Planning Report

Date:	July 17, 2001

Subject:	Zoning Ordinance Amendments

•	Sections 7-210, 7-230 (Planned Unit Development)

•	Sections 5-330, 5-340, 5-350, and 5-360 (B-4 Downtown Business)

Request

The Planning Commission is asked to consider a Zoning Ordinance Amendment to Sections 7-
210, 7-230 regarding Planned Unit Development and Sections 5-330, 5-340, 5-350, and 5-360 regarding the B-4 Downtown Business zone.

The City's attorney has recommended modifications to the B-4 Downtown Business zone and the PUD ordinance. The purpose of the changes are to improve the flexibility of the ordinances while allowing the City to maintain the sufficient control over land use and development standards.

Draft ordinances amending the B-4 and PUD portions of the zoning ordinance have been prepared by the City Attorney and are attached.

The following summarizes the proposed Amendments to the Planned Unit Development Ordinance (PUD):

Section 7-210. Purpose:	The Purpose section is proposed to specifically identify mixed use developments as a type of development to which may be regulated by the PUD ordinance.

Section 7-230. Standards.

Subsection (3):	Changes to the Planned Unit Development Standards are proposed which allow the City Council discretion to restrict or expand the uses allowed in the District.

Subsection (8):	Clarifies the City Council's ability modify setbacks from the specific requirements stated in the ordinance.

The following summarizes the Amendments of the B-4 Downtown Business District:

Approval Process:	Creation or modification of the B-4 district is proposed to require a two-thirds vote instead of a 4/5ths vote for the City Council.

Section 5-340. Permitted Uses:	A new paragraph (5) is proposed which allows the City Council to restrict or expand the uses listed in the B-4 section, taking into consideration the land being rezoned, the uses in the vicinity of the land, and any specific development proposals made and approved in connection with the rezoning.

Section 5-350. General Development Plans:

Subsection (2):	A fifth item (E.) is added to the list of required elements of the General Development Plan. It states that any proposed limitations on the use and development of properties in the district shall be included in the plan.

Subsection (3):	The proposed Code change allows the City Council to attach conditions and may require that such conditions be set forth in covenants regulating the use and development of properties in the District.

Section 5-360. Development Regulations:

Subsection (1):	No construction, expansion, or change of use will be allowed without an amendment to the general development plan

Subsection (3):	Amendments shall follow the same process format as Special Use Permits, except that it shall require a thwo-thirds vote of the City Council.

Subsection (4):	Proposes that commercial and industrial uses in the B-4 Downtown Development District shall comply with the B-3 regulations except as modified by the terms and conditions imposed by the City Council. instead of the Special Use Permit standards.

Subsection (5):	Proposes that residential uses in the B-4 Downtown Development District shall comply with the R-3B regulations except as modified by the terms and conditions imposed by the City Council instead of the Special Use Permit standards.

Analysis

The proposed changes to Chapters 5 (B-4, Downtown Business Zone) and Chapter 7 (Planned Unit Development) will provide greater flexibility and control of development for the City Council. This will be a particular useful tool in future redevelopment areas.

Community Development and the City Attorney recommend approval of the proposed ordinance changes.

Patrick Boylan, Intermediate City Planner

ORDINANCE NO. ________

STATE OF MINNESOTA

COUNTY OF RAMSEY

CITY OF NEW BRIGHTON

AN ORDINANCE RELATING TO PLANNED UNIT DEVELOPMENT; AMENDING CITY ZONING CODE SECTIONS 7-210 AND 7-230.

THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS That the New Brighton Code of Ordinances is amended by amending City Zoning Code Sections 7-210 and 7-230 as follows:

Section 1.	Section 7-210 of the City's Zoning Code is amended as follows:

It is the intent of the planned unit development provisions of the Zoning Code to establish a mechanism whereby major commercial developments or mixed use developments containing commercial and industrial uses or commercial and residential uses may be regulated in a manner that allows for sensitivity to the needs of the development and of the natural and man-made environment in order to create a harmonious relationship between that development and its larger environment.

Section 2.	Section 7-230, paragraph (3) of the City's Zoning Code Is amended as follows:

(3)	Uses permitted in a planned unit development shall be those permitted uses, accessory uses, and uses by special permit that are allowed in the zoning classification of the land to be included in the planned unit development. At the time of approval of a planned unit development, the City Council may restrict or expand the uses that would otherwise be allowed in the District.

Section 3.	Section 7-230, paragraph (8) of the City's Zoning Code is amended as follows:

(8)	All buildings shall observe the following setbacks unless otherwise specified by the Council at the time of approval of the planned unit development:

A.	There shall be a minimum setback of the height of the building, or thirty feet, whichever is greater, from all property lines that form the perimeter of the entire plan of the planned unit development. Subject to approval of the City Council, building setbacks may be decreased from the perimeter setback requirement for any new Planned Unit Development if pedestrian linkages to neighboring developments for residents, employees, or shoppers is provided along with an approved streetscape plan with enhanced landscaping.

B.	There shall be a minimum setback of the height of the building, or sixty feet, whichever is greater, from any property zoned R-1 or R-2.

C.	There shall be a minimum setback of the height of the building, or sixty feet, whichever is greater, from any public street.

Section 4. This Enactment is in effect from and after the date following its publication.

Adopted this _________ day of ___________, 2001.

________________________________

Steve Larson, Mayor

_________________________________

Matthew Fulton, City Manager

ATTEST:

______________________________________

Patty Isaacson, Acting City Clerk

(SEAL)

ORDINANCE NO. ________

STATE OF MINNESOTA

COUNTY OF RAMSEY

CITY OF NEW BRIGHTON

AN ORDINANCE RELATING TO THE B-4 DOWNTOWN BUSINESS DISTRICT; AMENDING CITY ZONING CODE SECTIONS 5-330, 5-340, 5-350 AND 5-360.

THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS That the New Brighton Code of Ordinances is amended by amending City Zoning Code Sections 5-330, 5-340, 5-350 and 5-360 as follows:

Section 1.	Section 5-330 of the City's Zoning Code, paragraph (1) is amended as follows:

(1)	By ordinance, the City Council may designate a parcel or parcels of land as a B-4 Downtown Business District after the Planning Commission has completed a review and held a public hearing. Notice of the hearing shall be given in the same manner as specified in Section 8-620 of the Zoning Code.

Section 2.	Section 5-340 of the City's Zoning Code Is amended by adding new paragraph (5) as follows:

(5)	At the time of rezoning land to B-4 Downtown Business District, the City Council may, by ordinance, restrict or expand the uses listed in this section, taking into consideration the land being rezoned, the uses in the vicinity of the land, and any specific development proposals made and approved in connection with the rezoning.

Section 3.	Section 5-350 of the City's Zoning Code, paragraphs (2), (3), and (4) are amended as follows:

1.	Such plans shall contain the following information:

A.	Location and configuration of proposed buildings.

B.	Location and size of public and/or private parking areas, streets or ways to serve exisitng or proposed development.

C.	Special architectural or design regulations to control development in the District.

D.	Special signing regulations to control District signing.

E. Any proposed limitations on the use and development of properties in the District.

2.	In approving a general development plan, the City Council may attach such conditions as it deems necessary to protect the public health, safety, and welfare, or to better carry out the stated purposes of this Chapter of the Zoning Code, and may require that such conditions be set forth in covenants regulating the use and development of properties in the District.

3.	Approval shall only be granted after review by the Planning Commission at a public hearing and action by the City Council. Approval of a general development plan shall require a two-thirds vote of all members of the City Council.

Section 4.	Section 5-360 of the City's Zoning Code is amended as follows:

Sec. 5-360. Development Regulations in a B-4 Downtown Business District.

(1)	Within a B-4 District there shall be no construction or expansion of buildings or structures nor expansion of any existing land use that is not consistant with the General Development Plan without obtaining an amendment to the general development plan for such construction or expansion. The construction or expansion must be in general compliance with the comprehensive plan for the City.

(2)	Application for amendments required herein shall include the submission of detailed site and development plans for development of all or an appropriate portion of the site. Plans shall be submitted in accordance with the terms of Section 8-010 of the Zoning Code except that the City may exempt an application from providing some of the information in cases involving expansion of existing buildings or land uses when such information would not be necessary to establish the effects of the proposal on surrounding properties or to establish compliance with approved plans.

(3)	The procedure for consideration of an amendment shall be the same as that for a special use permit as specified in Section 8-120 except that approval requires a two-thirds vote of the entire Council.

(4)	Commercial and industrial uses within a B-4 Downtown Development District shall comply with all development regulations applicable in the B-3, General Business District, except as modified by the approved general development plan for the District or by the terms of conditions imposed by the Council for a specific development.

(5)	Residential uses within a B-4 Downtown Development District shall comply with all development regulations applicable in the R-3B, Multiple-Family Residence District, except as modified by the approved general development plan for the District or by the terms of conditions imposed by the Council for the specific development.

Section 5. This Enactment is in effect from and after the date following its publication.

Adopted this _____ day of ___________, 2001.

____________________________

Steve Larson, Mayor

____________________________

Matt Fulton, City Manager

ATTEST:

__________________________________________

Patty Isaacson, Acting City Clerk

(SEAL)