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Home My WebLink About2016-19 Amend PUD-M Overlay Zoning District to Remove Faribault Place 3 PropertiesState of Minnesota County of Rice (Above Space Reserved for Recording) CITY OF FARIBAULT ORDINANCE 2016-19 AMEND THE BOUNDARIES OF THE PUD -M OVERLAY ZONING DISTRICT RELATED TO THE PLATS FOR FARIBAULT PLACE AND FARIBAULT PLACE 2nd ADDITION WHEREAS, John Cameron, Chief Manager of Cave Creek, LLC (Applicant) on behalf of Cave Creek, LLC, Faribault Senior Living, LLC, and Faribault Place Townhomes Association (Owners) submitted an application to the City of Faribault on August 22, 2016, requesting approval of an amendment to the boundaries of an existing Planned Unit Development — Mixed (PUD -M) Overlay Zoning District associated with the plats for Faribault Place and Faribault Place 2nd Addition; and WHEREAS, the existing PUD -M Overlay Zoning District was established by Ordinance 2006-22 and subsequently amended by Ordinance 2006-28 and Ordinance 2008-21 for the property legally described in Exhibit 1 and graphically depicted in Exhibit 2; and WHEREAS, it is necessary to amend the boundaries of the PUD -M Overlay Zoning District, described in the first recital, to allow for the creation of a new PUD Overlay Zoning District associated with the proposed Faribault Place 3rd Addition plat; and WHEREAS, this Ordinance (Ordinance 2016-19) amends the PUD -M Overlay Zoning District to include only that property legally described in Exhibit 3 and graphically depicted in Exhibit 4; and Ordinance 2016-19 Page 2 of 10 WHEREAS, the provisions of the PUD -M Overlay Zoning District established by Ordinance 2006-22, Ordinance 2006-28, and Ordinance 2008-21 are intended to continue to apply to the amended PUD -M Overlay Zoning District, except as may be amended by the establishment of a new PUD Overlay Zoning District associated with the proposed plat for the Faribault Place V Addition; and WHEREAS, City Staff has completed a review of said application and made a report to the Planning Commission (RZ 46B-16), a copy of which has been presented to the City Council; and WHEREAS, the Planning Commission, on the 5th day of December, 2016, following proper notice, held a public hearing regarding the Applicant's requested amendment; and WHEREAS, following said public hearing, the Planning Commission recommended that the City Council approve the Applicant's request to amend the PUD -M Overlay District as described in the previous recitals based on the following findings as required by Section 2-180 of the City's Unified Development Ordinance: 1. Criteria: Whether the amendment is consistent with the applicable policies of the City's Land Use Plan. Finding: The Land Use Plan for the subject property, as amended by Resolution #2016-281, guides the subject property for High -Density Residential. The property in the PUD -M Overlay District as amended by this Ordinance (Ordinance 2016-19) accommodates an existing high-density residential use. 2. Criteria: Whether the amendment is in the public interest and is not solely for the benefit of a single property owner. Finding: It is in the best interest of the public to maintain the existing high-density residential use in the PUD -M Overlay Zoning District, while allowing new uses in the proposed plat for the Faribault Place 3rd Addition to be established in a new PUD Overlay Zoning District. 3. Criteria: Whether the existing uses of property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. It does not change existing or planned uses associated with the subject property or the surrounding area. Ordinance 2016-19 Page 3of10 4. Criteria: Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. It does not change existing or planned uses associated with the subject property or the surrounding area. 5. Criteria: Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of a particular property. Finding: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. It does not change existing or planned uses associated with the subject property or the surrounding area; and WHEREAS, the Planning Commission's recommendation to approve the Applicant's request to amend the boundaries of the PUD -M as described in the previous recitals is also based on finding that the amendment is consistent with the required findings specified in Section 14-140 of the City's Unified Development Ordinance as follows: Finding 1: Adequate property control is established and provided to protect the individual owner's rights and property values and to define legal responsibilities for maintenance and upkeep. Expanded Finding 1: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. Coordination between the amended PUD -M Overlay Zoning District and the planned Faribault Place 3'd Addition plat and related PUD Overlay Zoning District will be adequately addressed through Agreements required by this Ordinance. Finding 2: The interior circulation plan and access from and onto public right-of- way does not create congestion or dangers and is adequate for the safety of the project residents and general public. Expanded Finding 2: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. It does not change existing or planned uses associated with the subject property or the surrounding area. Finding 3: A sufficient amount of useable open space is provided. Expanded Finding 3: Some open space associated with the amended PUD -M Overlay Zoning District will be accommodated by the proposed PUD Overlay Zoning District Ordinance 2016-19 Page 4 of 10 associated with the planned Faribault Place Yd Addition. Open space for the amended PUD -M Overlay Zoning District will be addressed in the Agreements associated with planned Faribault Place 3'd Addition plat and related PUD Overlay Zoning District. Finding 4: The arrangement of buildings, structures, and accessory uses does not unreasonably disturb the privacy of surrounding property owners or reduce the value of adjacent properties. Expanded Finding 4: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. It does not change existing or planned uses associated with the subject property or the surrounding area. Finding 5: The architectural design of the project is compatible with the surrounding area. Expanded Finding 5: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. It does not change existing or planned uses associated with the subject property or the surrounding area. Finding 6: The project will not place a burden on existing municipal infrastructure, including utility and drainage systems. Expanded Finding 6: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. It does not change existing or planned municipal infrastructure systems. Finding 7: The development schedule insures a logical development of the site, protecting the interests of project residents and the general public. Expanded Finding 7: This Ordinance (Ordinance 2016-19) amends the boundaries of the PUD -M Overlay Zoning District. It does not change existing or planned uses associated with the subject property or the surrounding area. Finding 8: The planned unit development is in reasonable compliance with the intent and purpose of the Land Use Plan. Expanded Finding 8: The City's Land Use Plan, as amended by Resolution 2016-281, guides the subject property for high-density residential, which is consistent with the existing high-density residential use in the amended PUD -M Overlay Zoning District; and WHEREAS, the City Council, at a public meeting on December 13, 2016, conducted a first reading of this Ordinance (Ordinance 2016-19); and Ordinance 2016-19 Page 5 of 10 WHEREAS, the City Council, at a public meeting on December 27, 2016, conducted a second reading of this Ordinance (Ordinance 2016-19); and WHEREAS, the City Council concurs with all of the findings of the Planning Commission as stated in the above recitals and hereby makes the identical findings. NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS: Section 1. Findings. The recitals set forth in this Ordinance and the Exhibits attached hereto are incorporated into and made part of this Ordinance, and where applicable, constitute the findings of the City Council Section 2. Amendment to the Boundaries of the PUD -M Overlay Zoning District. The PUD Overlay Zoning District established by Ordinance #2006-22, Ordinance #2006-28, and Ordinance #2008-21 is hereby amended to include only that property legally described in Exhibit 3 and graphically depicted in Exhibit 4. Section 3. Continued Application of PUD -M Overlay Zoning District Provisions. Where applicable, the provisions of the PUD -M Overlay Zoning District established by Ordinance 2006- 22, Ordinance 2006-28, and Ordinance 2008-21 shall continue to apply to the amended PUD -M Overlay Zoning District, except as may be amended by the establishment of a new PUD Overlay Zoning District associated with the proposed plat for the Faribault Place 3rd Addition. Section 4. Required Creation of the Final Plat and related PUD Overlay Zoning District for the Planned Faribault Place 3rd Addition. The amendment to the boundaries of the PUD -M Overlay Zoning District are conditioned on the establishment of a new PUD Overlay Zoning District associated with the proposed plat for the Faribault Place 31d Addition. Section 5. Official Zoning Map. The Official Zoning Map of the City of Faribault shall not be required to be republished to show the aforesaid amendment to the boundaries of the PUD -M Overlay Zoning District. However, the City Planner shall appropriately mark the Official Zoning Map on file with the City Planner for the purpose of indicating the boundaries of the amended PUD -M Overlay Zoning District. Section 6. Authorization to Execute Agreements. The Mayor and City Administrator are hereby authorized and directed to execute and deliver any and all required additional agreements, certificates, or other documents the City Attorney determines are necessary to appropriately implement this Ordinance. Section 7. Authorization to take Additional Steps. City Staff, City Consultants, and the City Attorney are hereby authorized and directed to take any and all additional steps and actions necessary or convenient to accomplish the intent of this Ordinance. Ordinance 2016-19 Page 6 of 10 Section 8. Summary Publication. City staff shall have the following summary printed in the official City Newspaper in lieu of publishing the complete ordinance in the newspaper: On December 27, 2016, the Faribault City Council adopted Ordinance 2016-19 to amend the boundaries of the PUD -M Overlay Zoning District at and near 843 Faribault Road. The intent of the amendment is to allow for the establishment of a new PUD Overlay Zoning District related to the plat for the planned Faribault Place 3rd Addition. A printed copy of the ordinance with a complete legal description of the rezoning is available for inspection during regular business hours at Faribault City Hall. Section 9. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to the Faribault City Charter First Reading: Second Reading Published: December 13, 2016 December 27, 2016 December 30, 2016 Faribault City Council Johrj R. Jasinski, Mayor ATTEST: Ordinance 2016-19 Page 7 of 10 EXHIBIT 1 Legal Description of PUD -M Overlay Zoning District established by Ordinance 2006-22 and Subsequently Amended by Ordinance 2016-28 and Ordinance 2008-21 Area 1: Lot 1, Block 1, Faribault Place Area 2: Lot 1, Block 2, Faribault Place Area 3: Lots 1-45, Block 1, Faribault Place 2,d Addition and Area 4: Lot 47, Block 2, Faribault Place Area 5: Lot 48, Block 2, Faribault Place Area 6: Outlot A, Faribault Place 2nd Addition Ordinance 2016-19 Page 8 of 10 EXHIBIT 2 Graphic Description of PUD -M Overlay Zoning District established by Ordinance 2006-22 and Subsequently Amended by Ordinance 2016-28 and Ordinance 2008-21 Ordinance 2016-19 Page 9 of 10 Exhibit 3 Legal Description of the Amended Boundaries of the PUD -M Overlay Zoning District established by Ordinance 2016-19 Area 1: Lot 1, Block 1, Faribault Place Ordinance 2016-19 Page 10 of 10 EXHIBIT 4 Graphic Description of the Amended Boundaries of the PUD -M Overlay Zoning District established by Ordinance 2016-19 STATE OF MINNESOTA COUNTY OF RICE FARIBAULT DAILY NEWS FARIBAULT PLANNING & ZONING _ 208 NW 1ST AVE FARIBAULT MN 55021 SUMMARY PUBLICATION OF CITY OF FARIBAULT ORDINANCES The City Council of the City of Faribault adopted the following ordi- REFERENCE: 20205 nances: F014693 SUMMARY ORD 2016 ORDINANCE 2016-17. On December 27,2016,the City Council of the City Faribault adopted Ordinance 2016-17 that establishes PUD I do solemnly swear that a copy of the notice, as Overlay Zoning District#2o16-17,which overlays the existing Shat- per the clipping attached, was published in the regular and entire edition of the Faribault Daily tuck-SaintMary's campuses at and around l000 and 1500Shumway News, a newspaper of general circulation, Avenue,320 5th Street NE,and 1800 14th Street NE. The City Council published in Faribault, County of Rice, State of also approved the related Development Plan,which identifies antici- M i n n e s o t a, and not in any supplement. The pated development on the campuses through roughly the year 2030. newspaper has complied with all the requirements ORDINANCE2016-18. On 27th of December,2016,the Faribault constituting qualifications as a legal newspaper, City Council adopted Ordinance 2016-18 rezoning certain parcels on as provided by Minnesota statutes 331A.C2, the Faribault Place subdivision from C-2,Highway Commercial to R-4, 331A.07, and all other applicable laws, as High Density Residential.The subject property is located at and near amended. The attached advertisement appeared in the issue(s) listed b w 93s Faribault Road. ORDINANCE 2016-19. On December 27,2016,the Faribault City Council adopted Ordinance 2016-19 to amend the boundaries of the Authorized Agent _ _ PUD-M Overlay Zoning District at and near 843 Faribault Road.The intent of the amendment is to allow for the establishment of a new PUD Sworn to before me t s _ fz_d a y of �/Z 0//e Overlay Zoning District related to the plat for the planned Faribault Place 3rd Addition. ORDINANCE 2016-20. On December 2 i,201 o,the Faribault City ___ Council adopted Ordinance 2016-20 that establishes PUD Overlay Zon- NOt ry PUblic, Rice County, Minnesota ing District#2016-20 and approves the Development Plan associated with the planned plat for Faribault Place 3rd Addition,which is located at and near 935 Faribault Road. PUD Overlay Zoning District#2016- 20 is intended to benefit the public by providing a mix of high-density PUBLISHED ON: 12/30 KIM M FAVRO senior and affordable residential uses in an integrated fashion. ORDINANCE 2016-21. On the 27th of December,2016,the Faribault Notary Public-Minnesotar MY CommbsWn Evros Jan 31, City Council adopted Ordinance#2016-21 that vacates certain ease- "•;.,,: 2022 ments associated with the final plats for Faribault Place and Faribault Place 2nd Addition.The intent of the vacation is to allow for the plat- TOTAL COST: 117.00 ting of Faribault Place 3rd Addition,which will establish new public FILED 0 N: 12/30/16 easements and rights-of-way to facilitate said development. Lowest classified rate: $20. 10 per inch A printed copy of the ordinances with a complete legal description of Maximum rate allowed by law: $12.30 per inch the affected properties is available for review at City Hall. F014693 12/30/16