BIG IDEASpart 1

May 5, 2014

City of Duluth Unified Development Code

Agenda

BIG IDEAS to discuss: Appeals Allowed Uses Planned Unit Developments (PUDs) Multi-Family Development

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Appeals

Goal – Simplify and consolidate multiple approaches in multiple ordinances

Legislative Appeals:• Special Exceptions (NEW)• From Administrative DecisionsDecision based on public health, safety and welfare

Quasi-Judicial Appeals:• Hardship Variances• Floodplain Management VariancesDecision based on equity for the property owner

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Special Exceptions

Relief from specific regulations, such as:• Buffers, landscaping• Building height limitations• Minimum building setbacks• Minimum lot width• And others

… when it is not inconsistent with the protection of the public health, safety or general welfare.

Administrative approval is allowed within limits.

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Special Exceptions

Standards for Approval• Would not cause substantial detriment to the public good;

and• Would comply with all fire safety, utility and environmental

health code requirements; and• Would not be injurious to the use and enjoyment of the

environment or of other property in the immediate vicinity; and

• Would not diminish and impair property values within the surrounding neighborhood; and

• Would not impair the purpose and intent of this Development Code.

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Conditional Uses

Conditional Uses eliminated as a category. Most have been converted to Special Uses• Considered by Planning Commission, and• Acted on by City Council

Some exceptions proposed, for example:• Banks with drive-in facilities allowed by right in C-1 • Art studios allowed by right in O-N

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Process

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Simplified and consolidated for clarity and speedy results

Allowed Uses

One matrix chart for Principal Uses• Uses allowed by zoning district, specifically:• By Right & If Approved as a Special Use

One matrix chart for Accessory Uses Principal uses organized under the following headings:

• Agriculture• Residential Uses• Administrative and Professional Offices• Commercial Services• Arts, Entertainment and Recreation• Retail Trade• Manufacturing, Wholesaling and Warehousing• Transportation, Communications and Utilities• Public and Institutional Uses

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NAICS Codes

Principal uses tied to NAICS Codes• North American Industry Classification System (U.S.

Department of Commerce) • NAICS assigns classification numbers to businesses

and industries based on the primary business activity in which the company is engaged

• Business activity usually corresponds to land use type, and therefore can be easily assigned to appropriate zoning districts

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NAICS Codes

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For Example:

44Retail Trade

441Motor Vehicles and Parts Dealers

4412Other Motor Vehicle Dealers

44122

Motorcycle, Boat, and Other Motor Vehicle Dealers

441222Boat Dealers

NAICS Codes

Principal uses tied to NAICS Codes• Allows a more comprehensive list of uses; uses can be

broken down into additional subcategories • Specific prohibited uses can be identified• Interpretation is occasionally needed for an individual

use • Intended to provide better guidance for property owners,

businesses and City staff / officials• Intended to sync with occupational tax application

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Planned Developments

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Existing: “Five types of Planned Development Districts shall be:

PRD Planned Residential DevelopmentPOD Planned Office DevelopmentPCD Planned Commercial DevelopmentPID Planned Industrial DevelopmentPUD Planned Unit Development

Planned Developments shall be classified by the dominant use proposed for the subject property. If a mixture of three or more uses is proposed and/or no dominant use is clearly identified, then the Planned Development shall be classified as PUD.”

Planned Developments

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Proposed: “Five types of Planned Development Districts shall be:

PRD Planned Residential DevelopmentPOD Planned Office DevelopmentPCD Planned Commercial DevelopmentPID Planned Industrial DevelopmentPUD Planned Unit Development

Planned Developments shall be classified by the dominant use proposed for the subject property. If a mixture of three or more uses is proposed and/or no dominant use is clearly identified, then the Planned Development shall be classified as PUD.”

Generally• Any land use may be allowed if use(s) can be shown

to provide an orderly relation and function to other uses in the development and to existing land uses, as well as with due regard to the Comprehensive Plan

• Land uses, dimensional requirements and design standards are proposed by the applicant and allowed upon approval of a master concept plan by City Council

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Planned Unit Developments

Planned Unit Developments

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Purpose• Simplify and streamline the Planned Development

process How?

• Master concept plan map and development summary report vs. site specific plan subject to numerous changes and extraneous rezoning submittal requirements

• Major PUD amendments require submittal of updated master concept plan and development summary vs. updated site plan and additional rezoning materials

Planned Unit Developments

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Purpose• Establish design standards up front

How?• Proposed building designs submitted in the PUD

application• The approved design, including architectural

elevations, establish the standards for the subject property

Planned Unit Developments

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Purpose• Efficiently track development as it progresses

How?• After rezoning is approved, development of a PUD or any

portion of a PUD requires submission and approval of a preliminary subdivision plat or a conceptual site plan.

• As development of each portion of a PUD proceeds, the master concept plan map is updated to show:- each final subdivision plat as it is approved for recording, and - each site plan for a multi-family or nonresidential project upon its approval for a land disturbing activity permit.

• No certificates of occupancy will be issued within those areas until the Planning Department has received the updated master concept plan map.

Multi-Family Developments

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Build apartments to condominium standards• Why?

- Higher quality construction- Can accommodate changing markets with conversion of

apartments to condos• Examples

- Individual water metering for each unit- Independent electrical power metering and internal cabling

(internet, TV, phone) for each unit- Soundproofing of common walls via construction techniques

or air gaps

Multi-Family Developments

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For townhouse developments, require:• Private, usable open space (balcony, sundeck, patio)

contiguous to each unit• The area of such open space shall be no less than

10% of the floor area of the unit served

Multi-Family Developments

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Build higher densities in PUDs• Why?

- Retain 6 du/ac in the RM District- Any proposal that is higher requires rezoning to PUD- Rezoning to PUD supports the idea of a community by

requiring some mix of uses, consistent with the intent of a PUD (e.g. a minimum of 10% dedicated to non-residential uses that benefit on-site residents, such as a gym, concierge, community room, etc.)

- The review process can include design standards of a higher quality than minimum requirements