B IG I DEAS part 1 May 5, 2014 City of Duluth Unified Development Code

Agenda B IG I DEAS to discuss: Appeals Allowed Uses Planned Unit Developments (PUDs) Multi-Family Development 2

Appeals Goal – Simplify and consolidate multiple approaches in multiple ordinances Legislative Appeals: Special Exceptions (NEW) From Administrative Decisions Decision based on public health, safety and welfare Quasi-Judicial Appeals: Hardship Variances Floodplain Management Variances Decision based on equity for the property owner 3

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. 4

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. 5

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 6

Process 7 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 8

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 9

NAICS Codes 10 For Example: 44 Retail Trade 441 Motor Vehicles and Parts Dealers 4412 Other Motor Vehicle Dealers Motorcycle, Boat, and Other Motor Vehicle Dealers Boat 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 11

Planned Developments 12 Existing: Five types of Planned Development Districts shall be: PRDPlanned Residential Development PODPlanned Office Development PCDPlanned Commercial Development PIDPlanned Industrial Development PUDPlanned 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 13 Proposed: Five types of Planned Development Districts shall be: PRDPlanned Residential Development PODPlanned Office Development PCDPlanned Commercial Development PIDPlanned Industrial Development PUDPlanned 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 master concept planLand uses, dimensional requirements and design standards are proposed by the applicant and allowed upon approval of a master concept plan by City Council 14 Planned Unit Developments

15 Purpose Simplify and streamline the Planned Development process How? vs.Master concept plan map and development summary report vs. site specific plan subject to numerous changes and extraneous rezoning submittal requirements vs.Major PUD amendments require submittal of updated master concept plan and development summary vs. updated site plan and additional rezoning materials

Planned Unit Developments 16 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 17 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 18 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 19 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 20 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