BIG IDEAS
part 1
May 5, 2014
City of Duluth Unified Development Code
Agenda
BIG IDEAS to discuss:
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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 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
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Special Exceptions
 Relief from specific regulations, such as:
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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
Simplified
and
consolidated
for clarity
and speedy
results
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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:
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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
 For Example:
44
Retail Trade
441
Motor Vehicles and
Parts Dealers
4412
Other Motor Vehicle
Dealers
44122
Motorcycle, Boat, and
Other Motor Vehicle
Dealers
441222
Boat Dealers
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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
 Existing:
“Five types of Planned Development Districts shall be:
PRD
Planned Residential Development
POD
Planned Office Development
PCD
Planned Commercial Development
PID
Planned Industrial Development
PUD
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.”
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Planned Developments
 Proposed:
“Five types of Planned Development Districts shall be:
PRD
Planned Residential Development
POD
Planned Office Development
PCD
Planned Commercial Development
PID
Planned Industrial Development
PUD
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.”
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Planned Unit Developments
 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
 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
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Planned Unit Developments
 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
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Planned Unit Developments
 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.
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Multi-Family Developments
 Build apartments to condominium standards
• Why?
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Higher quality construction
Can accommodate changing markets with conversion of
apartments to condos
• Examples
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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
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Multi-Family Developments
 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
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Multi-Family Developments
 Build higher densities in PUDs
• Why?
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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
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