§ 11.65  PLANNED DEVELOPMENT DISTRICT.
   Subd. 1.   Purpose.  The Planned Development (PD) provisions are intended: (a) to encourage developers to use a more creative and imaginative approach in the development and renewal of residential, commercial and industrial areas; (b) to provide an enjoyable living environment by preserving existing topography, stands of trees, ponds, flood plains and similar natural assets; (c) to provide a compatible and stable environment in harmony with that of surrounding area. The uniqueness of a Planned Development may necessitate Council action modifying or waiving certain provisions of the zoning code, except this chapter and the subdivision regulations. Planned Development is conceived for use primarily in two situations:
      A.   Vacant land. Areas of substantially open land where strict pre-regulation may limit good urban design or may not meet those changes in technology and demand that would be consistent with the best interests of the entire city; and
      B.   Built-up and aged areas. Areas of the city needed rehabilitation and development, including areas which may be deficient in public facilities and services where it is believed that private investment should be encouraged to contribute to that redevelopment, and in recognition that such necessary redevelopment cannot be expected to take place in strict accordance with those uniform regulations appropriated to more viable and established areas of the city.
   Subd. 2.   Requirements for the establishment of Planned Development Districts.
      A.    Size.  No Planned Development parcel shall be less than the minimum lot size permitted in the zoning district or districts in which the land proposed for the Planned Development is located.
      B.   Ownership.  A tract of land to be developed as a Planned Development shall be under the control of:
         1.   A single owner; or
         2.   A group of landowners, acting through a corporation, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the districts and to record such covenants, easements, and other provisions with the County Recorder.
      C.   Designation.  Each Planned Development shall be designated as one of three types according to the principal type of use by area permitted in the zoning district or districts in which the land proposed for the development is located. The three types include: (1) Residential (PD-R); (2) Commercial (PD-B); and (3) Industrial (PD-I).
   Subd. 3.   Principal permitted uses.  A Planned Development may include a mixture of residential, commercial, and industrial uses, or any combination thereof. The extent of each use shall be determined by the type of Planned Development District proposed as is herein provided. Uses other than the principal type of use by area permitted in the zoning district or districts in which land proposed for such development is located shall not result in undue adverse effect on surrounding areas, and shall be consistent with the intent of this chapter and the concept of the proposed Planned Development District.
   Subd. 4.   Pre-application conference.  Prior to filing of an application for approval of a concept statement, the applicant shall consult with the Planning Department to determine the procedures and requirements governing approval of a Planned Development. The Planning Director shall advise the applicant of the zoning requirements and city plans which might affect the proposed development.
   Subd. 5.   Concept statement and fee.  The applicant shall submit a written statement and sketch to the Planning Director for preliminary approval, in principle, by motion of the Planning Commission and the Council prior to the submission of a Planned Development district rezoning application. The concept statement shall identify the boundaries and proposed type of Planned Development District and be in sufficient detail to identify the proposed land uses, population densities, and building intensity; proposed circulation patterns (pedestrian and vehicular), parks, school sites and other open space; uses of land surrounding the proposed Planned Development District; and the tentative development schedule indicating the starting date and completion date. The tentative written consent of all property owners within the proposed Planned Development District shall commence review. Approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to redone the property to a Planned Development District. The final acceptance of land uses is subject to the following procedures:
(Ord. 107, Second Series, passed 4-2-85)
      A.   Commission.  The Commission shall review the application. Within 30 days after such review, the Commission shall, by motion, recommend approval in principle, approval with modifications, or denial of such application.
      B.   Council.  The Council shall consider the concept statement at a public meeting. The Council shall either grant approval in principle, approval with modifications, or deny such application.
(Ord. 213, Second Series, passed 5-30-90)
   Subd. 6.   Preliminary plan.
      A.   After receiving approval of the concept statement, the applicant shall submit to the Planning Director an application for a zoning amendment. The application shall be accompanied by a fee as may be established by resolution of the Council. The application shall also be accompanied by a plan showing:
         1.   The locations and dimensions of the area.
         2.   The exact sizes and location of existing and proposed buildings.
         3.   The existing and proposed uses of structures and open areas.
         4.   Exterior lighting plan.
         5.   Landscaping plan.
         6.   Grading plan.
         7.   Utility plan.
         8.   Streets on, and adjacent to the tract - street name, right-of-way, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, and the like.
         9.   Subsurface conditions on the tract, if required by the City Engineer - location and results of tests made to ascertain subsurface soil, rock and ground water conditions; depth to groundwater, unless test pits are dry at a depth of five feet.
         10.   Zoning on, and adjacent to, the tract.
         11.   Off-street parking, including parking for the handicapped when required (roadways not designed for parking shall be designated “no parking”).
         12.   Exterior view of buildings.
         13.   Floor plans of buildings.
         14.   Table summarizing the area of land devoted to various uses including floor areas, open space, living space, recreation space, type of construction for driveways, walkways, and the like.
         15.   Location and design of outdoor advertising devices, playground equipment, mailboxes, air conditioning, trash receptacles, and the like.
         16.   Statement as to when a plat will be rented or sold and how land will be transferred.
         17.   Statement as to when a plat will be submitted for approval.
         18.    Protective covenants and homeowners association by-laws.
         19.   Optional features, if any.
         20.   Information relating to topography, access, surrounding land uses.
         21.   If requested by the Planning Director, other matters, including documents showing ownership, preliminary plat, and the like.
         22.   Development schedule indicating stages in which projects will be built with emphasis on area, density, use and public facilities, such as open spaces, to be developed with each stage. Approximate dates for beginning and completion of each stage.
         23.   Development Experience - The developer shall submit information of personal experience in real estate development to include all corporations now or formerly in existence in which the developer exercised substantial control. If the developer has not had any previous experience in real estate development, he or she shall submit such evidence as is necessary to demonstrate his or her competence to undertake the proposed development.
         24.   Financial Capability - The developer shall submit certified evidence of present financial position to include existing proposed credit sources for land acquisition, construction, and permanent financing. No developer shall be approved unless it can be shown that he possesses or has the ability to acquire sufficient funds for the development of the site.
      B.   The preliminary plan procedure may be waived at the discretion of the Commission on recommendation of the Planning Director at the concept statement stage when the proposed Planned Development does not exceed two acres in lot area and the simplicity of the development does not warrant a preliminary plan.
   Subd. 7.   Review.
      A.   Upon receipt of the application and plans, the Planning Director shall refer it to other departments and agencies for review as to compliance with pertinent city standards and regulations. Within 30 days, the Planning Director shall recommend to the Commission: (1) Approval of the proposal in the form submitted; (2) Approval with modifications; (3) Disapproval of the proposal. The recommendation of the Planning Director shall include findings of fact and shall set forth the reasons for the recommendation specifying with particularity in what respects the plan would or would not be in the public interest, including but not limited to the following:
         1.   The extent to which the plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.
         2.   The manner in which the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
         3.   The nature and extent of open space, the reliability of the proposals for the maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the dwelling unit densities proposed in the plan.
         4.   The relationship, beneficial or adverse, of the Planned Development project upon the neighborhood in which it is proposed to be established.
         5.   In the case of a plan which proposes development over a period of years, the sufficience of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the City Attorney.
         6.   In built-up areas, the suitability of the proposed structures in relation to existing structures to remain and anticipated future development of the area.
         7.   Conformity with all applicable provisions of this chapter and the Comprehensive Plan.
      B.   Within 30 days after receiving the Planning Director’s report, the Commission shall hold a public hearing on the application after giving notice as provided in § 11.07, Subd. 2. Within 30 days after such hearing, the Commission shall submit its recommendation to the Council. The Commission may recommend tentative approval in whole or in part, with or without modification, or recommend disapproval.
      C.   The Council shall either grant tentative approval of the application, with or without modification, or deny such application.
   Subd. B.  Final plan.  Upon tentative approval of the preliminary plan, the applicant shall submit:
      A.   A final plan with any required modifications.
      B.   If required, a final plan of that segment to be developed first, to the Planning Director within the time specified by the Council but in any case not more than one year from the date of tentative approval. If the final plan and plat are not submitted within the allowed time, the tentative approval shall automatically become void and the applicant must pay the fee and start the proceedings again. The processing of the final plan is subject to the following procedures:
         1.   If the Planning Director finds the final plan and plat to be in substantial agreement with the action of the Council he or she shall submit the documents directly to the Council for final action; if not, he or she shall identify such discrepancies in a letter of transmittal to the Council, The Council shall consider the final plan at a public hearing after giving notice as provided in § 11.07, Subd. 2. If approved by the Council, the final plan shall be adopted by resolution subject to such conditions or restrictions as may be imposed by the Council, and the area of land involved shall be redesignated as a Planned Development District by ordinance. The resolution approving the final plan shall not become effective until the effective date of the ordinance designating the area as a Planned Development.
         2.   The final plan as approved by resolution together with the conditions and restrictions imposed, if any, shall govern and control the use and development of the land involved, provided that general zoning regulations which were applicable to the land prior to approval of the plan and which are not inconsistent with the plan shall continue to be applicable. No building permit shall be issued for any structure within the district unless and until the Planning Director certifies that it conforms to the provisions of the plan and other applicable zoning requirements.
         3.   All public facilities and improvements made necessary as a result of the Planned Development shall be either constructed in advance of the approval of the final plan, or, at the election of the city, escrow deposits, irrevocable letters of credit in a form approved by the city, or performance bonds shall be delivered to guarantee construction of the required improvements.
         4.   Final agreements, provision or covenants shall govern the use, maintenance and continued protection of the Planned Development.
   Subd. 9.   Preparation of a plan.  The applicant is required to have the necessary documents and supporting evidence prepared and endorsed by, a qualified professional team consisting of a registered architect, and, if the Planned Development requires the subdivision of land and the installation of public site improvements, a registered land surveyor and registered engineer.
   Subd. 10.   Occupancy of planned development.  Occupancy and use of buildings and structures in a Planned Development may be permitted when the buildings and structures have been completed to the satisfaction of the Building Inspector and the access drives and parking areas are sufficiently completed to support emergency vehicles at all times and are kept in a dust-free condition. Final surfacing of streets, roadways, and parking areas and landscaping may be deferred over winter months upon written application to, and approval of, the Planning Director.
   Subd. 11.   Storage of recreational vehicles.  In all residential Planned Developments there shall be provided a separate area to be used for the storage, indoors or outdoors, of the occupants’ recreational vehicles. Such storage shall have the parking spaces marked and be suitably landscaped so as to be harmonious with the rest of the development.
   Subd. 12.   Administration.
      A.   The Commission may adopt specific rules and regulations from time to time and place them on public record in the office of the City Clerk.
(Ord. 107, Second Series, passed 4-2-85)
      B.   The Planning Director shall review each incompleted Planned Development at least once each year and shall make a report, through the Commission, to the Council on the current construction and site improvement status of the development. If construction falls more than one year behind the schedule filed with the final plan, or exceeds five years, the owner shall be required to submit a statement to the Planning Director setting forth the reasons for the lack of progress. If the Council finds that construction has not occurred according to the established development schedule or is not otherwise reasonable in the view of the Council, the Council may initiate rezoning to remove the Planned Development District. In any event it shall not be necessary for the Council to find that the rezoning to a Planned Development District was in error.
(Ord. 213, Second Series, passed 7-30-90)
   Subd. 13.   Change.  Changes in the final plan involving the location and alignment of structures not to exceed ten feet in any direction and other minor revisions in the shape of structures may be authorized by the Planning Director for good cause shown provided the changes are within the maximum allowable floor area limits, are in harmony with the intent of the concept statement as to uses and densities of use and the architectural style has been approved in writing by the Planning Development’s homeowners association or other ownership body. All other changes shall be made only after public hearings by the Commission and the Council, upon notice as provided in Section 11.07, Subd. 2, and any changes approved by the Council shall be by resolution as an amendment to the final plan.
(Ord. 107, Second Series, passed 4-02-85)