Subd. 1. Purpose. The purposes of this section are:
A. To encourage a more creative and efficient development of land and its improvements than is possible under the more restrictive application of zoning requirements such as lot sizes and building setbacks, while at the same time meeting the standards and purposes of the comprehensive plan and preserving the health, safety and welfare of the citizens.
B. To allow for a mixture of residential units in an integrated and well-planned area.
C. To ensure concentration of open space into more usable areas, and the preservation of the natural resources of the site including wetlands, woodlands, steep slopes and scenic areas.
Subd. 2. Permitted uses. The following shall be permitted uses within a planned unit development: dwelling units in detached, clustered, semidetached, attached, or multistoried structures or combinations thereof.
Subd. 3. Conditional use permit required; standards. A conditional use permit shall be required of all planned unit developments. The city may approve a planned unit development only if it finds that the development satisfies all the following standards, in addition to meeting the requirements of § 11.088, except for the time limit:
A. The planned unit development is consistent with the city's comprehensive plan.
B. The planned unit development is an effective and unified treatment of the development possibilities in the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas.
C. The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site.
D. Financing is available to the applicant on conditions and in an amount sufficient to ensure completion of the planned unit development.
E. The tract under consideration is under single control.
Subd. 4. Preapplication meeting. Prior to the submission of any plan to the Planning Commission, the applicant shall meet with the Zoning Administrator and, if necessary, with the Planning Commission to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit a simple sketch plan at this stage for informal review and discussion. The applicant is urged to avail himself or herself of the advice and assistance of the planning staff to facilitate the review of the outline plan and preliminary plat.
Subd. 5. Application.
A. An applicant shall apply for and seek approval of a conditional use permit following the procedural steps as set forth in § 11.088.
B. The following exhibits shall be submitted to the Zoning Administrator by the developer as part of the application for a conditional use permit and approval of development plan:
1. A preliminary development plan.
2. A preliminary plat, and all the necessary documentation, as required under the subdivision regulations, of all or that portion of the project to be platted.
3. An explanation of the character and need for the planned unit development.
4. A statement of proposed financing of the PUD.
5. A statement of the present ownership of all the land included within the PUD and a list of property owners within 350 feet of the outer boundaries of the property.
6. A general indication of the expected schedule of development including sequential phasing and time schedules.
7. A map giving the legal description of the property, including approximate total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easement, street rights-of-way, utilities, and buildings for the property and for the area 350 feet beyond.
8. Natural features maps of the property and the area 350 feet beyond showing contour lines at no more than two-foot intervals, drainage patterns, wetlands, vegetation and soil and subsoil condition.
9. A map indicating the proposed land uses, including housing units and types, vehicular and pedestrian circulation, and open-space uses.
10. A full description as to how all necessary governmental services will be provided to the development, including sanitary sewers, storm sewers, water system, streets and other public utilities.
C. In addition to the criteria and standards set forth in § 11.088 for the granting of conditional use permits, the following additional findings shall be made before any PUD preliminary development plan is approved.
1. The proposed PUD is in conformance with the city's comprehensive plan.
2. The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property, and will not be detrimental to the potential surrounding uses.
3. Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing and operation of dwelling units and common open space are balanced and coordinated.
4. The PUD will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which are proposed to serve the district.
5. The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries.
D. For purposes of administrative simplification, the public hearings required for the conditional use permit and preliminary plat may be combined into one hearing or may be held concurrently.
E. Within 90 days following the approval of the conditional use permit, the preliminary development plan with any recommended modifications, and the preliminary plat, the applicant shall file with the Zoning Administrator a final development plan containing in final form the information required in the preliminary development plan, plus any changes recommended by the Planning Commission and the City Council as a result of the public hearing. The applicant shall also submit a final plat for all or that portion to be platted.
F. The Zoning Administrator shall submit the final development plan and the final plat to the Planning Commission and other applicable agencies for review.
G. The final development plan and the final plat shall conform to the preliminary development plan and preliminary plat, plus any recommended changes by the Planning Commission or City Council to the general development plan and preliminary plat.
H. The City Council shall review the final development plan and final plat. The City Council shall give notice and provide opportunity to be heard on the final development plan to any person who has indicated in writing that he or she wishes to be notified.
I. If the final development plan is approved by the City Council, the zoning administrator shall issue a conditional use permit to the applicant.
Subd. 6. Enforcement of the final development plan. Construction and provision of all the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six months following the approval of the final development plan, the Zoning Administrator shall review all of the building permits issued for the planned unit development and examine the construction which has taken place on the site. If he or she shall find that the rate of construction of dwelling units is faster than the rate at which common open spaces and public recreational facilities have been constructed and provided, he or she shall forward this information to the City Council, which may revoke the conditional use permit. If the developer or landowners fail to complete the open spaces and recreation areas within 60 days after the completion of the remainder of the project, the city may finish the open space areas, bill the developer, and assess such costs back to the developer or landowner.
Subd. 7. Conveyance and maintenance of common open spaces.
A. Conveyance. All land shown on the final development plan as common open space must be conveyed in one of the following ways, at the option of the city:
1. It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures or improvements which have been placed on it.
2. It may be conveyed to trustees provided in an indenture establishing a homeowners' association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the trustees, subject to covenants to be approved by the City Council which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which ensures its continuing use for its intended purpose.
B. Maintenance. If the common open space is conveyed to a homeowners' association and the common open space is not maintained properly to the city's satisfaction, the city shall have the authority to maintain the property, bill the homeowners, and assess any unpaid maintenance costs back to the benefitted properties.
Subd. 8. Standards for common open space. No open area may be accepted as common open space under the provisions of this section, unless it meets the following standards:
A. The location, shape, size and character of the common open space must be suitable for the planned development.
B. The common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to scale and character of the planned development, considering its size, density, expected population, topography and the number and type of dwellings to be provided.
C. The common open space must be suitably improved for its intended use; the common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must enhance the amenities.
Subd. 9. Utility connections.
A. Where more than one property is served from the same water service line, a shutoff valve must be located in such a way that each unit's service may be shut off by the city, in addition to the normally supplied shutoff at the street.
B. Where more than one unit is serviced by a sanitary sewer lateral which exceeds 300 feet in length, a provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or individual property owners.
Subd. 10. PUD review and amendments.
A. Revisions to the PUD.
1. Minor changes in the location, placement and heights of buildings or structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved.
2. Approval by the Planning Commission and City Council shall be required for other changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan.
3. Any amendment to a PUD shall require the same procedures for the application of a conditional use permit as set forth in § 11.088 of this chapter.
Subd. 11. Zoning amendments in relation to the comprehensive plan. Any change in zoning granted by the City Council shall automatically amend the comprehensive plan in accordance with the zoning change.
(Ord. 699, passed 1-18-22)