Subd. 1. Purpose. The purpose of this subsection is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This subsection is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings, and activities, which promote the goals outlined in the Comprehensive Plan or serve another public purpose. Planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use and maintenance of parking, open space and other similar facilities, and harmonious selection and efficient distribution of uses. The PUD process, by allowing flexibility from the strict provisions of this chapter related to setbacks, heights, lot area, width and depth, yards, and the like, either by rezoning to a PUD District or when located in a shoreland management overlay by a conditional use permit, is intended to encourage one or more of the following:
1. Provide a development pattern in harmony with the objectives of the Comprehensive Plan. The PUD process is not intended only as a means to vary applicable planning and zoning principles;
2. Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this chapter;
3. Preserve and enhance desirable site characteristics such as natural topography, wetlands, woodlands, scenic views, natural habitat, and geologic features and prevent soil erosion;
4. Preserve and enhance open spaces to provide contiguous common open spaces for scenic enjoyment, recreational use, natural habitat protection, and community identity;
5. Provide for flexibility to the strict application of the land use regulations in this chapter in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, and the like) that exceed the city’s standards to offset the effect of any deviations;
6. Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city;
7. Encourage innovations in development to the extent that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments;
8. Promote a desirable and creative environment that might be prevented through the strict application of zoning and subdivision regulations of the city;
9. Result in an efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments;
10. Ensure the establishment of appropriate transitions between differing land uses; and/or
11. Promote the creative use of the land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other.
Subd. 2. Benefit. The proposed PUD shall accomplish the purposes and the design criteria set forth herein and shall not simply be for the enhanced economic gain of the applicant. It shall be the applicant’s responsibility to demonstrate compliance with this requirement and provide specific written documentation addressing this matter as part of the PUD zoning application. Based on this documentation, the city shall determine that some benefit will be realized by the city if a PUD is permitted.
Subd. 3. Concept PUD Plan Procedure. The general processing steps for a PUD are intended to provide for an orderly development and progressions of the project with the greatest expenditure of developmental funds being made only after the city has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The process for filing a planned unit development (PUD) is outlined below.
1. Procedure. The concept PUD plan may be submitted and reviewed by the Planning Commission and by the City Council to obtain nonbinding comments on its merits before application and formal review of the development stage PUD plan. A concept PUD plan shall not be considered by the city simultaneously with the development stage PUD plan.
2. Pre-Application Conference. Prior to submitting a general concept PUD plan, the applicant for the proposed PUD shall arrange for and attend a conference with city staff. At such conference, the applicant shall be prepared to generally describe the proposal for a PUD. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys, and other data.
3. Concept PUD Plan. The applicant may submit a concept PUD plan of the project to the Zoning Administrator. The concept PUD plan provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development before incurring substantial cost. The following elements of the proposed concept PUD plan represent the immediately significant elements which the city shall review and provide comments on:
a. Overall maximum PUD density range;
b. General location of major streets and pedestrian ways;
c. General location and extent of public and common open space;
d. General location of residential and non-residential land uses with approximate type and intensities of development;
e. Staging and time schedule of development; and
f. Other special criteria for development.
4. Submittal Requirements. The following information shall be required to process a concept PUD plan: all information as required by the city’s concept PUD plan handout.
5. Concept PUD Plan Process. The review of concept PUD plans shall follow the procedure in subsection 1104.03.
Subd. 4. Development Stage PUD Plan. Each PUD shall require development stage PUD plan and final plan PUD approval. Information from the concept PUD plan may be included for background and to provide a basis for the submitted plan. The Planning Commission will base its recommendations to the City Council concerning approval of the development stage PUD plan based upon consistency of the development stage PUD plan and preliminary plat to the PUD criteria and feedback received on the concept PUD plan. The development stage plan will also serve as the basis upon which the final stage PUD plan (implementation of the PUD) will be evaluated.
1. Procedure. The first step in the development stage PUD shall be the application to a rezoning to a PUD, Planned Unit Development District, except in the Shoreland Overlay District shall be by conditional use permit.
2. Simultaneous Submission. The Zoning Administrator may authorize the applicant to simultaneously submit the rezoning, development stage PUD, and final plan PUD.
3. Development Stage PUD Plan Application Requirements. The applicant shall file with the Zoning Administrator a development stage PUD plan. The development stage PUD plan submittals shall include, but not be limited to: all information as required by the city’s development stage PUD plan handout.
4. Development Stage PUD Plan Review Process.
a. The Zoning Administrator shall review the application and provide copies for the review of city staff, consultants, and all other agencies responsible for review of the application.
b. The Planning Commission shall review the development stage PUD plan to consider the conformity of the plan to the Comprehensive Plan, with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the concept PUD plan and with respect to the compliance of the development stage pud plan with the provisions of this chapter and all other applicable federal, state, and local codes.
c. With the recommendation of the Planning Commission, the City Council may grant approval, return the plan to the Planning Commission for further consideration of specified items, or deny the development stage PUD plan setting forth its findings of fact and conditions in the form of a resolution.
d. The applicant shall incorporate all required conditions of approval into a plan set and narrative and shall submit copies of said development stage PUD plan and preliminary plat to the city to serve as the official review document for future phases of the PUD.
5. Development Stage PUD Plan Review Criteria. The evaluation of the proposed development stage plan shall include, but not be limited to, the following criteria.
a. Individual Rights. Adequate property control is provided to protect the individual owner’s rights and property values and the public responsibility for maintenance and upkeep.
b. Transportation Plan. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public.
c. Open Space. A sufficient amount of useable open space is provided.
d. Privacy and Property Values. The arrangement of buildings, structures, and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses.
e. Compatibility. The architectural design of the project is compatible with the surrounding area.
f. Drainage. The drainage and utility system plans are submitted to the City Engineer, and the final drainage and utility plans shall be subject to their approval.
g. Sound Development. The development schedule ensures a logical development of the site which will protect the public interest and conserve land.
h. Subdivision Ordinance. The development is in compliance with the requirements of the city subdivision ordinance.
i. District Requirements. Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
6. Limitation on Development Stage PUD Plan Approval.
a. Unless a final plan PUD covering the area designated in the development stage PUD plan as the first stage of the PUD has been filed within one year from the date that the City Council grants development stage PUD plan approval, or in any case where the applicant fails to file a final plan PUD and to proceed with development in accordance with the provisions of this chapter and/or an approved development stage PUD plan, the approval shall expire.
b. The City Council may, at its discretion, extend the filing deadline for any final plan PUD when, for good cause shown, such extension is necessary. In any case where development stage PUD plan approval expires, the City Council may adopt a resolution repealing the development stage PUD plan approval for that portion of the PUD that has not received final plan PUD approval and re-establish the zoning and other ordinance provisions that would otherwise be applicable.
Subd. 5. Final Plan PUD. The applicant shall file with the Zoning Administrator a final plan PUD. The final plan PUD is intended only to add detail to, and to put in final form, the information contained in the concept PUD plan and the development stage PUD plan, and shall conform to the development stage PUD Plan in all respects. The final plan PUD shall serve as a complete and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other provisions of the City Code as the land use regulation applicable to the PUD.
1. Final Plan Submittal Requirements. The application submittals should depict and outline the proposed implementation of all or prescribed phases of the development stage PUD plan for the PUD. The final plan submittals shall include, but not be limited to: all information as required by the city’s final PUD plan handout.
2. Final Plan PUD Review Process.
a. The Zoning Administrator shall review the final plan PUD to consider the conformity of the plan with the development stage PUD plan and preliminary plat. The Zoning Administrator shall forward a recommendation to the City Council to approve, deny, or conditionally approve the final plan PUD.
b. The final action of the City Council to approve, deny, or conditionally approve the final plan shall be in the form of a resolution setting forth facts and findings and conditions of approval.
c. Denial of the final plan PUD shall be accompanied by written findings of fact of the City Council including supporting data setting forth the reasons for the denial in terms of the ways the proposed use fails to meet the standards and intent of the Comprehensive Plan, is not consistent with the approved development stage PUD plan, and/or is otherwise injurious to the public health, safety, and welfare.
d. Whenever an application for a final plan PUD has been considered and denied by the City Council, a similar application for PUD affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one year from the date of its denial.
e. A rezoning of a parcel of land to PUD shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time the City Council approves the final plan PUD and final plat. Upon approval of the final plan PUD and final plat, all ordinances for rezoning shall be published to implement the PUD zone.
f. If in a Shoreland District, the CUP/PUD resolution and final plat findings of fact shall also be filed with the State Department of Natural Resources within ten days of city approval. Proof of recording with the county shall be provided prior to the issuance of building permits to the site.
g. The terms of the PUD as approved by the City Council shall be embodied in a PUD agreement/development contract and such other documents as the city shall deem necessary or desirable.
h. Within 90 days of its approval, the final plan, PUD agreement/development agreements, and all other pertinent documents shall be recorded with the County Recorder or Registrar of Deeds. Failure to record said final plan within 90 days of approval shall render the PUD null and void.
3. Limitation on Final Plan PUD Approval. Within one year after the approval of a final plan PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension granted by the City Council as hereinafter provided, shall automatically render void the PUD. All approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinance and other Code provisions applicable in the district in which it is located. In such case, the City Council shall adopt a resolution and ordinance repealing the PUD and PUD approvals and re-establish the zoning and other provisions that would otherwise be applicable to the site.
Subd. 6. PUD General Requirements.
1. Application. All permitted, accessory, conditional, or interim uses and uses by administrative permit contained in subsections 1003.05 through 1003.17 of this chapter which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within a PUD District.
2. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the Comprehensive Plan.
3. Common Open Space. Common open space at least sufficient to meet the minimum requirements established by this chapter and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD.
4. Reductions. Reductions of the underlying zoning district regulations may be approved by the City Council as part of the overall approval of the PUD if the following conditions are satisfied.
a. The reductions bear a demonstrable relationship to, and are consistent with, the goals and policies of the Comprehensive Plan.
b. The reductions result in eliminating the adverse impact and effect of such uses by utilizing screening, landscaping, superior site and building design, and other features related to planning, design, and construction.
c. Any reduction of ordinance requirements approved as part of a PUD shall be approved only upon a showing that the reduction does not adversely affect the surrounding properties because the PUD plan has provided screening, buffering, fencing, walls, or other site improvements which have eliminated the adverse effects of the reduction. Such reductions shall be approved as part of the overall PUD approval, and any reduction granted shall be written into the PUD development agreement.
Subd. 7. Density Bonus. As a benefit of a PUD’s planned and integrated character, the number of dwelling units allowed within the respective base zoning district may be increased based upon a finding by the City Council that such an increase is consistent with the goals of the Comprehensive Plan and that the PUD provides for the stated objectives of this subsection. The building, parking, and similar requires for these extra units shall be observed in compliance with this chapter.
Subd. 8. Major and Minor Changes to an Approved Development Stage PUD Plan.
1. A proposed minor change to an approved development stage PUD plan shall require a public hearing and shall be incorporated into the application for final PUD plan approval, and any notification regarding such final plan PUD approval shall describe the proposed minor change(s). A “minor change” means any departure from the conditions of development stage PUD plan approval which is not a “major change” and includes, but is not limited to, the following:
a. Revisions to number of dwelling units in a structure;
b. Revisions to number of non-residential structures;
c. Revisions to heights of structures;
d. Revisions to location of internal roads; and
e. Revisions similar in nature to those above as determined by the city.
2. A proposed major change to an approved development stage PUD plan shall require reapplication for development stage PUD plan approval and any notification regarding such development stage PUD plan approval shall describe the proposed major change or changes. A major change is any departure from the conditions of development stage PUD plan approval which would result in any of the following:
a. Revisions to the approved design concept;
b. Revisions to the approved use(s);
c. An increase in the number of residential dwelling units;
d. An increase in the square footage of non-residential structures;
e. A decrease in the amount of landscaping, site perimeter buffering, and open space; and
f. An increase in traffic volumes or change in circulation patterns which impacts surrounding development.
Subd. 9. Major and Minor Changes to an Approved Final Plan PUD.
1. The Zoning Administrator is authorized to allow adjustments in accordance with item 2 below. The Zoning Administrator shall allow only such adjustments as are consistent with guidelines established in item 2 below, and in no case shall an adjustment be allowed if it will increase the total amount of floor space authorized in the approved final plan PUD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to any boundary line or change substantially any point of ingress or egress to the site.
2. For the purposes of this subsection, “adjustments” means any departure from the conditions of final plan PUD approval which complies with the following criteria:
a. The adjustment maintains the design intent and quality of the original approval;
b. The amount of landscaping, buffering, and open space shall not be reduced;
c. The number of dwelling units in residential developments and the square footage of structures shall not increase;
d. The density of the development shall not change;
e. The adjustment shall not relocate a building, street, or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback;
f. The height of buildings and other structures shall not increase;
g. Views from both structures on-site and off-site shall not be substantially reduced;
h. Traffic volumes shall not increase and circulation patterns shall not change;
i. Changes in color, plant material, and parking lot configurations are minor;
j. The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original documents; and
k. The Zoning Administrator determines that the change will not increase any adverse impacts or undesirable effects of the project or that the change in no way significantly alters the project.
Subd. 10. Records. The Zoning Administrator shall maintain a record of all PUDs approved by the city, including information on a project’s allowed uses, all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the Zoning Administrator may deem appropriate.
Table 15 | ||
PUD Name | Resolution/Ordinance | Date of Approval |
Table 15 | ||
PUD Name | Resolution/Ordinance | Date of Approval |
Berndt Ponds Estates Third | Res. No. 2006-26 | 2-22-2006 |
Big Lake Car Condos | Res. No. 2019-94 \ Ord. No. 2019-17 | 12-11-2019 |
Big Lake Car Condos Second Addition | Res. No. 2021-20 | 3-24-2021 |
Big Lake Center | Res. No. 2006-65 | 5-10-2006 |
Big Lake Lumber | Res. No. 2003-19 \ Ord. No. 2003-02 | 2-19-2003 |
Big Lake Marketplace Professional Center | Res. No. 2006-36 | 3-8-2006 |
Big Lake Marketplace Third Addition | Ord. No. 2019-17 | 12-11-2019 |
Big Lake Station Senior | Res. No. 2022-82 | 10-26-2022 |
Big Lake Townhomes | Res. No. 2011-12 | 1-26-2011 |
Big Lake Townhomes Second Addition | Ord. No. 2019-10 | 6-12-2019 |
Big Lake Townhomes Third Addition | Res. No. 2019-41 | 6-12-2019 |
Big Lake Town Square | Res. No. 2006-49 | 4-12-2006 |
Res. No. 2004-116 | 10-13-2004 | |
Big Lake Wastewater Treatment Facility | Res. No. 2020-40 \ Ord. No. 2020-10 | 4-22-2020 |
Cherrywood of Big Lake | Res. No. 2011-52 | 7-13-2011 |
Commerce Park | Res. No. 2008-86 | 9-24-2008 |
The Crossing Phase 2 | Res. No. 2018-115 \ Ord. No. 2019-10 | 12-12-2018 \ 6-12-2019 |
Habitat First Addition | Res. No. 2001-37 | 5-23-2001 |
Harrisons Cove | Res. No. 2004-76 | 6-23-2004 |
Lake Shopping Center Second Addition | Res. No. 2006-130 | 11-8-2006 |
Lake Street Cottages | Res. No. 2002-34 | 7-10-2002 |
Lake Street Cottages Second Addition | Res. No. 2006-08 | 1-11-2006 |
Marketplace Crossing | Res. No. 2022-38 \ Ord. No. 2022-06 | 4-27-2022 |
McDowall Oaks Fourth Addition | Res. No. 2001-67 | 10-10-2001 |
The Meadows of Big Lake | Res. No. 2003-61 | 7-23-2003 |
Mitch K. Farms | Res. No. 2003-59 | 7-23-2003 |
Norland Park | Res. No. 2016-24 | 3-23-2016 |
Norland Park Fifth Addition | Res. No. 2018-38 | 5-9-2018 |
Northstar Commuter Rail Project | Res. No. 2007-52 | 5-23-2007 |
Northern Star Apartments | Res. No. 2011-94 \ Ord. No. 2011-08 | 12-14-2011 |
Res. No. 2016-80 | 9-28-2016 | |
Oak Glen | Res. No. 2006-29 | 2-22-2006 |
Options, Inc. | Res. No. 2016-97 | 11-9-2016 |
Prairie Meadows | Res. No. 2003-39 | 6-11-2003 |
Prairie Meadows Second Addition | Res. No. 2007-119 | 11-24-2007 |
Prairie Meadows Third Addition | Res. No. 2022-36 \ Ord. No. 2022-05 | 4-27-2022 |
Prairie Rose | Res. No. 2022-61 | 7-27-2022 |
Sandhill Villas | Res. No. 2020-48 \ Ord. No. 2020-12 | 5-27-2020 |
School View Square | Res. No. 2009-49 | 6-10-2009 |
Station Street Apartments | Res. No. 2020-15 \ Ord. No. 2020-03 | 2-26-2020 |
Sweetwater Bend | Res. No. 2005-118 | 8-10-2005 |
Wrights Crossing Third Addition | Res. No. 2003-123 | 12-10-2003 |
Res. No. 2019-47 | 7-24-2019 | |
Res. No. 2021-10 | 1-27-2021 | |
(Ord. 2023-07, passed 6-14-2023)