Subd. 1 Purpose. The purpose of a Planned Unit Development is to:
(1) Encourage a more creative and efficient development of land and its improvements through the preservation of natural features and amenities than is possible under the more restrictive application of zoning requirements. This section may allow deviations, under appropriate circumstances, to underlying ordinance provisions, if it is proven that public benefits are provided to mitigate any deviations. These changes shall meet the standards and purposes of the Comprehensive Plan while preserving the health, safety, and welfare of the citizens of the City.
(2) To allow for the potential mixture of uses in an integrated and well-planned area when such mixing of land uses could not otherwise be accomplished under this Code.
(3) To ensure concentration of open space into more usable areas, and a preservation of the natural resources of the site.
(4) Protects natural site features including but not limited to topography, wetlands, open space, trees, natural buffers, in private, common and public open space.
(5) To facilitate the economical provision of streets and public utilities.
(6) To facilitate mixed use developments, and/or affordable housing, recreational uses and institutional uses.
Subd. 2 Allowed Uses. Uses within the PUD may include only those uses generally considered associated with the general land use category shown for the area on the official Comprehensive Land Use Plan unless otherwise approved in the development plan. Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan. Any change in list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures specified in this Subsection.
Subd. 3 General Standards for Approval.
(1) A rezoning will be required of all Planned Unit Developments. The rezoning will be applied as an overlay to the underlying zoning district and reflected as such on the official Zoning Map. The City may approve the Planned Unit Development only if it finds that the development satisfies all of the following standards:
a. The Planned Unit Development is consistent with the Comprehensive Plan of the City.
b. The Planned Unit Development is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation or creation of unique amenities such as natural streams, stream banks, wooded cover, rough terrain, manmade landforms or landscaping 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. The development plan shall not have a detrimental effect upon the neighborhood or area in which it is proposed to be located.
d. The Planned Unit Development provides transitions in land use in keeping with the character of adjacent land use and provides variety in the organization of site elements and building design.
e. The tract under consideration is under single ownership or control.
f. Public benefits shall be included in each development and considered as part of the review of the overall Planned Unit Development and as an opportunity to support any deviations from the primary zoning ordinance provisions and performance standards. Public benefits, that may be considered, include but are not limited, to the following:
1. Preservation or creation of increased public or private open space (above what is excluded in net calculation).
2. Increased park land dedication beyond the required park dedication amount when land is required by the ordinance.
3. Expansion of existing open space or open space corridors and/or linking open space corridors beyond borders of the site.
4. Preservation of existing natural resources, the sites natural topography, existing buffers and woodlands (as may be mapped as the greenway corridor on the land use plan) beyond minimum required by ordinance.
5. Site amenities: private parks, enhanced pedestrian scale and decorative street lighting, tot lots, trails (above what is required by ordinance), recreational facilities, community center, pools or other on-site amenities which serve the entire development.
6. Stormwater re-use system for common area and individual lots irrigation system.
7. Multiple development wide enhanced entry features including the following elements: monument signage with decorative lighting, water feature and enhanced entry landscaping surrounding the monument.
g. The Planned Unit Development will not create an excessive burden on parks, schools, streets, or other facilities and utilities that serve or are proposed to serve the Planned Unit Development.
Subd. 4 Procedure for Processing a Planned Unit Development (PUD).
(1) All Planned Unit Development applications shall follow the procedural requirements set forth in this Subsection. Prior to issuance of any permits for development within a PUD the following must occur:
a. Concept Plan Review.
b. Master Development Plan.
c. Rezoning to Planned Unit Development.
d. Preliminary Plat.
e. Final Plat for the entire or specific parts of the PUD. If the applicant requests, and at the discretion of the Planned Department, the process of reviewing one or more of the applications identified above may be combined and processes concurrently for all or any portion of a planned unit development. Such combined procedure shall generally be reserved for smaller, single state PUD’s, or for any single stage of a multiple state PUD.
(2) Concept sketch plan review. The purpose of the concept stage is to inform the City of the applicant’s intentions and to inform the applicant as to the general acceptability of the proposal before extensive costs are expended by the applicant.
a. Concept sketch plan review application information:
1. An application for concept sketch plan review on City application form and all applicable fees, signatures, and information.
2. A narrative of the concept explaining the land use proposed, density, public and private parks, trails, greenways and open space, natural resources or other public benefits and tentative staging or schedule.
3. Map showing the proposed development, including, as appropriate:
(a) Proposed land use patterns with listing of uses, including descriptions of the anticipated housing types and densities. General “bubble” land use diagrams would be sufficient for concept review.
(b) Road and trail systems.
(c) Park and open space systems.
(d) Staging and timing of development.
b. Concept sketch plan review:
1. Planning staff shall submit a written review along with the applicant’s plans to the Planning Commission for their consideration.
2. Planning Commission and City Council action not required. No formal action of the Planning Commission or City Council is required. The comments of Planning Commission and City Council shall be for guidance only and not be considered binding on any future action taken when a formal planned unit development application is submitted.
(3) Master Development Plan Review.
a. Purpose. The master development plan provides the overall general plan for the proposed planned unit development including proposed land uses and their intensities, general development layout and design; and the timing and staging of various phases. Once adopted all subsequent development within the defined Master Development Plan shall be consistent with this plan.
b. The following exhibits and written narratives shall be submitted to the City by the proposed developer as a part of the application for a master development plan PUD.
c. An explanation of the character of the planned development and the manner in which it has been planned to take advantage of the planned development regulations including public benefits it is providing.
d. A list of the present ownership of all the land included within the planned development and a list of property owners within 500 feet of the outer boundaries of the property.
e. A general indication of the expected schedule of development including progressive phasing and time schedule.
f. 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, easements, street rights-of-way, utilities, and buildings for the property and for the area 500 feet beyond.
g. Existing Conditions Map showing: Natural features, maps or maps of the property and area 500 feet beyond showing contour lines at no more than 2-foot intervals, drainage patterns, wetlands, swales, vegetation, soil, and subsoil conditions,
1. Open space corridors, greenways, trail corridors and parks identified on any approved long range community plans.
2. Natural resource information including wooded areas, wetlands, steep slopes and prime habitat areas.
3. Location of public utilities.
h. Written narrative describing the proposed Master Development Plan, the market it is intended to serve and project magnitude including, but not limited to, dwelling units per net acres for each residential land use; square footage by type for non-residential land uses, and other data necessary for the calculation of traffic generation, parking requirements, and utility and recreation needs.
i. A land use plan indicating proposed land uses and corresponding areas including housing units, total densities and types, area devoted to non-residential uses, area devoted and number of off-street parking and loading spaces and related access, and common and private parks and open space uses. Narrative shall accompany to provide additional detail.
j. Circulation including vehicular and pedestrian movement throughout the site, relationship to the City thoroughfare plan and the adjoining land.
k. Plans including grading and drainage, utilities, streets.
l. An engineering report presenting results of percolation tests and soil analysis of the site.
m. Parking plan for non-residential areas including tabular breakdown of parking requirements by use.
n. Landscape and buffering plans.
o. Signage plan.
p. Lighting plan.
q. Open space, parks and community facilities plan showing land dedicated or deed restricted for public or common use showing major trails, acreage and proposed use; location of all recreational facilities, location of any private amenities. Information shall be provided on how the areas are to be maintained.
r. Plan for timing and phasing of development.
s. Typical elevations for each land use type.
t. Outline of proposed covenants or other restrictions proposed for the regulation of the development.
u. Any additional information requested by the City staff, the Planning and Zoning Commission and City Council that may be required for clarification of the proposed project.
(4) Notice and hearing procedure.
a. Notice and hearing procedures shall follow requirements listed in Subsection 1002.05.
(5) Rezoning request review. Requests to rezone to a PUD will only be considered concurrently with applications for a master development plan or once a master development plan has been approved by the City Council following the criteria and standards set forth in Subdivision 1001.28 of this chapter for granting of a rezoning. Rezoning or PUD shall not be effective until a master development plan has been approved by the City Council.
(6) Preliminary plat review.
a. The applicant shall submit a preliminary plat and all the necessary documentation as required under Section 1002 of all or that portion of the project to be platted. Requests for preliminary plat will only be considered concurrently with applications for a master development plan or once a master development plan has been approved by the City Council.
b. Care and maintenance of public space and service facilities. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities.
c. Restrictive covenants. Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.
(7) Final plat review.
a. The applicant shall submit a final plat, according to the requirements in Section 1002 for all or that portion to be platted. Such plats may be submitted in smaller increments as may be economical to finance or construct at one time.
b. The final plat shall be consistent with the approved preliminary plat and master development plan.
c. The City Council shall review the final development plan and final plat. Upon approval the following items shall occur:
1. The final master development plan, and all supporting documents will be filed with the PUD agreement and together they will form the conditions of approval.
2. If the final plat is not recorded with Hennepin County and the development contract is not fully executed with all required bonds posted within 18 months of the date of the final plat and development contract were approved by the City Council, then the PUD shall become null and void.
3. At any time within 30 days before such deadline, the applicant may file with the Zoning Administrator a written request that the deadline be extended 1 year beyond the date the extension is granted.
4. The Zoning Administrator shall place the applicant’s request on the agenda of a regularly scheduled Council meeting to be held within 30 days of such filing.
5. The Council at its discretion may grant the extension, for not more than 1 year, for, when good cause shown, such extension is necessary.
6. Only 1 such extension may be made.
7. In any case where final development plan approval expires, the Council may forthwith adopt a resolution repealing the general development plan approval and the final development plan approval for that portion of the PUD.
d. Building permits. Building permits shall not be issued for any structures and land alterations shall not be made until the following conditions are met:
1. Public open space has been deeded to the City and officially recorded.
2. A development contract has been approved and executed by all required parties with all required bonds posted.
3. The homeowner’s association bylaws, covenants and deed restrictions have been approved by the City Attorney and officially recorded.
4. The final plat has been approved by the City and recorded with appropriate governmental agencies as required by law.
(8) Conveyance and maintenance of common open space.
a. All land shown on the final master development plan as common open space must be conveyed to homeowner’s association or similar organization provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the homeowner’s association or similar organization subject to covenants to be approved by the City Attorney 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 assures its continuing use for its intended purpose.
b. If a homeowner’s association is created, the applicant shall submit any required homeowner association documents at the time of the first final plat of development to the City. Attorney and City Staff which explain:
1. Ownership and membership requirements.
2. Articles of incorporation and bylaws.
3. Time at which the developer turns the association over to the homeowners.
4. Approximate monthly or yearly association fees for homeowners.
5. Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space grounds, and utilities.
c. Standards for common or open space. No open area may be approved as common open space under the provisions of this Subsection unless it meets the following standards:
1. The location, shape, size, and character of the common open space must be suitable for the planned development.
2. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.
3. Common open space must be suitably improved for its intended use but common 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 conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.
4. Outlots to be dedicated for park, ponding or other purposes shall be deeded to the City before the final plat is released for recording.
(9) Review and amendments.
a. From time to time the Zoning Administrator may review PUDs within the City and may make a report to the City Council on the status of noncompliance for a particular PUD. If the City Planner finds that the development has not commenced within 1 year after the original approval of the conditional use for the PUD, the City Planner may recommend that the City Council extend the time or revoke the PUD approval as set forth in Subsection 1001.28 of this chapter. Prior to cancellation or revocation of this permit, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard.
b. For additional phases of the PUD, if within 5 years the project has not progressed, the City Planner may recommend that the City Council determine what action will be taken with the remainder of the project. Prior to determining the outcome of the PUD, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard.
c. Minor changes in the location, placement, and heights of the 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.
d. Approval of the Planning and Zoning 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.
e. Any amendment to the PUD shall require the same procedures as for the application for a PUD as set forth in this chapter.
(10) Inspections during development.
a. Following approval of a PUD, or a stage thereof, the Zoning Administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.
b. If the Zoning Administrator finds that development fails in any respect to comply with the PUD plans as finally approved, he/she shall immediately notify the Council. Within 30 days of such notice, the Council shall either by ordinance revoke the PUD permit, and the land shall thereafter be governed by the regulations applicable in the district in which it is located or shall take such steps as it shall deem necessary to compel compliance with the final development plan as approved or shall require the landowner or applicant to seek an amendment of the development stage plan.
(Ord. 2010-04, passed 9-28-2010; Am. Ord. 2021-13, passed 7-13-2021 )