(A) Purpose.
(1) The purpose of the PUD provisions is to encourage high quality design standards for development and alternative subdivision design techniques.
(2) Dimensional criteria of the City of Harris zoning regulations districts may be modified or varied for PUD developments in exchange for higher design standards, site preservation techniques, extraordinary parkland development, pedestrian circulation, trails linkage to other neighborhoods and community destinations, and other unique development considerations.
(3) PUD review and approval is a discretionary action by the city and the eligibility of a proposed development as a PUD shall be determined solely by the city. Proposed variations from the dimensional standards of this chapter shall only be approved when it is determined by the city that variations are commensurate with benefits to the planned neighborhood and overall community.
(4) A determination shall include but not be limited to the following considerations:
(a) Master site planning and creative design in the proposed development of the land and uses;
(b) Variety in housing styles and housing types and provisions for life cycle and affordable housing opportunities;
(c) Architectural design components and controls for all planned uses and structures;
(d) Protection and incorporation of unique natural features into the overall planned community;
(e) Creation of larger expanses of usable public and private open spaces, planned recreational facilities, and pedestrian accesses throughout the proposed development;
(f) Landscaping plans for all proposed land uses, public and private parks, open spaces when appropriate, major transportation corridors, transition areas between land uses, and within screening and buffering areas;
(g) Appropriate screening and buffering of residential uses from major transportation corridors and dissimilar land uses;
(h) Compatibility with the comprehensive plan;
(i) Consistency with existing goals and policies of the city;
(j) Compatibility with existing and potential development patterns;
(k) Appropriate transitions between land uses to ensure compatibility within and adjacent to the proposed development;
(l) Consistency with the general intent of the Harris zoning regulations and strict compliance with the general provisions and minimum performance standards of the zoning regulations;
(m) Private subdivision covenants necessary to guarantee adherence to architectural standards, to implement master planning components of the proposed development, and to satisfy required private and public area maintenance provisions;
(n) Appropriate transportation access, circulation, design and impact mitigation, including required improvements to adjacent roadways serving the proposed development; and
(o) Financial participation in off-site improvements required to connect the proposed development to existing and planned neighborhoods and existing and planned public utility and transportation infrastructure.
(B) Permitted uses - Residential PUD (requires public sewer and water).
(1) Single-family detached residences and single-family attached residences and accessory uses.
(2) Multiple residential dwellings and accessory uses.
(3) Public parks and recreation facilities.
(4) Public buildings and facilities.
(5) Public and private schools and accessory recreational facilities.
(6) Licensed daycare and residential facilities in single-family attached and single-family detached residential areas consistent with M.S. Chapter 462.357, Subd. 7, as it may be amended from time to time.
(7) Licensed daycare and residential facilities in multiple residential areas consistent with M.S. Chapter 462.357, Subd. 8, as it may be amended from time to time.
(8) Residential health care facilities.
(9) Home occupations.
(10) Other uses specifically permitted in the approval of the PUD.
(C) Permitted uses - residential/commercial mixed use PUD (requires public sewer and water).
(1) Single-family detached residences and single-family attached residences and accessory uses.
(2) Multiple residential dwellings and accessory uses.
(3) Public parks and recreation facilities.
(4) Public buildings and facilities.
(5) Public and private schools and accessory recreational facilities.
(6) Licensed daycare and residential facilities in single-family attached and single-family detached residential areas consistent with M.S. Chapter 462.357, Subd. 7, as it may be amended from time to time.
(7) Licensed daycare and residential facilities in multiple residential areas consistent with M.S. Chapter 462.357, Subd. 8, as it may be amended from time to time.
(8) Residential health care facilities.
(9) Home occupations.
(10) Neighborhood commercial retail and service uses, not inconsistent with the comprehensive plan, and not incompatible with area residential land uses and transportation facilities serving the development, including:
(a) Gasoline sales and accessory convenience retail sales;
(b) Full service restaurants, cafes, and drive-through restaurants;
(c) Off-sale and on-sale liquor;
(d) Video rentals and sales;
(e) Daycare centers;
(f) Dry cleaning, laundry, tailoring, hair salons and similar household services;
(g) Small appliance, electronics, and household item repair and service and accessory sales conducted wholly within principal structures; and
(h) Automobile service and accessory sales conducted wholly within principal structures.
(11) Other uses specifically permitted in the approval of the PUD.
(D) Permitted uses - commercial/light industrial mixed use PUD (requires public sewer and water).
(1) Gasoline sales and accessory convenience retail sales.
(2) Retail sales and accessory services.
(3) Full service restaurants, cafes, and drive-through restaurants.
(4) On-sale and off-sale liquor establishments.
(5) Family movie theaters.
(6) Hotels and motels.
(7) Professional offices.
(8) Hospitals and medical clinics.
(9) Funeral homes and mortuaries.
(10) Household service and repair businesses.
(11) Vehicle and equipment repair and service.
(12) Office/showroom sales and service uses.
(13) Building supply centers.
(14) Lawn and garden centers.
(15) Other uses specifically permitted in the approval of the PUD.
(E) Dimensional standards.
(1) The dimensional standards applied to lots, uses and structures within a PUD shall be established in the review and approval process.
(2) The city shall have total discretion in establishing dimensional criteria, and departures from the zoning regulations standards shall be based upon the level of site plan detail, architectural quality and controls, overall master planning, utility and roadway capacity, neighborhood and community benefit, public safety issues, and overall development controls.
(F) Special requirements.
(1) The minimum site area requirements for a residential or residential/commercial mixed use PUD is 100 acres.
(2) The minimum site area requirements for a commercial/light industrial mixed use PUD is 20 acres.
(3) An increase in the density allowed by the districts of the zoning regulations for any residential uses shall result in corresponding increase in the amount or quality of the following.
(a) Group usable open space, recreational amenities, and pedestrian ways.
(b) Architectural features, housing styles, and housing variety.
(c) Landscaping, screening, and streetscape amenities.
(d) Environmental protection and controls.
(e) Site design and development control.
(4) The city shall determine whether open space provisions and recreational amenities shall be publicly dedicated or privately owned and maintained.
(5) Private open space and recreation areas and, specific improvements on public property, such as landscaped medians or subdivision monuments and design features within public rights-of-way, will require covenants, restrictions, homeowner association agreements or other acceptable mechanisms that guarantee perpetual private maintenance of private open spaces, recreation areas, common areas, and other areas.
(6) Residential/commercial mixed use PUDs shall require common or compatible street landscaping, street lighting, and parking lot lighting throughout the development. The quality and amount of landscaping, screening, and buffering between dissimilar uses shall be a major component of all PUDs and subsequent site plan reviews.
(7) Architectural features and controls shall be a major component of all PUDs and all mixed use PUDs will require compatibility of architectural features between dissimilar uses.
(8) Nothing in this section shall be construed to approve or permit variations in construction materials, craftsmanship, building codes, electrical codes, plumbing codes, fire codes, design or construction of public improvements, which in any way suggest substandard or inferior development or construction.
(G) Process. All PUDs requiring the subdivision of land shall follow the platting requirements and PUD provisions of the Harris subdivision regulations and require a conditional use permit (CUP) as provided in the Harris zoning regulations. Mandatory or discretionary review of the potential environmental effects of the proposed development may be required prior to the submission of concept PUD and preliminary plat. A sketch plan PUD/plat review and approval, concept PUD/preliminary plat review and approval, and final PUD/final plat review and approval shall occur concurrently as prescribed in the subdivision regulations.
(H) Submittal requirements.
(1) A sketch plan shall be prepared with sufficient detail and information to illustrate the major features of the proposed development and its eligibility as a PUD.
(2) Following sketch plan review and approval by the City Council, PUD and platting information may be assembled and combined in a single format, provided the platting submission requirements of the Harris subdivision regulations and the following minimum information are provided:
(a) Written narrative summarizing the proposed development features and all proposed exceptions to or departures from conventional development standards;
(b) Complete details of the proposed site development, including locations of buildings, driveways, parking spaces, dimensions of the parking spaces, dimensions of the lots, lot area and yard dimensions, sidewalks, and trails;
(c) Open space and recreation plans illustrating all public and private recreational amenities, facilities, and structures, including trails;
(d) Circulation plans for proposed pedestrian and vehicle traffic;
(e) Detailed plans for landscaping, screening, and buffering;
(f) Preliminary architectural plans, including the floor plans and building elevations of proposed structures;
(g) Descriptions for exterior wall finishes proposed for all principal and accessory structures;
(h) Calculations of gross and net residential densities for each residential product;
(i) A two-foot contour map of the existing site, including the depiction of existing uses and structures, and the delineation of all wetlands, floodplains, and shoreland areas;
(j) A grading plan and erosion control plan consistent with best management practices must also be submitted;
(k) Preliminary covenants and documents for a homeowners association, condominium association, or other joint maintenance mechanism to be approved by the city that includes:
1. Ownership and membership requirements;
2. Organization of the association;
3. Time at which the developer turns the association over to the members;
4. Approximate monthly or yearly association fee for members;
5. Specific listing of items owned in common, including items such as roads, recreational facilities, parking, common open spaces, and utilities, and any public areas subject to association maintenance; and
(l) A development agreement shall be entered into with the city to ensure compliance with the terms and conditions of an approved PUD. The agreement shall include the uses permitted in the PUD, the details of waivers or departures from conventional dimensional standards and other ordinance requirements and all other special conditions and features of the PUD. The agreement shall include all other standard provisions of development agreements required by the city to assure ordinance conformance and financial guarantees. A preliminary deposit and disbursement agreement shall be entered into with the city to provide security for reimbursement of all city costs incurred in the preliminary review of the PUD application, including without limitation engineering, technical, planning, legal and administrative costs. The amount of security shall be as set forth in the current city fee schedule.
(I) Required actions.
(1) Sketch plan.
(a) The Planning Commission shall recommend either approval, approval with modifications, or denial of the PUD sketch plan.
(b) The recommendation shall be based upon the determination that the proposed development either may qualify as a PUD and appears to be capable of satisfying the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD.
(c) The City Council shall consider the recommendations of the Planning Commission and either approve, approve with modifications, or deny the PUD sketch plan.
(d) The action shall be based upon the determination that the proposed development either may qualify as a PUD and appears to be capable of satisfying the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD.
(2) Concept PUD/conditional use permit.
(a) The Planning Commission shall recommend either approval, approval with modifications, or denial of the concept PUD/CUP.
(b) The recommendation shall be based upon the determination that the proposed development either qualifies as a PUD and will satisfy the provisions and requirements of the PUD District or the proposed development does not qualify as a PUD and does not satisfy the provisions and requirements of the PUD District.
(c) Approval of a CUP shall be contingent upon final PUD approval.
(d) The City Council shall consider the recommendations of the Planning Commission and either approve, approve with modifications, or deny the PUD sketch plan.
(e) The action shall be based upon the determination that the proposed development either qualifies as a PUD and will satisfy the provisions and requirements of the PUD District or the proposed development does not satisfy the provisions and requirements of the PUD District and the proposed development does not qualify as a PUD.
(3) Final PUD.
(a) A final PUD shall be submitted with the final plat, containing final development plan details and required modifications. All phased developments shall require a final PUD submitted with each subsequent final plat. The final PUD shall contain final architectural plans for all uses and detailed site plans for all non-single-family detached residential uses. The final PUD shall not be inconsistent with the approved concept PUD, except as modified and approved by the city.
(b) The Planning Commission shall recommend either approval, approval with modifications, or denial of the final PUD. The recommendation shall be based upon the determination that the final PUD is consistent with the approved concept PUD, modified appropriately, or inconsistent with the approved concept PUD. The City Council shall either approve, approve with modifications, or deny the final PUD. The action shall be based upon the determination that the final PUD is consistent with the approved concept PUD, modified appropriately, or inconsistent with the approved concept PUD.
(4) Zoning amendment and zoning map.
(a) Upon approval of a PUD and completion of the procedures required for amending zoning classifications, the land within a PUD may be zoned PUD. Alternatively, all or portions of a PUD which conform to the district dimensional standards and district uses of the zoning regulations may be assigned specific zoning district classifications. The PUD District classification shall imply that approved PUD uses and dimensional standards are in conformance with the Harris zoning regulations. Each amendment to the zoning regulations establishing a PUD District shall include an amendment to the Harris zoning map, illustrating the amended zoning classification, and an appendix, illustrating the uses permitted within the development, the amended dimensional standards for each use, and other performance standards pertinent to the approved PUD.
(b) Subsequent uses and structural improvements within a PUD, including but not limited to new uses, building additions, and site plan revisions, shall conform to the approved uses and approved development standards within the approved PUD. The city may at its discretion interpret new uses and revisions to be consistent with the approved PUD or at its discretion may require an amendment to the PUD. Any amendment to a PUD shall follow the procedures established in this section to review and approve a PUD.
(Prior Code, § 601.22) (Am. Ord. 2005-02, passed 6-27-2005) Penalty, see § 10.99