(1) Purpose. The purpose of this section is to provide a district that grants flexibility from certain zoning regulations in order to achieve public benefits that may not otherwise be obtained under standard zoning regulations. It is further intended that PUDs are to be characterized by central management, integrated planning and architecture, a higher level of urban amenities, preservation of natural open space, and more economical efficient use of land.
(2) The PUD, by allowing deviation from the strict provisions of this chapter related to setbacks, heights, lot area, width and depths, yards, etc., may be considered by the city when it would result in one or more of the following public benefits:
(a) Implementation of a master plan consistent with the Planning District objectives of the Comprehensive Plan.
(b) Innovations in development that address growing demands for all styles of economic expansion, greater variety in lot size, configuration, home type, design, enhanced architectural standards, and siting of structures through the conservation and more efficient use of land in such developments.
(c) Preservation and enhancement of desirable site characteristics such as wildlife habitat, unique natural resources, existing vegetation, natural topography, geologic features and reduction of negative impacts on the environment.
(d) Creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other.
(e) Efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments.
(f) Mix of land use types.
(g) Provision of a housing type or target housing price that is desirable to the city.
(h) Other public benefits and values as recognized in the city's Comprehensive Plan.
(3) All permitted uses, permitted accessory uses, conditional uses, and uses allowed by administrative permit in all zoning districts shall be potentially allowable uses within a PUD district, provided they would be allowable on the site under the city's Comprehensive Plan.
(4) The standards outlined in the following city code sections serve as development guidelines within PUDs:
Table 1
PUD Land Use | Development Standards |
PUD Land Use | Development Standards |
Low-Density Residential | R-1, § 1007.110 R-1X, § 1007.111 R-2, § 1007.112 |
Low-Density Mixed Residential | R-1, § 1007.110 R-2, § 1007.112 |
Medium-Density Residential | R-2, § 1007.112 R-3, § 1007.113 |
High-Density Residential | R-4, § 1007.114 R-6, § 1007.116 |
Planned Residential / Commercial | R-5, § 1007.115 |
Office Residential | R-2, § 1007.112 R-3, § 1007.113 NB, § 1007.130 LB, § 1007.131 GB, § 1007.132 |
Signature Gateway | R-3, § 1007.113 R-4, § 1007.114 NB, § 1007.130 GB, § 1007.132 |
Commercial | NB, § 1007.130 LB, § 1007.131 GB, § 1007.132 |
Town Center | R-4, § 1007.114 GB, § 1007.132 |
Business Campus | BC, § 1007.142 |
Industrial | LI, § 1007.140 GI, § 1007.141 |
(a) The lot and yard standards, impervious surface coverage, building requirements and height regulations of the closest conventional zoning district shall be used as the regulations, but may be departed from to accomplish the purposes described in division (2) above of this section.
(b) The standards outlined in the general provisions section of the zoning ordinance serve as guidelines, but may be departed from to accomplish the purposes described in § 1007.024(2).
(c) The aforementioned are guidelines only and not development standards.
(5) General requirements for a Planned Unit Development (PUD).
(a) Public or common open space at least sufficient to meet the minimum requirements established in this ordinance 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.
(b) If a PUD includes provision of affordable housing, a specific housing type, or target housing price, details associated with the housing - including number of units, unit size, and price - shall be documented in a legally binding agreement approved by the city and recorded against the properties within the PUD.
(c) If a PUD includes preservation of natural habitat, those habitats shall be permanently protected through a conservation easement or other legally binding agreement approved by the city and recorded against the properties within the PUD.
(d) A common or homeowner's association shall be established where appropriate to ensure on-going maintenance of infrastructure and public spaces, required restoration and management of natural areas, or other actions and activities specific to the PUD.
(e) A residential PUD may include a variety of residential dwelling units, including, but not limited to single family and multifamily units as long as it complies with the density requirements. A non-residential PUD may include a variety of commercial and/or industrial uses. A PUD may also include a mix of residential and non-residential uses.
(f) Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the city or granted through an easement. Management and maintenance of the public recreational areas shall be the responsibility of the city.
(g) Street, private.
1. Private streets within the project shall have an improved surface to 26 feet or more in width and shall be so designed as to permit the city emergency vehicles to provide protection to each building.
2. No portion of the required private street system shall be used in calculating required off-street parking space or be used for parking.
(h) As part of the PUD final plan/final plat approval, a development agreement and planned unit development agreement shall be prepared by the city. Prior to issuance of permits, the applicant, builder, or developer shall execute the agreement. The agreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning.
2023 S-11
(6) Urban Residential Planned Unit Development requirements.
(a) Urban residential PUDs shall be applied only to residential zoning districts served by municipal sanitary sewer and water.
(b) The maximum allowable density within an urban residential PUD shall be consistent with the density directives of the Comprehensive Plan.
(c) Open space performance standards.
1. A minimum of 50% of the gross townhome land area shall be reserved as common open space for townhomes.
2. Each open space lot or outlot shall be classified as natural habitat, neighborhood recreation, or trail corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification, as specified in § 1001.099 of the Lino Lakes Subdivision Ordinance.
3. Common open space shall provide a unified landscape for the use and enjoyment of the neighborhood community and/or the general public.
4. Open space shall be exclusive of unit lots and driveways.
5. Street rights-of-way, parking lots, and driveways shall be designed to maximize tree preservation, natural habitat, and wetland protection.
6. All open space shall be platted as lots or outlots held as open space in perpetuity. Outlots designated as public trail corridors shall be conveyed by fee title or by easement.
(d) Neighborhood performance standards.
1. To provide an identity and create a cohesive development pattern, residential units/buildings shall be oriented toward an identifiable feature which they have in common. Such identity may be accomplished by one or more of the following features:
a. The neighborhood lots may be arranged such that a majority of the principal structures take visual advantage of a field, wetland, woods, lake, stream, or other open space which could be described as a view shed.
b. The neighborhood lots may be arranged such that a majority of the principal structure will take visual advantage of a green, playground, ball field, rock outcropping, stand of trees, church, school, or other physical feature unique to that particular neighborhood.
c. The neighborhood lots may be arranged such that the principal structures face a street space enhanced with landscaping, street trees, landscaped medians, sidewalks, trails, or other landscaping techniques appropriate to the city's street design standards.
(e) Yards.
1. The front, rear and side yard restrictions at the periphery of the PUD site shall be the same as imposed in the respective base districts.
2. Buildings shall maintain a minimum separation of ten feet.
(7) Commercial or Industrial Planned Unit Development requirements.
(a) Commercial or Industrial PUDs shall be applied only to commercial or industrial zoning districts served by municipal sanitary sewer and water.
(b) Open space performance standards.
1. The PUD design shall result in greater landscaped pervious area than the base zoning district standard.
2. The PUD site design shall result in the protection of important natural features (e.g., wetlands, significant trees, water courses, slopes over 12%).
3. The PUD design shall include extensive landscaping with an emphasis on streetscape, site entrances, and the perimeter of the building.
(c) Commercial and industrial buildings shall comply with design standards of § 1007.043(2)(d). A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, and open spaces.
(8) Mixed Residential, Commercial and/or Industrial Planned Unit Development requirements. PUD's including a mix of residential, commercial, and/or industrial uses shall follow the applicable provisions of divisions (6) and (7) above.
(9) Procedure for processing a planned unit development.
(a) Prior to submitting a PUD application, the applicant shall meet with the Community Development Department to generally describe the proposed PUD. The primary purpose of the conference is to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data.
(b) PUD concept plan application.
1. The PUD concept plan provides an opportunity for the applicant to submit an application and plan to the city showing the basic intent and the general nature of the entire development before incurring substantial cost. The evaluation of the concept plan shall include but not be limited to the following criteria:
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. A staging and time schedule of development.
f. Other special criteria for development.
2. PUD concept plan submission information.
a. Information for concept plan as specified in § 1001.026.
b. An aerial photograph at a scale of at least one inch equals 100 feet, depicting the proposed development of the subject property and all land within 500 feet and showing the precise location of existing streets.
c. Schematic drawing of the proposed PUD including, but not limited to, the general location of major street and pedestrian ways, public and common open space, residential and other land uses.
d. An estimate of the total number of dwelling and/or other units and a tabulation of the following land uses expressed in acres and as a percent of the total project area:
i. Area devoted to residential and non-residential uses.
ii. Area devoted to residential use by building or structure or use type.
iii. Area devoted to common open space.
iv. Area devoted to public open space.
v. Area devoted to streets.
vi. Area, and potential floor area, devoted to commercial uses.
vii. Area, and potential floor area, devoted to industrial or office uses.
e. If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD.
f. If the 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.
3. The Community Development Department shall forward the PUD Concept Plan submission to the city’s advisory boards and City Council for their informal review and comment on the project's consistency with the City's Comprehensive Plan and development regulations at regularly scheduled meetings. The Planning and Zoning Board shall recommend to the City Council whether the applicant shall hold a neighborhood meeting prior to submission of a PUD Preliminary Plan. The City Council shall make the final determination if a neighborhood meeting is required.
(c) PUD preliminary plan application.
1. The purpose of the PUD preliminary plan is to provide a master plan of the entire development upon which the Planning and Zoning Board will base its recommendation to the City Council. The PUD Preliminary Plan serves as a complete and permanent public record of the entire PUD and the manner in which it is to be developed.
2. Following review of the PUD concept plan, the applicant shall file with the Community Development Department a PUD preliminary plan, rezoning and preliminary plat applications. The PUD preliminary plan shall refine the PUD concept plan.
3. The Community Development Department shall forward the PUD preliminary plan submission to the city’s advisory boards and City Council for their consideration at regularly scheduled meetings where the related rezoning and preliminary plat applications are being considered.
4. The evaluation of the proposed PUD preliminary plan shall include but not be limited to the following criteria:
a. 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.
b. A sufficient amount of useable open space is provided.
c. The architectural design of the project is compatible with the surrounding area.
d. The development is in compliance with the requirements of the Lino Lakes City Code except where modified by the PUD.
5. The PUD Preliminary Plan submission shall include but not be limited to:
a. Summary from the neighborhood meeting if a meeting was required by the City Council.
b. Information for site and building review as specified in § 1007.020 of this chapter.
c. Information for preliminary plat as specified in § 1001.041 of this title.
d. Location, designation and total area of all common open space.
e. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.
f. A tabulation of all land uses expressed in square footage and as a percent of the total project area.
g. Identification of existing natural resource areas and the proposed method for protection and restoration of these areas.
h. A written statement generally describing the proposed PUD, the market which it is intended to serve, its relationship to the city's Comprehensive Plan and how it is to be designed, arranged and operated.
i. Where deemed necessary, a market feasibility study including an analysis of the proposals economic impact on the city.
j. A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data.
k. Such other information, either required as part of the concept plan review or as the Planning and Zoning Board, Community Development Department or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.
6. Zoning enactment. A rezoning of a parcel of land to PUD shall not become effective until such time as specified in § 1007.015 (h).
7. A complete application for PUD Final Plan shall be submitted no later than one year after the date of approval of the PUD preliminary plan, or a time as provided in the developer's agreement. Otherwise, the PUD preliminary plan approval shall be considered void, unless an extension, requested in writing and for good cause, is granted by the City Council. The City Council may approve such an extension after the deadline date passes.
(d) PUD final plan application.
1. The PUD final plan is to serve as a complete, and permanent public record of a specific stage or phase of the PUD preliminary plan and the manner in which that stage 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.
2. Upon approval of the PUD preliminary plan and within the time established, the applicant shall file with the Community Development Department an application and PUD final plan consisting of the information and submissions required by this Code for the entire PUD or for one or more stages. The PUD final plan shall conform to the PUD preliminary plan in all respects, and shall be integrated as a coherent statement of the entire plan. Appropriate cross-referencing and incorporation of recorded documents may be utilized.
3. After review of a PUD concept plan and approval of a PUD preliminary plan, the applicant will submit the following material for review by the city staff prior to issuance of a building permit:
a. A revised PUD preliminary plan and preliminary plat of the entire PUD incorporating all changes and conditions that were required. This revised preliminary plat will provide the historical record of the subdivision approval by which subsequent final plats shall be considered.
b. Information for final plat as specified in 1001.056 of this code.
c. Final architectural elevations, in color, of all principal and accessory buildings and structures (type, color, and materials used in all exterior surfaces). Typical floor plan and typical room plan drawn to scale with a summary of square footage by use or activity.
d. Final engineering plans and specifications for streets, drainage, utilities and other public improvements
e. Any other plans, agreements, or specifications necessary for the city staff to review the proposed construction.
4. The Community Development Department shall forward the PUD final plan and final plat submission to the City Council for their consideration at a regularly scheduled meeting.
5. The terms of the PUD as approved by the City Council shall be embodied in a development agreement and planned unit development agreement, and such other documents as the city shall deem necessary or desirable. The development and PUD agreement and any appropriate resolution of the City Council shall be recorded with Anoka County at the expense of the applicant. At the election of the City, filing of the PUD preliminary plan may be delayed until the PUD final plan is filed. Where the PUD preliminary plan is denied, Council action shall be by written resolution setting forth its findings and conclusions in support of its action.
a. Within one year after the approval of a PUD final plan, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall automatically render void, all approvals of the PUD plan unless an extension, requested in writing, is granted by the City Council. The City Council may approve such an extension after the deadline date passes. In such case the area encompassed within the PUD shall thereafter be subject to those provisions of the Zoning Code, and other code provisions, applicable in the district in which it is located.
(e) Plan modification/amendment of a Planned Unit Development.
1. Plan modifications/amendments qualifying as minor may be approved by the Community Development Director provided the changes do not involve the following:
a. Increase in floor area of structure or number of dwelling units.
b. Change in exterior building material.
c. Alteration of any condition attached or modification to the PUD final plan made by the City Council.
2. Modifications not qualifying as minor shall be considered a substantial departure. Substantial departures from the approved plans will require an amendment to the PUD and shall follow the same review procedure as a PUD preliminary plan.