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PLANNED UNIT DEVELOPMENTS
(A) Purpose and intent. It is the purpose of this subchapter to provide for the grouping of lots and/or buildings within a development as an integrated, coordinated unit which allows for greater development flexibility through the removal of the detailed restrictions of conventional zoning. This subchapter allows for greater freedom, imagination and flexibility in site design and layout as well as promotes the preservation of natural features, the conservation and efficient use of land, and the creation of additional open spaces than is possible under the more restrictive application of the zoning code. The diversification and variation in the relationship of uses, structures, open spaces, natural features and public amenities in the development is conceived and implemented as a comprehensive and cohesive unified project. Developments utilizing the regulations, as set forth in this subchapter, shall be in substantial compliance with the basic intent of the zoning code and shall meet the policies and goals outlined in the comprehensive plan. Planned Unit Developments are recognized as serving the public interest, through the provision of specific features or characteristics within the development. Through proper planning and design, each Planned Unit Development should include features which are in compliance with the following objectives:
(1) To promote a development pattern that is in harmony with the intent, policies and goals as outlined within the comprehensive plan.
(2) To encourage innovation and diversification within residential developments that meet the growing demands for different housing options at all economic levels.
(3) To provide higher quality standards of site and building design within developments which are architecturally and environmentally innovative and to achieve better utilization of land than is possible through the strict application of zoning and subdivision regulations.
(4) To conserve the natural amenities of the land through the preservation and enhancement of site characteristics such as natural topography, woodland areas, scenic views, steep slopes, wetlands, creeks, lakes, natural habitats, geological features and to prevent soil erosion.
(5) To permit the mixing of land uses within the development that may not otherwise be accomplished through the rules and regulations of the zoning code.
(6) To preserve and enhance open spaces, which provide scenic enjoyment, active and passive recreational uses, natural habitat protection and community identity.
(7) To reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional subdivision regulations.
(8) To 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.
(9) To encourage development that will utilize energy and environmental designs that will promote water efficiency, energy efficiency, air quality, construction waste management and resource reuse, sustainable building and site design and construction, and innovative green building principles.
(B) Benefit. The proposed Planned Unit Development shall accomplish a majority of the purposes and shall meet the design criteria as set forth within this subchapter. Any proposed Planned Unit Development shall not be simply for the enhanced economic gain of the applicant and it shall be the applicant’s responsibility to demonstrate compliance with this requirement. Written documentation addressing this matter shall be made part of the Planned Unit Development application.
(C) Areas covered.
(1) The Planned Unit Development District may be applied within any zone.
(2) Any or all contiguous land owned by the applicant shall be included in a Planned Unit Development when necessary to meet the purpose of this district.
(Ord. 395, passed 7-6-2010)
(A) Comprehensive plan consistency. The proposed Planned Unit Development shall be consistent with the policies and goals of the comprehensive plan and the comprehensive plan land use map.
(B) Zoning district regulations.
(1) A single use Planned Unit Development is a development consisting solely of one (1) of the following use categories: residential, commercial or industrial. Uses allowed in a single use Planned Unit Development shall be limited to the permitted, conditional and accessory uses allowed in the underlying zone.
(2) A mixed-use Planned Unit Development is a development consisting of any combination of residential, commercial or industrial uses. Uses allowed in a mixed use Planned Unit Development may consist of uses consistent with those uses allowed as permitted, conditional or accessory uses in the underlying district and/or a similar use zoning district. The City Council may place more restrictive conditions on the mixture of uses within a Planned Unit Development to ensure preservation of the public health, safety and welfare; compliance with the intent of this subchapter; and, that land uses occurring within the Planned Unit Development, and between the Planned Unit Development and the surrounding land uses, do not conflict.
(3) The Planned Unit Development District is a floating zone designated within the zoning code and not pre-designated on the zoning map. It shall only be designated on the zoning map at such time as the City Council reviews and approves the final development plan for the Planned Unit Development and an ordinance rezoning the property to Planned Unit Development. At such time, the Planned Unit Development District is considered an amendment to the zoning map.
(Ord. 395, passed 7-6-2010)
(A) Except as otherwise provided in this section, applicable underlying zoning district requirements, other than land use restrictions described in § 150.271 above, are superseded by the approval of a final development plan for Planned Unit Development by the City Council. The final development plan establishes the requirements for Planned Unit Developments and shall govern and take precedence over underlying zoning district provisions except where the final development plan is silent as to a specific provision.
(B) Minimum lot requirements.
(1) Area, setback and height requirements that apply to the underlying zoning district shall be considered guidelines and may be departed from in the approval of the Planned Unit Development, except that building setbacks from all property lines which form the perimeter of the Planned Unit Development shall be a minimum of twenty (20) feet.
(2) No building/structure shall be located less than twenty (20) feet from the back of curb along local streets; no less than thirty (30) feet along collector streets; and, no less than fifty (50) feet along major thoroughfares.
(C) All Planned Unit Developments shall contain a minimum of five (5) acres of contiguous land, unless the city finds that a tract which contains less than five (5) acres of land is suitable as a Planned Unit Development by virtue of unusual condition(s). If the proposed development contains less than five (5) acres, the applicant must demonstrate the existence of one (1) or more of the following:
(1) Environmental features exist on the site which will be preserved through the Planned Unit Development process.
(2) The subject site is adjacent to an existing Planned Unit Development and the Planned Unit Development process will provide additional compatibility between the Planned Unit Developments.
(3) The property is located in a transitional area between two (2) different land uses or on a collector or major thoroughfare as identified in the comprehensive plan, thus justifying the need for varying types of uses.
(D) The net density of a Planned Unit Development shall correspond to the density regulations of the underlying zoning district as designated on the official zoning map. The City Council may consider a density transfer if the applicant is able to demonstrate such a need. A density transfer may be considered by the City Council in order to encourage the protection of natural resources; to enhance tree preservation; to allow limited development in an area with unusual building characteristics due to subsoil characteristics; or, to encourage creative land use. A density transfer may also be considered whereby lot sizes smaller than those normally required in the underlying district will be permitted on the developable land in return for leaving the natural resource areas open from development.
(E) In addition to public sites and open space dedication requirements as provided within Chapter 153 (Subdivision Regulations), a Planned Unit Development shall provide at least fifteen percent (15%) of the project area as open space. Open space is a landscaped area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the Planned Unit Development. Open space shall be calculated on a net basis which excludes private yards, public rights-of-way, private streets from back of curb to back of curb or any areas within an easement. Dedicated public sites and open space shall not be used in calculating open space for a Planned Unit Development. The applicant shall be required to submit an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area.
(F) All Planned Unit Developments shall have municipal sewer and water service available.
(G) No design standards shall be modified in any way which violates or compromises the fire and safety codes of the city.
(H) Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the Planned Unit Development. The plans required under this section shall be submitted in addition to or in a form which will satisfy the requirements of the subdivision regulations for preliminary and final plat approvals.
(Ord. 395, passed 7-6-2010)
(A) Pre-application conference. Prior to filing an application for a Planned Unit Development, the applicant of the proposed development shall arrange a conference with city staff. The primary purpose of the pre-application conference shall be to provide the applicant with an opportunity to gather information and obtain guidance from the city as to the general suitability of the proposed Planned Unit Development prior to incurring substantial expenses in the preparation of plans, surveys, formal review and other necessary data.
(B) Concept plan review.
(1) Purpose. In order to receive more formal guidance in the design and layout of a proposed Planned Unit Development, prior to the submission of a formal application, an applicant shall submit a concept plan for review and comment by the Planning Commission and City Council. Such concept plan shall show the basic intent and the general nature of the entire development.
(2) Application. In order for the review to be most beneficial to the applicant, the concept plan shall contain such specific information as requested by the city, to include:
(a) Application for concept plan review accompanied by application fee.
(b) A cover letter describing the project, any anticipated variations and how the project complies with the city's comprehensive plan.
(c) A sketch of the project area, including size of the development; proposed land uses and their approximate location within the development; surrounding land uses; existing and proposed public right-of-way; and unique, problematic or desirable features of the site.
(d) Ownership of the property and identity of the developer.
(e) A general description of how adverse impacts on other property will be mitigated.
(f) Any other information that the Zoning Administrator determines will be helpful in reviewing the proposed development.
(3) Review process. The Planning Commission shall review the concept plan, informally, and make recommendations to be forwarded to the City Council. The City Council shall advise the applicant of any changes, modifications or issues that should be addressed prior to the filing of the general development plan. Such review does not constitute preliminary approval of the Planned Unit Development as all comments and decisions are non-binding.
(C) General development plan.
(1) Purpose. The purpose of the general development plan is to provide a specific and particular plan upon which the Planning Commission shall make its recommendation and the City Council shall base its decision for approval or denial.
(2) Application. Within six (6) months of the City Council’s review of the concept plan, or an extension deadline as approved by the City Council, the petitioner(s) shall file an application for the general development plan. The general development plan shall be in substantial conformance to the approved concept plan. The application shall be processed similar to that of a preliminary plat.
(3) Plan submittal. General development plan submittals shall include the following:
(a) Application for general development plan accompanied by application fee and deposit.
(b) Any requests with appropriate applications for implementation of the proposed Planned Unit Development (i.e., rezoning) and respective application fees.
(c) A survey of the site prepared by a registered surveyor showing site size, property boundaries and legal description.
(d) Proof of ownership or authorization. The applicant shall supply proof of title for the property subject of the application, such as a title commitment or other documentation deemed acceptable by the city and, as applicable, supply documented authorization from the owner(s) of the property in question to proceed with the requested application.
(e) Plans and written narrative describing the following:
1. Buildings. The location, size, use and arrangement of all buildings within the development; to include height in stories or feet and total square feet of ground area coverage and floor area. Existing buildings which will remain on-site shall also be shown.
2. Architectural plans. Preliminary architectural plans indicating use, floor plans, elevations and exterior wall finishes of proposed buildings.
3. Natural resource analysis. Identify existing vegetation areas consisting of forest and wood lots as well as wetlands and wetland vegetation; the geology, slope, soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage swales, runoff setting areas and floodplains must be identified; and, analysis of the relationship of the proposed use of the existing natural conditions as listed above.
4. Areas of use. A tabulation calculating the approximate gross square footage of commercial and/or industrial floor space, if such uses are provided.
5. Traffic circulation. Location, dimensions and number of driveway entrances, curb cuts, parking stalls, loading spaces and access drives. All other circulation elements, such as bike and pedestrian ways; and the total site coverage of these elements shall be included.
6. Public and private open space plan. Location, designation and total area proposed to be conveyed or dedicated for public or private (those areas only available to residents within the Planned Unit Development) open space, including parks, playgrounds, school sites or recreational facilities. The plan shall include any proposed improvements and/or design of the open space areas.
7. Landscaping plan. A detailed landscaping plan including the type, size and quality of all existing and proposed plantings.
8. Phasing plan. A plan indicating the timing and phasing of the development by geographic area.
9. Any additional information as requested by city staff, the Planning Commission or the City Council as necessary to conduct a full review of the proposed Planned Unit Development.
(4) Review process.
(a) Review and action by city staff. Upon receipt of the completed application for a general development plan, city staff shall refer such information to other appropriate city staff members and official bodies for review and recommendation.
(b) Public hearing. The Planning Commission shall hold a public hearing on the Planned Unit Development general development plan. Property owners within three hundred fifty (350) feet shall be notified, although failure of any property owner to receive notice shall not invalidate the proceedings. The Planning Commission shall make findings and recommendation to the City Council.
(c) City Council action. The City Council shall review the Planning Commission’s report and recommendation and grant approval, resubmit the plan to the Planning Commission for further consideration of specified items or deny the general development plan. The City Council may impose such conditions as part of the approval of a general development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this section.
(d) Additional expenses. In addition to the aforementioned application fee and deposit, the applicant shall pay all expenses incurred by the City Engineer and City Attorney for their services in the review of the Planned Unit Development. City staff will attempt to provide the applicant with estimates of such expenses.
(e) Expiration of general development plan.
1. The petitioner shall submit, within one (1) year from the date of City Council approval, a final development plan. In any case where the applicant fails to file a final development plan, to proceed with development in accordance with the provisions of this subchapter and the approved general development plan, such approval shall be considered null and void.
2. Upon application by the petitioner, the City Council at its discretion may extend, for not more than one (1) year, the filing deadline for any final development plan, when for good cause shown such an extension is necessary. In any case where the general development plan approval expires, the City Council may adopt a resolution repealing the general development plan approval. Any portion of the general development plan that has not received final development plan approval will revert back to the previous zoning designation.
(f) Zoning enactment. A rezoning of a parcel of land to Planned Unit Development 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 general development plan.
(g) Platting of a Planned Unit Development. In the event that a Planned Unit Development is to be subdivided into lots or parcels for the purpose of separate ownership, such Planned Unit Development shall be platted under the platting procedures of the city's subdivision ordinance and the related requirements of the city. The preliminary plat shall be processed in conjunction with the development stage plan as outlined in subsection (C) of this chapter. A separate action on the final plat shall be processed before the City Council prior to or in conjunction with the final stage of the Planned Unit Development.
(D) Final development plan.
(1) Purpose. The final development plan shall serve as a complete, thorough and permanent public record of the planned unit development and manner in which it is to be developed. The final development plan shall serve in conjunction with other provisions of the city code as the land use regulation applicable to the Planned Unit Development.
(2) Application. Within one (1) year of general development plan approval, or an extension deadline as approved by the City Council, the petitioner(s) shall file an application for the final development plan for all or a portion of the Planned Unit Development. The final development plan shall be reviewed for consistency with the general development plan. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the Planned Unit Development process. The final development plan is intended only to add detail to, and to put in final form, the information contained in the general development plan. The application shall be processed similar to that of a final plat.
(3) Plan submittal. Final development plan submittals shall include but not be limited to the following:
(a) Application for final development plan accompanied by application fee.
(b) Current abstract of title or a registered property certificate along with any unrecorded documents and an opinion of title prepared by the applicant’s attorney.
(c) Final plat drawings for recording.
(d) Final site, landscaping and natural resource evaluation plans.
(e) Final lighting, signage and parking plans.
(f) All certificates, seals and signatures required for the dedication of land and recordation of documents.
(g) Staging plan, if the Planned Unit Development is to be developed in multiple phases. Such plan shall include a phasing plan indicating the time frame for construction of the various elements within the entire development.
(h) Any other plans, agreements or specifications as deemed necessary by city staff to review the proposed final development plan.
(i) If a plat is required as part of the plan, a final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a development agreement for the installation of such improvements and financial guarantees for the completion of such improvements in accordance with the requirements of the city’s subdivision ordinance.
(4) Review process.
(a) Review and action by city staff. Upon receipt of the completed application for a final development plan, city staff shall refer such information to other appropriate city staff members and official bodies for review and recommendation.
(b) City Council action. The City Council shall review the final development plan submittal and grant approval, resubmit the plans to the Planning Commission for further consideration of specified items or deny the final development plan in accordance with the requirements of M.S. § 15.99.
1. Denial of the final development plan for a Planned Unit Development shall be accompanied by written findings of fact by the City Council, to include any supporting data set forth that shows the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards, purposes and intents of this article and the comprehensive plan.
2. If an application for final development plan for a Planned Unit Development has been considered and denied by the City Council, a similar application for a Planned Unit Development affecting the same property shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of the final development plan denial.
3. If the application for final development plan for a Planned Unit Development is approved by the City Council, the terms of the Planned Unit Development shall be embodied in a Planned Unit Development agreement and such other documentation as the city shall deem necessary and desirable. The City Council may impose such conditions as part of the approval of a final development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this section.
(c) Additional expenses. In addition to the aforementioned application fee, the applicant shall pay all expenses incurred by the City Engineer and City Attorney for their services in the review of the Planned Unit Development. City staff will attempt to provide the applicant with estimates of such expenses.
(d) Recording the final development plan.
1. Upon approval of the final development plan by the City Council, the City Clerk shall record the final development plan, development agreement and all other pertinent documents with the County Register of Deeds or Register of Titles within ninety (90) days after the date of approval. Fees associated with the recording of the final development plan will be charged back to the applicant.
2. Failure of the applicant to comply and submit the necessary items for the recording of the final development plan by the city shall be cause for revoking the city's approval and the final development plan shall be considered null and void, unless the applicant requests an extension in writing and receives approval from the City Council.
(e) Expiration of final development plan. Within one (1) year after the approval of the final development plan for Planned Unit Development, or such shorter/longer 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 automatically render void the Planned Unit Development, unless an extension has been granted by the City Council. In such case, the City Council shall adopt a resolution repealing the Planned Unit Development and the Planned Unit Development approvals, thus re-establishing the original zoning classification and all other provisions applicable to the site.
(f) Extension requests. The City Council may approve up to two (2) extensions for a term not to exceed one (1) additional year for each extension.
(g) Building and other permits. Except as otherwise expressly provided within the ordinance, upon receiving notice from the city that the approved final development plan for Planned Unit Development has been recorded and upon application of the applicant pursuant to the applicable ordinance of the city, the Building Official and other appropriate city officials may issue permits to the applicant for development, construction and any other work to be completed within the development.
(h) Evaluation of the Planned Unit Development. Following the approval of the final development plan for Planned Unit Development, the Zoning Administrator shall review all permits issued and construction undertaken and compare the actual development with the approved final development plan. If the Zoning Administrator finds that the development is not proceeding in accordance with approved plans, he or she shall immediately notify the City Council. Within thirty (30) days of such notice, the City Council shall either by ordinance revoke the Planned Unit Development approval, and the land shall be governed by the regulations applicable in the zoning district in which it is located; or shall take such steps as necessary to compel compliance with the final development plan as approved; or shall require the landowner or applicant to seek an amendment to the final development plan.
(E) Changes in the Planned Unit Development. The Planned Unit Development shall be developed according to the approved and recorded final development plan and all supporting data. The recorded final plat and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns. If a change is proposed for any aspect of an approved Planned Unit Development, such change requests shall be submitted to the Zoning Administrator for review. The Zoning Administrator shall determine if the change is minor or major.
(1) Minor changes. The City Council may approve minor changes without a public hearing provided that the final development plan Remains consistent with the spirit and intent of the general development plan or a previously approved final development plan. The modification shall not:
(a) Change the general character of the Planned Unit Development;
(b) Cause substantial relocation of principal or accessory structures;
(c) Cause a substantial relocation or reduction of parking, loading or recreation areas;
(d) Cause a substantial relocation of traffic facilities and circulation systems;
(e) Increase the impervious surface coverage of buildings and parking areas;
(f) Increase the gross floor area of buildings, the number of dwelling units or the net density of the site; or
(g) Reduce the amount of approved open space, landscaping, screening or natural resource amenities to be located within the development.
(2) Major changes. If the requested change is determined by the Zoning Administrator to be major or substantial or would represent a significant departure from the general development plan or previously approved final development plan, it shall result in the formal abandonment and the subsequent refilling of a new application for Planned Unit Development.
(Ord. 395, passed 7-6-2010)
PRIVATE SWIMMING POOLS
(A) Private swimming pools are regulated by this chapter and are defined as follows: Any below ground enclosure, designed or intended or used for the containment of water, having both a depth exceeding twenty four (24) inches and a capacity exceeding five thousand (5,000) gallons which is designed, intended or used for swimming, wading or other recreational use by the owner or tenant of the property upon which the pool is constructed or by their family or invited guests.
(B) It is not the purpose or intent of this chapter to regulate above ground swimming pools, temporary swimming pools (which includes but is not limited to plastic or inflatable “kiddie” pools) or private spas (which includes but is not limited to hot tubs, whirlpools, hydrotherapy pools and therapeutic pools).
(Ord. 395, passed 7-6-2010)
(A) No swimming pool, as defined by § 150.290(A), shall be constructed or established and no such pool construction shall be commenced without first obtaining a building permit.
(B) The building permit application shall include the following information:
(1) Complete plans and specifications for the construction of the pool;
(2) A site plan showing the location of all structures on the property, including the house, garage, fences, trees, overhead or underground wiring, utility easements, sewage systems and other significant improvements or natural features;
(3) The proposed location of pumps, filters, electrical power source (if applicable), flushing and drainage outlets and other operational features;
(4) The location and specifications of protective fencing.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
Private swimming pools shall be constructed so as to avoid hazard or damage to the occupants of the subject property or the occupants of adjacent property and shall meet the following minimum requirements:
(A) Underground or overhead utilities shall be located in conformance with the National Electrical Code.
(B) No pool shall be located within any private easement, public or private utility easement, drainage way, marsh or other location in which it will represent a threat to the natural environment.
(C) In areas zoned or used for residential purposes, pools as defined by § 150.290(A) are prohibited in the front yard and shall not be located within thirty (30) feet of any property line, nor within ten (10) feet of any principal structure or accessory buildings except accessory buildings without frost footings. No mechanical equipment shall be located closer than thirty (30) feet to any property line.
(D) No portion of any swimming pool or appurtenances thereto shall be located less than ten (10) feet to any portion of a sewage disposal line or sewage treatment system, nor shall any water supply line for a swimming pool be less than fifteen (15) feet to any portion of the sewage treatment system.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
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