(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)