(A) Purpose and intent. The purpose of the Planned Unit Development District (PUD) is to provide a comprehensive procedure intended to allow greater flexibility in the development of neighborhoods or non-residential areas than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the City Council to make in its legislative capacity. The intent of this section is to:
(1) Provide for the establishment of Planned Unit Development (PUD) zoning districts in appropriate settings and situations, to create or maintain a development pattern that complies with the city's comprehensive plan.
(2) Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this chapter.
(3) Provide for variations to the strict application of the land use regulations in this chapter in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's standards to offset the effect of any variations.
(4) 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.
(5) Preserve and enhance natural features and open spaces.
(6) Maintain or improve the efficiency of public streets and utilities.
(7) Ensure the establishment of appropriate transitions between differing land uses.
(8) Provide some additional, identifiable benefit to the city or future residents, users, or patrons of the PUD beyond what would be achieved by application of a standard plat under the city's regulations.
(B) Uses. All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in this chapter shall be treated as potentially allowable uses within a PUD District, provided they would be allowable on the site under the city's comprehensive plan.
(C) Setbacks, lot area, and building height. The various setback, lot area, and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in this section, providing there is no increase in density of more than 10%.
(D) Integrated design. 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.
(E) Pre-application sketch review. Prior to the filing of a PUD general plan application, the applicant may submit a sketch of the project to the Zoning Administrator. The sketch will be reviewed in accordance with § 153.193(C).
(F) General plan. A PUD general plan is a plan and supportive text depicting general land use, circulation, open space, utilities, etc. for parcels of land within a PUD.
(1) Application procedure: PUD zoning applications shall be processed according to the evaluation criteria and procedures outlined in § 153.191 of this chapter. The general plan shall be accompanied by a fee and a cash escrow as set forth in Chapter 34 of the City Code.
(2) Information requirement:
(a) The information required for all PUD general plan applications shall be as specified in § 153.192.
(b) The Zoning Administrator, Planning Commission, and/or City Council may excuse an applicant from submitting any specific item of information or document required by this section which it finds to be unnecessary to the consideration of the specific PUD being considered.
(3) Zoning enactment. A rezoning of a parcel of land to PUD 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 plan.
(G) Final plan. After approval of the general plan, the applicant may apply for final plan approval for all or a portion of the PUD. The final plan shall be accompanied by a fee as set forth in Chapter 34 of the City Code. The applicant shall submit the following material for review by and approval of the Zoning Administrator prior to issuance of any building permit(s).
(1) 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.
(2) Development plans in final form, based on the approved general plan, covering that portion of the PUD where building permits will be requested under the phasing plan.
(3) Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.
(4) All certificates, seals and signatures required for the dedication of land and recording of documents.
(5) Any other plans, agreements or specifications necessary for the Zoning Administrator to review the proposed final plan.
(6) Single-family developments and PUD districts approved for only one building shall be exempt from the requirement for a PUD final plan.
(H) Periodic PUD review. The City Council may require periodic review of a PUD as a condition to approval of a PUD General Plan in order to ensure compliance with the conditions of the PUD. At such time the City Council may, at its discretion, choose to take additional testimony on the PUD.
(I) Plan modification/amendment of a PUD.
(1) Amendment for existing single and two family PUDs. Amendments for existing single and 2-family PUDs shall follow the same review procedure as established for a variance, as set forth in § 153.188.
(2) Minor modifications to an approved PUD may be approved by the Zoning Administrator, upon recommendation of the City Engineer, City Planner and City Attorney. Minor modifications in this context shall mean internal adjustments to the site and building plans that do not change the approved plat or the uses, do not increase the density or intensity of uses, do not increase the height of buildings, do not decrease the amount of park or open space, or do not reduce the setbacks to adjacent properties.
(3) All other modifications to an approved PUD that do not qualify as minor as defined in division (I)(2) of this section, shall follow the procedure for PUD General Plan and Final Plan approval as outlined in § 153.055(F) and (G).
(J) General requirements.
(1) Records. The Zoning Administrator shall maintain a record of all PUD zones approved by the city, including all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the Zoning Administrator may deem appropriate.
(2) Withdrawal of an application. Any application under this section may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon.
(3) Platting of a PUD. In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures contained in the Stacy Subdivision Ordinance and the related requirements of Chisago County. The preliminary plat shall be processed in conjunction with the general plan as outlined in division (F) of this section. A separate action on the final plat shall be processed before the City Council prior to the approval of a Final Plan.
(4) Conveyance of property within a PUD. In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this chapter shall be construed as to make such conveyed property non-conforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the general plan for a project.
(5) Agreement/financial guarantee. Following the approval of the general plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of:
(a) A development contract;
(b) A Site Improvement Performance Agreement; and
(c) Another form of legally binding instrument as may be required by the city.
(6) A PUD final plan shall expire 1 year from the date of its approval, unless:
(a) The applicant commences the authorized use within that period; or
(b) The applicant applies for an extension before the expiration of the 1-year period. The request for extension shall state facts showing a good faith attempt to complete or commence the use permitted by the PUD final plan. A request for an extension not exceeding 1 additional year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than 1 additional year be requested by the applicant, it shall be presented to the City Council for a decision.
(Prior Code, § 903.10) (Am. Ord. 2015-3-2, passed 3-16-2015)