(A) Purpose. The planned unit development (PUD) provisions are intended to encourage the following:
(1) More efficient use of land and public services; and
(2) Pleasantness or desirability of land by allowing, under certain circumstances, a more flexible means of land development and redevelopment than is otherwise permissible under the lot-by-lot restrictions of each use district. The uniqueness of a PUD may necessitate Council action modifying or waiving certain provisions of the zoning code and subdivision regulations. PUD is for use primarily in 2 situations:
(a) Vacant land. Areas of substantial open land where strict pre-regulation may limit good urban planning, may restrict the full achievement of the Comprehensive Plan, or may not meet those changes in technology and demand that would be consistent with the best interests of the entire city; and
(b) Built-up and aged areas. Areas of the city needing rehabilitation and redevelopment, including areas which may be deficient in public facilities and services, where private investment should be encouraged to contribute to that redevelopment; and in recognition that necessary redevelopment cannot be expected to take place in strict accordance with those uniform regulations appropriate to more viable and established areas of the city.
(B) Restrictions.
(1) A tract of land to be developed as a PUD shall be under the control of 1 of the following:
(a) A single owner; or
(b) A group of land owners, acting through a corporation, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the district and to record covenants, easements and other provisions with the County Registrar of Deeds.
(2) Each PUD shall be designated as 1 of the 4 following types according to the principle use by area permitted in the existing zoning district or districts in which the land proposed for the unit is located: Residential (PUD-R), Commercial (PUD-C), Industrial (PUD-I) or Institutional (PUD-INST).
(3) All PUDs shall be so designated and numbered in sequence on the zoning map.
(4) In open land areas, no residential or industrial PUD shall be less than 3 acres and no commercial or institutional PUD shall be less than 2 acres. In areas occupied by buildings or areas that are vacant or undeveloped but are surrounded to a major extent by land occupied by buildings, no PUD shall be less than 32,000 square feet.
(5) (a) A PUD may include a mixture of residential, commercial, industrial and institutional uses, or any combination. The extent of each use shall be determined by the type of PUD proposed and the procedures in division (C) below.
(b) Uses other than the principal use by area permitted in the existing zoning district or districts in which the proposed PUD land is located shall not result in undue adverse effect on surrounding areas, and shall be consistent with the intent of this section and the concept of the proposed PUD.
(C) Procedures.
(1) Pre-application. The applicant shall meet with a member of the Planning Department to discuss the procedures and requirements governing approval of PUDs. In some instances, a conference with the City Planning and Zoning Commission may be necessary.
(2) Preliminary plan; submission. The applicant shall submit to the Zoning Administrator an application for a zoning amendment with a fee as is set out in § 34.01. The application shall be accompanied by a preliminary plan showing the following:
(a) Locations and dimensions of the area;
(b) Exact sizes and location of existing and proposed buildings;
(c) Existing and proposed uses of structures and open areas;
(d) Exterior lighting plan;
(e) Landscaping plan;
(f) Grading plan;
(g) Utility plan;
(h) Construction schedule or timetable indicating the starting date and completion date;
(i) Off-street parking, including parking for the handicapped when required (roadways designated for parking shall be designated no parking);
(j) Exterior view of buildings;
(k) Table summarizing the area of land devoted to various uses including floor area, open space, living space, recreation space; type of construction for driveways and walkways;
(l) Playground equipment, mailboxes, air conditioning, trash receptacles and similar objects;
(m) Whether units will be rented or sold and how land will be transferred;
(n) When a plat will be submitted for approval;
(o) Protective covenants and homeowners association by-laws;
(p) Optional features, if any;
(q) Information relating to topography, accesses, surrounding land uses;
(r) Other matters, including documents showing ownership and a preliminary plat, if requested by the Zoning Administrator; and
(s) If the plan will be implemented in increments, a schedule showing the time within which application for approval of various parts will be filed shall also be attached.
(3) Preliminary plan waiver. Portions of the preliminary plan procedures may be waived at the Commission's discretion on the Zoning Administrator's recommendation when the plan, in whole or in part, is simple and does not warrant following all preliminary plan procedures.
(4) Preliminary plan review. Upon receiving the application and preliminary plan, the Zoning Administrator shall distribute the plan to other departments and agencies for review of compliance with applicable standards and regulations. The Zoning Administrator shall recommend to the Commission, approval of the proposal in the form submitted, approval with specifications or disapproval. The recommendations of the Zoning Administrator shall include findings of fact regarding, but not limited, to the following:
(a) The extent to which the plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, density, bulk and use, and the reasons why the departures are or are not deemed to be in the public interest;
(b) The manner in which the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment;
(c) The nature and extent of open space, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities proposed in the plan;
(d) The effect, beneficial or adverse, of the PUD upon the neighborhood in which it is proposed to be established;
(e) If a plan proposes development over a period of years, the terms and conditions proposed must be found to protect and maintain the plan's integrity (this finding shall be made only after consultation with the City Attorney);
(f) In areas occupied by buildings or areas that are vacant or undeveloped but are surrounded to a major extent by lands occupied by buildings, the suitability of the proposed structures in relation to existing structures which will remain and anticipated future development of the area; and
(g) Conformity with all applicable provisions of this chapter and the Comprehensive Plan.
(5) Public hearing; preliminary plan. Within 30 days after receiving the preliminary plan, the Commission shall hold a public hearing on the application after giving notice as provided in § 152.47(B). Following the public hearing, the Commission shall submit its recommendations to the Council. The Commission may recommend disapproval.
(6) Council action preliminary plan. The Council shall tentatively approve the plan, with or without modifications, or disapprove the plan.
(7) Final plan submission. Upon tentative approval of the preliminary plan, the applicant shall submit a final plan of that segment to be developed first.
(8) Final plan; Commission action.
(a) The final plan and, if required, final plat shall be submitted with written application for final plan and plat approval, at least 10 days before the Commission meeting at which consideration is requested.
(b) Approval or disapproval of the final plan and plat will be conveyed to the subdivider in writing 10 days after the Planning Commission meeting at which the plan and plat are considered.
(c) If the plan and plat are disapproved, the subdivider shall be notified of the reason for that action and the requirements for Commission approval.
(9) Final plat approval; Council action.
(a) After review and approval of the final plan and plat by the Planning Commission, the final plan and plat and the recommendations of the Planning Commission shall be submitted to the Council for approval.
(b) At least 1 public hearing shall be held on the plan and plat after notice of the time and place has been published once in the official newspaper at least 10 days before the day of the hearing.
(c) At the hearing, all persons interested in the plan and plat shall be heard and the Council may approve or disapprove the plan and plat. If the Council wishes to approve the plan and plat, the Council shall do so by resolution.
(d) The resolution shall provide for accepting all streets, alleys, easements or the public ways, and parks, or other open spaces dedicated to public purposes, subject to conditions or restrictions imposed by the Council, and the area of land involved shall be redesignated as a PUD by ordinance.
(e) If the plan and plat are disapproved, the basis of the disapproval shall be set forth in the Council proceedings and reported to the persons applying for approval.
(10) Effect of approval.
(a) The final approved plan and the conditions and restrictions imposed, if any, shall govern and control the use and development of the land involved, provided that general zoning regulations which applied to the land prior to approval of the plan and which are not inconsistent with the plan shall continue to apply.
(b) No building permit shall be issued for any structure within the district until the Zoning Administrator certifies the structure conforms to the provisions of the final approved plan and other applicable zoning requirements.
(D) Criteria and standards.
(1) Preparation of plans. The applicant is encouraged to have the necessary documents and supporting evidence prepared and endorsed by a qualified professional team consisting of the following:
(a) A planner qualified as a planner-in-charge by the Minnesota State Planning Agency;
(b) A registered architect;
(c) A registered land surveyor if the PUD requires the subdivision of land and the installation of public site subdivision of land and the installation of public site improvements, as required by state law, as it may be amended from time to time; and
(d) A registered civil engineer, if the PUD requires subdividing land and improvements.
(2) Land use; intensity of development. Dimensional requirements are as stated for the appropriate district in § 152.40, and as outlined below.
(a) Site coverage. Permitted maximum site coverage in the planned development zone shall not exceed the maximum permitted site coverage in § 152.40; however, site coverage may be calculated on the total land involved in the planned development.
(c) Lot area. The minimum lot area requirements in the planned development zone shall not exceed the minimum lot area requirements in § 152.40, except the average net area of all lots within a variable lot size development shall not be less than the minimum lot size for the zone within which the development is located.
(3) Plats. All PUDs shall be platted or replatted as required in the subdivision regulations.
(4) Occupancy of PUD.
(a) Occupancy and use of buildings and structures in a PUD may be permitted when the buildings and structures have been completed to the satisfaction of the Building Inspector and the access drives and parking areas are sufficiently completed to support emergency vehicles at all times and are kept in a dust-free condition.
(b) Final surfacing of streets, roadways, parking areas and landscaping may be deferred over winter months upon written agreement to and approval of the Zoning Administrator.
(E) Administration.
(1) Administrative standards and procedures. The Commission may adopt specific rules and regulations from time to time and place them on public record in the City Administrator's office.
(2) Annual review.
(a) The Zoning Administrator shall review each PUD at least once each year and shall make a report through the Commission to the Council on the development status in each PUD.
(b) If development is not progressing reasonably well and according to schedule, the owner shall submit a statement to the Zoning Administrator setting forth the reasons for the lack of progress.
(c) If the Council finds the development has not occurred according to the established development schedule or does not appear reasonable to the Council, the Council may initiate rezoning to remove the PUD. In any event, the Council need not find the rezoning to a PUD was in error.
(3) Changes.
(a) Changes in the final plat involving the location and alignment of structures not exceeding 10 feet in any direction and other minor revisions in the shape of structures may be authorized by the Zoning Administrator for good cause, provided the changes are within the maximum allowable floor area limits, are in harmony with the intent of the concept statement as to uses and densities of use, and the architectural style has been approved in writing by the PUD's homeowners association or other ownership body.
(b) All other changes shall be made only after public hearings by the Commission upon public notice at least once in the official newspaper 10 days before the day of the hearing, and any changes approved by the Council shall be by resolution as an amendment to the final plan.
(1987 Code, § 702.07)