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Burnsville City Zoning Code

CHAPTER 10

27 PLANNED UNIT DEVELOPMENT PUD

10-27-1: Authorization

PUD authorization may allow:

  1. Variety: Within a comprehensive site design concept a mixture of land uses, housing types and densities.
  2. Sensitivity: Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with traditional zoning, planned unit development can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics.
  3. Efficiency: The consolidation of areas for recreation and reductions in street lengths and other utility related expenses.
  4. Density Transfer: The project density may be clustered, basing density on number of units per acre versus specific lot dimensions.
  5. District Integration: The combination of uses which are allowed in separate zoning districts, such as:
    1. Mixed residential allows both densities and unit types to be varied within the project.
    2. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects, regulation provides increased density on the property if a PUD is utilized.
    3. Mixed land uses with the integration of compatible land uses within the project. (Ord. 1196, 4-6-2010)

10-27-2: Allowed Uses

Uses within the PUD may include only those uses generally considered associated with the general land use category shown for the area on the official comprehensive plan. Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development stage PUD. The development stage PUD shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the plan. Any change in list of uses presented in the development stage PUD will be considered an amendment to the PUD and will follow the procedures specified in section 10-5-6 of this title. (Ord. 1196, 4-6-2010)

10-27-3: Required Standards

The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive plan to achieve a maximum coordination between the proposed development and the surrounding uses, the conservation of woodland, the use of pervious paving/paver systems to increase infiltration and reduce stormwater runoff and the protection of health, safety and welfare of the community and residents of the PUD. To these ends, the city council shall consider the location of the buildings, compatibility, installation of fiber optics to the premises, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas including plant diversity of no more than twenty five percent (25%) of any single variety of plantings; the adequacy, location and screening of parking areas; and such other matters as the council may find to have a material bearing upon the stated standards and objectives of the comprehensive plan. (Ord. 1196, 4-6-2010)

10-27-4: Coordination With Subdivision Regulations

Subdivision review pursuant to title 11 of this code may be carried out simultaneously with the review of the development stage PUD. A plat shall be submitted if required by title 11 of this code, or if required as a condition of concept stage PUD approval, or as otherwise directed by the City Council. The plans required under this chapter shall be submitted in a form which will satisfy the requirements of the Subdivision Ordinance for preliminary and final plat. (Ord. 1196, 4-6-2010)

10-27-5: Revisions And/Or Changes

  1. Minor Alterations Prior To Certificate Of Occupancy: Minor alterations to the location, placement and height of structures may be authorized by the Development Review Committee (DRC) if required by engineering or other circumstances not foreseen at the time the development stage PUD was approved.
  2. Public Hearing: With the exception of minor changes permitted in subsection (A) of this section, changes in uses, any rearrangement of lots, blocks and building tracts, changes in the provision of common open spaces, and all other changes to the approved development stage PUD may be made only after a public hearing is held pursuant to the requirements of section 10-5-6 of this title and the changes are approved by the City Council. All changes shall be recorded as amendments to the recorded development stage PUD. (Ord. 1467, 9-18-2018)
  3. Applicability: All of the provisions of this title applicable to the original underlying zoning district within which the PUD Zoning District is established shall apply to the PUD Zoning District except as otherwise provided in approval of the development stage PUD.
  4. Review: If substantial development has not occurred within a reasonable time after approval of the PUD Zoning District, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district. It shall not be necessary for the City Council to find that the rezoning was in error. (Ord. 1196, 4-6-2010)

10-27-6: Phasing And Guarantee Of Performance

  1. The Planning Commission shall compare the actual development accomplished in the various PUD Zones with the approved development schedule.
  2. Upon recommendation of the Planning Commission and for good cause shown by the property owner, the City Council may extend the limits of the development schedule.
  3. The construction and provision of all of the common open space and public and recreational facilities shown on the development stage PUD must proceed at the same rate as the construction of dwelling units, if any. The Planning Department shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, the Planning Department shall forward this information to the City Council for possible action. (Ord. 1196, 4-6-2010)

10-27-7: Control Of PUD Following Completion

  1. Approved Development Stage PUD: The use of the land and the construction, modification or alteration of any buildings or structures within the PUD shall be governed by the approved development stage PUD. (Ord. 1226, 1-18-2011)
  2. Minor Changes After Issuance Of Certificate Of Occupancy: No changes shall be made in the approved development stage PUD except upon application as provided below:
    1. Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the Development Review Committee (DRC) if they are consistent with the purposes and intent of the development stage PUD. No change authorized by this section may increase the footprint of any building or structure by more than thirty percent (30%).
    2. Changes to exteriors of buildings and building materials, construction of accessory trash enclosures and sheds, changes to signage, lighting, parking, landscaping and adding or altering sidewalk/trails are permitted to the extent there are no specific conditions in the approving PUD documents and any such changes are in compliance with this title. (Ord. 1467, 9-18-2018)
    3. Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the development stage PUD unless an amendment to the development stage PUD is approved under section 10-5-6 of this title. (Ord. 1226, 1-18-2011)
    4. Any other changes in the development stage PUD must be authorized by an amendment to the development stage PUD pursuant to the public hearing process outlined in section 10-5-6 of this title. (Ord. 1454, 4-17-2018)

10-27-8: Procedure For Processing A PUD

  1. Application Conference: Prior to filing an application for PUD, the applicant should contact the Planning Department to arrange for and attend a conference with the DRC. 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 for the area for which the PUD is contemplated and its conformity to the provisions of this title before incurring substantial expense in the preparation of plans, surveys and other data.
  2. Concept Stage PUD:
    1. Purpose: The concept stage PUD provides an opportunity for the applicant to submit a plan to the city showing his basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following:
      1. Overall maximum PUD density range.
      2. General location of major streets and pedestrianways.
      3. General location and extent of public and common open space.
      4. General location of residential and nonresidential land uses with approximate type and intensities of development.
      5. Staging and time schedule of development.
      6. Other special criteria for development.
    2. Schedule:
      1. The applicant should meet with a planner to discuss the proposed development.
      2. The applicant shall file the concept stage PUD application together with all supporting data.
      3. The application shall be processed pursuant to section 10-5-6 of this title.
      4. The city may request additional information from the applicant or retain expert testimony at the expense of the applicant concerning operational factors.
    3. Development Stage PUD: Following concept stage PUD approval, the applicant shall submit the development stage PUD application and may also submit preliminary and final plat. The application shall be processed in accordance with section 10-5-6 of this title. If appropriate due to the limited scale of the proposal, the concept stage PUD and development stage PUD may proceed simultaneously.
    4. Application: A development application and supporting materials shall be submitted to the planning department and as outlined for each stage of the PUD as follows:
      1. Concept Stage PUD:
        1. General Information:
          1. The landowner's name and address and interest in the subject property.
          2. The applicant's name and address if different from the landowner.
          3. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.
          4. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up to date certified abstract of title or registered property report, and such other evidence as the city may require to show the status of title or control of the subject property.
        2. Present Status:
          1. Address And Legal Description: The address and legal description of the property.
          2. Zoning Classification And Use Of Property: The existing zoning classification and present use of the subject property and all lands within one thousand feet (1,000') of the property.
          3. Map: A map depicting the existing development of the property and all land within one thousand feet (1,000') thereof and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within one hundred feet (100') of the property.
          4. Written Statement: A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the city's comprehensive plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.
          5. Site Conditions: Graphic reproductions of the existing site conditions at a scale of one inch equals one hundred feet (1" = 100'). All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.
            1. Contours; minimum two foot (2') intervals.
            2. Location, type and extent of tree cover.
            3. Slope analysis.
            4. Location and extent of water bodies, wetlands, and streams and floodplains within three hundred feet (300') of the property.
            5. Significant rock outcroppings.
            6. Existing drainage patterns.
            7. Vistas and significant views.
            8. Soil conditions as they affect development.
          6. Schematic Drawing: Schematic drawing of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses.
          7. Estimated Dwelling Units; Tabulation Of Land Use Allocation: A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:
            1. Area devoted to residential uses by building type.
            2. Area devoted to private common open space.
            3. Area devoted to public open space.
            4. Area devoted to streets.
            5. Area devoted to, and number of, off street parking and loading spaces and related access.
            6. Approximate area, and floor area, devoted to commercial, industrial and/or office uses.
          8. Construction Schedule: When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such state and overall chronology of development to be followed from stage to stage.
          9. Care And Maintenance Of Open Space And Service Facilities: When public or private common open space or service facilities are proposed, a statement describing how care and maintenance of such open space or service facilities shall be provided.
          10. Schematic Utility Plans: Schematic utility plans indicating placement of water, sanitary and storm sewers.
          11. Waivers: The city may waive a submittal requirement, specific item of information or document required in this stage which it finds to be unnecessary to the consideration of the specific proposal.
          12. Additional Information Or Documentation: The city may require the submittal of any additional information or documentation which it finds necessary or appropriate to conduct a complete review of the proposed PUD.
          13. Pervious Paving/Paver Systems: The city will consider the use of pervious paving/paver systems as a benefit to the PUD and encourages their use for parking lots, pedestrian walkways, overflow parking areas, within raised medians and islands, emergency vehicle lanes and other low traffic areas. The city may require the submittal of soils information for review by the city engineer to identify whether appropriate conditions exist for proper function of pervious paving/paver systems on site. A maintenance agreement shall be required to ensure ongoing maintenance and operation of all pervious paving/paver systems.
        3. Development Stage PUD: Development stage PUD submittals should depict and outline the proposed implementation of the concept stage PUD. Information from the concept stage PUD should be included for background and to provide a basis for the development stage PUD application. The development stage PUD submittals shall include, but not be limited to:
          1. A preliminary plat and supporting information as required by title 11 (subdivision regulations) of this code, or a condition of concept stage PUD approval or as otherwise directed by the city council.
          2. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including temporary sales offices, model homes, and existing buildings proposed to remain, if any.
          3. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements.
          4. Location, designation and total area of all common open space.
          5. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.
          6. Any other information that may have been required by the planning commission or city council in conjunction with the approval of the concept stage PUD.
          7. An accurate legal description of the entire area within the PUD for which final development plan approval is sought.
          8. A tabulation indicating the number of residential dwelling units and expected population.
          9. A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g., drugstore, dry cleaning, supermarket).
          10. Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings.
          11. A detailed site plan showing the physical layout, design and purpose of all streets, easements, rights of way, utility lines and facilities, lots, block, public and common open space, general landscaping plan, structure, including model homes, temporary sales offices, and all other uses.
          12. Any restrictive covenants that are to be recorded with respect to property in the proposed PUD.
          13. A stormwater pollution prevention plan pursuant to section 10-8-8 of this title.
          14. Final plat and all supporting documents, as required by title 11 of this code, or as required as a condition of concept stage PUD approval, or as otherwise required by the city council. (Ord. 1196, 4-6-2010)