Center City City Zoning Code

CHAPTER 217

PUD PLANNED UNIT DEVELOPMENTS

§ 217.01 PURPOSE.

The purpose of this chapter is:

(A) To encourage a more creative and efficient development of land and its improvements through the preservation of natural features and amenities than is possible under the more restrictive application of zoning requirements. This section may allow modifications such as non-standard lot sizes, private streets and driveways, reduced rights-of-way and street widths, housing types, zero lot lines, and building setbacks. These changes shall meet the standards and purposes of the Comprehensive Plan while preserving the health, safety, and welfare of the citizens of the city:

(B) To allow for the potential mixture of uses in an integrated and well planned area;

(C) To ensure concentration of open space into more usable areas, and a preservation of the natural resources of the site;

(D) To facilitate the economical provision of streets and public utilities; and

(E) To facilitate mixed use developments, and/or affordable housing, recreational uses, and institutional uses.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.02 GENERAL STANDARDS.

A planned unit development shall require approval of a conditional use permit according to Chapter 196 (Conditional Use Permits) of this title. The planned unit development conditional use permit shall apply to all specified zoning districts. The city may approve the planned unit development only if it finds that the development satisfies all of the following standards:

(A) Ownership. An application for a planned unit development, which is developed as a tract under single or unified ownership or control and which generally includes 2 or more principal buildings or uses but which may consist of 1 building containing a combination of principal and supportive uses, must be filed by the landowner or jointly by all landowners of the property included in the planned unit development. In the case of unified ownership or control, the approval of the planned unit development shall be binding on all owners. The financial commitments incurred through any portion of the planned unit development shall be the responsibility of all owners.

(B) Permitted uses. All permitted, permitted accessory, or conditional uses contained in the underlying zoning district shall be treated as permitted, permitted accessory, and conditional uses within planned unit development. Mixed use planned unit developments are permitted provided they meet the intent and purpose for which a planned unit development is permitted. Uses not otherwise allowed in the zoning district are prohibited within a planned development unless specific provisions are made and listed in the development plan or modified in the conditions of approval.

(D) The planned unit development is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation or creation of unique amenities such as natural streams, stream banks, wooded cover, rough terrain, manmade landforms or landscaping, and similar areas.

(E) The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site.

(F) The tract is at least 5 acres in size unless the applicant can show that a planned unit development of less acreage meets the standards and purposes of the comprehensive plan and preserves the health, safety, and welfare of the citizens of the city and that all of the following conditions exist:

(1) The proposal better adapts itself to the physical and aesthetic setting of the site and with the surrounding land uses than could be developed using strict standards and land uses allowed within the underlying zoning district;

(2) The proposal would benefit the area surrounding the project to greater degree than development allowed within the underlying zoning district(s);

(3) The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable higher quality of development than would otherwise occur in the underlying zoning district; and

(4) The proposal would ensure the concentration of open space into more workable or usable areas and would preserve the natural resources of the site than would otherwise occur in the underlying zoning district.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.03 EFFECT ON EXISTING ZONING; INTERPRETATION.

The granting of a planned unit development permit does not alter in any manner the existing zoning district classification except that building permits shall not be issued, which are not in conformity pursuant to an approved planned unit development permit unless it is amended, cancelled, or modified. Whenever a question arises concerning the interpretation of this chapter, it shall be the duty of the Planning Commission to ascertain all facts concerning the question and forward all data and a recommendation to the City Council for a determination.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.04 PERMITTED USES.

Permitted uses are:

(A) Dwelling units in detached, clustered, semi-detached, or attached multi-storied structures or combinations thereof;

(B) Commercial and industrial uses; and

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.05 DENSITY.

In any planned unit development the maximum number of dwelling units allowed shall not exceed those of the land use districts in the comprehensive plan.

(A) Density increases consistent with the comprehensive plan may be allowed if it can be demonstrated to meet objectives of affordable housing or increased open space identified in the comprehensive plan.

(B) Optional waiver of maximum residential density requirements. To assist in providing low and moderately priced housing or to provide increased land for open space corridors, park trails, or natural resource preservation, certain zoning and subdivision ordinance standards may be modified when a planned unit development is submitted for approval. Land upon which the applicant agrees to build increased residential densities, consistent with the comprehensive plan and/or retain as increased open space, consistent with the comprehensive plan may also be subject to optional zoning provisions.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.06 COORDINATION WITH SUBDIVISION REGULATIONS.

(A) It is the intent of this chapter that subdivision review under Title XVII (Subdivision Regulations) of this Code of Ordinances be carried out simultaneously with the review of a planned development under this chapter.

(B) The plans required under this chapter must be submitted in a form, which will satisfy the requirements of Title XVII (Subdivision Regulations) for the preliminary and final plats.

(C) Flexibility of design standards and criteria of Title XVII (Subdivision Regulations) may be allowed as part of a planned unit development.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.07 PRE-APPLICATION MEETING.

Prior to the submission of any plan to the Planning Commission, the applicant shall meet with city staff to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps and exhibits required. This includes the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit a simple sketch plan at this stage for informal review and discussion.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.08 GENERAL DEVELOPMENT PLAN.

(A) An applicant shall make an application for a planned unit development conditional use permit according to Chapter 196 (Conditional Use Permits) of this title.

(B) In addition to the criteria and standards set forth in Chapter 196 (Conditional Use Permits) of this title for the granting of conditional use permits, the following additional findings shall be made before the approval of the approval development plan:

(1) The proposed planned unit development is in conformance with the Comprehensive Plan.

(2) The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses.

(3) Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated.

(4) The planned unit development will not create an excessive burden on parks, schools, streets, and other public facilities and utilities, which serve or are proposed, to serve the area.

(5) The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries.

(C) The following exhibits and written narratives shall be submitted to the Zoning Administrator by the applicant as a part of the application for a conditional use permit.

(1) An explanation of the character of the planned development and the manner in which it has been planned to take advantage of the planned development regulations.

(2) A list of the present ownership of all the land included within the planned development and a list of property owners within 500 feet of the outer boundaries of the property as obtained through Chisago County records.

(3) A general indication of the expected schedule of development including progressive phasing and time schedule.

(4) A map giving the legal description of the property including approximate total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easements, street right-of-ways, utilities, and buildings for the property and for the area 500 feet beyond.

(5) Natural features, maps, or maps of the property and area 500 feet beyond showing contour lines at no more than 2-foot intervals, drainage patterns, wetlands, vegetation, soil, and subsoil conditions.

(6) A map indicating proposed land uses including housing units and types, vehicular and pedestrian circulation, and open space uses.

(7) Full description as to how all necessary governmental services will be provided to the development including sanitary sewers, storm sewers, water systems, streets, and other public utilities.

(8) An engineering report presenting results of percolation tests and soil analysis of the site.

(9) Any additional information requested by the city staff, the Planning Commission, and City Council that may be required for clarification of the proposed project.

(10) Fourteen copies of all required information shall be submitted.

(D) The applicant shall also submit a preliminary plat and all the necessary documentation as required under Title XVII (Subdivision Regulations) of this code, of all or that portion of the project to be platted. For purposes of administrative simplification, the public hearings required for the conditional use permit and preliminary plat and potential rezoning of property may be combined into one hearing or may be held concurrently.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.09 FINAL DEVELOPMENT PLAN.

(A) The final development plan with recommended modifications, if any, and if necessary, the modified preliminary plat, shall be filed with the Zoning Administrator containing the information required in the general development plan plus any changes recommended by the Planning Commission and the City Council as a result of the public hearing.

(B) The applicant shall also submit a final plat for all or that portion to be platted. Such plats may be submitted in smaller increments as may be economical to finance or construct at one time.

(C) The final general development plan shall be submitted with the first final plat which shall conform to the approved general development plan and approved preliminary plat. This plan shall include any recommended changes by the Planning Commission and the City Council to the original general development plan and original preliminary plat.

(D) The City Council shall review the final development plan and final plat. If the final development plan is approved by the City Council, the Zoning Administrator shall issue a conditional use permit to the applicant.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.10 ENFORCEMENT OF DEVELOPMENT SCHEDULE.

The construction and provisions of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same phase of the construction of dwelling units. From time to time the Zoning Administrator may review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he or she shall find that 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, he or she shall forward this information to the City Council, which may modify or revoke the planned unit development permit.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.11 CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE.

(A) All land shown on the final development plan as common open space must be conveyed to homeowners association or similar organization provided in an indenture establishing an association or similar organization for the maintenance of the planned unit development. The common open space must be conveyed to the homeowners association or similar organization subject to covenants to be approved by the City Attorney which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

(B) If a homeowners association is created, the applicant shall submit any required homeowner association documents at the time of the first final plat of development to the City Attorney and city staff which explain:

(1) Ownership and membership requirements.

(2) Articles of incorporation and bylaws.

(3) Time at which the developer turns the association over to the homeowners.

(4) Approximate monthly or yearly association fees for homeowners.

(5) Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space grounds, and utilities.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.12 STANDARDS FOR COMMON OR OPEN SPACE.

No open area may be approved as common open space under the provisions of this chapter unless it meets the following standards:

(A) The location, shape, size, and character of the common open space must be suitable for the planned unit development;

(B) Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. Whenever possible, common open space shall be linked to the open space areas or parks of adjoining developments;

(C) Common open space must be suitably improved for its intended use but common space containing natural features worthy of preservation may be left unimproved. The buildings, structures, and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition; and

(D) Outlots to be dedicated to the city for park, ponding, or other purposes shall be deeded to the city before the final plat is released for recording.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.13 SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE.

Prior to City Council consideration of a planned unit development, the applicant, as may be applicable, shall guarantee to the city the completion of all improvements as shown on the final development plan. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Chapter 202 (Site Performance Agreement) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 217.14 REVIEW AND AMENDMENTS.

(A) From time to time the Zoning Administrator may review planned unit developments within the city and may make a report to the City Council on the status of noncompliance for a particular planned unit development. If the Zoning Administrator finds that the development has not commenced within 1 year after the original approval of the conditional use for the planned unit development, the Zoning Administrator may recommend that the City Council extend the time or revoke the conditional use permit as set forth in § 196.06 (Revocation) of this title. Prior to cancellation or revocation of this permit, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard.

(B) For additional phases of the planned unit development, if within 5 years the project has not progressed, the Zoning Administrator may recommend that the City Council determine what action will be taken with the remainder of the project. Prior to determining the outcome of the planned unit development, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard.

(C) Minor changes in the location, placement, and heights of the buildings or structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final development plan was approved.

(D) Approval of the Planning Commission and City Council shall be required for other changes such as rearrangement of lots, blocks, and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan.

(E) Any amendment to the planned unit development shall require the same procedures as for the application for a conditional use permit as set forth Chapter 196 (Conditional Use Permits) of this title.