Subd. 1. PUD Concept Review. Any person or persons who may apply for a PUD may request a concept review ("PUD Concept Review") with respect to land which may be subject to a PUD. The purpose of a PUD Concept Review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD Concept Review shall consist generally of an informal consideration by the Planning Commission and the Council of such person's PUD proposal. PUD Concept Review may be held with a public hearing. An application of PUD Concept Review may provide such information with respect to the request as the applicant shall deem appropriate in consultation with the City Planner. An applicant for PUD Concept Review shall pay all fees and costs provided for in this chapter. Upon conclusion of a PUD Concept Review the Planning Commission and Council may make such recommendations and comments and take such action with respect to the proposal as they deem appropriate, provided, however, no approval under this section shall constitute, or in the future require, approval or formal establishment or designation of a PUD, zoning or subdivision by the Council of the land which is the subject of the PUD Concept Review.

Subd. 2. Definition. As used in this section, the term "original district" means a zoning district described in this chapter.

Subd. 3. Zoning District Supplement. Planned Unit Development District ("PUD") is supplementary to a zoning district within or encompassing all or a portion or portions of one (1) or more original districts in accordance with the provisions of this chapter.

Subd. 4. Purpose. The purpose of this section is to: (1) Encourage a more creative and efficient approach to the use of land in the City; (2) Allow variety in the types of environment available to the people of the City; (3) Encourage more efficient allocation and maintenance of privately controlled common open space through the distribution of overall density of population and intensity of land use where such arrangement is desirable and feasible; and, (4) Provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the provisions of this chapter and Chapter 12 (relating to Subdivision) of this Code while at the same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City and its inhabitants.

Subd. 5. Designation. All PUD's shall be designated in the legal description of the original district being supplemented.

(Source: City Code, 9-17-1982)

Subd. 6. Repealed.

(Source: Ordinance No. 3-2000, 1-27-2000)

Subd. 7. Permitted Uses. The permitted uses set forth in this chapter pertaining to the original district or districts within a PUD shall apply to and be permitted uses in that part of a PUD in which such a district is encompassed, except as such use or uses may be limited by a development plan, an agreement or imposed by the City as a condition to approval of the PUD.

Subd. 8. Zoning and Subdivision Standards and Requirements. All standards and provisions relating to an original district as set forth in this chapter and to the subdivision of land as set forth in Chapter 12 (if land which is the subject of a PUD is or will be subdivided in connection with a PUD) shall apply to an original district situated within a PUD and to such land subdivided or to be subdivided unless any such standards or requirement has been modified or waived as provided in Subparagraph A and B hereof.

A.

Any standard or provision, except permitted uses, set forth in this chapter relating to an original district may be waived or modified by the City provided the ordinance relating to such PUD sets forth specifically or by reference to a development plan or an agreement such modification or waiver.

B.

Any standard or provision set forth in Chapter 12 relating to the subdivision of land which is the subject of a PUD and is being or will be subdivided in connection with a PUD may be waived or modified as provided in Chapter 12.

Subd. 9. Application. An applicant for a PUD shall submit in the application all of the material required by this chapter for rezoning and if land encompassed within the PUD is to be subdivided, all of the material required by Chapter 12 of this Code relating to the subdivision of land. In addition, an applicant shall submit the following information:

A.

Project Identification. The following and such other information as is necessary to clearly and completely describe the project shall be provided:

1.

Ownership. Identify all owners legal and equitable of and all encumbrances and easements upon the land within the proposed PUD.

2.

Developer. Identify all parties involved in the development, including their previous experience and the nature and extent of their participation.

3.

Financing of Project. Identify the source and type of financing of the project, including financing such as: Municipal Industrial Development Revenue Bonds, Housing Revenue Bonds, or otherwise.

4.

Development Method. Describe what will be done with the project, if approved, and who will do it. Will the property be marketed undeveloped; rough graded; developed; or will the developer carry the project through actual construction of structures? Will structures be retained, sold, or leased?

5.

Development Timing. Specify timing of each stage of development from initial site development through building construction. Any phasing of different portions of the project should be clearly explained.

6.

Critical Public Decisions. Identify all governmental agencies which have review authority over any portion of the development, what aspect of the project required their review, and what approvals are necessary. Explain what public improvements would be necessary to serve the project, such as: utilities, roads, road improvements, parks, schools, etc.

7.

Other Information. Include any other information necessary to explain the unique characteristics of the project.

B.

Plan Area Identification. Provide the following to identify the land included in the proposed PUD.

1.

PUD Boundaries. A plan clearly denoting overall project boundaries.

2.

PUD Area. A plan which shows the overall PUD area as well as all parcels and their ownership within one thousand (1,000) feet of the PUD.

3.

Regional Relationships. A description of regional factors the plan is predicated upon such as: market area, population centers, major roads, railroad, airport, proximity to Regional Services, etc. Also describe any impact the PUD would have on Regional Services and Systems.

4.

Existing Land Use and Occupancy.

5.

Existing Transportation Systems. Describe how the land within the PUD will be served by transportation systems and provide an analysis of the PUD's impact upon such transportation systems. If transportation systems are not adequate to accommodate the traffic expected from the development, describe improvements necessary. Illustrate how the plan provides for pedestrian and bicycle sidewalks and trails and how they tie into the City-wide system.

6.

Existing Zoning. A map which shows the existing zoning and zoning of adjacent parcels. A listing of any zoning district changes or variances from City Code provisions should be provided.

7.

Guide Plan and PUD Concept Framework. A map which shows the Guide Plan Designation of the project and surrounding uses. If the plan was originally part of a PUD Concept Review, the plan reviewed should be submitted together with a comparative analysis of the proposed PUD.

8.

General Analysis and Conclusions.

C.

Plan Area Analysis. Provide the following relating to analysis of the plan:

1.

Two-foot contour topographic map depicting existing and proposed contours should be submitted at a scale of one inch equals one hundred feet (1" = 100').

2.

A soils map depicting surface and subsurface conditions that may affect construction.

3.

A map depicting vegetation of the site with detailed locations of trees twelve (12) inches or over in diameter.

4.

All water, streams, lakes, marsh, ponds, drainage, subsurface, flood plains, should be denoted on a site plan.

5.

Photographs of the site sufficient to convey its general visual qualities and relationship to area and proposed development.

6.

A general discussion of natural ecological factors, analysis and conclusions.

7.

A utility plan which illustrates the easements, and general sewer, water, and power services to all uses.

8.

Preliminary architectural drawings depicting normal detail achieved during "design development phase" of architectural design process (does not include single family detached housing).

9.

Legal instruments for plan implementation including homeowner's association documents, scenic, pathway, drainage, or other easements and private documents, etc.

10.

Housing or land/building use profile including computations of gross/leasable square footage, housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc.

11.

A map drawn to scale of one inch equals two hundred feet (1" = 200') showing roads, structures, lakes, streams, ponds, wetlands, floodplains, vegetation, topography, utilities, sidewalks, trails, parks, zoning, and land use within one thousand (1,000) feet of the boundaries of a proposed PUD and an analysis of the impact the PUD would have on the above referenced items.

D.

Fees and Costs. Applications for a PUD shall be filed at the office of the City Planner. A non-refundable application fee in the amount established by the Council by resolution to defray administrative costs shall accompany each application. A deposit established by the City Planner shall accompany the application. The deposit or a portion thereof, will be refunded after final Council action on the proposal if the total sum is greater than the administrative review cost, which may include, but not be limited to:

1.

Consultant fees assisting in City review.

2.

City Staff time expended in specific development review.

3.

Mailing, legal notices and other administrative costs.

4.

Any other reasonable costs incurred by the City in review of the proposal. Full payment by the proponent of all fees and costs for City review must be made prior to consideration of the application.

Subd. 10. Public Hearing. A public hearing on an application for a PUD and any PUD amendment other than a Minor PUD Amendment as defined in Subdivision 10 below shall be held before both the Planning Commission and the Council. An application for a Minor PUD Amendment shall require a public hearing only before the Council. When a PUD involves changes in district boundaries, a similar notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within five hundred (500) feet of the property to which the PUD relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.

(Source: Ordinance No. 1-2016, 1-14-2016)

A.

An application for a PUD and all applications for amendment of a PUD may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date of referral to the Planning Commission.

B.

In the event land within a PUD is or will be subdivided in connection with a PUD, such subdivision pursuant to, or any waiver or modification of any provision of, Chapter 12 may be approved only upon compliance with such additional procedures as are set forth in Chapter 12.

(Source: City Code, 9-17-1982)

C.

Minor PUD Amendment is:

1.

Additions or reductions which require PUD waivers and are ten percent (10%) or less of the Gross Floor Areas of building or two thousand (2,000) square feet whichever is less. The addition or reduction shall be the cumulative total or cumulative reduction after adoption if this Section 11.40, Subdivision 10.C.1.

2.

Façade remodels which are require a PUD waiver.

(Source: Ordinance No. 1-2016, 1-14-2016)

D.

A Zoning Certificate and Certificate of Occupancy shall be required in accordance with City Code Section 11.77.

Subd. 11. Findings Required. The findings necessary for approval of a PUD shall be as follows:

A.

The proposed development is not in conflict with the goals of the Guide Plan of the City.

B.

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

C.

Any exceptions to the standard requirements of this chapter and Chapter 12 of this Code are justified by the design of the development.

D.

The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit, and the PUD shall be consistent with an approved PUD Concept.

(Source: Ordinance No. 24-91, 12-5-1991)

Subd. 12. Revisions and Amendments.

A.

Minor changes in the location, placement and height of buildings or structures as well as other matters set forth in the development plan, or any agreement, except as described in Subparagraph B below, may be authorized by the City Planner if required by engineering or other circumstances not foreseen at the time the final development plan was approved.

B.

Changes in uses as well as any modification or waiver of any standard or requirement relating to an original district or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures applicable to amendments of this chapter pertaining to zoning. Changes relating to any standard or requirement set forth in Chapter 12 pertaining to the subdivision of land or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures provided in Chapter 12 of this Code pertaining to subdivision of land.

(Source: City Code, 9-17-1982)