A petition for a text amendment may be initiated by the owner of affected land, the council or the commission. A petition by an owner shall be on forms provided by the planner and such other information that the planner believes necessary for evaluation of the petition. The petition shall be accompanied by the fee set forth in section 2-724.

(Code 1970; Code 1992, § 850.04(4)F.1)

Upon receipt of the petition, fee and all other required information, in form and substance acceptable to the planner, the planner will review the petition, and the other information provided by the petitioner, and forward a report to the commission. The commission shall conduct a public hearing regarding the petition. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. After reviewing the report of the planner and hearing the oral or written views of all interested persons, the commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the council. No new notice need be given for hearings that are continued by the commission to a specified future date.

(Code 1970; Code 1992, § 850.04(4)F.2)

After review and recommendation by the commission, the council shall conduct a public hearing regarding the proposed text amendment. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. After hearing the oral or written views of all interested persons, the council shall make its decision at the same meeting or at a specified future date. No new notice need be given for hearings that are continued by the council to a specified future date. An affirmative vote of three-fifths of all members of the council shall be required to approve a text amendment.

(Code 1970; Code 1992, § 850.04(4)F.3)

(a)

A petition for rezoning may be initiated by the owner of land proposed for rezoning, the council or the commission.

(b)

A petition by an owner shall be on forms provided by the planner, shall be submitted with plans, data and information required by this chapter, and such other information that the planner believes necessary for evaluation of the petition. The petition shall be accompanied by the fee set forth in section 2-724.

(Code 1970; Code 1992, § 850.04(4)A)

(a)

The petitioner for rezoning shall erect, or cause to be erected, at least one sign per street frontage on the land described in the petition. The sign shall be of a design approved by the planner, shall be 36 inches by 60 inches in size, shall have letters at least four inches high using Helvetica medium typeface, or other letter style approved by the planner, shall be constructed of sturdy material, shall be neatly lettered and shall be easily viewable from, and readable by persons on, the adjoining street. The sign shall contain the following information:

(b)

The sign shall be kept in good repair and shall be maintained in place until a final decision on the petition has been made by the council, and shall be removed by the petitioner within five days after the final decision. The failure of any petitioner to comply fully with the provisions of this section relating to the sign shall not prevent the commission and council from acting on the petition nor invalidate any rezoning granted by the council. If the signs are not kept in good repair or removed as required, then the signs shall be deemed a nuisance and may be abated by the city by proceedings under Minn. Stats. ch. 429, or any other then applicable provisions of this Code or state law, and the cost of abatement, including administrative expenses and attorneys' fees, may be levied as a special assessment against the property upon which the sign is located.

(Code 1970; Code 1992, § 850.04(4)B)

The petition for rezoning shall include a site plan with the required data and information in article III of this chapter.

(Ord. No. 2015-07, § 4, 5-19-2015)

Upon receipt of the petition, fee and all other required information, in form and substance acceptable to the planner, the planner will review the petition, site plan and the other information provided by the petitioner, and forward a report to the planning commission. The commission shall conduct a public hearing regarding the petition and site plan. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated, wholly or partly, within 1,000 feet of the tract to which the petition relates, insofar as the names and addresses of such owners can reasonably be determined by the clerk from records maintained by the assessor or from other appropriate records. After reviewing the report of the planner and hearing the oral or written views of all interested persons, the commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the council. No new notice need be given for hearings that are continued by the commission to a specified future date.

The commission may recommend approval by the council based upon, but not limited to, the following factors:

(1)

Is consistent with the comprehensive plan;

(2)

Will not be detrimental to properties surrounding the tract;

(3)

Will not result in an overly intensive land use;

(4)

Will not result in undue traffic congestion or traffic hazards;

(5)

Conforms to the provisions of this section and other applicable provisions of this Code; and

(6)

Provides a proper relationship between the proposed improvements, existing structures, open space and natural features.

(Ord. No. 2015-07, § 4, 5-19-2015)

After review and recommendation by the planning commission, the city council shall conduct a public hearing regarding the rezoning petition and site plan. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated, wholly or partly, within 1,000 feet of the tract to which the petition relates, insofar as the names and addresses of such owners can reasonably be determined by the clerk from records maintained by the assessor or from other appropriate records. After hearing the oral or written views of all interested persons, the council shall make its decision at the same meeting or at a specified future date. No new notice need be given for hearings that are continued by the council to a specified future date. An affirmative vote of three-fifths of all members of the council shall be required to grant rezoning approval. Provided, however, a rezoning from any residential zoning district to any nonresidential zoning district shall require an affirmative vote of four-fifths of all members of the council. In granting rezoning approval, the council may make modifications to the site plan and may impose conditions on its approval of the site plan.

(Ord. No. 2015-07, § 4, 5-19-2015)

The approved site plan shall be filed in the planning department.

(Ord. No. 2015-07, § 4, 5-19-2015)

The development of the tract shall be done and accomplished in full compliance with the approved site plan, as modified by, and with the conditions made by, the council, and in full compliance with this chapter and other applicable provisions of this Code.  Applications for building permits shall be reviewed by the planning department prior to issuance of such permits to determine if they conform to the provisions of this chapter, the approved site plan, as modified by, and with the conditions made by, the council, and other applicable provisions of this Code.

(Ord. No. 2015-07, § 4, 5-19-2015)

Minor changes in the location and placement of buildings or other improvements may be authorized by the planner. Proposed changes to the approved site plan affecting structural types, building coverage, mass, intensity or height, allocation of open space and all other changes which affect the overall design of the property shall be acted on, reviewed and processed by the commission and council in the same manner as they reviewed and processed the site plan, except that a three-fifths favorable vote of the council shall be required to authorize the proposed change.

(Ord. No. 2015-07, § 4, 5-19-2015)

(a)

If a building permit has not been obtained, and if erection or alteration of a building, as described in the application for site plan, has not begun within two years after site plan approval, the approval shall be null and void unless a petition for extension of time in which to commence the proposed work or improvements has been granted.

(b)

A petition for extension shall be made in writing and filed with the city clerk within such two-year period. The petition shall state reasons showing why a building permit has not been obtained, or why erection or alterations have not commenced, and shall state the additional time requested to begin the proposed work or improvement. The petition shall be presented to the council for hearing and decision in the same manner as then required for an original application. The council may grant an extension of up to one year upon finding that:

(1)

There is a reasonable expectation that the proposed work or improvement will commence during the extension; and

(2)

The facts which were the basis for approving the final development plan have not materially changed.

No more than one extension shall be granted.

(Ord. No. 2015-07, § 4, 5-19-2015)

After the council has denied a petition for rezoning, the owner of the tract to which the petition related may not file a new petition for a period of one year following the date of such denial for transferring the same tract, or any part, to the same district or subdistrict (if the district has been divided into subdistricts) to which such transfer was previously denied. Provided, however, that such petition may be filed if so directed by the council on a three-fifths favorable vote of all members of the council after presentation to the council of evidence of a change of facts or circumstances affecting the tract.

(Ord. No. 2015-07, § 4, 5-19-2015)

The purpose of the Planned Unit Development (PUD) District is to provide comprehensive procedures and standards intended to allow more creativity and flexibility in site plan design 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 purpose and intent of a PUD is to include most or all of the following:

(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 is consistent with the city's comprehensive plan;

(2)

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;

(3)

Provide for variations to the strict application of the land use regulations in order to improve site design and operation, while at the same time incorporate design elements that exceed the city's standards to offset the effect of any variations. Desired design elements may include: sustainable design, greater utilization of new technologies in building design, special construction materials, landscaping, lighting, stormwater management, pedestrian-oriented design and podium height at a street or transition to residential neighborhoods, parks or other sensitive uses;

(4)

Ensure high quality of design and design compatible with surrounding land uses, including both existing and planned;

(5)

Maintain or improve the efficiency of public streets and utilities;

(6)

Preserve and enhance site characteristics, including natural features, wetland protection, trees, open space, scenic views and screening;

(7)

Allow for mixing of land uses within a development;

(8)

Encourage a variety of housing types, including affordable housing; and

(9)

Ensure the establishment of appropriate transitions between differing land uses.

(Code 1970; Code 1992, § 850.04(4)D.1)

(a)

Uses. All permitted uses, permitted accessory uses, conditional uses and uses allowed by administrative permit, contained in the various zoning districts, as defined in this chapter, shall be treated as potentially allowable uses within a PUD district, provided they would be allowable on the site under the comprehensive plan.

(b)

Eligibility standards. To be eligible for a PUD district, all development should be in compliance with the following:

(1)

Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this chapter and the comprehensive plan;

(2)

Any PUD which involves a single land use type or housing type may be permitted, provided that it is otherwise consistent with the objectives of this chapter and the comprehensive plan;

(3)

Permitted densities may be specifically stated in the appropriate planned development designation and shall be in general conformance with the comprehensive plan; and

(4)

The setback regulation, building coverage and floor area ratio of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in subsection (b)(1) of this section.

(Code 1970; Code 1992, § 850.04(4)D.2; Ord. No. 2014-10, § 1, 6-3-2014)

(a)

Preapplication conference. Prior to filing of an application for a PUD, the applicant must arrange for and attend a conference with city staff. The primary purpose of the conference shall be 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 it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data.

(b)

Preapplication sketch plan review. Prior to filing of a PUD, the applicant is encouraged to submit a sketch plan of the project to the city planner pursuant to section 36-126. The submittal should include a statement providing justification for the PUD, including, but not limited to, the intended utilization of the items listed in the purpose, intent and criteria in this subdivision.

(c)

Planning commission and city council review. The planner shall refer the sketch plan to the planning commission and city council for discussion, review and informal comment. Any opinions or comments provided to the applicant by the planner, planning commission and city council shall be considered advisory only and shall not constitute a binding decision on the request. There shall be no official application made for a sketch plan. It is an informal review and comment by planning commission and city council.

(d)

Preliminary development plan and preliminary rezoning. Preliminary development plan submissions may depict and outline the proposed implementation of the sketch plan for the PUD. The preliminary development plan submissions shall include, but not be limited to, the submission requirements stipulated in article III of this chapter. Preliminary rezoning process is stipulated in sections 36-212—36-214. Preliminary rezoning shall include first reading of an ordinance amendment creating a PUD zoning district.

(e)

Final development plan and final rezoning. After approval of the preliminary development plan, the applicant may apply for a final development plan and final rezoning approval for all or a portion of the PUD. The final development plan submissions shall include, but not be limited to, the submission requirements stipulated in article III of this chapter. Final development plan and final rezoning shall be heard before the city council. The final development plan and final PUD are reviewed to ensure that the proposed final development plan is consistent with the preliminary development plan and to address any new or outstanding concerns from preliminary approval. Should the plans be revised by the applicant beyond the allowed plan modifications outlined in section 36-130, the final development plan and final rezoning shall therefore follow the process outlined in sections 36-212—36-214, which requires review by both planning commission and city council.

(f)

Final rezoning to PUD. Final rezoning to PUD becomes official upon adoption of an ordinance rezoning the property.

(Code 1970; Code 1992, § 850.04(4)D.3; Ord. No. 2015-07, § 5, 5-19-2015)