The City Council may, in accordance with the procedures and standards set forth in this chapter, and other standards and regulations applicable to the district in which the subject property is located, approve by ordinance, planned unit developments for uses as listed within each zoning district. (Ord. 296, 3-18-2024)

A planned unit development is intended to encourage the efficient use of land and resources, to promote greater efficiency in public and utility services, and to encourage innovation in the planning and building of all types of development. A planned unit development may be approved by the City Council following a review and recommendation by the Planning Commission. (Ord. 296, 3-18-2024)

The public benefits to the surrounding neighborhood and the City as a whole that are intended to be derived from the approval of a planned unit development include, but are not limited to:

   A.   Preservation and enhancement of desirable site characteristics and open space.

   B.   A pattern of development which preserves natural vegetation, topographic and geologic features.

   C.   Preservation and enhancement of historic and natural resources that significantly contribute to the character of the City.

   D.   Use of design, landscape, or architectural features to create a pleasing environment or other special development features.

   E.   Provision of a variety or housing types in accordance with the City's housing goals.

   F.   Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation.

   G.   Business and commercial development to enhance the local economy and strengthen the tax base.

   H.   The efficient use of land resulting in more economic networks of utilities, streets, schools, public grounds, buildings, and other facilities. (Ord. 296, 3-18-2024)

The following general provisions shall govern the review, approval, and establishment of planned unit developments.

   A.   Control Of The Planned Development: A planned unit development may be established for any parcel or tract of land under single ownership or control. The property included in the Planned Unit Development shall be planned and developed or redeveloped as a single unit and in a manner consistent with the intent and purpose for which a planned unit development may be permitted.

   B.   Uses Allowed: All permitted and conditional uses listed in a specific district are allowed as planned unit developments. Where residential units are provided as part of a planned unit development, regardless of the specific district, they may be of one-family attached, one-family detached, townhouse, or clustered or multiple-family type construction. Mixed-use planned unit developments are permitted and encouraged provided they meet the intent and purpose for which a planned unit development is permitted. Uses not listed as permitted or conditional in a specific district shall not be allowed in a planned unit development unless it is found that the use is complementary to the functionality of the development and the other uses found therein.

   C.   Authority To Modify Regulations: The City Council shall have the authority in approving any planned unit development to change, alter, modify, or waive any provision of this Chapter or the subdivision regulations as they apply to the proposed planned unit development. No such change, alteration, modification or waiver shall be approved unless the City Council shall find that the proposed planned unit development:

      1.   Will achieve the purpose for which a planned unit development may be approved pursuant to this Section.

      2.   Will not violate the general purpose, goals, and objectives of this Chapter and of any plans adopted by the Planning Commission or the City Council.

   D.   Limitations: No change, alteration, modification or waiver authorized by this chapter shall authorize a change in uses allowed in any district or a modification with respect to any standard established by this Section, or a modification with respect to any standard in a zoning district made specifically applicable to a planned unit development, unless the regulation expressly authorizes such a change, alteration, modification or waiver. (Ord. 296, 3-18-2024)

   A.   The number of principal use structures which may be constructed within the planned unit development shall be determined by dividing the net acreage of the project acreage by the required lot area per unit that is required in the district in which the planned unit development is located. The net acreage shall be defined as the project area less the land area dedicated for public streets or other public purposes. The project area includes all the land within the planned unit development that is allocated for residential, institutional, commercial, or industrial uses, and for common open space as required.

   B.   The development plan shall contain such proposed covenants, easements, and other provisions relating to the bulk, location, and density of permitted structures, accessory structures, and public facilities as may be necessary for the welfare of the planned unit development and the City.

   C.   The common open space, and other common properties, individual properties, and all other elements of the planned unit development shall be so planned that they achieve a unified scheme of integrated planning and a harmonious selection and efficient distribution of uses.

   D.   Common open space within a planned unit development must be used for amenity or recreational purposes. Motor vehicle parking areas and traffic corridors shall not be considered an approved use of common open space. The uses authorized for the common open space must be approved to the scale and character of the planned unit development, and consider the planned unit development's size, density, topography, and number and type of structures to be provided.

   E.   Common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved. The development plan must coordinate the improvement of the common open space and the construction of the permitted structures within the planned unit development.

   F.   Adequate access shall be provided for fire and emergency vehicles. (Ord. 296, 3-18-2024)

A planned unit development proposed for any parcel or tract of land under single ownership or control shall have a minimum net site area for each zoning district as set forth below.

An application for a planned unit development shall be processed in accordance with the following procedures:

   A.   Pre-Application Conference: Prior to submitting a formal application for a planned unit development, an applicant shall participate in a pre-application conference with the Planning Zoning Administrator and/or Mayor. Representatives of other City departments and decision-making bodies may also be present where appropriate. The purpose of the pre-application conference is to enable the applicant to present the concept of the proposed planned unit development and to discuss the procedures and standards for planned unit development approval. The conference is intended to facilitate the filing and consideration of a formal planned unit development application. No representations made by any representatives of the City's departments or decision-making bodies during the pre-application conference shall be binding upon the City with respect to a formal application subsequently submitted.

   B.   Information Needed For The Pre-Application Conference: The applicant shall provide the following information at the time of the scheduling of the pre-application conference:

      1.   Concept site plan.

      2.   Narrative summary of the proposal.

      3.   Description of the land uses and neighboring characteristics.

   C.   Formal Application-Development Plan: Formal applications for a planned unit development shall be filed with the Zoning Administrator on a form provided and accompanied by such number of copies as so indicated. Upon receipt of a properly completed formal application for a planned unit development, the Zoning Administrator shall forthwith transmit to the Planning Commission the application together with all papers and plans attached thereto. All formal applications for a planned unit development shall include at least the following information:

      1.   General Information:

         a.   The applicant's name, address, telephone number, and interest in the property.

         b.   The owner's name, address, and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application.

         c.   The street address and legal description of the property.

         d.   The zoning classification, zoning district boundaries, and present use of the property.

         e.   The proposed title of the project and the names, addresses, and telephone numbers of the architect, landscape architect, planner, or engineer on the project.

      2.   Preliminary Development Site Plan: A development site plan shall be drawn at a scale of twenty feet (20') to one inch (1") and shall contain at least the following, unless determined not applicable by the Zoning Administrator:

         a.   The location, dimensions, and total area of the site.

         b.   The location, dimensions, floor area, type of construction, and use of each proposed building or structure and setbacks from property lines.

         c.   The number, the size, and type of dwelling units in each building, and the overall dwelling unit density.

         d.   The proposed treatment of open spaces and the exterior surfaces of all structures, with sketches of proposed landscaping and structures, including typical elevations.

         e.   Architectural graphics, including typical floor plans and elevations, profiles, and cross-sections.

         f.   The number, location, and dimensions of parking spaces and loading docks, with means of ingress and egress.

         g.   The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements.

         h.   A vehicular traffic analysis.

         i.   The location of all fire hydrants on the property and the location of all fire hydrants within one-hundred fifty feet (150') of the property.

         j.   The location and dimensions of all accesses for fire and emergency vehicles.

         k.   Statement of whether or not the building will be sprinkled and fire flow availability for the sprinkler system and fire hydrants.

         I.   The location and intensity of safety and security lighting.

         m.   The location and purpose of any existing or proposed dedication or easement.

         n.   The general drainage plan for the development tract.

         o.   The location and dimensions of adjacent properties, abutting public right-of-ways and easements, and utilities serving the site.

         p.   Significant topographical or physical features of the site, including existing trees.

         q.   Wetland delineation showing all wetlands present on the site.

         r.   The location and proposed treatment of any historical structure or other historical design element or feature.

      3.   Preliminary Plat Of Survey: A preliminary plat of the property shall be submitted. The layout of the plat shall conform to the development plan.

      4.   Additional Information: The application shall also contain the following information and be accompanied by the following submissions, as well as such additional information, drawings, plans or documentation as may be requested by the Zoning Administrator or the Planning Commission, if determined necessary or appropriate for a full and proper consideration and disposition of the application.

         a.   A certificate of disclosure of ownership interest.

         b.   When the proposed planned unit development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by an entity other than a government authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.

         c.   Copies of any restrictive covenants that are to be recorded with respect to property in the proposed planned unit development.

         d.   When the planned unit development is to be constructed in stages, a schedule for the development of such stages shall be submitted stating the approximate beginning and completion time for each stage. When the development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages completed or under development bear to the entire development.

         e.   A statement showing the relationship of the proposed planned unit development to any adopted general plan of the City.

         f.   A statement showing why the proposed planned unit development is compatible with other property in the neighborhood.

   D.   Review Procedure:

      1.   Action Of Zoning Administrator: Upon review of the formal application, including the development site plan, the Zoning Administrator shall determine if the application is complete. If the application is determined not to be complete, the Zoning Administrator shall not transmit the application to the Planning Commission, but shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application.

      2.   Public Hearing: Upon receipt of a properly completed application for a planned unit development, the Planning Commission shall set a date for a public hearing.

      3.   Notice: Notice of the public hearing shall be given in accordance with current Minnesota State Statute Guidelines.

      4.   Action Of The Planning Commission: The Planning Commission hold a public hear and shall transmit its recommendation to the City Council. The Planning Commission shall either recommend the granting of the planned unit development, granting the planned unit development subject to modifications, or denying the planned unit development.

      5.   Action Of The City Council: After receipt of the Planning Commission's recommendation, the City Council shall review the findings and either deny the planned unit development, or grant the planned unit development with or without modifications and conditions. (Ord. 296, 3-18-2024)

   A.   The Planning Commission shall and the City Council should only approve a planned unit development that satisfies the intent of this chapter and/or does not jeopardize the public health, safety, or welfare.

   B.   The development of the planned unit development shall conform to the approved development plan; including all proposed covenants, easements, conditions of approval, and other provisions relating to the bulk, location, and density of permitted structures, accessory structures, parking, and other public facilities.

   C.   All land shown on the approved development plan as common open space must be conveyed to trustees provided in the indenture establishing the association or similar organization for the maintenance of the planned unit development.

   D.   No common open space may be put to any use not specified in the approved development plan. (Ord. 296, 3-18-2024)

No planned unit development approval shall be valid for a period longer than one (1) year unless a Building Permit is issued. However, upon written request of the applicant, the one (1) year period may be extended by the Planning Commission for such time as it shall be determined and for good cause shown, without further hearing. (Ord. 296, 3-18-2024)

The approval of a proposed planned unit development by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for such permits or approvals as may be required by the regulation of the City, including, but not limited to, a subdivider's agreement as required in the Hawley City Code, Zoning Permit. (Ord. 296, 3-18-2024)

Following approval of the planned unit development, the development site plan, including any modifications thereof, shall constitute the use, parking, loading, sign, bulk, space, and yard regulations applicable to the property, and no use, building or development, other than home occupations and temporary uses not allowed by the development site plan, shall be permitted within the area of the planned unit development. (Ord. 296, 3-18-2024)

Adjustments to the development site plan shall be in accordance with the requirement set forth below.

   A.   New Application Required: No alteration or amendment shall be made in the construction, development, or use without a new application under the provisions of this Section. However, minor alterations may be made subject to written approval of the Zoning Administrator.

   B.   Minor Adjustments: During build-out of the planned unit development, the Zoning Administrator may authorize minor adjustments to approved development site plans when such adjustments appear necessary in light of technical or engineering considerations. Such minor adjustments shall be limited to the following elements:

      1.   Adjusting the distance as shown on the approved development site plan between any one.

      2.   Structure or group of structures, and any other structure or group of structures, or any vehicle circulation element or any boundary of the site.

      3.   Adjusting the location of any open space.

      4.   Adjusting any final grade (set by City Engineer).

      5.   Altering the types of landscaping elements and their arrangement within the required landscaping buffer area.

      Such minor adjustments shall be consistent with the intent and purpose of the chapter and development plans approved and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such adjustments would result in a violation of any standard or requirement of this Chapter.

   C.   Major Adjustments: Any adjustments to the development site plan not authorized as a minor adjustment shall be considered a major adjustment and shall require a new application under the provisions of this Section. (Ord. 296, 3-18-2024)

All applications for a planned unit development shall be accompanied by a non-refundable filing fee of three hundred dollars ($300.00). (Ord. 296, 3-18-2024)