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Hinckley City Zoning Code

PLANNED UNIT

DEVELOPMENTS

§ 155.045 GENERAL PROVISIONS.

   (A)   Purpose. The purpose of the Planned Unit Development District (PUD) is to provide for the integration and coordination of land parcels as well as the combination of land parcels as well as the combination of varying types of residential, commercial and industrial uses.
   (B)   Application. All permitted, permitted accessory or conditional uses contained in other zoning districts of this chapter shall be treated as permitted uses to eliminate the overlapping procedural requirements of individual conditional use provisions.
   (C)   Special procedures. The establishment of a Planned Unit Development District shall be subject to the amendment requirements of § 155.070 of this chapter.
(Prior Code, § 155.50) (Ord. passed 4-1-1997)

§ 155.046 PURPOSE AND INTENT.

   (A)   The purpose of this subchapter is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This subchapter is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities through conditional use provisions. It is further intended that Planned Unit Developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities and a harmonious selection and efficient distribution of uses.
   (B)   Specifically, it is intended to encourage:
      (1)   Innovations in residential development to the end that the demands for housing of all economic levels may be met by greater variety in tenure, type, design and siting of dwellings and by the conservation and more efficient use of land in such developments;
      (2)   Higher standards of site and building design through the use of trained and experienced engineers, architects, landscape architects and planners;
      (3)   More convenience in location of accessory commercial and service area;
      (4)   The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion;
      (5)   A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses;
      (6)   An efficient use of land resulting in smaller networks of utilities and streets thereby lowering housing costs and public investments;
      (7)   Developments and a development pattern in harmony and consistent with the objectives of the city’s Comprehensive Plan;
      (8)   A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the city; and
      (9)   To allow variation from the provision of this chapter including setbacks, height, lot area, width and depth, yards and the like, while continuing to protect the public health, welfare and safety.
(Prior Code, § 155.51) (Ord. passed 4-1-1997)

§ 155.047 GENERAL REQUIREMENTS AND STANDARDS.

   (A)   Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approval of the final plat shall be binding on all owners. In absence of an ownership application, the project developer may submit with the development application the written consent of all property owners within the proposed PUD. The financial commitments incurred through any portion of the development shall be responsibility of the ownership
   (B)   Comprehensive Plan consistency. The proposed PUD shall be generally consistent with the adopted city Comprehensive Plan.
   (C)   Common open space. Common open space, at least sufficient to meet the minimum requirements established in this chapter, and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD, shall be provided within the area of the PUD.
   (D)   Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following or may include a method deemed most appropriate by the City Council:
      (1)   Landlord control, where only use by tenants is anticipated; and
      (2)   Property owners association; provided, all of the following conditions are met:
         (a)   Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document as specified M.S. Ch. 515B, as it may be amended from time to time, shall be filed with the City Clerk-Administrator, such filing to be made prior to the filings of the declaration of documents or floor plans with the recording officers of the county.
         (b)   The declaration of covenants, conditions and restrictions or equivalent document may specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments may subject the properties to the terms of the declaration.
         (c)   The declaration of covenants, conditions and restrictions may provide that an owner’s association or corporation may be formed and if such an association or corporation is formed property owners may be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.
         (d)   The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made.
         (e)   Membership in the association must be mandatory for each owner, and any successive buyer.
         (f)   The open space restrictions must be permanent and not for a given period of years.
         (g)   The association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it.
         (h)   Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law.
         (i)   The association must be able to adjust the assessment to meet changed needs.
         (j)   The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan.   
   (E)   Staging of common open space. The con- struction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities.
   (F)   Density. The exact density allowable shall be determined by standards agreed upon between the applicant and the city staff in accordance with existing zoning district requirement. An increase/transfer for density shall be allowed upon proof of the applicant that some of the following conditions exist:
      (1)   The area where the density is transferred must be within the project area and owned by the applicant;
      (2)   Density transfer will allow for a greater degree of innovative design;
      (3)   Density transfer will allow for more efficient use of public facilities and utilities; and
      (4)   Density transfer will allow for preserva- tion of sensitive environment areas.
   (G)   Utilities. In any PUD, all permanent utilities, including telephone, electricity, gas and telecable shall be installed underground.
   (H)   Roadways.
      (1)   Private roadways within the project shall have an improved surface of 25 feet or more in width and shall be so designated as to permit fire trucks and emergency medical service vehicles to provide protection to each building. Parking shall be prohibited within this 25-foot roadway.
      (2)   No portion of the required private road system may be used in calculating required off-street parking space.
      (3)   The uniqueness of each proposal for a PUD requires that specifications and standards for streets, utilities and services may be subject to minor modifications from the specifications and standards established in the city subdivision ordinance (Ch. 154 of this code of ordinances) governing their construction. The City Council may therefore waive or modify the specifications or standards where it is found that they are not required in the interests of the residents or of the entire city. The plans and profiles of all streets, utilities and services shall be reviewed, modified if necessary and approved by the City Engineer and Building Official prior to the final approval of the PUD plan by the City Council.
   (I)   Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as part of the final plat. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.
   (J)   Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as required by the Fire Marshal to provide fire protection.
   (K)   Building height. Height limitations shall be the same as imposed in the respective districts.
   (L)   Refuse. Provision for trash pick-up shall be made according to a plan approved by the Planning Commission and City Council.
   (M)   Site improvement agreement. Prior to the issuance of a building permit as part of the Planned Unit Development, the permit applicant, builder or developer shall execute and deliver to the City Council a site improvement agreement.
   (N)   PUD progress. In the opinion of the city, if development has not progressed reasonably well according to the approved schedule, the developer shall be required to submit a statement to the city setting forth reasons for the lack of progress. The Planning Commission may initiate rezoning to eliminate the PUD zoning classification if it finds that the development has not occurred according to the adopted schedule; it shall not be necessary for the City Council to find that the rezoning to a PUD was in error.
   (O)   Pre-development costs. All pre-development costs will be the responsibility of the project developer or property owner. The city, according to the general provisions of this chapter, will require copies of written notification to all contractors and subcontractors of the project stating such responsibility prior to approval of PUD.
(Prior Code, § 155.52) (Ord. passed 4-1-1997)

§ 155.048 SPECIAL REQUIREMENTS AND STANDARDS.

   (A)   Residential Planned Unit Development.
      (1)   Purpose. It is the intent of this division (A) to establish special requirements for the granting of a conditional use permit for residential PUD projects. In developments where residential developments are proposed, the following general standards may apply.
         (a)   Housing variety may include a differentiation in housing types, housing exteriors and floor plans.
         (b)   Preservation of natural site features, wetlands, lowlands, wooded areas and the like, protected by the state’s Department of Natural Resources, by the city and/or county ordinances. The protection of these natural resources may be considered for a density transfer.
         (c)   Creation of park/public areas for active and passive park use or other public purposes such as schools, public buildings and the like which meet the intent of the city’s park and recreation chapter of the Comprehensive Plan and are consistent with the public dedication requirements for the proposed development.
         (d)   Installation of public improvements designed to serve areas beyond the project boundary.
      (2)   Minimum project size. The tract of land for which a Planned Unit Development - General Residential Project is proposed and permit requested shall contain not less than three acres of land.
      (3)   Required frontage. The tract of land for which a project is proposed and permit requested shall have a width of not less than 200 feet perpendicular to the side lot line or have 200 feet of frontage on the public right-of-way whichever is most restrictive.
      (4)   Yards.
         (a)   The front, side and rear yard restrictions at the periphery of the Planned Unit Development site shall be designed in a manner consistent with adjacent planned land uses.
         (b)   No building shall be nearer than its building height to the rear or side property line when such line abuts an R-1 or R-2 Use District.
         (c)   No building shall be located less than 20 feet from the back of the curb line along those roadways which are part of the internal street pattern.
         (d)   No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings.
      (5)   Townhouses and condominiums.
         (a)   Minimum unit lot frontage for townhouses shall be not less than 20 feet.
         (b)   Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
         (c)   No townhouse shall have a single exterior wall longer than 80 feet, nor an offset between walls of more ten feet.
         (d)   Townhouse projects shall have a usable open space area equal to 400 square feet per dwelling.
         (e)   Condominium buildings containing eight units or less and not more than two stories may entail zero lot line construction; provided that, the association covenant provides for it accordingly.
      (6)   Density transfer for units other than single family. In proposed developments where uses other than single-family detached structures are proposed, the city will consider a density transfer upon proof by the applicant that some of the following features are being provided as part of the proposed development:
         (a)   Preservation of natural site features, wetlands, lowlands, wooded areas and the like, protected by the state’s Department of Natural Resources, by the city and county ordinances.
         (b)   Creation of park/public areas for active park use or other public purpose such as schools, public buildings and the like, which meet the intent of the park and recreation chapter of the city’s Comprehensive Plan and are consistent with the public dedication requirements for the proposed development.
         (c)   Landscaping plan showing addi- tional boulevard trees, rear yard treatments, buffering from existing developments and the like beyond required standards.
         (d)   Installation of public improvements designed to serve areas beyond the project boundary.
   (B)   Commercial or Industrial Planned Unit Development.
      (1)   Purpose. It is the intent of this division (B) to establish special requirements for the granting of a conditional use permit to allow commercial or industrial PUD projects.
      (2)   Minimum project size. The tract of land for which a Planned Unit Development - Commercial or Industrial Project is proposed and permit is requested shall contain not less than five acres for commercial and industrial projects.
      (3)   Frontage. The tract of land for which a project is proposed and a permit requested shall have a width of not less than 200 feet perpendicular to the side lot line or have 200 feet of frontage on the public right-of-way whichever is most restrictive.
      (4)   Yard. No building shall be nearer than 50 feet to the side or rear property line when such line abuts an R-1, R-2 or R-3 Use District.
      (5)   Landscaping, screening and surfacing. All site treatment shall be consistent with the requirements of this chapter.
   (C)   Mixed Use Planned Unit Development.
      (1)   Purpose. The intent of this division (C) is to establish special requirements for the granting of a zoning district amendment to allow mixed use PUD projects which are in compliance with the permitted and conditional uses allowed within the PUD District and in accordance with the provisions and procedures as prescribed in this section.
      (2)   Minimum project size. The tract of land for which a mixed use PUD is proposed shall not contain less than five acres.
      (3)   Frontage. The tract of land for which the project is proposed shall have a width of not less than 200 feet perpendicular to the side lot line or have 200 feet of frontage on the public right-of-way, whichever is most restrictive.
      (4)   Yards. Minimum setbacks shall be the same as imposed in the respective PUD use districts.
      (5)   Landscaping, screening and surfacing. All site treatment shall be consistent with the requirements of this chapter.
(Prior Code, § 155.53) (Ord. passed 4-1-1997)

§ 155.049 PROCEDURE FOR PROCESSING.

   (A)   Application conference. Upon filing of an application for PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the city staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. 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 conformity to the provisions of this code before incurring substantial expense in the preparation of plans, surveys and other data.
   (B)   General concept plan.
      (1)   Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing their basic intent and the general nature of the entire development without incurring substantial cost. This concept plan serves as the basis for the informational meeting so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant element which the city shall review and for which a decision shall be rendered:
         (a)   Overall maximum PUD density range;
         (b)   General location of major streets and pedestrian walkways;
         (c)   General location and extent of public and common open space;
         (d)   General location of residential and non-residential land uses with approximate type and intensities of development;
         (e)   Staging and time schedule of development; and
         (f)   Other special criteria for development.
      (2)   Process.
         (a)   Developer attends application conference;
         (b)   File application for a conditional use permit or rezoning concurrently with the sub- mission of the general concept plan at least 21 days prior to Planning Commission meeting consisting of the information and submissions required under the general concept stage;
         (c)   City staff reviews application, prepares report and recommendations;
         (d)   Planning Commission receives application and report of city staff;
         (e)   Planning Commission makes a recommendation to the city council on the general concept plan;
         (f)   City Council holds an informational meeting to inform property owners within 350 feet of the proposed PUD of the general concept plan; and
         (g)   City Council reviews all recommendations and approves or denies application on general concept plan.
      (3)   Optional submission of development stage plan. In cases of a single stage PUD or where the applicant wishes to begin the first stage of a multiple stage PUD more expeditiously, he or she may, at his or her option, submit development stage plans for the proposed PUD simultaneously with the submission of the general concept plan. In such case, the applicant shall comply with all the provisions of this chapter applicable to submission of the development stage plan.
      (4)   Limitation of general concept plan approval. Unless a development stage plan has been filed within nine months from the date City Council grants general concept plan approval or, in any case, where applicant fails to file development stage and final plans to proceed with development in accordance with the provisions of this code and of an approved general concept plan, the approval may be revoked by City Council action. The City Council, at its discretion, may extend the filing date for a development stage plan, when for good cause shown, the extension is deemed appropriate. Approval of the general concept plan should be limited to the general acceptability of the land uses proposed and their relationships to the area. The action shall in no way bind the City Council to subsequent action on more detailed plans.
   (C)   Development stage.
      (1)   Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the City Council and with which substantial compliance is necessary for the preparation of the final plan.
      (2)   Submission of development stage plan. Upon approval of the general concept plan, the applicant shall file with the City Clerk-Administrator a development stage plan consisting of the information and submissions required under the development stage for the entire PUD, or for one or more stages thereof in accordance with a staging plan approved as part of the general concept plan. The development stage plan shall refine, implement and be in substantial conformity with the approved general concept plan.
      (3)   Review and action by city staff and Planning Commission. Upon a receipt of a completed development stage plan, the City Clerk-Administrator shall refer such plan to the appropriate city staff, Planning Commission and other review agencies.   
      (4)   Process.
         (a)   Developer makes application for subdivision (first phase of PUD, development stage plan) at least 21 days prior to Planning Commission meeting.
         (b)   Within 60 days of the submission, or such further time as may be agreed to by the applicant and city staff, the Planning Commission shall review the development stage plan and submit a written report and recommendations to the City Council. If the Planning Commission fails to make a report within 60 days after receipt of the application, then the City Council may proceed without the report. The report shall contain the findings and recommendations of the Planning Commission with respect to the conformity of the development stage plan to the approved general concept plan, with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the general concept plan, and with respect to the compliance of the development stage plan with the provisions of this code and all other applicable federal, state and local codes and ordinances.
         (c)   Within 30 days of receipt of the report and recommendations of the Planning Commission, the City Council shall conduct a public hearing on the plans. Within 60 days of the public hearing, the City Council will either grant approval, resubmit the plan to the Planning Commission for further consideration, or deny approval of the plan.
         (d)   Upon City Council approval, the City Attorney shall draw up a PUD agreement which stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, the City Clerk-Administrator and the applicant.
         (e)   Where the development stage plan is denied approval, City Council action shall be by resolution setting forth the reasons for its action. A certified copy of the document evidencing City Council action shall be delivered to the applicant. The applicant will have 60 days to submit a revised development stage plan to the Planning Commission according to Step 1 of this process. After the 60-day period, a revised general concept plan must be submitted to the Planning Commission unless otherwise arranged with the Zoning Administrator.
         (f)   If the general stage plan is denied approval three times within one year of the original submission date, the applicant will be required to submit a revised general concept plan according to division (D)(2) below.
      (5)   Limitation on detailed plan approval. Unless a final plan covering the area designated in the first stage of the development stage plan has been filed within six months from the date City Council grants development stage plan approval, or in any case where the applicant fails to file final plans and to proceed with development in accordance with the provisions of the code and/or an approved development stage plan, the approval shall expire. The City Council may, at its discretion, extend for not more than one additional period of six months the filing deadline for any final plan when, for good cause shown, the extension is necessary. In any case where development plan approval expires, the City Council shall forthwith adopt a resolution repealing the general concept plan approval and the development stage plan approval for that portion of the PUD that has not received final plan approval and re-establish the zoning and other ordinance provisions that would otherwise be applicable.
      (6)   Review and evaluation criteria. The evaluation of the proposed development stage plan shall include, but not be limited to, the following criteria.
         (a)   Adequate property control is provided to protect the individual owner’s rights and property values and the public responsibility for maintenance and upkeep.
         (b)   The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project resident and the general public.
         (c)   A sufficient amount of usable open space is provided.
         (d)   The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses.
         (e)   The architectural design of the project is visually compatible with the surrounding area. Architectural style or type of buildings shall not solely be a basis for denial or approval of the development stage plan. However, the overall appearance and compatibility of individual buildings to other site elements of surrounding development will be given primary considerations in the review stages of the Planning Commission and City Council.
         (f)   The drainage and utility system plans are submitted to the City Engineer and shall be subject to approval.
         (g)   The development schedule insures a logical development of the site which will protect the public interest and conserve land.
         (h)   Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
   (D)   Final plan.
      (1)   Purpose. The final plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting form the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.
      (2)   Submission of the final plan. Upon approval of the development stage plan, the applicant shall file with the City Clerk-Administrator a final plan consisting of the information and submissions required by the final plan stage, for the entire PUD or for one or more stages. The final plan is intended only to add detail to, and to put in final form, the information contained in the general concept plan and the development stage plan which shall conform to the development stage plan in all respects.
      (3)   Review of final plan. The City Engineer shall review the final plans to assure their compliance with the general concept and development stage plans. The City Engineer shall require appropriate revisions by the applicant wherever they do not so comply. The City Engineer shall report findings to the City Clerk- Administrator who shall notify the applicant in writing of approval of the final plan.
      (4)   City Council action. The City Council may approve the PUD final plan with a majority vote.
      (5)   Recording of final plan. Within 30 days of the City Clerk-Administrator’s notice of approval, the applicant shall record the final plan, or such portions thereof as are appropriate, with the county’s Register of Deeds or Register of Titles.
      (6)   Building and other permits. No building permit shall be granted on land for which a plan for a PUD is in the process of review or which does not conform to the approved final plan or for one phase of the final plan. Upon receiving notice from the City Clerk-Administrator that the approved final plan has been recorded and upon appropriate application of the applicant, building and other permits may be issued to the applicant if the following conditions are met:
         (a)   Public open space, if applicable, has been deeded to the city and officially recorded;
         (b)   A development contract has been approved and executed by all parties;
         (c)   The homeowner’s association, if applicable, by-laws, covenants and deed restrictions have been approved by the City Attorney and officially recorded;
         (d)   The construction plans for proposed structures have been approved by the City Building Official; and
         (e)   All detailed site plans have been approved by the City Council.
      (7)   Limitation of final plan approval. Within one year after the approval of a final plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within the period shall, unless an extension has been granted as hereinafter provided, automatically renders void the PUD permit and all approvals of the PUD plan. The area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances, and other ordinances, applicable in the district in which it is located. In such case, the City Council shall forthwith adopt a resolution repealing the PUD permit and PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable.
      (8)   Annual review. The Zoning Administrator shall review each Planned Unit Development at least once each year and shall make a report through the Planning Commission to the City Council on the status of the development in each PUD District. If development is not progressing reasonably well, according to schedule, the owner shall be required to submit a statement to the Zoning Administrator setting forth the reasons for the lack of progress. If the City Council finds that the development has not occurred according to the established development schedule or is not otherwise reasonable in the view of the City Council, the City Council may initiate rezonings to remove the Planned Unit Development district in any event. It shall not be necessary for the City Council to find the rezoning to a PUD district was in error.
(Prior Code, § 155.54) (Ord. passed 4-1-1997; Ord. 618, passed 5-6-2003)

§ 155.050 SUBMISSION REQUIREMENTS.

   The applicant shall submit a sufficient number of copies, as required by the City Clerk-Administrator, of the following exhibits, analyses and plans during the PUD review process.
   (A)   Certification of plans. All architectural and engineering plans shall be designed by a professional architect or engineer registered in the state. The site plans may be prepared by a professional site planner but must be certified by a registered engineer or architect.
   (B)   General concept plan.
      (1)   General information.
         (a)   The landowner’s name and address and their interest in the subject property;
         (b)   The applicant’s name and address if different from the landowner;
         (c)   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; and
         (d)   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 interest 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 Attorney may require to show the status of title or control of the subject property.
      (2)   Present status.
         (a)   The address and legal description of the subject property;
         (b)   The existing zoning classification and present use of the subject property and all lands within 500 feet thereof; and
         (c)   A map depicting the existing development of the subject property and all lands within 500 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the subject property.
      (3)   Written statement. A written statement generally describing the proposed PUD and the market which it is intended to serve, 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.
      (4)   Site conditions.
         (a)   Where deemed necessary by the city, graphic reproductions of the existing site conditions at a scale of not less than one inch equals 100 feet (or scale requested by City Engineer) shall be submitted and shall contain the following:
            1.   Contours: minimum two foot intervals;
            2.   Location, type and extent of tree cover;
            3.   Slope analysis;
            4.   Location and extent of water bodies, wetlands, and streams and flood plains within 300 feet of the subject property;
            5.   Significant rock outcropping;
            6.   Existing drainage patterns;
            7.   Vistas and significant views; and
            8.   Soil conditions as they affect development.
         (b)   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.
      (5)   Schematic drawing content. 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.
      (6)   Area estimates. 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 lest the following:
         (a)   Area devoted to residential uses;
         (b)   Area devoted to residential use by building type;
         (c)   Area devoted to common open space;
         (d)   Area devoted to public open space;
         (e)   Approximate area devoted to streets;
         (f)   Approximate area, and potential floor area, devoted to commercial uses; and
         (g)   Approximate area, and potential floor area, devoted to industrial or office uses.
      (7)   Schedule of construction. 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 stage and the overall chronology of development to be followed from stage to stage.
      (8)   Care and maintenance of open spaces or service facilities. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities shall be submitted. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted during the development stage.
      (9)   Restrictive covenants. General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.
      (10)   Market feasibility study. Where deemed necessary, a market feasibility study including an analysis of the proposal’s economic impact on the city shall be submitted.
   (C)   Development stage. Development stage submissions should depict and outline the proposed implementation of the general concept stage. This will be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to:
      (1)   Zoning classification required for development stage submission and any other public decision necessary for implementation of the proposed plan;
      (2)   Preliminary plans, drawn to a scale of not less than one inch equals 100 feet (or scale requested by the City Engineer) containing at least the following information:
         (a)   Proposed name of the development (which shall not duplicate, nor be similar in pronunciation to the name of any plat theretofore recorded in the county wherein the subject property is situated);
         (b)   Property boundary lines, dimensions of the property and any significant topographical or physical features of the property;
         (c)   The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, for proposed building and existing buildings which will remain, if any;
         (d)   The location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces, access alleys, and all other circulation elements including bike, pedestrian walkways and the total site coverage of all circulation element;
         (e)   Location, designation and total area of all common open space;
         (f)   Proposed lots and blocks, if any and numbering system;
         (g)   The location, use and size of structures and other land uses on adjacent properties;
         (h)   Preliminary sketches of proposed landscaping;
         (i)   General grading and drainage plans for the developed PUD; and
         (j)   Any other information that may be required by the Planning Commission or City Council in conjunction with the approval of the general concept plan.
      (3)   An accurate legal description of the entire area within the PUD for which final development plan approval is sought;
      (4)   A tabulation indicating the approximate gross square footage, if any, of commercial and industrial floor space by type of activity (e.g., drugstore, dry cleaning, supermarket);
      (5)   Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings, including mobile homes;
      (6)   A detailed site plan, suitable for recording, 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, structures, including mobile homes and uses;
      (7)   Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan;
      (8)   A preliminary and final plat prepared by a land surveyor, duly registered in the state, in accordance with M.S. Ch. 505, as it may be amended from time to time, which shall contain a notarized certification by such surveyor that the plat represents a survey made by the surveyor and that the monuments shown herein exist as located, and that all dimensions are correct, as required by M.S. § 505.03, subd. 1, as it may be amended from time to time, and a notarized certification by owner or owners of the adoption of the plat and the dedication of streets and other public areas as required by M.S. § 505.03, subd. 1, as it may be amended from time to time;
      (9)   A soil erosion control plan approved by the appropriate watershed districts, Department of Natural Resources or any other agency with review authority clearly illustrating erosion measures to be used during construction and as permanent measures;
      (10)   A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data;
      (11)   Such other and further information as the Planning Commission, City Engineer or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof; and
      (12)   The Planning Commission may, by a written order, excuse any applicant from submitting any specific item of information document required herein which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.
   (D)   Final plat stage. After approval of a general concept plan for the PUD and approval of a development stage plan for a section of the proposed PUD, the applicant will submit the following material for review by city staff prior to issuance of a building or other permits:
      (1)   Detailed landscaping plans;
      (2)   Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility;
      (3)   All certificates, seals and signatures required for the dedication of land and recordation of documents;
      (4)   Final architectural working drawings of all structures;
      (5)   Final engineering plans and specifi- cations for streets, utilities and other public improvements, together with a community/developer agreement for the installation of such improvements and financial guarantees for the completion of such improvements;
      (6)   Any other plan, agreements or specifications necessary for the city staff to review the proposed construction; and
      (7)   Title opinion by Council to developer showing good and marketable title in the names of the owners of the property. This opinion, together with an updated abstract should be submitted to the City Attorney for review.
(Prior Code, § 155.55) (Ord. passed 4-1-1997)

§ 155.051 AMENDMENTS AND ADMINISTRATION.

   (A)   Generally. Amendments may be made in the approved final plan when they have shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city.
      (1)   Minor changes in location, siting and height of buildings and structures may be authorized by the Zoning Administrator if requested, and if caused by unforeseen circumstances.
      (2)   All other changes in use, rearrangement of lots, blocks and open space must be authorized by the City Council and Planning Commission under procedures outlined in this chapter.
   (B)   Authorized changes. Changes may be authorized only under the following procedures:
      (1)   Minor extensions, alterations or modifications of existing structures may be authorized by the Zoning Administrator if they are consistent with the intent and purpose of the final plan and do not increase the size of any building or structure by more than ten percent than originally proposed in the development stage plan; and
      (2)   Changes in the use of common open space due to unforeseen circumstances which exceed the intent of the final plan may be authorized only by amendment to the final plan according to the procedures.
   (C)   Failure to begin PUD. If no construction has begun or no use established within 24 months of the approval of the final plan, the final plan shall lapse and no further development shall be allowed. The applicant must submit a new development stage plan according to the procedures outlined in this subchapter.
   (D)   Fees. The applicant shall pay a fee of $125 to the city before the submission of the general concept plan. The applicant shall provide, at its own expense, copies of all plans, records and reports requested by the City Clerk-Administrator or Planner. The applicant will pay a fee of $150 to the city upon submission of the development stage plan. No action will be taken on general concept plan or development stage plan until payment is made.
   (E)   Penalty. Any person who violates any provision of this subchapter shall be subject to the penalty provided in § 155.999 of this chapter. Each day that the violation is permitted to exist constitutes a separate offense.
   (F)   Effectuation/severability. It is hereby declared to be the intent that the provisions of this subchapter are separable in accordance with the following.
      (1)   If any court of competent jurisdiction shall adjudge any provisions of this subchapter to be invalid, the judgment shall not affect any other provisions of this subchapter not specifically included in the judgment.
      (2)   If any court of competent jurisdiction shall adjudge invalid the application of any portion of this subchapter to a particular property, building or other structure, the judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.
   (G)   Effective date of subchapter. This subchapter shall be in full force and effect from and after its passage, approval and publication as provided by law.
(Prior Code, § 155.56) (Ord. passed 4-1-1997)