An amendment to this chapter, including an amendment to the zoning map, may be initiated by the city council, the planning commission, the city staff or by petition of affected property owners, who are hereby defined to be the owners of the property to be rezoned. An amendment not initiated by the planning commission shall be referred to the planning commission for study and for a report. The city council shall not take action on any proposed amendments to this chapter, including zoning text changes and zoning map changes, until after they receive the recommendation about such a proposal or request from the planning commission.

The planning commission shall make a recommendation on all zoning map amendments within 45 days of the city receiving a complete application or request. The city council may act without a recommendation from the planning commission if the planning commission fails to meet the 45-day time limit for comment or recommendation.

The planning commission or city staff may refer design-related applications and matters (including, but not limited to, architectural design, site layout, landscaping and sign matters (including signs, off-site signs, billboards and comprehensive sign plans)) to the community design review board for their review and recommendation.

(Code 1982, § 36-481; Ord. No. 887, § 3, 5-5-2008)

State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 4.

The director of community development shall, upon petition of the owners of the property to be rezoned, fix a date for a hearing. Such petition shall be accompanied by an abstractor's certificate showing the names and addresses of all property owners within 350 feet of the property to be rezoned. The petition and certificate shall be filed with the director of community development and shall be accompanied by a completed application form and payment of a fee to defray the expenses of advertising, public hearing and other expenses incurred by the city in the handling of the petition. The amount of such fee shall be imposed, set, established and fixed by the city council, by resolution, from time to time.

(Code 1982, § 36-482)

No amendment to this chapter, including an amendment to the zoning map, shall be adopted until a public hearing has been held thereon by the planning commission or by the city council, as determined by the council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment 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 section has been made.

(Code 1982, § 36-483)

State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 3.

The city council may adopt and amend a zoning ordinance, including an amendment to this chapter which includes the zoning map, by a majority vote of all its members. An exception to this requirement is the adoption or amendment of any portion of a zoning ordinance that changes all or part of the existing classification of a zoning district from residential to commercial or industrial. In this case, the city council must approve such a change by a two-thirds majority vote of all its members.

(Code 1982, § 36-484; Ord. No. 815, § 1, 9-10-2001)

State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 2.

When the city council or the planning commission is required to consider an exception or change in this chapter, including the zoning map, in accordance with this chapter, the council or planning commission shall, among other things:

(1)

Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter.

(2)

Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

(3)

Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare.

(4)

Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools.

(5)

Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable.

(6)

Impose such conditions, in addition to those required, as are necessary to ensure that the intent of this chapter is complied with, which conditions may include but not be limited to harmonious design of buildings; planting and the maintenance of a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; and adequate standards of parking and sanitation.

(Code 1982, § 36-485)

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;

(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.

(Ord. No. 1014, § IV, 9-14-2020)

(a)

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. Information and advice from city staff shall not be construed to predict future city approvals.

(b)

If city council and planning commission input is desired by the applicant before formal submittal of a PUD, a sketch plan can be submitted to the city for review.

(1)

The sketch plan submittal should include a statement describing how the PUD requested meets the intent of a PUD identified in section 44-1166 above and shall be accompanied by a graphic sketch illustrating the proposed project and how it relates to surrounding properties.

(2)

The planner shall refer the sketch plan to the planning commission and city council for discussion, review and informal comment.

(3)

Any opinions or comments provided in response to the sketch plan by the planning commission or city council shall be considered advisory only and shall not constitute a binding decision on the request.

(c)

Planned unit developments (PUD) are processed using a preliminary development plan and final development plan process. When a preliminary plat and final plat are also required for the project, the director of community development shall have the discretion to allow the preliminary development plan and final development plan process to occur simultaneously when the complexity of the project will allow.

(d)

The preliminary development plan submissions shall include, but not be limited to, the submission requirements stipulated in chapter 34 for preliminary plats. The preliminary development plan and rezoning process shall follow the procedures stipulated in article VII, division 1, including a public hearing. The submittal shall include a preliminary development plan which includes the following:

(1)

Shows proposed location, use, setbacks, and size of areas for the various uses on the site, including public and private areas and open spaces with the suggested ownership and maintenance provisions of such areas.

(2)

Shows the general layout of the proposed external and internal circulation systems, indicating the proposed vehicular right-of-way of all proposed public streets, access drive locations, traffic control requirements, parking, and proposed vehicular, bicycle, and pedestrian circulation.

(3)

Includes conceptual landscape plan showing all natural areas to be altered or impacted by the development and areas where new landscaping will be installed, as well as other natural features to be conserved and any required buffer areas.

(4)

Includes a summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets, common areas, and open spaces, the number of dwelling units by type and density for each residential use area and the building height(s), and square footage as proposed for retail, office, industrial and institutional uses, by use area, and the number of parking spaces provided for each use area.

(e)

After approval of the preliminary development plan, the applicant may apply for a final development plan approval for all or a portion of the PUD.

(1)

The final development plan submissions shall include, but not be limited to, the submission requirements stipulated in chapter 34 for final plats. The submittal shall include a final development plan that includes the following:

a.

Shows all lot lines and easements with dimensions. Delineates and identifies areas to be dedicated or reserved for public use and any areas to be reserved by deed covenant for the common use of all property owners, listing who will maintain such areas.

b.

Shows dimensions and locations of proposed structures, buildings, streets, parking areas, bicycle and pedestrian circulation, common areas, open spaces, and other public or private facilities.

c.

Shows locations of existing and proposed structures including fences, walls, signs, refuse containers, and lighting.

d.

Includes a summary table showing total acres of development, the number of acres to be devoted to each type of use, the number of proposed dwelling units (if applicable), building square footage, number of parking spaces, impervious surface area and acreage devoted to open space and other public facilities.

(2)

The final development plan shall be heard before the city council.

(3)

The final development plan is 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.

(4)

Should the final development plan be revised by the applicant beyond the allowed plan modifications outlined in section 44-1169, a new preliminary development plan shall be reviewed and approved simultaneously following the process outlined for a preliminary development plan process, including a public hearing and consideration by the planning commission and city council.

(f)

While the rezoning is approved during the preliminary development plan stage, the final rezoning to the planned unit development (PUD) district becomes official upon adoption of the final development plan. The rezoning shall create a new planned unit development (PUD district) within article II, division 15.

(g)

The development of the property in a planned unit development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require an amendment to the planned unit development as described in section 44-1169.

(Ord. No. 1014, § IV, 9-14-2020)

(a)

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 section 44-1166.

(b)

Common open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protections:

(1)

Except for routine maintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water.

(2)

The exterior storage of vehicles or other materials shall be prohibited. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construction project.

(3)

If on a public water, uncontrolled beaching of watercraft shall be prohibited.

(c)

Owners' association. All planned unit developments with common open space must have an owners' association with the following features:

(1)

Each lot owner must be a member.

(2)

Each member must pay a pro rata share of the association's expenses, and unpaid association assessments can become liens on units or sites.

(3)

Association assessments must be adjustable to adapt to changing conditions.

(4)

The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities.

(d)

The city shall designate PUDs on the official city zoning map.

(Ord. No. 1014, § IV, 9-14-2020)

(a)

A request for an amendment shall be sought when there is a change to the approved planned unit development (PUD) district, including an approved preliminary development plan.

(b)

Classification of the amendment.

(1)

An amendment shall be classified as a minor amendment if no substantive changes are proposed. Substantive change shall be determined by the director of community development based on all of the following factors:

a.

The uses proposed are pre-existing uses, allowed in the original approval, or permitted in the underlying zoning district.

b.

The amendment does not result in a significant increase in density.

c.

The amendment does not reduce setbacks or applicable performance standards.

(2)

An amendment shall be classified as a major amendment if the director of community development determines it does not meet the classification of a minor amendment as described in subsection (a) above.

(c)

Process.

(1)

A pre-application meeting pursuant to section 44-1167(a) is required prior to submitting an amendment to a PUD.

(2)

The director of community development shall determine whether the amendment proposed is a minor or major amendment.

(3)

Review process.

a.

The director of community development shall review the application and refer it to applicable city staff for review.

b.

The appropriateness of a minor amendment shall be considered by the director of community development using the same criteria as used in establishing a PUD district. The director of community development shall determine whether the application will be granted, denied or if consideration by the planning commission and city council is needed.

c.

An application deemed to be a major amendment shall follow the same procedures set forth in section 44-1167 for a new PUD district, including consideration by the planning commission and city council.

(Ord. No. 1014, § IV, 9-14-2020)