This section applies to planned unit development conditional use permits. A planned unit development (PUD) is a tract of land developed as a unit under single or unified ownership or control, and which generally includes two or more principal buildings or uses, but may consist of one building containing a combination of principal and supportive uses. The planned unit development (PUD) process is an approach to development that provides a comprehensive procedure intended to allow greater flexibility in the zoning process than would be possible under conventional district standards. A PUD may allow modifications to zoning and subdivision requirements such as lot size and dimensions, rights-of-way and street widths, housing types and building setbacks, as well as allow zero-lot line development. The goals of the PUD may include the following:

(1)

To meet the goals and policies of the comprehensive plan while preserving the health, safety, and welfare of city residents;

(2)

To encourage creative and efficient development of land and its improvements that is not possible under strict application of zoning and subdivision requirements;

(3)

To allow for the potential mixture of compatible uses in an integrated and well-planned area;

(4)

To facilitate the economical and efficient provision of streets and public utilities, prevent development that would burden the existing tax base or occur in areas without adequate public improvements, and preserve natural features and desirable site characteristics;

(5)

To permit developments that are compatible with established and proposed surrounding land uses and provide benefits to the city and to the general public to justify any necessary exceptions to the zoning and subdivision ordinances.

(Ord. of 02-20-2020(3))

(a)

General. Uses within the PUD may include only those uses associated with the general land use category shown for the property on the official comprehensive land use plan and within the underlying zoning district or districts, unless the city approves other uses and they are specifically listed in the PUD conditional use permit or conditions of approval. The uses in PUDs approved in the RE, R1-A and R-1 districts shall not permit multi-family residential uses. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the approval of the development plan. Any change in the uses presented in the development plan shall be considered an amendment to the PUD and shall follow the procedures specified sections 36-263 and 36-265, as applicable.

The minimum area for a PUD shall generally be ten acres in all zoning districts. The city may permit a smaller PUD area in order to meet the goals of the Comprehensive Plan.

Multi-family residential uses in the R-2 District shall require a PUD and a minimum area of ten acres unless the proposed development is adjacent to an existing multifamily residential use.

(b)

Density.

(1)

In any PUD the maximum number of dwelling units allowed shall not exceed the base density identified in the land use districts in the comprehensive plan, except that density bonuses and density transfers consistent with the comprehensive plan and any adopted city policies may be granted if the proposed project meets certain objectives of the city as identified in the comprehensive plan. These objectives include but are not limited to meeting lifecycle or other identified housing needs, sustainability, and natural resource protection.

(2)

Density bonuses and transfers within the PUD may be allowed provided the project area is at least 40 acres in size; however, this area requirement may be reduced to a minimum of five acres for any major subdivision within the MRCCA District or Bluffland Overlay District when the project provides for the dedication of needed public infrastructure or protection of natural resources and permanent open space dedication.

(3)

If the property involved in the PUD includes land in more than one zoning district, the number of dwelling units or the square footage of commercial, industrial or institutional uses in the PUD shall be proportional to the amount that would be allowed separately on the parcels located in each of the underlying zoning districts.

(Ord. of 02-20-2020(3))

(a)

The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to achieve:

(1)

Coordination between the proposed development and surrounding land uses;

(2)

The protection and conservation of woodlands, wetlands, blufflands, and primary conservation areas within the Mississippi River Corridor;

(3)

The potential for more efficient use of land, energy, infrastructure, and natural resources, protection of water resources and conservation of natural resources.

(4)

The protection of health, safety, and welfare of the community and residents of the PUD;

(5)

Benefit to the city and the public interest.

(b)

To these ends, the city council shall consider the location and compatibility of buildings, parking areas and other features with respect to the topography of the area and existing natural features; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas; the adequacy, location and screening of parking areas; and such other matters as the council may find to have a material bearing upon the stated standards and objectives of the comprehensive land use plan.

(Ord. of 02-20-2020(3))

If the PUD requires the subdivision of land and platting, subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the PUD conditional use permit. The applicant shall submit the application materials and plans required under this section in a form that shall satisfy the requirements of the chapter 28, subdivisions, for the preliminary and final plat. For purpose of administrative simplification, the public hearings required for the PUD conditional use permit, preliminary plat, and any potential rezoning of property may be combined into one hearing or may be held concurrently.

(Ord. of 02-20-2020(3))

(a)

Minor changes. Minor changes in the location, placement and dimensions of structures or of outdoor use areas, or in the size and configuration of dwelling units, may be authorized by the zoning administrator, if requested by the applicant, because of engineering or other circumstances not foreseen at the time the final plan was approved and filed with the zoning administrator.

(b)

Significant changes. If there are changes proposed to the PUD after it has been approved and filed which, in the opinion of the zoning administrator are significant, such changes shall only be allowed after approval by the city council following a public hearing and recommendation from the planning commission. This includes changes in the uses themselves, significant changes in the location, size, or height of structures, any significant rearrangement of lots, blocks and building tracts, changes in the provision of common open spaces, and all other changes to the approved final development plan deemed significant by the zoning administrator. Any changes shall be recorded as amendments to the recorded copy of the final development plan.

(c)

Other restrictions. The provisions of this chapter applicable to the original zoning district or districts within which the planned unit development is established shall apply to the PUD except as otherwise provided for in approval of the final plan.

(d)

Rezoning. If substantial development has not occurred within a reasonable period of time after approval of the PUD, the city council may instruct the planning commission to initiate rezoning to the original zoning district. It shall not be necessary for the city council to find that the rezoning was in error.

(Ord. of 02-20-2020(3))

(a)

Development schedule. The planning commission shall compare the actual development accomplished in the various PUD zones with the approved development schedule.

(b)

Extension of time. Upon recommendation of the planning commission and for good cause shown by the property owner, the council may extend the limits of the development schedule.

(c)

Role of construction. The construction and provision of all of the common open space and public and recreational facilities which are shown on the final development plan shall proceed at the same rate as the construction of dwelling units, if any. The zoning administrator shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If he or she finds that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he or she shall forward this information to the council for action.

(d)

Financial guarantee. Subsequent to the execution of the development agreement but prior to the release of a signed final plat mylar for recording, the applicant shall provide the city with a financial guarantee in the form of a letter of credit or performance bond to guarantee performance by the developer. The city shall stipulate the amount of this guarantee and the specific elements of the development program that it is intended to guarantee in the development agreement.

(Ord. of 02-20-2020(3))

(a)

Controlling plan. After the certificate of occupancy has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the PUD shall be governed by the final development plan.

(b)

Changes. After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan except upon application as provided below:

(1)

Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the zoning administrator if they shall be consistent with the purposes and intent of the final plan. No change authorized by this section may increase the cubic volume of any building or structure by more than ten percent.

(2)

Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under this section.

(3)

Changes in the use of the common open space may be authorized by an amendment to the final development plan under this section.

(4)

Any other changes in the final development plan shall be authorized by an amendment of the final development plan as provided for in section 36-47, abandonment of conditional use or variance.

(Ord. of 02-20-2020(3))

There may be four stages in the PUD process: pre-application meeting, concept plan, preliminary plan, and final plan, as described below. The application shall not be considered complete until the final plan has been filed.

(1)

Pre-application meeting. Prior to filing an application for a PUD, the applicant shall meet with the zoning administrator to discuss the proposed project relative to community development objectives for the area and to learn the procedural steps and submittals required. This includes the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit a simple sketch plan at this stage for informal review and discussion. The applicant is urged to seek the advice and assistance of city staff during the meeting.

(2)

Concept plan.

a.

Purpose. The applicant shall present a concept plan to the zoning administrator, and at the discretion of the zoning administrator, to the city's staff and consultants. The concept plan may be presented at the pre-application meeting. The concept plan provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. The process is also intended to allow the city to identify potential issues and concerns at an early stage of development. Any opinions or comments provided on the concept plan shall be considered advisory only and cannot be construed as approval or denial of the proposed plat.

b.

Concept plan application. The concept plan submittal shall include an application with a written summary of the proposal on an official application form. The applicant's signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner The application shall be accompanied by a fee as set forth by the city's adopted fee schedule and the following:

1.

General location map showing the site in relation to the surrounding area and important elements, including major roadways, public facilities, and proposed land uses with approximate types and intensities of development.

2.

Written narrative addressing proposed uses, housing types, density, public or private amenities, parks and open space, and the experience and financial capacity of the proposed developers. The narrative should address how the city's values, as identified in the comprehensive plan, are incorporated into the design of the overall development.

3.

General location of streets, sidewalks, trails or other rights-of-way and significant easements.

4.

General location and extent of wetlands, natural areas, and public and common open space.

5.

General staging and time schedule of the development.

6.

Other special criteria for the development.

c.

The zoning administrator shall refer the concept plan to the appropriate staff and consultants for review and preparation of informal comments on the concept plan and shall schedule a review of the concept plan at a planning commission meeting including a public hearing. The zoning administrator shall provide public notice of the meeting at which the planning commission will review the concept plan. The zoning administrator may also refer the concept plan to other city advisory commissions or the city council at his or her discretion.

d.

The planning commission shall hold the public hearing and review the concept plan with the project proposer and provide comments on the concept plan. The planning commission shall have the prerogative and authority to refer the concept plan to the city council for discussion, review, and informal comment. The planning commission and/or city council will take no formal or informal action at this stage of review and discussion that occurs at this stage cannot be construed as approval or denial of the proposed plat.

(3)

PUD conditional use permit.

a.

Application procedure. An applicant shall make an application for a PUD conditional use permit following the procedural steps as set forth in section 36-45, conditional use permit. In addition to the requirements in 36-45 (c), the following exhibits and written narratives shall be submitted to the zoning administrator by the proposed developer as a part of the application for a PUD conditional use permit:

1.

Preliminary plat information required by section 28-63.

2.

General information.

i.

The landowner's name and address and his or her interest in the subject property.

ii.

The applicant's name and address if different from the landowner.

iii.

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.

iv.

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 interests 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.

3.

Present status:

i.

The address and legal description of the property.

ii.

The existing zoning classification and present use of the subject property and all lands within 500 feet of the property.

iii.

A map depicting the existing development of the property and all land within 500 feet thereof and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the property.

iv.

Existing site conditions: Maps or plans showing the existing site conditions at a scale of one inch equals 100 feet (1" = 100').

A.

Contours; minimum two-foot intervals.

B.

Location, type, and extent of tree cover.

C.

Slope analysis.

D.

Location and extent of water bodies, wetlands and streams and flood plains within 300 feet of the property.

E.

Significant rock outcroppings.

F.

Existing drainage patterns.

G.

Vistas and significant views.

H.

Soil conditions as they affect development.

All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays shall be recommended for clear reference.

4.

Proposed development.

i.

A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the city's comprehensive plan and how the proposed PUD shall 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. The statement shall include an explanation of the character of the planned development and the manner in which it has been planned to take advantage of the PUD regulations, including a list of all proposed deviations from the standard zoning regulations and an explanation as to why these deviations provide a public benefit.

ii.

Schematic drawing of the proposed development concept including but not limited to the general location of major circulation elements (roadways, trails, sidewalks), public and common open space, residential and other land uses.

iii.

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 least 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 devoted to, and number of, off-street parking and loading spaces and related access.

G.

Approximate area, and floor area, devoted to commercial, industrial, office or other use.

iv.

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 the stages or units shall be submitted stating the approximate beginning and completion date for each 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 stage and overall chronology of development to be followed from stage to stage.

v.

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.

vi.

Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

vii.

Schematic utilities plans indicating placement of water, sanitary and storm sewers.

viii.

The zoning administrator, at his or her discretion, may excuse an applicant from submitting any specific item of information or document required in this stage which it finds to be unnecessary to the consideration of the specific proposal.

ix.

The zoning administrator, at his or her discretion, may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD.

5.

Final plan stage. Final plan submissions should depict and outline the proposed implementation of the preliminary plan stage for the PUD. Information from the preliminary plan stage may be included for background and to provide a basis for the submitted plan. The final plan submissions shall include at least the following:

i.

An accurate legal description of the entire area within the PUD for which final development plan approval is sought.

ii.

A tabulation indicating the number of residential dwelling units and expected population.

iii.

A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning, supermarket).

iv.

Preliminary architectural "typical" plans indicating use, floor, plan, elevations and exterior wall finishes of proposed buildings.

v.

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, structure, including mobile homes, and uses.

vi.

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.

vii.

Soil erosion control plan acceptable to watershed districts, department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

viii.

A final plat and information required by the city subdivision regulations in this Code.

b.

Schedule.

1.

After the concept plan review, the applicant shall file the PUD conditional use permit application and preliminary plat, together with all supporting data.

2.

The planning commission shall hold a public hearing on the PUD conditional use permit and preliminary plat application.

3.

The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing and written notification of the hearing shall be mailed at least ten days prior thereto to owners of land within 500 feet of the boundary of the property in question.

4.

The city may request additional information from the applicant concerning operational factors, such as traffic, drainage, utilities, etc., or retain expert testimony at the expense of the applicant concerning operational factors.

5.

The council may hold a public hearing after the receipt of the report and recommendations from the planning commission. Upon receipt of the commission's recommendation, or within 60 days after receipt of the completed application, the city council may proceed without the report. The council may approve the PUD preliminary plan and attach such conditions as it shall deem reasonable.

6.

Following PUD preliminary plan approval, if given, the applicant shall submit the final plan application and final plat. The application shall proceed and be acted upon in accordance with zoning district changes. If appropriate because of the limited scale of the proposal and at the discretion of the zoning administrator, the preliminary plan and final plan stages may proceed simultaneously. The city shall complete a development agreement with the applicant that includes the approved conditions, schedule, and other information deemed appropriate by the city.

(Ord. of 02-20-2020(3))

(a)

In addition to the criteria and standards set forth in section 36-45 for the granting of conditional use permits and section 36-261, the following additional findings shall be made before the approval of the PUD conditional use permit:

(1)

The proposed PUD is designed to form a desirable and unified environmental within its own boundaries.

(2)

The PUD is consistent with the planned and efficient provision of public improvements and would not burden the existing tax base or create development in areas without adequate infrastructure or public facilities.

(3)

The PUD can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. The proposed uses will not be detrimental to potential surrounding uses.

(4)

The tract under consideration is under single ownership or control.

(5)

The PUD plan provides for the creation, preservation, or restoration of natural resources such as valuable habitat, lakes, streams, shorelands, floodplains, woodlands, steep slopes, and similar areas.

(6)

Each phase of the development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated.

(7)

Any common elements proposed as part of the PUD are appropriate for the scale, location, shape, size, density, and topography of the development and must be suitably improved for the intended use(s) except that significant natural features may be preserved or restored.

(8)

The project area is at least ten acres in size unless the applicant can show that a PUD of less acreage meets the standards and purposes of the comprehensive plan, that the proposal better adapts itself to the site and with the surrounding land uses than could be developed using strict standards within the underlying zoning district.

(Ord. of 02-20-2020(3))