North Mankato City Zoning Code
PLANNED UNIT
DEVELOPMENTS
§ 156.095 AUTHORITY.
The City Council may, in accordance with the procedures and standards set forth in this section, and other standards and regulations applicable to the district in which the subject property is located, approve by ordinance, planned unit developments for uses as listed within each zoning district.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.096 PURPOSE.
The purposes of this subchapter are:
(A) Comprehensive Plan goals. To meet the goals of the Comprehensive Plan and preserve the health, safety and welfare of North Mankato's citizens by encouraging creative and efficient development of land and infrastructure and preservation of natural features and amenities that would not be permitted under the more restrictive application of zoning requirements.
(B) Mix of uses. To allow for a complementary mixture of uses in an integrated and well planned area within a single zoning district.
(C) Integrate natural resources. To ensure contiguous and well-planned open space and preservation of the site's natural resources.
(D) Public utilities. To facilitate economic and sustainable investment in streets and public utilities.
(E) Community assets. To facilitate sustainable building design and site layout, recreational uses and institutional uses.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.097 PUBLIC BENEFIT.
The public benefits to the surrounding neighborhood and the city as a whole that are intended to be derived from the approval of a planned unit development include, but are not limited to:
(A) Consistency with the goals of the Comprehensive Plan.
(B) Preservation and enhancement of desirable site characteristics and open space.
(C) A pattern of development which preserves natural vegetation, topographic and geologic features.
(D) Preservation and enhancement of historic and natural resources that significantly contribute to the character of the city.
(E) Integration of proposed development with existing or proposed development in the areas surrounding the project site in a harmonizing way.
(F) Use of design, landscape, or architectural features to create a pleasing environment or other special development features.
(G) Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation.
(H) Business and commercial development to enhance the local economy and strengthen the tax base.
(I) The efficient use of land resulting in more economic networks of utilities, streets, schools, public grounds, buildings, and other facilities.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.098 APPLICABILITY.
The PUD regulations are applicable in all zoning districts where PUDs are a conditional use. The PUD regulations can be used for developments meeting the following criteria:
(A) Minimum Area. A planned unit development proposed for any parcel or tract of land under single or multiple ownership or control shall have a minimum net site area for each zoning district as set forth below.
(1) Residential Districts Minimum Area
R-A, Residential Agricultural District Two (2) acres
R-1, One-Family Dwelling District Two (2) acres
R-1S, One Family Dwelling, small lot Two (2) acres
R-2, One- and Two-Family Dwelling District Two (2) acres
R-3, Limited Multiple Dwelling District Two (2) acres
R-3A, Medium Density Residential Two (2) acres
R-4, Multiple Dwelling District Two (2) acres
OR-1, Office-Residential District Two (2) acres
(2) Downtown Districts Minimum Area
CBD, Central Business District One-half (.5) acre
(3) Business Districts Minimum Area
B-1, Neighborhood Business District Two (2) acres
B-2, Community Business District Two (2) acres
B-3, General Commercial District Two (2) acres
(4) Industrial Districts Minimum Area
1-1, Planned Industrial District Five (5) acres
M-1, Light Industry District Five (5) acres
M-2, Heavy Industry District Five (5) acres
(B) Minimum number and configuration of buildings, uses. A development that includes 2 or more principal buildings or uses but which may consist of 1 building containing a combination of principal and supportive uses.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.099 FLEXIBILITY ON ZONING STANDARDS.
PUDs may allow subdivision and development design elements not otherwise permitted in some zoning districts if specific conditions are met, provided the design meets the general standards for development in this section.
(A) Elements for flexibility. The subdivision and development design elements that are granted flexibility include:
(1) Non-standard lot sizes;
(2) Higher density of housing units;
(3) Reduced rights-of-way;
(4) Broader range of housing types;
(5) Land use mix; and
(6) Zero lot lines and other modifications to minimum building setbacks.
(B) Conditions for flexibility. The conditions required for flexibility on zoning regulation shall advance the North Mankato Comprehensive Plan goals as identified in that document.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.100 EFFECT ON EXISTING ZONING.
The granting of a PUD conditional use permit does not alter in any manner the existing zoning district classification except that building permits shall not be issued which are not in conformity pursuant to an approved PUD conditional use permit and development agreement. Whenever a question arises concerning the interpretation of this section, it shall be the duty of the Planning Staff and Planning Commission to ascertain all facts concerning the question and forward all data and a recommendation to the City Council for a determination.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.101 PERMITTED USES.
Uses not otherwise allowed in the zoning district are prohibited within a PUD unless specific provisions are made and listed in the PUD conditional use permit or conditions of approval. A PUD may include varied and compatible land uses within 1 defined development. Uses may include:
(A) Dwelling units in attached, detached, clustered, and multifamily structures or combinations thereof.
(B) Commercial, office and industrial uses.
(C) Supporting community facilities, parking facilities and institutional uses.
(D) Parks, recreational facilities and open space.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.102 DENSITY.
In any planned unit development the maximum number of dwelling units allowed shall not exceed the density identified for that site in the Comprehensive Plan, except as noted below.
(A) Consistency with Comprehensive Plan goals. Density increases inconsistent with the zoning code may be allowed if the proposed development can be demonstrated to better meet Comprehensive Plan goals, objectives and policies.
(B) Optional waiver of lot size, setback requirements. Zoning and subdivision standards relating to lot size and setbacks may be modified when a PUD is submitted for approval. Increased residential densities and open space areas may be subject to additional design conditions that are necessary, in the judgment of the City of North Mankato, to meet Comprehensive Plan goals.
(C) Minimum lot size for single-family homes. Up to 40% of single-family detached home lots in a single development may use reduced lot areas. Lot areas must have a minimum of 4,000 contiguous square feet of buildable area. Buildable area must be unencumbered by setbacks, public easements and other physical constraints (such as topography or similar features).
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.103 COORDINATION WITH SUBDIVISION REGULATIONS.
(A) Simultaneous subdivision review. Subdivision review must be carried out simultaneously with the review of a planned unit development.
(B) Preliminary and final plats. The plans required under this subchapter must be submitted in a form that will satisfy North Mankato's subdivision requirements for the preliminary and final plats as seen in Ch. 155 of North Mankato's city code.
(C) Flexibility of subdivision standards. Flexibility of design standards and criteria of North Mankato's subdivision ordinance may be allowed as part of a planned unit development.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.104 APPLICATION PROCEDURE.
(A) Pre-application meeting. Prior to the submission of any plan to the planning and zoning commission, the applicant shall meet with the Community Development Director to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps and exhibits required. This includes the procedural steps for a conditional use permit, preliminary plat, and a general development plan. The applicant may submit a simple sketch plan at this stage for informal review and discussion. The applicant is urged to follow the advice and assistance of the city staff to facilitate the review of the general development plan and preliminary plat.
(B) Neighborhood meeting. Prior to submission of any preliminary plat to the Planning Commission, the Developer shall hold a neighborhood meeting to include those residing within 350 feet from the proposed development. The Developer shall provide a detailed, scaled layout of the proposed development and incur all costs associated with the provision of the meeting.
(C) Preliminary Development Plan. The following information and documents shall be filed as part of the General Development Plan.
(1) Application. An applicant shall make an application for a conditional use permit following the procedural steps as set forth in the conditional use regulations seen in § 156.055.
(2) Additional requirements for PUD. In addition to the criteria and standards set forth under § 156.055, the following additional findings shall be made by the Developer and reviewed by staff before the approval of the development plan:
(a) Comprehensive Plan. The proposed PUD is in conformance with the Comprehensive Plan.
(b) Neighboring impacts. The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses.
(c) Phasing. Each phase of the proposed 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.
(d) Public facility capacity. The PUD will not create an excessive burden on parks, schools, streets, and other public facilities and utilities, which serve or are proposed, to serve the area.
(e) Unified development. The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries.
(3) Required exhibits and narratives. The following exhibits and written narratives shall be submitted to the Community Development Director by the proposed Developer as a part of the application for a conditional use permit:
(a) Character. An explanation of the character of the planned unit development and the manner in which it has been planned to take advantage of the planned development regulations.
(b) Ownership. A list of the present ownership of all the land included within the planned development and a list of property owners within 350 feet of the outer boundaries of the property as obtained through county records.
(c) Schedule. A general indication of the expected schedule of development including progressive phasing and time schedule.
(d) Mapped information. A map giving the legal description of the property including approximate total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easements, street right-of-ways, utilities, and buildings on the property.
(e) Natural features. Natural features, maps of the property showing contour lines at no more than 2-foot intervals, drainage patterns, wetlands, vegetation.
(f) Proposed land uses. A scaled map indicating proposed land uses including housing units and types, vehicular and pedestrian circulation, and open space uses.
(g) Government services. Full description as to how all necessary governmental services will be provided to the development including sanitary sewers, storm sewers, water systems, streets and other public utilities.
(h) City code compliance. Calculations showing conformance with all lot size, density, setbacks, and ground coverage requirements.
(i) Additional information. Any additional information requested by the city staff, the planning and zoning commission and City Council that may be required for clarification of the proposed project.
(j) Copies. Twenty copies of all required information shall be submitted.
(k) Subdivision process. The applicant shall submit a preliminary plat for all or that portion of the project to be platted including all the necessary documentation required under North Mankato's subdivision ordinance, Ch. 155 of North Mankato's city code. For purposes of administrative simplification, the public hearings required for the conditional use permit and preliminary plat may be combined into 1 hearing or may be held concurrently.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.105 FINAL DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT.
(A) Final plan to include all required modifications. The final development plan with recommended modifications, if any, and if necessary, the modified preliminary plat, shall be filed with the Community Development Director containing the information required in the general development plan plus any changes recommended by the Planning Commission and the City Council as a result of the public hearing.
(B) Final plat. The applicant shall also submit a final plat for all or that portion to be platted. The final general development plan shall be submitted with the first final plat which shall conform to the approved general development plan and approved preliminary plat. Such plats may be submitted in smaller increments as may be economical to finance or construct at one time. This plan shall include any recommended changes by the Planning Commission or City Council to the original general development plan and original preliminary plat.
(C) Development agreement required. A development agreement, signed by the applicant and noting all conditions of the final development plan, shall be submitted with the final plat. The development agreement shall include an expiration date consistent with the phasing of the project.
(D) Review of final documents. The Council shall review the final development plan and final plat. If the final development plan is approved by the Council, the Community Development Director shall issue a conditional use permit to the applicant.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.106 ENFORCEMENT OF DEVELOPMENT SCHEDULE.
The construction, restoration, and other provisions of all of the common open spaces, public and recreational facilities, renewable energy or low-impact development infrastructure, or other required amenities identified in the final development plan and development agreement must proceed at the same phase of the construction of dwelling units and commercial buildings. From time to time the Community Development Director may review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If the Community Development Director finds that the rate of construction of dwelling units is greater than the rate at which open space, public and recreational facilities, renewable energy, or other amenities have been constructed and provided, the administrator shall forward this information to the Council, which may modify or revoke the conditional use permit.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.107 CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE.
(A) Homeowners' Association required. A homeowners' association or similar organization must be created if the PUD includes common open space.
(1) The common open space must be permanently restricted to the uses specified on the final development plan, either by:
(a) Assigning covenants, to be approved by the North Mankato City attorney, restricting the common open space to its designated purpose and providing for long-term maintenance in a manner that assures its intended purpose.
(b) Placing conservation easements on the open space that restrict the open space to its designated purpose and provide for long-term maintenance that assures its intended purpose. The easements shall be held and managed consistent with Minnesota Statute.
(2) The applicant shall submit all required homeowners' association documents to the North Mankato City Attorney and planning staff 2 months prior to final plat approval and must include the following:
(a) Ownership and membership requirements.
(b) Articles of incorporation and bylaws.
(c) Time at which the developer turns the association over to the homeowners.
(d) Approximate monthly or yearly association fees for homeowners.
(e) Specific listing of items owned in common, including such items as roads, recreation facilities, parking, common open space grounds, and utilities.
(f) Management plans for items owned in common.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.108 STANDARDS FOR COMMON OR OPEN SPACE.
No open area may be approved as common open space under the provisions of this subchapter unless it meets the following standards:
(A) Suitable for development. The location, shape, size, and character of the common open space must be suitable for the planned development.
(B) Uses of open space. Common open space must be used as a natural amenity or for recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.
(C) Required improvements. Common open space must be suitably improved for its intended use but common space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.
(D) Other outlots. Outlots to be dedicated for public park, ponding or other purposes shall be deeded to North Mankato before the final plat is released for recording.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.109 REVIEW AND AMENDMENTS.
(A) Commencement of development. From time to time the Community Development Director may review PUDs within North Mankato and may make a report to the Council on the status of non-compliance for a particular PUD. If the Community Development Director finds that the development has not commenced within 1 year after the original approval of the conditional use for the PUD, the Community Development Director may recommend that the Council extend the time or revoke the conditional use permit as set forth in North Mankato's conditional use process. Prior to cancellation or revocation of this permit, the Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard.
(B) Additional phases. For additional phases of the PUD, if within 5 years the project has not progressed, the Community Development Director may recommend that the Council determine what action will be taken with the remainder of the project. Prior to determining the outcome of the PUD, the Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard.
(C) Minor changes. Minor changes in the location, placement, and heights of the buildings or structures may be authorized by the Community Development Director if required by engineering or other circumstances not foreseen at the time the final plan was approved.
(D) Major changes require new Development Agreement. Major changes, such as rearrangement of lots, blocks and building tracts require a public hearing and renegotiated development agreement. All changes shall be consistent with the purpose and intent of the original approved final development plan and the Comprehensive Plan. All amendments to the development agreement shall require the same procedures as for the application for a conditional use permit as set forth in North Mankato's ordinances.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.110 GENERAL REQUIREMENTS.
(A) Records. The Community Development Director shall maintain a record of all PUD districts approved by the city, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the Community Development Director may deem appropriate.
(B) Withdrawal of an application. Any application under this chapter may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon.
(C) Platting of a PUD. In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures of Ch. 155 of North Mankato's city code. The preliminary plat shall be processed in conjunction with the development stage plan. A separate action on the final plat shall be processed before the City Council prior to or in conjunction with the final stage of the PUD.
(D) Conveyance of property within a PUD. In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this chapter shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the development plan for a project.
(E) Agreement/financial guarantee. Following the approval of the development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of:
(1) A development contract; and/or
(2) Site improvement performance agreement; and/or
(3) Another form of legally binding instrument as may be required by the city.
(Ord. 65, 4th Series, passed 3-2-2015)
§ 156.999 PENALTY.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure or land is used in violation of this chapter, the violation is declared and shall be a public nuisance, and in addition to other remedies, the Council may:
(A) Institute action. Authorize and direct the Zoning Administrator to institute, on behalf of the city, any proper action or proceeding to abate said nuisance; or
(B) Set hearing. Set a time and place for public hearing before the Council at which time the Council shall determine whether or not a public nuisance exists as hereinabove provided and if said nuisance is found to exist, shall proceed to order the same abated. In the event the owners or occupiers of such property neglect or refuse to abate the same within 30 days following such determination, the Council may authorize said abatement to be accomplished at the expense of the owners or occupiers and shall have the right to assess the same against the property and to make, enforce and collect such assessment in the same manner as provided for local improvements for benefits made. At least 10 days prior to the date of said hearing a notice thereof shall be published once in the official newspaper and mailed notice sent to the owners or occupiers of the land as determined by the tax records then existing. The Zoning Administrator shall have the powers of a police officer to prevent the occupancy of any such building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
(1975 Code, § 11.27, Subd. 3)