Planned unit development authorization may allow the following:

(1)

Variety. Within a comprehensive site design concept a mixture of land uses, housing types and densities.

(2)

Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with conventional zoning, which can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics.

(3)

Efficiency. The consolidation of areas for recreation and reductions in street lengths and other utility related expenses.

(4)

Density transfer. The project density may be clustered, basing density on number of units per acre versus specific lot dimensions.

(5)

District integration. The combination of uses which are allowed in separate zoning districts, such as:

a.

Mixed residential allows both densities and unit types to be varied within the project.

b.

Mixed residential with increased density acknowledging the greater sensitivity of PUD projects; regulation provides increased density on the property if a PUD is utilized.

c.

Mixed land uses with the integration of compatible land uses within the project.

(6)

Applicability. Utilization of this zoning district is limited to the Highway 12 Corridor as set forth in the city's comprehensive plan amendment No. 2, adopted May 23, 1988; and to the Navarre area as set forth in the city community management plan adopted September 13, 2010.

(Code 1984, § 10.53(1); Code 2003, § 78-1001; Ord. No. 132(3rd series), § 1, 1-26-2015)

Uses within the PUD may include only those uses designated on the official comprehensive land use plan. Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses, and those uses shall become permitted uses with the acceptance of the development plan. Any change in list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures specified in section 6.12.4250.

(Code 1984, § 10.53(2); Code 2003, § 78-1002)

(a)

For the purpose of administering this article, the city shall apply the standards contained in the conventional zoning district that is most similar to the proposed development. In the event of mixed-use developments, the zoning administrator shall determine the appropriate underlying zoning standards, subject to the approval of the city council.

(b)

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 a maximum coordination between the proposed development and the surrounding uses, the conservation of woodlands and wetlands, the protection of health, safety and welfare of the community and residents of the PUD. To these ends, the city council shall consider:

(1)

The location of the buildings, compatibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees;

(2)

The efficiency, adequacy and safety of the proposed layout of internal streets and driveways;

(3)

The adequacy and location of green areas;

(4)

The adequacy, location and screening of parking areas; and

(5)

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.

(Code 1984, § 10.53(3); Code 2003, § 78-1003)

Subdivision review under chapter 6.20 shall be carried out simultaneously with the review of the PUD. The plans required under this article shall be submitted in a form which will satisfy the requirements of chapter 6.20 for the preliminary and final plat.

(Code 1984, § 10.53(4); Code 2003, § 78-1004)

(a)

Minor changes in the location, placement and height of structures may be authorized by the development review committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the zoning administrator.

(b)

Significant changes in the location, size or height of structures, any 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 may be made only after a public hearing conducted by the council. Any changes shall be recorded as amendments to the recorded copy of the final development plan.

(c)

All of the provisions of this chapter applicable to the original district within which the planned unit development district is established shall apply to the PUD district except as otherwise provided in approval of the final plan.

(d)

If substantial development has not occurred within a reasonable time after approval of the PUD zoning district as set forth in the developer's agreement, 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.

(Code 1984, § 10.53(5); Code 2003, § 78-1005)

(a)

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

(b)

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)

The construction and provision of all of the common open space and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units, if any. The development review committee shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If they find 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, they shall forward this information to the council for action.

(d)

A letter of credit shall be required to guarantee performance by the developer. The amount of this letter of credit, and the specific elements of the development program that it is intended to guarantee, will be stipulated in the development agreement.

(Code 1984, § 10.53(6); Code 2003, § 78-1006)

(a)

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 planned development shall be governed by the final development plan.

(b)

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 development review committee if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the cube 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 section 6.12.4250.

(3)

Any other changes in the final development plan must be authorized by an amendment of the final development plan under section 6.12.4250.

(Code 1984, § 10.53(7); Code 2003, § 78-1007)

(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 zoning administrator. 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 his 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.

(b)

Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing his basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following:

(1)

Overall maximum PUD density range.

(2)

General location of major streets and pedestrian ways.

(3)

General location and extent of public and common open space.

(4)

General location of residential and nonresidential land uses with approximate type and intensities of development.

(5)

Staging and time schedule of development.

(6)

Other special criteria for development.

(c)

Schedule.

(1)

The developer meets with the zoning administrator to discuss the proposed developments.

(2)

The applicant shall file the concept stage application and preliminary plat, together with all supporting data.

(3)

Within 30 days after verification by the zoning administrator that the required plan and supporting data is adequate, the planning commission shall hold a public hearing.

(4)

The planning commission shall conduct the hearing and report its findings and make recommendations to the city council.

(5)

The city may request additional information from the applicant concerning operational factors or retain expert testimony at the expense of the applicant concerning operational factors.

(6)

The council may hold a public hearing after the receipt of the report and recommendations from the planning commission. If the planning commission fails to make a report within 60 days after receipt of the application, the city council may proceed without the report. The council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a four-fifths vote of the entire council.

(d)

Development stage. Following general concept approval, if given, the applicant shall submit the development stage application and final plat. The application shall proceed and be acted upon in accordance with section 6.12.4250 for zoning district changes. If appropriate because of the limited scale of the proposal, the concept stage and development stages may proceed simultaneously.

(e)

Applications; general concept stage. Ten copies of the following exhibits, analysis and plans shall be submitted to the city.

(1)

Plat. Preliminary plat and information required by chapter 6.20.

(2)

General information.

a.

The landowner's name and address and his 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.

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 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.

a.

The address and legal description of the property.

b.

The existing zoning classification and present use of the subject property and all lands within 1,000 feet of the property.

c.

A map depicting the existing development of the property and all land within 1,000 feet of the property 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.

d.

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 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.

e.

Graphic reproductions of the existing site conditions at scale of one inch equals 100 feet.

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 floodplains within 300 feet of the property.

5.

Significant rock outcroppings.

6.

Existing drainage patterns.

7.

Vistas and significant views.

8.

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 is recommended for clear reference.

f.

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.

g.

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:

1.

Area developed to residential uses.

2.

Area developed to residential use by building type.

3.

Area devoted to common open space.

4.

Area devoted to public open space.

5.

Approximate area devoted to streets.

6.

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

7.

Approximate area and floor area devoted to commercial uses.

8.

Approximate area and floor area devoted to industrial or office use.

h.

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 state and overall chronology of development to be followed from stage to stage.

i.

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.

j.

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

k.

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

l.

The city 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.

m.

The city may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD.

(f)

Applications: development stage. Development stage submissions should depict and outline the proposed implementations of the general concept stage for the PUD. Information from the general concept stage may 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)

A final plat and information required by chapter 6.20.

(2)

Ten sets of preliminary plans drawn to a scale of not less than one inch equals 100 feet (or scale requested by the administrator) 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 where the subject property is situated).

b.

Property boundary lines and 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 of proposed buildings, and existing buildings which will remain, if any.

d.

Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements, including bike and pedestrian; and the total site coverage of all circulation elements.

e.

Location, designation and total area of all common open space.

f.

Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.

g.

Proposed lots and blocks, if any, and numbering system.

h.

The location, use and size of structures and other land uses on adjacent properties.

i.

Detailed sketches and provisions of proposed landscaping.

j.

General grading and drainage plans for the developed PUD.

k.

Any other information that may have been required by the planning commission or the 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 number of residential dwelling units and expected population.

(5)

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

(6)

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

(7)

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.

(8)

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.

(9)

A preliminary plat prepared in accordance with chapter 6.20.

(10)

A 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.

(Code 1984, § 10.53(8); Code 2003, § 78-1008; Ord. No. 210(3rd series), § 15, 6-25-2018)

(a)

Legal description. PUD No. 2 is legally described as Lots 1 and 2, Block 1, Orono Ambar, Hennepin County, Minnesota.

(b)

Referenced individually. Lot 1, Block 2, Orono Ambar, when referenced individually, shall be hereinafter referred to as PUD No. 2A. Lot 2, Block 1, Orono Ambar, when referenced individually, shall be hereinafter referenced as PUD No. 2B.

(c)

Incorporated herein by reference. The Dunbar PUD plans attached as exhibits to the PUD No. 2A and 2B agreements, on file in the office of the zoning administrator under File #2640/2641, are incorporated by reference as if set out in full.

(d)

Allowable uses. The uses allowed in the PUD are as follows:

(1)

Uses allowed in PUD No. 2A are any permitted or accessory uses allowed in the B-6 Highway Commercial District.

(2)

Uses allowed in PUD No. 2B include the following:

a.

Senior independent living housing, limited to one building, subject to the performance standards of the RPUD zoning district and as further limited within city council Resolution No. 4704 and the PUD 2B agreement on file in the office of the zoning administrator under File #2640/2641.

b.

Any accessory use as regulated in the RPUD district, except as further limited within city council Resolution No. 4704 and the PUD 2B agreement on file in the office of the zoning administrator under File #2640/2641.

(e)

Development standards. Development standards shall be as indicated on the approved PUD general development plan as documented within city council Resolution No. 4704 and the PUD 2A and PUD 2B agreements on file in the office of the zoning administrator under File #2640/2641.

(Code 2003, § 78-1009; Ord. No. 207(2nd series), § 3(10.53(9)), 10-22-2001)

(a)

Legal description. PUD No. 4 is legally described as Lots 1 through 46, inclusive, Block 1; Lots 1 through 10 inclusive, Block 2; and Outlots A, B, C, D, E, F, G, H, I, J and K, Stonebay, Hennepin County, Minnesota.

(b)

Incorporated herein by reference. The Dahlstrom Development, LLC PUD plans attached as exhibits to the PUD No. 4 agreement, on file in the office of the planning director under File #02-2789/02-2840, are incorporated by reference as if set out in full.

(c)

Allowable uses. The uses allowed in the PUD are as follows:

(1)

Outlots A and D, Stonebay, are platted as outlots for future development in accordance with the uses guided within the 2000—2020 Orono Community Management Plan (CMP), and may not be used until such time that they have been rezoned via the planned unit development process and platted into buildable lots.

(2)

Outlots B and C, Stonebay, are platted as outlots for stormwater management and utility purposes, and trail purposes only.

(3)

Lots 1 through 46, inclusive, Block 1; Lots 1 through 10, inclusive; and Outlots E, F, G, H, I, J and K, Stonebay, are platted to be used for multifamily dwelling purposes subject to the provisions and standards of the RPUD district and as further limited within city council Resolution No. 4915 and the PUD No. 4 agreement on file in the office of the planning director under File #02-2789/02-2840. Outlots E, F, G and H shall not be developed for the approved uses until completion of final platting into lots and blocks.

(d)

Development standards. Development standards shall be as indicated on the approved PUD general development plan as documented within city council Resolution No. 4915 and the PUD No. 4 agreement on file in the office of the planning director under File #02-2789/02-2840.

(Code 2003, § 78-1010; Ord. No. 225(2nd series), § 3(10.53(11)), 5-12-2003)