Certain applications of this Ordinance require study and action by the City Council, the Planning and Zoning Commission, City staff, the applicant, and various experts, in varying combinations dependent upon the nature of the non-standard use or proposed use or change. These include proposed site plan reviews, conditional use permits, interim use permits, variances, Zoning Ordinance text or map amendments, establishment of Planned Unit Developments, and appeals on zoning questions.

The City Council, acting as the Board of Adjustment under Minnesota Statutes, Sec. 462.357, Subd. 6, Sec. 462.359, Subd. 4, and Sec. 15.99, shall make the decisions within the legislative and executive framework of the City on applicable development applications.

An application for a site plan review, conditional use permit, interim use permit, variance, or Zoning Ordinance text or map amendment review shall be processed in accordance with the following procedure:

A.

Timeline. Pursuant to Minnesota Statutes, Sec. 15.99, an application for an amendment shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended by the City pursuant to statute or a time waiver is granted by the applicant.

B.

Application. Applications shall be filed with the Zoning Administrator on an official application form of the City, accompanied by a fee as established by City Council resolution. The application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use. The number of copies to be provided and any additional data shall be determined by the Zoning Administrator. Applications shall be complete before they are accepted. A complete application shall include the following information:

1.

A City application form(s) relating to the request signed by all persons with an interest in the subject property affected by the request. A copy of an Owner's Duplicate Certificate of Title or other approved documentation of interest shall also be submitted with the signed application form(s).

2.

All supporting information required by this Ordinance and/or outlined in Section 10-31-05 of this Ordinance and application documents included with the City application forms.

3.

Payment of all fees associated with the applicable application(s). Applicants shall be responsible for all costs incurred by the City and/or employed consultants. Expenses shall be charged against the required escrow accounts in accordance with Section 10-31-08 of this Ordinance.

4.

A pre-application meeting shall be required by City staff at which the appropriate application procedures, requirements and applicable provisions relating to the request will be reviewed and explained.

5.

An application will be deemed complete unless the applicant receives written notice within 15 business days exclusive of Saturdays, Sundays and legal holidays of its submission indicating it is not complete and indicating what information is missing. This notice shall be considered given by its deposit in the U.S. Mail, first class postage prepaid, addressed to any listed applicant at the address given on the application form. In the event the applicant fails to provide an address on the application form, this notice requirement for incomplete applications shall be deemed waived by the applicant.

6.

Certification of taxes paid. Prior to approving an application for amendment, conditional use permit, interim use permit, variance, or administrative permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates.

C.

Additional Data. The City Council, Planning and Zoning Commission, and City staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the applicant, or may require as a condition of proceeding with its consideration of any matter, that the applicant furnish expert opinion and data at the expense of the applicant. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

D.

Technical Reports. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the Planning and Zoning Commission and City Council. The technical reports are to be entered in and made part of the record of the Planning and Zoning Commission and forwarded to the City Council.

E.

Notice of Hearing. For applications involving conditional use permits, interim use permits, zoning amendments, and PUDs the Zoning Administrator shall set a date for a public hearing. Notice of such hearing shall consist of a legal property description, a general description of the property location, and a description of the request to be published in the official newspaper at least 10 days prior to the hearing. Written notices shall be mailed not less than 10 days nor more than 30 days prior to the hearing to owners of property within 350 feet of the subject site in the Urban Service Area and within 1,000 feet of the subject property in the Rural Service Area.

F.

Notice Not Received. Failure of the City to send, or a property owner to receive notice shall not invalidate any proceedings under this Ordinance, provided that a bona fide attempt has been made to comply with the requirements of this Ordinance.

G.

Hearing. After receipt of the report of the Zoning Administrator, the Planning and Zoning Commission shall conduct the public hearing and consider the application.

H.

Presentation of Application. The applicant or a representative of the applicant shall appear before the Planning and Zoning Commission in order to present the case for the application and to answer questions concerning the request. Failure of the proponent to appear at either the Planning and Zoning Commission or City Council consideration of the matter may constitute grounds for rejection of the application.

I.

Recommendations of Planning and Zoning Commission. The Planning and Zoning Commission shall recommend such actions or conditions relating to the application as deemed necessary or desirable to carry out the intent and purpose of this Ordinance and the Comprehensive Plan. Such recommendation shall be either in the minutes or by written resolution and forwarded to the City Council.

J.

Record Before City Council. The Zoning Administrator shall place the report and recommendation of the Planning and Zoning Commission and the City staff on the agenda for the next regular City Council meeting listed on the City's Land Use and Development Application Schedule after Planning and Zoning Commission action, or the expiration of 60 days after the first consideration by the Commission, whichever is earlier, subject to the limitations of Minnesota Statutes, Sec. 15.99. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

K.

City Council Review. Subject to the limitations of Minnesota Statutes, Sec. 15.99, the City Council shall act upon an application after it has received the report and recommendation from the Planning and Zoning Commission. If, upon receiving the reports and recommendations of the Planning and Zoning Commission and Zoning Administrator, the City Council desires further consideration, or finds that inconsistencies exist in the review process, data submitted or recommended action, the City Council may, before taking final action, refer the matter back to the Planning and Zoning Commission with a statement detailing the reasons for referral.

L.

City Council Action. Upon full consideration of the application, the City Council shall take an action to approve or deny the application.

1.

Approving actions shall including findings of fact as to how the application meets the standards of this Ordinance.

2.

Denying actions shall be accompanied by written findings of fact of the City Council, including supporting data setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of the Comprehensive Plan and/or this Ordinance and is otherwise injurious to the public health, safety and welfare.

M.

Notice to Applicant. The Zoning Administrator shall notify the applicant of the decision of the City Council in writing, including any relevant resolution and findings which may have been passed by the City Council.

N.

Filing of Notice of Action. A certified copy of any Zoning Ordinance amendment, conditional use permit, interim use permit, or variance authorized shall be filed with the Anoka County Recorder.

O.

Reconsideration. Whenever an application has been considered and denied by the City Council, a similar application affecting substantially the same property shall not be considered again by the Planning and Zoning Commission or City Council before the expiration of six (6) months from the date of its denial and any succeeding denials. However, a decision to reconsider such matter may be made by a majority vote of all members of the City Council at any time, according to the rules of order adopted by the Council.

(Ord. 325, SS, § 3, 2-5-2024)

A.

Unless otherwise specified by the City Council at the time it is authorized, site plan approvals, a conditional use permit, interim use permit, or variance shall be null and void and expire if the applicant fails to implement such approvals and fulfill each and every condition attached thereto within one (1) year from the date of its authorization unless a petition for an extension of time in which to implement the approved plans has been granted by the Zoning Administrator provided that:

1.

The extension is requested in writing and filed with the City at least 30 days prior to the expiration of the initial request.

2.

The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the approval.

3.

A maximum of one (1) administrative extension shall be granted.

4.

The extension shall not exceed 90 days from the initial expiration date.

5.

There shall be no charge for the filing of a petition for an administrative extension.

B.

The City Council may grant an extension of greater than 90 days provided that:

1.

The conditions described in Items A.1 through A.3, above, are satisfied.

2.

The extension shall not exceed one (1) year from the initial expiration date.

3.

The filing of a petition for extension is subject to fee requirements established by City Council resolution.

(Ord. 325, SS, § 4, 2-5-2024)

Unless otherwise stated in this Division, or given specific waiver by the Zoning Administrator, the following items shall be required to be submitted for all applications within this Division:

A.

Site Survey. Existing site boundaries, buildings, structures and other improvements shall be identified on-site with a current certificate of survey, prepared and signed by a Minnesota licensed land surveyor, depicting the following:

1.

Scale of plan (engineering scale only, at one inch equals fifty feet (1" = 50') or less.

2.

North point indication.

3.

Existing boundaries with lot dimension and area.

4.

Existing site improvements.

5.

All encroachments.

6.

Easements of record.

7.

Legal description of the property.

8.

Ponds, lakes, springs, rivers or other waterways bordering on or running through the subject property.

B.

Site Plan. Utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

1.

Name and address of developer/owner.

2.

Name and address of architect/designer.

3.

Date of plan preparation.

4.

Dates and description of all revisions.

5.

Name of project or development.

6.

All proposed improvements, including:

a.

Required and proposed setbacks.

b.

Location, setback and dimensions of all proposed buildings and structures.

c.

Location of all adjacent buildings located within two hundred (200) feet of the exterior boundaries of the property in question.

d.

Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles.

e.

Location, number, and dimensions of proposed loading spaces.

f.

Location, width, and setbacks of all curb cuts and driveways.

g.

Vehicular circulation.

h.

Sidewalks, walkways, trails.

i.

Location and type of all proposed lighting, including details of all proposed fixtures.

j.

Location of recreation and service areas.

k.

Location of rooftop equipment and proposed screening.

l.

Provisions for storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures.

m.

Location, sizing, and type of water and sewer system mains and proposed service connections.

C.

Grading/Stormwater Drainage Plan. Utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following:

1.

Existing contours at two (2) foot intervals (may be prepared by a Minnesota licensed surveyor).

2.

Proposed grade elevations at two (2) foot maximum intervals.

3.

A Stormwater Management Report shall be submitted that shows all of the design elements utilized to comply with these requirements. A written narrative shall be included that describes the stormwater system. A summary, calculations, drainage areas, figures, tables and plan sheets shall accompany the report.

4.

Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

5.

Spot elevations (may be prepared by a Minnesota licensed surveyor).

6.

Proposed driveway grades.

7.

Surface water ponding and treatment areas.

8.

Soil borings or tests if requested by the City.

9.

Those areas of the site to be used for storage of topsoil and overburden;

10.

Proposed stockpile sites.

11.

The description and quantity of material to be excavated.

12.

The depth of water tables throughout the area.

13.

The location and depth of wells and buried garbage, water, and fill.

14.

Delineation of the sub-watershed contributing runoff from any/all off-site sources.

15.

Proposed and existing sub-watersheds on-site.

16.

Emergency overflows and watercourses.

17.

For applications proposing infiltration as volume control; identification, description, permeability, HSG Classification and approximate delineation of site soils in both existing and proposed post-development conditions.

18.

The existing and proposed OHW and 100-year high water elevations on-site.

19.

Description and sketch of all drainage easements or other property interest to be determined for stormwater management purposes.

20.

Identify downstream evaluation areas to the point of 10 percent and corresponding drainage area(s) on a USGS map.

21.

Storm Water Pollution Prevention Plan (SWPPP).

22.

Determination by a registered professional engineer of the 100-year critical flood elevation before and after the proposed activity.

23.

Computation of the change in flood storage capacity as a result of the proposed alteration or fill.

24.

A map or plan indicating existing on-site wetland, marsh, buffer, shoreland, 100-year floodplain areas and other levels, all referenced to the City datum.

25.

Delineation of all Exceptional Value Wetlands located in downstream evaluation in the flow path.

26.

A wetland alteration permit, if required by the City Code, which shall be processed concurrently with the grading permit application.

D.

Landscaping Plan. Utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

1.

Planting schedule (table) containing:

a.

Symbols.

b.

Quantities.

c.

Common names.

d.

Botanical names.

e.

Sizes of plant material.

f.

Root specification (bare root, balled and burlapped, potted, etc.).

g.

Special planting instructions.

2.

Location, type and size of all existing significant trees to be removed or preserved.

3.

Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

4.

Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

5.

Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used.

6.

Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

7.

Delineation of both sodded and seeded areas with respective areas in square feet.

8.

Coverage plan for underground irrigation system, if any.

9.

Where landscape or man-made materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

10.

Other existing or proposed conditions which could be expected to affect landscaping.

E.

Other plans and information as required by the Zoning Administrator including, but not limited to:

1.

Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

2.

"Typical" floor plan and "typical" room plan drawn to scale with a summary of square footage for each use or activity.

3.

Fire protection plan.

4.

Type, location and size (area and height) of all signs to be erected upon the property in question.

5.

Vicinity map showing the subject property in reference to nearby highways or major street intersections.

6.

Sound source control plan.

7.

Lighting plan.

Upon approval of a site plan review, conditional use permit, interim use permit, or variance, as described in this Division, or approval of an administrative permit, grading permit, or wetland permit, the City may require the applicant to enter into a performance agreement prior to the issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the approval and the codes of the City. The performance agreement shall be prepared and approved by the City Attorney and shall contain, but not be limited to, the following items and conditions:

A.

Performance Security. The performance agreement shall require the applicant to provide financial security to assure compliance with the agreement and conditions of the approval. The security may be in the form of a surety bond, cash escrow, certificate of deposit, irrevocable letter of credit, securities, cash deposit, or other forms as deemed acceptable by the City Attorney. The security shall be in an amount determined by the City Engineer or Building Official under the direction of and approved by the Council, to cover estimated costs of labor and materials for the proposed improvements or development. The costs may include, but not be limited to, public improvements, landscaping, stormwater, grading, and wetland protection. The project can be handled in stages with prior approval of the City.

B.

Security Release. The City shall hold the security until at least partial completion of the proposed improvements or development, and if applicable, a certificate of occupancy indicating compliance with the application approval and Building Code of the City has been issued by the City Building Official. The security may be held longer to ensure performance of the installation.

C.

Security Forfeiture. Failure to comply with the conditions of the application approval and/or the ordinances of the City shall result in forfeiture of the security.

D.

Hold Harmless and Indemnification of City. The applicant shall agree to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the applicant's negligent or intentional acts, violation of any safety law, and regulation or any code in the performance of this agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure to take any other prudent precaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the applicant, or the City, upon failure of the applicant to comply with any conditions of the approval, performs said conditions pursuant to the bond, the applicant shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent or intentional acts in the performance of the applicant's required work under the permit.

E.

Fees. The applicant shall agree to pay any and all attorney and consultant fees incurred by the City to enforce the terms and conditions of any application approval or provisions of any performance agreement relating to said permits.

(Ord. 325, SS, § 5, 2-5-2024)

The City Council, serving as the Board of Adjustments and Appeals, shall, after receiving the written report of the Zoning Administrator, make findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, interpretation requirement, decision or determination made by any administrative office or the Zoning Administrator in the enforcement of this Ordinance. However, said appeal shall be filed not later than sixty (60) days after the applicant has received a written order from the City or the appeal shall be void.

A.

Purpose. The costs of the City for receiving, analyzing, processing, hearing and final process for requests of changes, modification, or special consideration under this Ordinance, such as requests for site and building plan reviews, conditional use permits, interim use permits, variances, amendments (map or text), and PUDs are considered to be unique to the applicant requesting such consideration, and it is the intent of this Subsection to provide that all costs of the City occasioned by such requests shall be borne by the applicant. The reimbursement to the City shall be limited to actual costs of the City. Actual costs shall include all engineering, legal, planning, or other consultant fees or costs paid by the City for other consultants for expert review of a development application.

B.

Base Zoning Fee. Each applicant shall pay a non-refundable base zoning fee at the time an application is presented to the City for a site and building plan review, a conditional use, an interim use, a variance, a zoning change of any nature, or a planned unit development. This fee is intended to reimburse the City for its costs for administrative processing a development application. If this fee proves to be insufficient to cover such costs, such additional costs will be charged as a part of the zoning deposit, or the supplemental zoning deposit.

C.

Escrow Deposit. In addition to the non-refundable base zoning fee, each applicant shall pay an escrow deposit in an amount established by City Council on the fee schedule at the time of application. All actual costs including, but not limited to, planning, engineering, legal, or other consultant fees or costs, incurred by the City in the processing of the application shall be paid from or reimbursed to the City, from the escrow deposit. Actual costs not fully paid or reimbursed from the base zoning fee shall be paid or reimbursed from this escrow or supplemental deposit.

D.

Supplemental Deposit. At any time while the application is pending and before its final conclusion, if the Zoning Administrator determines that the amount of the escrow deposit required by Item C, above, is or is estimated to be insufficient to pay for present or anticipated actual costs of the application, a supplementary deposit shall be required by the Zoning Administrator to be paid by the applicant. The one (1) or more supplemental deposits shall be in an amount sufficient to pay all actual costs of the City.

E.

Refunds—Administrative Costs. The base zoning fee, intended to cover administrative costs, is non-refundable.

F.

Refunds—Direct Costs. If the direct costs of the City in processing the application are less than the amount of the escrow deposit and any supplemental deposit, any such unexpended amount shall be refunded to the applicant upon the conclusion of the proceedings, and any such costs in excess of the supplemental deposits on hand with the City shall be paid by the applicant prior to completion of the proceedings by the City.

This Ordinance shall be administered and enforced by the Zoning Administrator or other such party as designated by the City Council or City Administrator. The Zoning Administrator may institute in the name of the City of St. Francis any appropriate actions or proceedings against a violator. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator. That person shall record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance.

A.

Enforcement Procedure. For the enforcement of the provisions of the Zoning Ordinance, zoning violation notices shall be sent by either first class or certified mail to the property owner of which the violation is taking place. A copy of the zoning violation notice shall be sent to the City Administrator, City Clerk, Police Chief, and City Attorney. The zoning violation notice shall contain the following information:

1.

A description of the violation which is taking place.

2.

A picture (if possible) of the violation which is taking place.

3.

Location and/or address of the property at which the violation is taking place.

4.

Identification of the section of the Zoning Ordinance which is being violated.

5.

Date the violation was discovered.

6.

Steps necessary to correct the violation.

7.

Deadline by which the violation must be corrected, which is at the discretion of the Zoning Administrator.

B.

Correction of the Zoning Violation. Correction of the violation in the manner stipulated by the zoning notice violation, at any point during this enforcement process, shall deem the zoning violation notice null and void, and enforcement activity shall cease.

C.

Failure to Correct Zoning Violation—Enforcement Remedies. Failure to correct the zoning violation shall result in the City pursuing enforcement action following notification to the property owner, with the City having the authority to carry out the following enforcement remedies or combination of remedies:

1.

Withhold Permits. The City shall have the authority to withhold any permits or City approvals which are necessary until the violation is corrected to the City's satisfaction.

2.

Stop Work Order. The City shall have the authority to issue a stop work order on the subject violation.

3.

Abatement. The City shall have the authority to require that the violation be abated by completely removing or stopping the item or use which has been identified in the zoning violation notice.

4.

Injunctive Relief. The City shall have the authority to seek an injunction in court to stop any violation of this Ordinance.

5.

Civil Remedies. The City shall have the authority to institute appropriate civil action to enforce the provisions of this Ordinance, and shall recover reasonable court costs and attorney's fees which are incurred due to the enforcement of the subject violation, at the discretion of the court.

6.

Assessment. The City shall have the authority to use the provisions of Minnesota Statutes, Ch. 429, assess any charge against the property benefited, and any such assessment shall, at the time at which taxes are certified to the Anoka County Auditor, be certified for collection in the manner that other special assessments are so certified.

7.

Criminal Remedies. The City shall have the authority to institute appropriate misdemeanor criminal action for a violation of this Ordinance.

8.

Cumulative Remedies. The powers and remedies of this Subsection shall not be individually limited and are not exclusive. The powers and remedies of this Subsection are cumulative and all power and remedies may apply, as well as any other remedies allowed under State law.

9.

Administrative Penalties. The City shall have the authority to utilize Section 2-11 of the City Code for enforcement of the Zoning Ordinance.

D.

Revocation. Instead of, or in addition to any of the remedies in Item C, above, failure to comply with the conditions of a conditional use permit, interim use permit, or the ordinances of the City shall result in the conditional use permit or interim use permit being revoked by the City Council. Revocation proceedings shall require a public hearing with notice and due process according to Section 10-31-03, except that the City Council may waive Planning and Zoning Commission review and comment.

The purpose of site plan review is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this Ordinance in advance of building permit issuance.

The following cases shall require a site plan review procedure, as described in this Section:

A.

New construction of multiple unit residential, commercial, industrial or institutional principal buildings;

B.

Modifications, additions, or enlargements to multiple unit residential, commercial, industrial, or institutional principal buildings which increase the gross floor area more than 25 percent;

C.

Modifications to multiple unit residential, commercial, industrial, or institutional buildings which alter the design or materials of any single exterior building wall more than 25 percent;

D.

Changes in use of leasable space in single or multi-tenant buildings where a change of tenant intensifies the use of the space or requires additional off-street parking; or

E.

Expansion of off-street parking related to modifications, additions, or enlargements to the gross floor area of an existing building.

F.

New construction or modifications of accessory buildings greater than 200 SF.

(Ord. 289, SS, 1-18-2022)

Pursuant to Minnesota Statutes, Sec. 15.99, an application for site plan approval shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the City pursuant to statute or a time waiver is granted by the applicant. Additional City requirements are as follows:

A.

Meeting With Zoning Administrator and/or Staff. The applicant or a representative thereof is encouraged to meet with the Zoning Administrator and/or City staff prior to submission of an application in order to present information and answer questions concerning the proposed requests.

B.

Filing of Request. Request for site plan approval, as provided within this Ordinance, shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as established by City Council resolution. Such application shall also be accompanied by detailed written and graphic materials, as listed in Section 10-31-05, General Information Requirement. The request shall be considered as being officially submitted and complete when the applicant has complied with all specified information requirements. In cases where an application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within 15 days of the date of submission.

C.

Proof of Ownership or Authorization. The applicant shall supply proof of title and the legal description of the property for which the site plan approval is requested, consisting of an abstract of title and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested site plan application.

D.

Technical Reports. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.

E.

Approving Authority:

1.

Site plan review applications that are described by Subsections 10-32-02.A and B shall be referred to the Planning and Zoning Commission and City Council for discussion, review, and formal comment.

a.

The review shall follow the procedure established in Section 10-31-03 without the requirement for a public hearing.

b.

The City Council shall take action directing staff to issue the site plan approval or deny the application.

2.

The Zoning Administrator shall have the authority to administer a decision for site plan review applications described by Subsections 10-32-02.C-F, however, the Zoning Administrator shall also have the authority to refer the site plan request to the Planning and Zoning Commission and City Council, as described in Item 1, above.

F.

Decision. The Zoning Administrator or City Council shall reach a decision on the request within 60 days after the submittal of a complete application.

(Ord. 289, SS, 1-18-2022)

The Zoning Administrator, Planning and Zoning Commission, and/or the City Council shall evaluate the proposed site plan based upon compliance with the City Comprehensive Plan, provisions of this Ordinance, and other applicable chapters of the City Code.

A.

Use Specific Standards. As may be applicable, the evaluation of any proposed site plan proposing a new use on a site shall be subject to and include the use-specific standards established for that use, as listed in Division 6 of this Ordinance.

B.

Development Standards. All applications for site plan review shall meet the development standards established in Division 7 of this Ordinance.

All site plans officially submitted to the City shall be treated as a formal agreement between the applicant and the City. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval.

An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan. "Major changes" include any of the cases listed within Section 10-32-02.

A.

Unless otherwise specified by the Zoning Administrator, the site plan approval shall become null and void one (1) year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with Section 10-31-04.

B.

In making a determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

C.

The request for an extension of site plan approval shall be determined by the Zoning Administrator within 15 days from the receipt of a complete request.

D.

In cases where the application is reviewed by the Planning and Zoning Commission and City Council, the expiration of approval procedure shall follow the process established in Section 10-31-04 of this Ordinance.

The purpose of a conditional use permit is to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. Conditional use permits are designed to address certain uses, which should not be permitted by right in every area within a zoning district due to inherent hazards or special problems, even though these uses may be generally compatible with the basic use classification of a particular zone.

A.

An application for a conditional use permit requires a public hearing and is to be processed in accordance with the procedures outlined in Section 10-31-03 of this Ordinance.

B.

City Council Action. Approval of a request for a conditional use permit shall require passage by a majority vote of all members of the City Council.

The Planning and Zoning Commission shall consider in its recommendation and the City Council shall consider in its decision the possible effects of the proposed conditional use. Their judgment shall be based upon, but not limited to, the following factors:

A.

The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the Official City Comprehensive Plan.

B.

The proposed use is or will be compatible with present and future land uses of the area.

C.

The proposed use conforms with all performance standards contained in this Ordinance.

D.

The proposed use can be accommodated with existing public services and will not overburden the City's service capacity.

E.

Traffic generation by the proposed use is within capabilities of streets serving the property.

A.

Use Specific Standards. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include the use-specific standards established for the conditional use, as seen in Division 6 of this Ordinance.

B.

General performance standards. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and comply with the following general performance standards and criteria as described in Division 7 Development Standards:

1.

The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right-of-way shall be provided.

2.

The site design for access and parking shall minimize internal as well as external traffic conflicts.

3.

If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.

4.

Adequate off-street parking and off-street loading shall be provided.

5.

Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any adjacent residential use or district.

6.

Whenever a non-residential use is adjacent to a residential use or district, a buffer area with screening and landscaping shall be provided.

7.

General site screening and landscaping shall be provided.

8.

All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts.

9.

Potential exterior noise generated by the use shall be identified and mitigation measures, as may be necessary, shall be imposed.

10.

The site drainage system shall be subject to the review and approval of the City Engineer.

11.

The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment.

12.

All signs and informational or visual communication devices shall be provided.

13.

The use and site shall be in compliance with any Federal, State or County law or regulation that is applicable and any related permits shall be obtained and documented to the City.

14.

Any applicable business licenses mandated by the City Code are approved and obtained.

15.

The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.

16.

The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any non-conformities shall be eliminated.

17.

All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.

The Planning and Zoning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this Ordinance, City codes, or other applicable regulations. The City Council or Planning and Zoning Commission shall initiate the process and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to Section 10-31-03 of this Ordinance. The Zoning Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning and Zoning Commission and City Council.

Conditional Use Permits must be maintained consistent with the terms of their approval. Modifications and amendments shall be processed and reviewed consistent with the terms of this Ordinance.

The conditional use permit shall lapse and be considered null and void after 12 consecutive months of discontinued use or abandonment.

The purpose and intent of allowing interim uses is:

A.

To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction.

B.

To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

C.

To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

A.

An application for an interim use permit requires a public hearing and is to be processed in accordance with the procedures set forth in Section 10-31-03 of this Ordinance.

B.

City Council Action. Approval of a request for an interim use permit shall require passage by a majority vote of all members of the City Council.

The Planning and Zoning Commission shall consider in its recommendation and the City Council shall consider in its decision the possible effects of the proposed interim use. Their judgment shall be based upon, but not limited to, the factors outlined in Section 10-33-03 of this Ordinance.

A.

Use Specific Standards. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include the use-specific standards established for the conditional use, as seen in Division 6 of this Ordinance.

B.

General performance standards. As may be applicable, the evaluation of any proposed interim use permit request shall be subject to and include, but not be limited to, the general performance standards and criteria outlined in Section 10-33-04 of this Ordinance, and:

1.

The date or event that will terminate the use can be identified with certainty.

2.

The use will not impose additional unreasonable costs on the public.

3.

The user agrees, in writing, to any conditions that the City Council deems appropriate for permission of the use, including the specified termination date or event.

4.

The use is specifically allowed as an interim use in the respective zoning district.

An interim use shall terminate on the happening of any of the following events, whichever occurs first:

A.

The date or event stated in the permit.

B.

Upon violation of conditions under which the permit was issued.

C.

The property is redeveloped to a permitted or conditional use allowed in the respective zoning district.

The interim use permit shall lapse and be considered null and void after 12 consecutive months of discontinued use or abandonment.

The purpose of a variance is to provide for deviations from the literal provisions of this Ordinance in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Ordinance.

A.

An application for variance from the provisions of this Ordinance requires a review by the Planning and Zoning Commission and City Council and is to be processed in accordance with the procedures set forth in Section 10-31-03 of this Ordinance with the exception of Subsection 10-31-03 E, Notice of Hearing.

B.

Planning and Zoning Commission Review. The Planning and Zoning Commission shall hold an application review, preceded by mailed notice to all property owners within 350 feet of the subject property in the Urban Service Area and within 1,000 feet of the subject property in the Rural Service Area, in consideration of granting the variance request.

C.

City Council Action. Approval of a request for a variance shall require passage by a majority vote of all members of the City Council.

(Ord. 325, SS, § 6, 2-5-2024)

A.

The Board of Adjustment shall not approve any variance request unless they find all of the following criteria have been met:

1.

A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance.

2.

A variance shall only be granted when it is consistent with the comprehensive plan.

3.

A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficulty to be established, all of the following criteria shall be met:

a.

The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district.

b.

The plight of the landowner is due to circumstances unique to the property not created by the landowner.

c.

That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located.

4.

The variance does not involve a use that is not allowed within the respective zoning district.

B.

In addition to Item A, above, the Board of Adjustment shall not approve any variance request for property within the Rum River Overlay District unless they find all the following conditions have been met:

1.

The strict enforcement of the land use controls will result in unnecessary hardship.

2.

Granting of the variance is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with Minnesota Rules, Ch. 6105.

3.

There are exceptional circumstances unique to the subject property which were not created by the landowners.

4.

Granting of the variance will not allow any use which is neither a permitted or special use in the land use district in which the subject property is located.

C.

Granting of the variance will not alter the essential character of the locality as established by the Management Plan, Minnesota Rules, Pt. 6105.1400 through Pt. 6105.1500.

The Board of Adjustment shall, in granting any variance under the provisions of this Section, designate any conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the variance is granted, as to light, air, and the public health, safety, comfort, convenience, and general welfare.

The City Council, Planning and Zoning Commission, or City Administrator may initiate a request to amend the text or the district boundaries of this Ordinance. The procedural requirements of this Part shall not apply to such proposed amendments except to the extent required by State Statute. Any person owning real estate within the City may initiate a request to amend the district boundaries or text of this Ordinance so as to affect the said real estate. Any resident of the City may initiate a request to amend the text of this Ordinance.

A.

Application for an amendment of this Ordinance (text or map) requires a public hearing and is to be processed in accordance with the procedures set forth in Section 10-31-03 of this Ordinance.

B.

In addition to above, for any amendment to an ordinance, the City must post the proposed ordinance to the City's website and send via the City's electronic notification system to any individual signed up for electronic notification at least 10 days prior to the City Council meeting at which the proposed ordinance is scheduled for a final vote, in compliance with Minnesota Statutes, Sec. 415.19.

C.

City Council Action. Approval of a proposed Zoning Ordinance text or map amendment shall require a four-fifths (⅘) vote of all members of the City Council.

D.

Approval of an amendment shall take effect 30 days after the date of publication or at such later date as fixed therein.

The Planning and Zoning Commission shall consider in its recommendation and the City Council shall consider in its decision the possible effects of the proposed amendment. Their judgment shall be based upon, but not limited to, the following factors:

A.

The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan.

B.

The proposed use is or will be compatible with present and future land uses of the area.

C.

The proposed use conforms with all performance standards contained in this Ordinance.

D.

The proposed use can be accommodated with existing public services and will not overburden the City's service capacity.

E.

Traffic generation by the proposed use is within capabilities of streets serving the property.

Approval of an amendment of this Ordinance (text or map) shall become effective upon its passage and publication.

The planned unit development (PUD) provisions are intended to allow for the mixing of uses and flexibility from the general performance standards to allow for more innovative and efficient design for the development of neighborhoods or areas. The PUD process, by allowing flexibility from the strict provisions of this Ordinance related to setbacks, heights, lot area, width, depth, yards, and other equivalent performance standards through rezoning to a PUD District, is intended to encourage:

A.

Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and sighting of structures and by the conservation and more efficient use of land in such developments.

B.

Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects.

C.

More convenience in location and design of development and service facilities.

D.

The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion.

E.

A creative use of land and related physical development which allows a phased and orderly transition of land from activity to another.

F.

An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments.

G.

A development pattern in harmony with the objectives of the Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principals.)

H.

A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City.

I.

That the flexibilities granted through the PUD process for the development produce a clear and identified benefit to the City that would not have been achievable following the standard zoning procedure.

Planned unit development applications shall be exempt from the general information requirements established in Section 10-31-05 and shall instead require two (2) full-scale copies, two (2) 11" × 17" copies, and one (1) digital (PDF or similar) copy of each of the following:

A.

Concept Plan Stage.

1.

Application and fee.

2.

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.

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 evidences as the City Attorney may require to show the status of title or control of the subject property.

3.

Existing Conditions.

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 350 feet of the subject property.

c.

An exhibit or exhibits depicting the existing development of the subject property and all land within 200 feet thereof 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 subject property. This exhibit shall also show:

i.

Contours—minimum one-half (½) foot intervals.

ii.

Location, type and extent of tree cover.

iii.

Slope analysis.

iv.

Location and extent of water bodies, wetlands and streams and floodplains within three hundred (300) feet of the subject property.

v.

Significant rock outcroppings.

vi.

Existing drainage patterns.

vii.

Vistas and significant views.

viii.

Soil conditions as they affect development.

d.

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.

4.

A written statement generally describing the proposed PUD and showing its relationship to the 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.

5.

Concept plan showing the proposed development including, but not limited to, the general location of major circulation elements, public and common open space, and internal and surrounding land uses.

6.

A statement of the estimated density/intensity of use proposed for the PUD.

7.

When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a conceptual schedule for the development of such stages or units shall be submitted.

8.

The Zoning Administrator may excuse an applicant from submitting any specific item of information or document required in this stage, which is determined to be unnecessary to the consideration of the specific proposal for PUD approval.

9.

The Zoning Administrator may require the submission of any additional information or documentation which is determined to be necessary or appropriate for full consideration of the proposed PUD or any aspect or stage thereof.

B.

Preliminary Plan Stage. Preliminary plan stage submissions should depict and outline the proposed implementation of the concept stage for the PUD. Information from the concept plan stage may be included for background and to provide a basis for the submitted plan. The preliminary plan stage submissions shall include but not be limited to:

1.

Application and fee.

2.

Zoning classification required for preliminary plan stage submission and any other public decisions necessary for implementation of the proposed plan.

3.

An existing conditions exhibit showing the zoning, location, use and size of structures and other land uses on adjacent properties.

4.

Certified survey of the site.

5.

Preliminary Plans including the following:

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).

b.

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

c.

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, blocks, public and common open space, and structures.

i.

Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. A statement shall be included describing the provision that is to be made for the care and maintenance of such open space or service facilities.

ii.

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 elements.

iii.

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.

iv.

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

v.

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).

vi.

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 uses.

b)

Area devoted to 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.

d.

Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan shall clearly reflect the site treatment and its conformance with the approved concept plan.

e.

A preliminary 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.

f.

Preliminary utility plans indicating placement of water, sanitary and storm sewers.

g.

Preliminary landscaping plan in accordance with Section 10-73-04.

h.

Preliminary signage plan.

i.

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

j.

Proposed re-subdivision plan, if any, upon availability of sanitary sewer service.

k.

Any other information that may have been required by the City in conjunction with the approval of the general concept plan.

6.

A staging plan stating the approximate beginning and completion date for each such stage or unit of the project 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.

7.

General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

8.

A preliminary plat prepared in accordance with the Chapter 11, Subdivision of the City Code.

9.

Such other and further information as the Zoning Administrator shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.

10.

The Zoning Administrator may excuse an applicant from submitting any specific item of information or document required in this Section if it is found to be unnecessary to the consideration of the specific proposal for PUD approval.

C.

Final Plan Stage. Following approval of a preliminary plan, the applicant shall submit the following final plan materials for review and approval by the City prior to issuance of any building permit.

1.

Application and fee.

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 recording of documents.

4.

A final plat in conformance with the approved preliminary plat.

5.

Final plans in conformance with the approved Preliminary Plan, including, but not limited to:

a.

Grading and Site Alteration Plan.

b.

Soil Erosion Control Plan.

c.

Utility Plans.

d.

Landscaping Plan.

e.

Re-subdivision plan, if any, upon availability of sanitary sewer service.

6.

Final architectural working drawings of all structures.

7.

City/Applicant Agreement for the installation of public improvements and financial guarantees for the completion of such improvements.

8.

Any other plan, agreements, or specifications necessary for the City to review the proposed construction. All work must be in conformance with the Minnesota State Uniform Building Code.

A.

Ownership. An application for PUD 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 approved final plan shall be binding on all owners.

B.

Pre-Application Meeting. Prior to filing of an application for PUD, the applicant of the proposed PUD is encouraged to arrange for and attend a pre-application meeting with the Zoning Administrator. The primary purpose of the meeting 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 Part before incurring substantial expense in the preparation of plans, surveys and other data.

C.

Concept Plan Stage.

1.

Purpose. 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 following elements of the proposed concept plan represents the immediately significant elements for City review and comment:

a.

Overall maximum PUD density/intensity range.

b.

General location of major streets and pedestrian ways.

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.

f.

Other special criteria for development.

2.

Schedule.

a.

The applicant shall file the concept plan application, together with all supporting data and filing fee as established by City Council resolution.

b.

Within 15 working days after verification by the City that the application and required supportive material is completed and adequate, the request shall be processed in accordance with the applicable procedures and schedule as defined by Part 10-31-00 of this Ordinance.

3.

Optional Submission of Preliminary Plan. In the case of single stage PUDs or where the first stage of a multiple stage PUD is to begin immediately, the applicant may initially submit preliminary plans and supportive material. In such case, the City shall consider and act upon such plans according to the applicable provision of this Section.

D.

Preliminary Plan Stage.

1.

Purpose. The purpose of the Preliminary Plan is to provide a specific and particular plan upon which the Planning and Zoning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the Final Plan.

2.

Submission of Preliminary Plan. Upon review of the Concept Plan, the applicant shall file with the City a Preliminary Plan consisting of the information and submissions required by Section 10-37-02 of this Ordinance for the entire PUD or for one (1) or more stages thereof in accordance with a staging plan reviewed as part of the Concept Plan. The Preliminary Plan shall refine, implement, and be in substantial conformity with the Concept Plan.

3.

Review and Action on the Preliminary Plan.

a.

Upon receipt of a complete Preliminary Plan application, the Zoning Administrator shall refer the application to other staff, committees, consultants, or agencies as appropriate.

b.

The Planning and Zoning Commission shall hold a public hearing on the Preliminary Plan. Notice of the public hearing shall be published in the official newspaper designated by the City Council at least 10 days prior to the hearing. The City shall mail written notification of the Preliminary Plan to property owners located within 350 feet of the subject site in the Urban Service Area and within 1,000 feet of the subject site in the Rural Service Area. Timing of the mailed notice shall be the same as that for the published notice. 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 has been made.

c.

The Planning and Zoning Commission shall take public testimony at the public hearing and evaluate the Preliminary Plan. The Planning and Zoning Commission shall make findings and offer a recommendation for either approval or denial. The Planning and Zoning Commission may offer a recommendation of approval with conditions necessary to satisfy City regulations.

d.

The Planning and Zoning Commission shall hold a public hearing on the Preliminary Plan. Notice of the public hearing shall be published in the official newspaper designated by the City Council at least ten days prior to the hearing. The City shall mail written notification of the Preliminary Plan to property owners located within 350 feet of the subject site in the Urban Service Area and within 1,000 feet of the subject site in the Rural Service Area. Timing of the mailed notice shall be the same as that for the published notice. 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 has been made.

4.

Effect of Preliminary Plan Decision. Approval of the Preliminary Plan by the Council shall constitute approval of the rezoning of the property to PUD and conceptual approval of the elements of the plan.

a.

While approval of the Preliminary Plan shall establish the basic right of use for the area in conformity with the plan as approved, such plan shall be conditioned upon approval of a Final Plan and shall not make permissible any of the uses as proposed until a Final Plan is submitted and approved for all or a portion of the Preliminary Plan.

b.

The rezoning of the property to PUD shall be effective upon recording of the final plat with Anoka County.

5.

Limitation on Preliminary Plan Approval. Unless a Final Plan covering the area designated in the Preliminary Plan as the first stage of the PUD has been filed within 12 months from the date City Council grants Preliminary 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 this Ordinance and/or an approved Preliminary Plan, the approval shall be null and void and shall expire. Upon application by the applicant, the City Council, at its discretion, may extend for not more than six (6) months, the filing deadline for any Final Plan when, for good cause shown, such extension is necessary.

6.

Site Improvements. At any time following the approval of a Preliminary Plan by the City Council, and completion and execution of a PUD agreement governing the project, the applicant may, pursuant to the applicable City Code provisions apply for, and the City may issue, grading permits for the area within the PUD for which Preliminary Plan approval has been given. Securities as appropriate may be required of the applicant.

E.

Final Plan Stage:

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 from the PUD process. It shall serve in conjunction with other City Code provisions as the land use regulation application to the PUD. The Final Plan is intended only to add detail to, and to put in final form, the information contained in the Preliminary Plan and shall conform to the Preliminary Plan in all respects.

2.

Schedule.

a.

Upon approval of the Preliminary Plan, and within the time established in Item D.5, above, the applicant shall file with the City a Final Plan application consisting of the information and submissions required in Item D, above, for the entire PUD or for one (1) or more stages.

b.

The City Council shall review the Final Plan application and approve or deny the application with findings of fact.

c.

The applicant shall record the Final Plan in accordance with the timeframes established in Section 11-35-05 or the approval shall be null and void.

3.

Building and Other Permits. Except as otherwise expressly provided herein, upon receiving notice from the City that the approved Final Plan has been recorded and upon application of the applicant pursuant to the applicable City Code provisions, the City may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan provided, however, that no such permit shall be issued unless the City is first satisfied that the requirements of all codes and City Code provisions in which are applicable to the permit sought, have been met.

4.

Limitation of Final Plan Approval. Within one (1) 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 such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of this Ordinance, and other City Code provisions, applicable in the district in which it is located. In such cases, the Council shall forthwith adopt an ordinance repealing the PUD and all PUD approvals and re-establishing the zoning and other City Code provisions that would otherwise be applicable. The time limit established may, at the discretion of the Council, be extended for not more than one (1) year.

5.

Inspections During Development.

a.

Compliance with Overall Plan. Following Final Plan approval of a PUD, or a stage thereof, the City shall, at least annually until the completion of the development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.

b.

If the City finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, the City shall either by ordinance revoke the PUD, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the Final Plans as approved; or shall require the landowner or applicant to seek an amendment to the Final Plan.

(Ord. 325, SS, § 7, 2-5-2024)

If periodic review of a PUD project is included as a condition to the approval of a PUD, such a project shall be reviewed by the City Council. The Council may, at its discretion, call a public hearing as part of its review. Notice of such hearing shall be given in the same manner as outlined in Section 10-37-03 of this Ordinance.

A.

Any deviation or modification from the terms or conditions of an approved PUD or any alteration in a project for which a PUD has been approved shall require an amendment of the original Preliminary Plan.

B.

Amendments which are minor in nature and do not require amendments in the terms of a PUD Ordinance may be approved by resolution and approved by a simple majority of the Council.

C.

The same application and review procedure for a major amendment of a PUD shall be followed as was followed with respect to the applicant's initial request, as outlined in Section 10-37-03 of this Ordinance.

D.

The affirmative vote of four-fifths (⅘) of the full Council shall be required for approval of an amendment of a PUD.

A.

Records. The Zoning Administrator shall maintain a record of all PUDs including information on a project's permitted uses, all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the Zoning Administrator may deem appropriate.

B.

Withdrawal of an Application. Any application under this Part may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon.

C.

Financial Security to Assure Compliance. In order to ensure that all improvements contained in a PUD are completed in accordance with said plan and to ensure that an applicant fully complies with all conditions of a PUD permit, the applicant may be required to post a letter of credit guaranteeing the faithful performance of such work and compliance with such conditions. Such security shall be in a form satisfactory to the City, shall be in an amount established by the City Council, and shall cover each segment or each phase of a PUD project. The amount of said security may be reduced or a portion of said bond may be released as specific segments of each phase of development have been completed, upon approval by the City Council.

D.

Conveyance of Property within a PUD Project. In the event that any real property within an approved PUD project is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD permit and the plan of development for that project. However, nothing in this Ordinance shall be construed as to make such conveyed property non-conforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD permit and the plan of development for a project.