The purpose of the planned unit development is to allow innovative, creative, and flexible development that is sensitive to environmental, cultural and economic considerations in partnership with public values as outlined in the comprehensive plan. Approval of a planned unit development shall result in the creation of an overlay to the base-zoning district with specific requirements and standards that are unique to the planned unit development and therefore be processed as a zoning ordinance and map amendment.

(Ord. No. 415, § 2, 5-22-2017; Ord. No. 467, § 13, 11-13-2023)

A PUD is generally intended for development in the following contexts:

1. Location. A PUD may be located in any district. A PUD may incorporate the regulations of one or more zoning districts as applicable and designated in the specific requirements and standards unique to the development.
2. Minimum area. A PUD must be one parcel or contiguous parcels of land at least ten acres in size or more. Tracts of less than ten acres may be approved only if the applicant can demonstrate that a project of superior design or unique densities can be achieved or that greater compliance with comprehensive plan goals and policies can be attained through the use of a PUD.
3. Unusual physical features. Features of the property itself or of the surrounding neighborhood that through the development of a PUD will conserve a physical or topographic feature(s) of importance to the community.
4. Mixed land uses. The proposed project incorporates a mix of land uses coexisting within the same development to accommodate demands of the population in type, design, and layout uncharacteristic of traditional or existing land use practices in the community.
5. Efficient and effective utilities. Promote a more efficient and effective use of streets, utilities, and public facilities to support high-quality development at a lesser cost.

(Ord. No. 415, § 2, 5-22-2017)

1. Requirements and standards of development. A PUD is subject to additional requirements and standards when, in the opinion of the city council, it will protect the general welfare, public safety and neighborhood character. A PUD shall not be approved simply to circumvent one zoning regulation that prohibits the development under typical zoning regulations.
2. Preservation. A site analysis shall be conducted and an analysis map prepared that identifies all natural amenities and sensitive areas including, but not limited to: lakes, ponds, wetlands, creeks, hills, wooded areas, natural prairies, steep slopes and shoreland areas. Development will be cognizant of natural features and environmentally sensitive areas with the intent to preserve such areas to their fullest unless otherwise deemed infeasible to achieve other established community goals.
3. Density. The PUD shall conform to the density as outlined in the comprehensive plan unless the development can demonstrate conservation subdivision design.
4. Ownership. All property to be included within a PUD shall be under unified ownership or control or be subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved PUD development plan and final site and building plan.
5. Compliance. No building or other permit shall be issued for any work on property included within a proposed or approved PUD prior to city council approval, nor shall any work occur unless such work is in compliance with the proposed or approved PUD.
6. Termination of PUD. If no substantial development has taken place in an approved PUD within one year following approval of the PUD, the city shall have the right to return the property to its pre-PUD zoning designation. The city council may grant a one year extension to the applicant if deemed applicable. No development may be granted more than one extension unless voted by super majority of the city council.
7. Modifications. A PUD may allow for modification to the strict application of regulations of conventional zoning districts but will be in harmony with the goals, policies, and intent of the city's comprehensive plan and this Code.
8. Additional requirements. Other requirements contained in this SECTION or the underlying district or use shall apply to the PUD as deemed appropriate by the city.

(Ord. No. 415, § 2, 5-22-2017)

1. Setbacks, lot area, impervious surface and building height. The various setback, lot area, impervious surface, and building height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in this section. The PUD will identify common bulk regulations for the development.
2. Signs. Signs requirements shall follow provisions of the adopted sign ordinance for the most closely related zoning district as designated in the approving PUD ordinance. The zoning administrator shall determine and interpret the number of signs per PUD.
3. Compatibility. The design of the PUD shall achieve compatibility with surrounding land uses, both existing and proposed, and shall minimize the potential adverse impacts of the PUD on surrounding land uses.
4. Construction phasing. If development of the PUD is to be completed in phases, each phase of construction will address criteria as outlined in the PUD ordinance and as determined by the city council.
5. Infrastructure. Unique qualities of each PUD require that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it is found that strict adherence to the usual standards or requirements are not required to meet the intent of this section.

(Ord. No. 415, § 2, 5-22-2017)

1. A PUD will generally adhere to the following process:
   1. Step one: Pre-application meeting.
      1. Meet with city staff to review contemplated project in relation with community development objectives, the comprehensive plan, and this zoning ordinance. The pre-application meeting will determine requirements of the applicant. Comments received at the pre-application meeting shall not be binding.
      2. Review information on review and processing charges for consultants and city staff.
   2. Step two: Conceptual development (sketch plat) plan review. A site plan application shall include the following for consideration by city staff, the planning commission, and the city council:
      1. Submittal of application, signed by the owner of the property with review fees as determined by the fee schedule.
      2. Erect sign on property identifying name of development, developer, and city meeting dates and times. Said sign shall be placed on the site at least ten days prior to neighborhood meeting.
      3. Submit five full sized hard copies, five reduced sized (11×17) along with an electronic copy of all material to city staff of the concept plan with the following information:
         
         • Property description, acreage, identification of owner and developer.
         • Existing conditions within 600 feet, relationship to the comprehensive plan, existing land uses, transportation, zoning, utilities, etc.
         • Existing natural features, topography (contours at two-foot intervals), soils, vegetation cover, waters, streams, marshes, wetlands, protected wetlands and classifications, and their implications on development.
         • Preliminary tree preservation and replacement plan.
         • Type and square footage of specific land use.
         • Approximate building areas, pedestrian ways and road locations.
         • Height, bulk and square footage of specific land uses.
         • Number of dwelling units.
         • Staging and timing of the development.
         • Renderings/photos of proposed building types.
         • Net densities.
         • Tiered density calculation if within Shoreland Overlay district.
         • Location of parkland (if applicable) to be dedicated to city.
         • Location of storm water management features.
         • General location of trunk utilities.
         • Useable open space.
         • Proposed transportation, recreation and development staging.
         • Proposed land use objectives, assumptions, rationale, type and character of building(s).
         • Preliminary landscaping plan identifying street-scaping and general site beautification.
      Review of a complete conceptual development plan application includes:
      1. Staff review of application for completeness. Staff may provide comments and questions to the applicant that must be addressed and mitigated prior to presentation to the planning commission or city council.
      2. Planning commission review to provide feedback and comment on PUD site plan application.
         1. The planning commission will hold a public informational meeting to consider the site plan with feedback from property owners closely impacted by the proposed project. Notification will be provided to property owners in accordance with this Code.
      3. City council review to provide feedback and comment on the PUD conceptual development review plan application based on information discussed at the planning commission meeting as well as additional discussion and comment.
         1. The findings and comments of the planning commission and city council shall address the consistency of the concept plan with this section. The findings and comments of the planning commission and city council shall be for guidance only.
   3. Step three: Preliminary development plan. A preliminary development plan shall include the following for consideration by city staff, the planning commission, and the city council and shall be processed as an ordinance amendment following the process in Section 17-6:
      1. The development plan shall include the following:
         
         • Site plan showing lot lines, building location, height, bulk and square footage, parking lots, parks and private/common open space, and recreational improvements.
         • Type and square footage of specific land uses.
         • Number of dwelling units, net density and usable open space.
         • Detailed street and utility locations and sizes.
         • Grading and drainage plan, including location and size of pipes and water storage areas and, where appropriate, building pad elevations.
         • Preliminary landscape plan.
         • Traffic study or other information on the impacts of the development on surrounding sites.
         • Colorized plan for uniform signs and lighting, showing size and location.
         • General floor plans for each type of building.
         • Provide a matrix or graphic of zoning provisions that are not addressed by the underlying zoning.
         • Updated tiered density calculation if within Shoreland district if different from information submitted at time of concept plan.
      2. The following additional findings are also required for a favorable recommendation by the planning commission and city council:
         
         • Compatibility with this section and goals and policies of the comprehensive plan.
         • Effect of the proposed plan on the neighborhood in which it is to be located.
         • Internal organization and adequacy of various uses of densities, circulation and parking facilities, public facilities, recreation areas, open spaces, screening and landscaping.
         • Consistency with this Code's performance standards pertaining to site and building plan review.
         • Such other factors as the planning commission or city council deems relevant.
         
      Review of a complete preliminary development plan includes:
      1. Staff review of application for completeness. Staff may provide comments and questions to the applicant that must be addressed and mitigated prior to presentation to the planning commission or city council. Information discussed at the time of concept plan should be addressed and/or corrected at time of preliminary development plan submittal to the city.
      2. Planning commission review to hold a public hearing and provide recommendation of approval or disapproval to the city council.
      3. City council review to act on approval or disapproval of preliminary development plan and PUD Ordinance.
         1. No application for a final PUD shall be processed until the application for a preliminary PUD has been approved by the city council unless staff determines the preliminary PUD and final PUD may be processed simultaneously.
         2. Denial of a preliminary PUD restricts the applicant or owner from reapplying for the same or similar development on the same property for six-months from the day of denial.
   4. Step four: Final development plan. A final development plan shall include the following for consideration by city staff, the planning commission, and the city council:
      1. The development plan shall include the following:
         
         • Detailed utility, street, grading and drainage plans.
         • Detailed building elevations and floor plans, except single family detached homes.
         • Detailed landscaping, sign, lighting and parking plans.
         • Construction drawings (can be draft version).
         • Detailed tree replacement, if applicable.
      2. The final site and building plan must be in substantial compliance with the approved PUD development plan.
      3. Pay balance due, if any.
      4. Remove sign within 14 days of approval, denial or withdrawal.
      Review of a complete final development plan includes:
      1. Staff review of application for completeness. Staff may provide comments and questions to the applicant that must be addressed and mitigated prior to presentation to the planning commission or city council. Information discussed at the time of preliminary plan should be addressed and/or corrected at time of final development plan submittal to the city. The development must comply with the prescribed zoning at the time of final development plan.
      2. Planning commission review to provide recommendation of approval or disapproval to the city council.
      3. City council review to act on approval or disapproval of final development plan and PUD Ordinance.
         1. The city council shall consider the final PUD development plan. If the city council deems it necessary, it may set a public hearing for consideration of the final development plan. The city council may deny or approve the final development plan in whole or in part.
         2. Denial of a preliminary PUD restricts the applicant or owner from reapplying for the same or similar development on the same property for six-months from the day of denial.
         3. Approval granted to the applicant shall not be transferable.
         4. Approval of the PUD development plan shall indicate approval of the previously listed items and, after the approval of the PUD, nothing shall be constructed nor shall there be any new use of the property on the PUD site, in conformance with the approved plans and this SECTION.
         5. Proposed development of land for which a PUD has been approved or modifications to an existing project which does not conform to the approved final plan shall be processed and approved in the same manner as a preliminary and final development plan except that submission requirements shall be modified as appropriate by city staff to reflect the nature of the proposed amendment.

(Ord. No. 415, § 2, 5-22-2017; Ord. No. 467, § 14, 11-13-2023)

1. Development agreement. The city may require the owner and developer of a proposed PUD to execute a development agreement which may include, but not be limited to, all requirements of the final PUD development plan as a condition to approval of a final PUD. The development agreement should include information regarding a potential homeowner's association and outline the HOA maintenance plan as well as development amenities such as landscaping, lighting, and signage.
2. Letter of credit. The development agreement may require the developers to provide an irrevocable letter of credit in favor of the city, performance guarantee or cash escrow. The letter of credit shall be provided by a financial institution licensed in the state and acceptable to the city. The city may require that certain provisions and conditions of the development agreement be stated in the letter of credit. The letter of credit shall be in the amount sufficient to ensure the provision or development of improvement called for by the development agreement.

(Ord. No. 415, § 2, 5-22-2017)