11.55 - Planned Unit Development § 11.55
Section 11.55: Planned Unit Development
Subdivision 1. Intent and Purpose
It is the intent of this Section to provide an optional method of regulating land use
which permits flexibility from the other provisions of Chapters 11 and 12 of the City
Code, including flexibility in uses allowed, setbacks, height, parking requirements,
number of buildings on a lot and similar regulations.
A. The purpose of this Section is to:
1. Encourage, preserve and improve the health, safety and general welfare
of the people of the City by encouraging the use of contemporary land
planning principles.
2. Achieve a high quality of site planning, design, landscaping, and building
materials which are compatible with the existing and planned land uses.
3. Encourage preservation and protection of desirable site characteristics
and open space and protection of sensitive environmental features
including steep slopes, trees, scenic views, waterways, wetlands and
lakes.
4. Encourage construction of affordable housing and a variety of housing
types.
5. Encourage creativity and flexibility in land development.
6. Encourage efficient and effective use of land, open space, streets, utilities
and other public facilities.
7. Allow mixing land uses and assembly and development of land to form
larger parcels.
8. Encourage development in transitional areas which achieve compatibility
with all adjacent and nearby land uses.
9. Achieve development consistent with the Comprehensive Plan.
10. Achieve development consistent with the City's redevelopment plans and
goals.
11. Encourage development that is sustainable and has a high degree of
energy efficiency.
B. This Section applies to all Planned Unit Developments existing in the City on
the date of its enactment and all subsequently enacted Planned Unit
Developments (or PUDs).
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§ 11.55
Subdivision 2. Applicability
A. Optional Land Use Control. Planned Unit Development provisions provide an
optional method of regulating land use which permits flexibility in the uses
allowed and other regulating provisions including setbacks, height, parking
requirements number of buildings on a lot and similar regulations provided
the following requirements are met and the PUD plan complies with the other
provisions of this and other Planned Unit Development Sections. Approval of
a Planned Unit Development and granting of a PUD agreement does not alter
the existing zoning district classification of a parcel in any manner; however,
once a PUD has been granted and is in effect for a parcel, no building permit
shall be issued for that parcel which is not in conformance with the approved
PUD Plan, the Building Code, and with all other applicable City Code
provisions.
B. Uses. Once a Final PUD Plan is approved, the use or uses are limited to those
approved by the specific approved PUD ordinance for the site and by the
conditions, if any, imposed by the City in the approval process.
C. Maintenance Preservation. All features and aspects of the Final PUD Plan and
related documents including but not limited to buildings, setbacks, open
space, preserved areas, landscaping, wetlands, buffers, grading, drainage,
streets and parking, hard cover, signs and similar features shall be used,
preserved and maintained as required in said PUD plans and documents.
Subdivision 3. Standards and Guidelines
A. Intent and Purposes. A PUD shall meet and be consistent with the intent and
purpose provisions and all other provisions of this Section.
B. Findings. Approval of a Preliminary or Final PUD Plan, or a PUD Amendment,
requires the following findings be made by the City.
1. Quality Site Planning. The PUD plan is tailored to the specific
characteristics of the site and achieves a higher quality of site planning
and design than generally expected under conventional provisions of the
ordinance.
2. Preservation. The PUD plan preserves and protects substantial desirable
portions of the site's characteristics, open space and sensitive
environmental features including steep slopes, trees, scenic views, creeks,
wetlands and open waters.
3. Efficient - Effective. The PUD plan includes efficient and effective use
(which includes preservation) of the land.
4. Consistency. The PUD Plan results in development compatible with
adjacent uses and is consistent with the Comprehensive Plan and
redevelopment plans and goals.
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§ 11.55
5. General Health. The PUD plan is consistent with preserving and improving
the general health, safety and general welfare of the people of the City.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose
provision and all other PUD ordinance provisions.
C. Size. Each residential PUD must have a minimum area of two (2) acres,
excluding areas within a public right-of-way, designated wetland, or
floodplain overlay district, unless the applicant can demonstrate to the
satisfaction of the City Manager or his/her designee the existence of one (1)
or more of the following:
1. Unusual physical features of the property itself or of the surrounding
neighborhood such that development as a PUD will conserve a physical or
topographic feature of importance to the neighborhood or community.
2. The property is directly adjacent to or across a right-of-way from property
which has been developed previously as a PUD and will be perceived as
and will function as an extension of that previously approved
development.
3. The property is located in a transitional area between different land use
categories.
D. Frontage. Frontage on a public street shall be at least one hundred (100) feet
or adequate to serve the development.
E. Setbacks.
1. The City may allow some flexibility in setbacks if it benefits all parties and
the environment. Requiring greater or allowing lesser setbacks may be
based on uses on and off the site, natural amenities and preservation,
topography, density, building heights, building materials, landscaping,
lighting and other plan features. The rationale and justification for these
setbacks shall be described in the narrative.
2. Principal Building. No principal building shall be closer than its height to
the rear or side property line when such line abuts on a single-family
zoning district.
3. All Buildings. No building shall be located less than fifteen (15) feet from
the back of the curb line along those roadways which are a part of the
internal road system. Some minor deviations may be allowed provided
adequate separation is provided through additional landscaping, berming
or similar means.
F. Private Service Facilities or Common Areas. In the event certain land areas or
structures are proposed within the planned unit development for shared
recreational use or as service facilities, the owner of such land and buildings
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§ 11.55
shall enter into an agreement with the City to assure the continued operation
and maintenance to a pre-determined reasonable standard. These common
areas may be placed under the ownership of one (1) of the following as
determined by the Council:
1. Dedicated to public where community-wide use is anticipated.
2. Landlord.
3. Landowners or Homeowners Association, provided appropriate conditions
and protections satisfactory to the City are met such as formation of the
association, mandatory membership, permanent use restrictions, liability
insurance, local taxes, maintenance, and assessment provisions.
G. Private Streets. Private streets shall not be approved, nor shall public
improvements be approved for any private right-of-way, unless a waiver is
granted by the City based on the following and other relevant factors:
1. Extension of a public street is not physically feasible as determined by the
City;
2. Severe grades make it infeasible according to the City to construct a
public street to minimum City standards;
3. The City determines that a public road extension would adversely impact
natural amenities; or
4. There is no feasible present or future means of extending right-of-way
from other directions.
5. If the City determines that there is need for a public street extension, this
provision shall not apply, and the right-of-way for a public street shall be
provided by dedication in the plat.
6. If a waiver is granted for the installation of private streets, the following
design standards shall apply:
a. The street must have adequate width consistent with the
Transportation Plan and must be located and approximately centered
within an easement at least four (4) feet wider than the street.
b. The private street shall be designed to minimize impacts upon
adjoining parcels.
c. The design and construction standards must result in a functionally
sound street in balance with its intended use and setting.
d. The number of lots to share a common private access drive must be
reasonable.
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§ 11.55
e. Covenants which assign driveway installation and future maintenance
responsibility in a manner acceptable to the City must be submitted
and recorded with the titles or the parcels which are benefited.
f. Common sections of the private street serving three (3) or more
dwellings must be built to a seven-ton design, paved to a width of
twenty (20) feet, utilize a minimum grade, and have a maximum
grade which does not exceed ten percent (10%).
g. The private street must be provided with suitable drainage.
h. Covenants concerning maintenance and use shall be filed against all
benefiting properties.
i. Street addresses or City-approved street name signs, if required, must
be posted at the point where the private street intersects the public
right-of-way.
H. Hard Surfaces. Hard surface coverage is expected not to exceed the following
standards.
Uses Maximum Hard Cover Percent
Single Family 38%
Townhouses 40%
Apartments-Condominiums 42%
Institutional Uses 45%
Industrial Uses 70%
Business Uses 80%
Commercial-Retail 90%
Mixed Uses of Housing with Retail, Office or Business 90%
I. Public Space. Properties within PUDs are subject to the dedication of parks,
playgrounds, trails, open spaces, storm water holding areas and ponds as
outlined in the Subdivision Code, the Comprehensive Plan, redevelopment
plans or other City plans.
Source: Ordinance No. 584, 2nd Series
Effective Date: 11-26-15
3. Mixed-income Housing. All applications for new PUDs submitted after
September 19, 2017, shall be consistent with the City's Mixed-Income
Housing Policy.
Source: Ordinance No. 631, 2nd Series
Effective Date: 03-15-18
K. Public Amenities. All PUD applications submitted after December 1, 2015,
shall provide at least one (1) amenity or combination of amenities that total
at least five (5) points from the Public Amenity Option table. An applicant
may petition for credit for an amenity not included in the Public Amenity
Option table that is not otherwise required in the underlying Zoning District;
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§ 11.55
however, if the petition is granted, the amenity may only be allotted up to
two (2) points.
PUD Amenity Options
Points Amenity Standards
5 Green Roof Installation of an extensive, intensive, or semi-
intensive, modular or integrated green roof
system that covers a minimum of fifty percent
(50%) of the total roof area proposed for the
development.
Source: Ordinance No. 584, 2nd Series
Effective Date: 11-26-15
5 Affordable Housing Units Provide affordable housing units beyond the
minimum amount required in the City's Mix-
Income Housing Policy (and comply with all other
provisions in the Policy). Three options of
affordability include:
• An additional ten percent (10%) of units within
development are rented or sold at thirty
percent (30%) of Area Median Income or less.
• An additional twenty percent (20%) of units
within development are rented or sold at fifty
percent (50%) of Area Median Income or less.
• An additional thirty percent (30%) of units
within development are rented or sold at eighty
percent (80%) of Area Median Income or less.
Source: Ordinance No. 584, 2nd Series
Effective Date: 11-26-15
4 Public Open Space Contiguous ground level outdoor open space that
is provided beyond the amount of open space
required in the underlying Zoning District
requirements. The space shall preserve the
natural landscape while providing the opportunity
for members of the public to interact with the
natural habitat using walkways, benches, or other
mechanisms.
4 Utilization of a Renewable Use of a photovoltaic or wind electrical system,
Energy Source solar thermal system and/or a geothermal heating
and cooling system for at least fifty percent (50%)
of the annual energy demand in new and existing
buildings The applicant must demonstrate that the
quantity of energy generated by the renewable
energy system(s) meets the required percentage
through a whole building energy simulation.
Renewable Energy Sources shall be in accordance
with the underlying Zoning District and any other
applicable requirements of the City Code.
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§ 11.55
PUD Amenity Options
Points Amenity Standards
4 Leadership in Energy and The proposed development shall achieve LEED
Environmental Design Platinum certification approved by a LEED
(LEED) Platinum Accredited Professional (LEED-AP) by a date
Certification determined in the Development Agreement.
During the PUD approval process, the developer
must submit a LEED checklist and documentation
to the City that shows the project will comply with
LEED Platinum requirements.
3 Leadership in Energy and The proposed development shall achieve LEED
Environmental Design Gold certification approved by a LEED Accredited
(LEED) Gold Certification Professional (LEED-AP) by a date determined in
the Development Agreement. During the PUD
approval process, the developer must submit a
LEED checklist and documentation to the City that
shows the project will comply with LEED Gold
requirements.
3 Community Garden Permanent and viable growing space and/or
facilities such as a greenhouse or a garden, which
provides fencing, watering systems, soil, secured
storage spaces for tools, solar access, and
pedestrian access as applicable. The facility shall
be designed to be architecturally compatible with
the development to minimize the visibility of
mechanical equipment.
3 Public Recreation Area An active, safe, and secure outdoor recreation
area open and visible to the public that includes
equipment or natural features suitable for
recreational use.
3 Public Plaza Plazas shall be open to the public during daylight
hours and provide opportunities for the public to
interact with the space using outdoor furniture,
art, or other mechanisms.
3 Public Art The art shall be maintained in good order for the
life of the principle structure. The art shall be
located where it is highly visible to the public. If
located indoors, such space shall be clearly visible
and easily accessible from adjacent sidewalks or
streets.
3 Creation or Preservation Creation, preservation, rehabilitation, or
of Significant/Historic restoration of designed historic landmarks or
Architecture significant architectural features as a part of the
development.
2 Enhanced Bicycle and Eligible facilities may include a combination of the
Pedestrian Facilities following: heated transit shelter, bicycle repair
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§ 11.55
PUD Amenity Options
Points Amenity Standards
tools, rest area, wayfinding signs, sheltered
walkway, woonerf, and other amenities that
increase the convenience and encourage the use
of public walkways and bikeways beyond what is
otherwise required in the underlying Zoning
District.
2 Enhanced Stormwater The design must provide capacity for infiltrating
Management stormwater beyond what is required by the City
and Watershed District and the design must serve
as a visual amenity to the property.
2 Underground Parking At least Seventy-five percent (75%) of parking
on-site shall be located underground.
1 Water Feature Usable to A water feature, including but not limited to a
Public reflecting pond, a children's play feature, or a
fountain shall be located where it is highly visible
and useable by the public.
1 Shared Bicycle and Accommodation for shared vehicles or shared
Vehicle Facilities bicycles on site. The shared service provider must
be committed in writing to the use of the space in
order to be eligible.
1 Enhanced Exterior A lighting plan that highlights significant areas of
Lighting the site or architectural features of the building(s)
and acts as a visual amenity for the development.
1 Informational/Interpretive Permanent signs that inform the public of unique
Displays aspects or history of the property.
1 Enhanced Landscaping A landscaping plan prepared by a licensed
landscape architect that provides exceptional
design with a variety of pollinators and native
trees, shrubs, and plant types that provide
seasonal interest and that exceed minimum City
standards.
1 Electric Car Charging An electric vehicle charging station accessible to
Station residents, employees, and/or the public.
Subdivision 4. Procedures
A. Qualifications. Application for a PUD or PUD amendment may be made only
by: 1) the owner of the land involved in the PUD application, or by a duly
authorized representative, or 2) an option or contract holder, provided the
application is accompanied by fully executed agreements or documents from
the owner stating that such owner has no objections to the proposed
application and is in fact joining in the same as such owner's interest may
appear. The City may act as an applicant on its own behalf or on the behalf
of an affiliated governmental body.
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§ 11.55
B. Preliminary PUD Conference. Prior to filing a PUD application and prior to
conducting a neighborhood meeting, the applicant shall meet with City staff
for a pre-application conference. The primary purpose of the conference is to
allow the applicant and staff to discuss land use controls, appropriate use of
the site, design standards, how the plan will achieve higher quality and meet
the PUD purpose and design requirements, the application process, and the
general merits of the applicant's proposal.
C. Neighborhood Meeting. At an appropriate point during development of a
Preliminary PUD Plan or major PUD amendment application process, the
applicant shall hold a neighborhood meeting. All property owners within five
hundred (500) feet of the PUD, or a larger area as determined by the City,
shall be given notice of the meeting. The purpose of the meeting is to inform
the neighborhood of the proposal, discuss the concepts and basis for the plan
being developed and to obtain information and suggestions from the
neighborhood.
D. Preliminary PUD Review.
1. Planning Division. Upon submission of a completed Preliminary PUD Plan
application, the Planning Division shall:
a. Refer. Refer the application to other City departments for their written
evaluations regarding those aspects of the proposal which affect public
safety and the delivery of City services.
b. Notify. Notify by mail property owners within five hundred (500) feet
of the PUD, or a larger area to be determined by the City, of the public
information meeting. However, failure of any property owner to
receive notification shall not invalidate the proceedings.
c. Report. Prepare a report and refer it to the Planning Commission for
review at the informal public hearing.
2. Planning Commission.
a. Informal Public Hearing. The Planning Commission shall hold an
informal public hearing and consider the application for consistency
with the Intent and Purpose provisions and other PUD requirements
and principles and standards adhered to in the City. The Planning
Commission's report to the Council shall include recommended
changes, conditions, or modifications.
b. Recommendation. The findings and recommendation of the Planning
Commission shall be forwarded to the Council and may include
recommended conditions and modifications to the Preliminary PUD
Plan.
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§ 11.55
3. City Council.
a. Public Hearing. The Council shall hold a public hearing and take action
on the application. All property owners within five hundred (500) feet
of the PUD, or a larger area as determined by the City, shall be given
notice of the meeting. The public hearing shall be called and notice
thereof given in the manner required by statute.
b. Action. The findings and action of the Council may include a request
for plan amendments, approval, denial, or other action deemed
appropriate by the Council such as referral back to the Planning
Commission.
E. Final PUD Conference. Following approval by the City Council of the
Preliminary PUD Plan, with or without conditions, and prior to the submission
of the Final PUD Plan for review, the applicant shall meet with City staff to
demonstrate that all conditions or required modifications to the Preliminary
PUD Plan have been addressed. Failure to hold this meeting prior to
submission of the Final PUD Plan shall be grounds to deem the application
incomplete.
F. Final PUD Review.
1. Planning Division. Upon submission of a completed Preliminary PUD Plan
application, the Planning Division shall:
a. Refer. Refer the application to other City departments for their written
evaluations regarding those aspects of the proposal which affect public
safety and the delivery of service.
b. Notify. Notify by mail property owners within five hundred (500) feet
of the PUD, or a larger area to be determined by the City, of the public
information meeting. However, failure of any property owner to
receive notification shall not invalidate the proceedings.
c. Report. Prepare a report and refer it to the Planning Commission for
review at the informal public hearing.
2. Planning Commission.
a. Informal Public Hearing. The Planning Commission shall hold an
informal public hearing. All property owners within five hundred (500)
feet of the PUD or a larger area as determined by the City, shall be
given notice of the meeting.
b. Consistency. The Commission shall review the Final PUD Plan for
consistency with the Preliminary PUD Plan as approved by the Council,
and the conditions, if any imposed by the Council, the Intent and
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§ 11.55
Purpose provisions, all other provisions of the PUD ordinance, and
principles and standards adhered to in the City.
c. Recommendation. The findings and recommendation of the Planning
Commission shall be forwarded to the Council and may include
recommended conditions and modifications to the Final PUD Plan.
3. City Council.
a. Public Hearing. The City Council shall hold a public hearing. All
property owners within five hundred (500) feet of the PUD, or a larger
area as determined by the City, shall be given notice of the meeting.
The public hearing shall be called and notice thereof given in the
manner required by statute.
b. Action. The findings and action of the Council may include plan
amendments, approval, denial, or other action based on findings and
deemed appropriate by the City Council such as referral back to the
Planning Commission.
4. Approval. Approval of a Planned Unit Development shall be by ordinance
requiring an affirmative vote of a majority of the City Council.
Subdivision 5. Application - Preliminary PUD Plan
A. Application and Preliminary PUD Plan Requirements. The applicant shall
complete and sign the application and submit a Preliminary PUD Plan. All
application requirements must be completed and submitted for the
application to be processed. If it is proposed to develop a project during a
period which will exceed two (2) years, the applicant may request approval
of a Preliminary PUD Plan for the entire project and permission to submit a
Final PUD Plan only for the first stage of the project. Separate public hearings
and a Final PUD Plan shall nevertheless be required respecting such
successive stage of the project as the same is reached. Except to the extent
the City Manager or his/her designee requires more or less information, the
application shall include, but not be limited to, the following information:
1. Narrative. A narrative statement explaining how the proposed PUD will
meet the purpose and other provisions of this Section.
2. Preliminary Site/Development Plan. A plan of the proposed development
illustrating the nature and type of proposed development shall identify all
land uses and proposed square footages, the locations of buildings,
existing and proposed roadways and accesses, pedestrian ways and
sidewalks, proposed parking areas, areas to be preserved, public and
common areas, and the amenities to be provided. Setback measurements
from buildings, roads, parking and high use outdoor activity areas to the
nearest lot lines shall be shown on the Site Plan.
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§ 11.55
3. Preliminary Preservation Plan. A Preservation Plan showing the areas to
be preserved and spaces to be left open shall be provided. Preference
shall be given to protecting sensitive environmental features including
steep slopes, trees, scenic views, waterways, wetlands and lakes.
4. Preliminary Stormwater Management Plan. Preliminary plans for grading,
drainage and erosion control which meet the City's standards shall be
submitted. The plan shall show hard surface calculations by areas -
buildings, private streets, driveways, parking lots, plazas, walks, trails,
and all other impervious surfaces.
5. Preliminary Utilities Plan. The applicant shall provide a plan showing how
the site will be served by utilities.
6. Preliminary Building Code Analysis.
7. Preliminary Plat. All data required for a preliminary plat by the
requirements of the Subdivision Regulations Chapter of the City Code.
8. Preliminary Building Elevations, including height and materials.
9. Future Requirements. The applicant is advised to consider the additional
requirements for a Final PUD Plan when preparing the Preliminary PUD
Plan.
10. Other. An applicant may submit any additional information which may
explain the proposed PUD.
Subdivision 6. Application - Final PUD Plan
A. Application and Final PUD Plan Requirements. Unless the applicant has
obtained City Council permission under Subd. 5(A) hereof to develop a
project over more than two (2) years, the applicant shall submit a complete
Final PUD Plan within one hundred eighty (180) days of Preliminary PUD Plan
approval. Such one hundred eighty (180) day period may be extended for
additional one hundred eighty (180) day periods by the City Council in the
exercise of its sole discretion subject to such additional conditions as it
deems appropriate. The Final PUD Plan shall be consistent with the
Preliminary PUD Plan approved by the City Council, as well as the PUD Intent
and Purpose provisions hereof. Except to the extent the City Manager or
his/her designee requires more or less information, the application shall
include, but not be limited to, the following:
1. Narrative. A narrative statement explaining how the proposed PUD will
meet the purpose and other provisions of this Section. The narrative must
demonstrate that all conditions or required modifications to the
Preliminary PUD Plan have been addressed.
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§ 11.55
2. Final Site/Development Plan. A plan of the proposed development
illustrating the nature and type of proposed development shall identify all
land uses and proposed square footages, the locations of buildings,
existing and proposed roadways and accesses, pedestrian ways and
sidewalks, proposed parking areas, areas to be preserved, public and
common areas, and the amenities to be provided. Setback measurements
from buildings, roads, parking and high use outdoor activity areas to the
nearest lot lines shall be shown on the Site Plan.
3. Final Preservation Plan. A Preservation Plan showing the areas to be
preserved and spaces to be left open shall be provided. The plan shall
include new plantings, fixtures, equipment and methods of preservation.
Said plan and information may be included on the Landscape Plan.
a. Wetlands and Ponds. Wetlands and ponds shall have a riparian buffer
strip composed of natural vegetation but not an improved and/or
fertilized lawn. The applicant shall comply with regulations set forth by
the City of Golden Valley, Bassett Creek Watershed, and the State of
Minnesota.
b. Buffers. Provisions for buffering the PUD site from adjacent uses shall
be included. Natural amenities shall be used to the extent possible and
be supplemented by additional landscaping, berms or other features as
may be appropriate. Buffers shall be based on the type of uses on and
adjacent to the site, views, elevations and activities. Buffers may be
included on the Landscape Plan.
c. Tree Preservation Plan. A complete tree preservation plan consistent
with the PUD requirements and the Preliminary PUD Plan as approved
by the City.
d. Landscape Plans. Complete landscaping plans showing vegetation to
be removed, vegetation to be retained and proposed vegetation. Plans
shall include species, quantities, planting methods and sizes. Within
any specific PUD, the landscaping may be required to exceed the City's
policy on minimum landscape standards.
4. Final Stormwater Management Plan. Complete plans for grading, drainage
and erosion control which meet the City's standards shall be submitted.
The plan shall show hard surface calculations by areas - buildings, private
streets, driveways, parking lots, plazas, walks, trails, and all other
impervious surfaces.
5. Final Utility Plan.
6. Final Building Code Analysis.
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§ 11.55
7. Final Plat. Unless waived by the City, the applicant shall submit a final
plat, as required by the Subdivision Code. The title of the plat must
include the following "P.U.D. No. " (The number to insert will be
provided by the City.)
8. Other items, if determined to be applicable:
a. Transportation and Parking Plan. A complete plan shall be submitted
which includes:
1) Proposed sidewalks and trails to provide access to the building,
parking, recreation and service areas within the proposed
development and connection to the City's system of walks and
trails
2) Internal roads, if any
3) Driveways
4) Parking, including layout dimensions of spaces and aisles, total
parking by use, and a notation about striping/painting the spaces
5) Off-street loading for business uses
6) A plan for snow storage and removal
7) A plan for maintenance of the facilities
8) A calculation of traffic projections by use with assignments to the
roads, drives and accesses serving the PUD, including existing
traffic volumes for adjacent streets using the most recent counts
and/or based on the uses and trip generation estimates
9) A description of the alternatives and locations considered for access
to the site and the rationale used in selecting the proposed
location, width and design of streets, driveways and accesses.
b. Architectural Plans. The applicant shall submit architectural plans
showing the floor plan and elevations of all sides of the proposed
buildings including exterior wall finishes proposed for all principal and
accessory buildings. Cross sections may be required.
c. Lighting Plan. Subject to the requirements in Section 11.73, Outdoor
Lighting.
d. Solid Waste Management and Recycling Plan. The applicant shall
provide a refuse disposal plan including provisions for storage and
removal on a regular basis.
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§ 11.55
f. Dwelling Information. The applicant shall submit complete data as to
dwelling unit number, density net and gross, sizes, types, etc.
g. Life-Cycle and Affordable Housing. If the PUD includes "life-cycle" or
affordable housing, the applicant shall provide a narrative describing
the housing, and the guarantees such as covenants to be used to
secure such housing and maintain long term affordability.
h. Population. The applicant shall submit a population component which
shall contain a descriptive statement of the estimated population and
population characteristics.
i. Employees. If office, commercial, business, service firms or
institutional uses are included in the PUD, the estimated number of
employees shall be included.
j. Schedule. The applicant shall submit a schedule and proposed staging,
if any, of the development.
Subdivision 7. PUD Permit and Development Agreement
Following Council approval of a Final PUD Plan, City staff shall prepare both a PUD
Permit and a Development Agreement which reference all the approved plans and
specify permitted uses, allowable densities, development phasing, required
improvements, neighborhood communication plan if applicable, completion dates
for improvements, Letters of Credit and other sureties, and additional requirements
for each PUD, in accordance with the conditions established in the City Council
approval of the Final PUD Plan and PUD ordinance. The PUD Permit and
Development Agreement shall be signed by the applicant or property owner within
thirty (30) days of the City Council's approval of the permit and agreement.
Subdivision 8. Building Permit
Following approval of a Final PUD Plan and execution of the PUD Permit and
Development Agreement, the City may grant building permits for proposed
structures within the approved PUD area provided the requested permit conforms to
the Final PUD Plan, all provisions of the PUD ordinance, the PUD Permit, the
Development Agreement and all other applicable City Codes.
Subdivision 9. Multiple Parcels
A PUD may be regulated by a single agreement which may include attachments.
One (1) or more of the attachments may cover an individual lot. An applicant
amending an approved PUD must show that the proposed change does not
adversely affect any other property owner, if any, in the PUD, the terms of the Final
PUD Plan, PUD Permit, Development Agreement, and the Intent and Purpose and
other provisions of this Section. A proposed amendment which does not meet this
requirement may be rejected by the City without review as would otherwise be
required by the ordinance.
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§ 11.55
Subdivision 10. Amendments
An application to amend an approved final PUD shall be reviewed by the City
Manager or his/her designee to determine whether the amendment qualifies as a
major amendment, minor amendment, or an administrative amendment.
A. Administrative Amendments. An administrative amendment is reviewed and
approved by City staff in writing. To qualify for this review, the proposed
amendment (i) shall not qualify as a minor amendment or a major
amendment, (ii) shall not have a significant impact to surrounding land uses,
(iii) shall be consistent with the vision and guidance set forth in the
Comprehensive Plan and the PUD as it was originally approved, (iv) shall be
administrative in nature, and (v) may only include changes to the PUD that:
1. Change a Utility Plan;
2. Change a Landscaping Plan;
3. Change an Interior Building Plan;
4. Change an Outdoor Lighting Plan;
5. Change a Grading/Erosion Control Plan;
6. Change an Architectural Elevation; and/or
7. Make other changes determined by the City Manager or his/her designee
to be only administrative in nature.
B. Minor Amendments. A minor amendment shall be approved by a simple
majority vote of the City Council with or without referral to the Planning
Commission. To qualify for this review, the proposed amendment (i) shall not
qualify as an administrative amendment or a major amendment, (ii) shall be
consistent with the vision and guidance set forth in the Comprehensive Plan
and the PUD as it was originally approved, and (iii) may only include changes
to a PUD that:
1. Change land use to a use that is permitted in the underlying Zoning
District;
2. Increase the number of residential dwelling units by less than ten percent
(10%);
3. Demolish or add an accessory structure;
4. Change a front yard, side yard, or rear yard setback that meets the
minimum requirements set forth in the underlying Zoning District;
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§ 11.55
5. Change the number of parking spaces that meets or exceeds the
minimum off-street parking requirements set forth in this Chapter;
6. Change parking lot configuration or design with no change in number of
parking spaces;
7. Increase impervious surfaces up to the maximum amount allowable in the
underlying Zoning District;
8. Change building coverage up to the maximum amount allowable in the
underlying Zoning District;
9. Change gross floor area in any individual building by less than ten percent
(10%);
10. Significantly change architectural elevation plans in a way that alters the
originally intended function of the plans;
11. Significantly change landscape plans in a way that alters the originally
intended function of the plans; and/or
12. Make other changes that do not cause the amendment to be considered a
major amendment, as determined by the City Manager or his/her
designee.
C. Major Amendments. A major amendment shall be reviewed by Planning
Commission and approved by a simple majority vote of the City Council. To
qualify for this review, the proposed amendment shall not qualify as an
administrative amendment or a minor amendment, and may include changes
to a PUD that:
1. Eliminate, diminish or be disruptive to the preservation and protection of
sensitive site features;
2. Eliminate, diminish or compromise the original intent and/or the high
quality of site planning, architectural design, landscape design, landscape
materials, or building materials;
3. Alter the location of buildings or roads;
4. Increase the number of residential dwelling units by ten percent (10%) or
more;
5. Introduce new uses;
6. Demolish or add a principle structure;
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§ 11.55
7. Change a front yard, side yard, or rear yard setback that does not meet
minimum requirements set forth in the underlying Zoning District;
8. Change the number of parking spaces that does not meet the minimum
off-street parking requirements set forth in this Chapter;
9. Increase impervious surfaces above the maximum amount allowable in
the underlying Zoning District;
10. Change building coverage above the maximum amount allowable in the
underlying Zoning District;
11. Increase the gross floor area of any individual building by ten percent
(10%) or more;
12. Increase the number of stories of any building;
13. Decrease the amount of open space by more than three percent (3%) or
alter it in such a way as to change its original design or intended function
or use;
14. Create non-compliance with any special condition attached to the
approval of the Final PUD Plan; and/or
15. Make other changes that do not cause the amendment to be considered
an administrative amendment or a minor amendment, as determined by
the City Manager or his/her designee.
Subdivision 11. Cancellation
A PUD shall only be cancelled and revoked upon the City Council adopting an
ordinance rescinding the ordinance approving the PUD.
Subdivision 12. Administration
A. Deposit. The City may require the applicant to make funds available to cover
fees for professional services generated by the establishment or modification
of the PUD.
B. Records. The Physical Development Department shall maintain a record of all
Planned Unit Developments approved by the City Council including
information on the use, location, conditions imposed, time limits, review
dates, and such other information as may be appropriate. Each approved
PUD shall be clearly noted on the Zoning Map.
C. Certification of Plans. The City may require that PUD plans be certified at the
time of submittal and/or upon completion of construction.
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§ 11.55
D. Time Limits. No application which was denied shall be re-submitted for a
period of six (6) months from the date of said denial.
E. Letter of Credit. To assure conformance to the Final PUD Plan, PUD Permit,
and Development Agreement the City may require the applicant to post a
Letter of Credit in a form approved by the City, guaranteeing the faithful
performance of certain work or matters covered in the agreement and in a
sum equal to one hundred fifty percent (150%) the total cost of all such
items as determined by the Physical Development Department. The Letter of
Credit or other surety may be reduced when specific parts or items are
completed and upon recommendation of the Physical Development
Department.
F. Effect on Conveyed Property. In the event any real property in the approved
PUD Agreement is conveyed in total, or in part, the buyers thereof shall be
bound by the provisions of the approved Final PUD Plan constituting a part
thereof; provided, however, that nothing herein shall be construed to create
non-conforming lots, building sites, buildings or uses by virtue of any such
conveyance of a lot, building site, building or part of the development
created pursuant to and in conformance with the approved PUD.
Source: Ordinance No. 584, 2nd Series
Effective Date: 11-26-15
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