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MiNEsEso�� PLANNING REPORT
AGENDA ITEM: 6 B
SUBJECT: REVISIONS TO ZONING ORDINANCE AMENDMENT
PERTAINING TO SECTION 1106 (PLANNED UNIT
DEVELOPMENTS) OF THE ZONING ORDINANCE
PREPARED BY: JANE KANSIER, PLANNING DIRECTOR
PUBLIC HEARING: _YES X NO
DATE: SEPTEMBER 27, 2004
CASE NO.: 04-72
INTRODUCTION
On September 13, 2004, the Planning Commission held a public hearing to
consider an amendment to the Zoning Ordinance as it pertains to Section 1106
(Planned Unit Developments). The purpose of this amendment is to establish
each PUD as its own Zoning District, rather than as an overlay district. This will
allow more flexibility in.uses and other standards. The amendment also includes
language that requires a high standard of development in exchange for mixed
uses and flexibility in selected bulk standards.
The Planning Commission recommended approval of the amendment, subject to
some changes in language. Specifically, the Planning Commission
recommended the following:
• Require a submittal of a market study, but be sensitive as to the scope of
that study.
• Change the process so an ordinance is adopted at the preliminary plan
stage. The final plan process should still require a public hearing.
• Define a reasonable time as 1 year after approval of the preliminary PUD
plan, but include an opportunity to request an extension.
• The City Attorney has also suggested the minimum area for a PUD be
increased to 40 acres. This is to avoid the appearance of spot zoning.
Attached to this report is a revised draft of the proposed amendment. The
significant changes are highlighted.
ACTION REQUIRED:
The staff is requesting some feedback on the changes prior to the City Council
meeting. Since the changes are not substantially different than what was
I:\04 files\04 ordin amend\04 zoning\mixedmu.dLtot kvi Olmd3tdac 1
Phone 952.447.4230 / Fax 952.447.4245
previously discussed by the Planning Commission, there is no need to reopen
the public hearing. However, the staff would like the Planning Commission's
comments on the minimum area for a PUD. This information will be forwarded to
the City Council.
ATTACHMENT:
1. Revised Draft Ordinance Amendment
IA04 files\04 ordin amend\04 zoning\mixed use district\pc reportldoc 2
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SECTION 1106
MIXED USE PLANNED UNIT DEVELOPMENT DISTRICTS
SUBSECTIONS
1106.100: Purpose
1106.200: Findings
1106.300: Definition
1106.400: Authorization
1106.500: Allowed Uses
1106.600: Minimum PUD Eligibility Requirements
1106.700: PUD Submission Requirements and Procedures
1106.100: PURPOSE. The purpose of the Planned Unit Development District (PUD) is to
offer an alternative to development as outlined in the residential, commercial,
and industrial use districts of this Ordinance. The PUD District will and to provide
for greater flexibility in the development and redevelopment process as
compared to development under the definitive and precise requirements of the
conventional use districts. The PUD District must demonstrate that the particular
areas to be developed can offer greater value to the community and can better
meet the community's health, welfare, and safety requirements than if those
same areas were to be developed in a single purpose zone. The PUD process
provides for a joint planning/design effort by developers and City officials.
Development in a single purpose Use District establishes maximum limits within
which developers must perform. The Planned Unit Development may be multi-
purpose in nature so that not only may it be residential, commercial, or industrial,
but also it may contain a combination of these uses. It is not the intent of this
Section to allow for reductions or waivers to the standard Use District
requirements solely for the purpose of increasing overall density, allowing the
use of private streets or allowing development that otherwise could not be
approved.
1106.200 FINDINGS. The City Council finds that the City and its residents will benefit by
creating a process which permits Planned Unit Development District which will
allow for greater flexibility in the development of a parcel or property by tailoring
the development to the site and neighborhood. Such benefits include, but are
not limited to:
(1) Provides a flexible approach to development which is in harmony with the
purpose and intent of the City's Comprehensive Plan and Zoning Ordinance.
(2) More creative, efficient and effective use of land, open space and public facilities
through mixing of land uses.
(3) Create a sense of place and provide more interaction among people;
(4) Increase economic vitality and expand market opportunities;
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(5) Support long-term economic stability by strengthening the tax base, job market
and business opportunities;
(6) Increase transportation options, such as walking, biking or bussing;
(7) Provide opportunities for life cycle housing to all ages.
(8) Provide more efficient and effective use of streets, utilities, and public facilities
that support high quality land use development at a lesser cost.
(9) Enhanced incorporation of recreational, public and open space components in
the development which may be made more useable and be more suitably
located than would otherwise be provided under conventional development
procedures. The PUD district also encourages the developer to convey property
to the public, over and above required dedications, by allowing a portion of the
density to be transferred to other parts of the site.
(10) Preserves and enhances desirable site characteristics and open space, and
protection of sensitive environmental features including, but not limited to, steep
slopes, wetlands, and trees. Where applicable, the PUD should also encourage
historic preservation, re-use and redevelopment of existing buildings.
(11) High quality of design compatible with surrounding land uses, including both
existing and planned.
1106.300 DEFINITION. A planned unit development (PUD) is a development of land that is
under unified control and is planned and developed as a whole in a single
development operation or in a programmed series of development stages. The
development may include streets, circulation ways, utilities, buildings, open
spaces, and other site features and improvements. A planned unit development
is built according to a detailed final development plan, as approved by the City
Council.
1106.400 AUTHORIZATION. Approval of a Planned Unit Development District may
allow:
(1) Variety: Within a comprehensive site design concept a mixture of land uses,
housing types and densities.
(2) Sensitivity: Through the departure from the strict application of required
setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements,
and other performance standards associated with traditional zoning, planned unit
development can maximize the development potential of land while remaining
sensitive to its unique and valuable natural characteristics.
(3) Efficiency: The consolidation of areas for recreation and reductions in street
lengths and other utility-related expenses.
(4) Density Transfer: The project density may be clustered, basing density on
number of units per acre versus specific lot dimensions.
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(5) District Integration: The combination of uses which are allowed in separate
zoning districts, such as:
a. Mixed residential allows both densities and unit types to be varied within
the project.
b. Mixed residential with increased density acknowledging the greater
sensitivity of PUD projects, regulation provides increased density on the property
if a PUD is utilized.
C. Mixed land uses with the integration of compatible land uses within the
project.
1106.500 ALLOWED USES. Uses within a PUD District may include only those uses
generally considered associated with the general land use category shown for
the area on the official Comprehensive Land Use Plan Map. Specific allowed
uses and performance standards for each PUD shall be delineated in an
ordinance and development plan. The PUD development plan shall identify all
the proposed land uses and those uses shall become permitted uses with the
approval of the development plan by the City Council. Any change in list of uses
presented in the development plan will be considered an amendment to the PUD
and will follow the procedures specified in Section 1106.711 of this Ordinance.
1106.501 Required Standards. The City shall consider a proposed PUD District from the
point of view of all standards and purposes of the Comprehensive Land Use Plan
to achieve a maximum coordination between the proposed development and the
surrounding uses, the conservation of woodland and the protection of health,
safety and welfare of the community and residents of the PUD. To these ends,
the City Council shall consider the location of the buildings, compatibility, parking
areas and other features with respect to the topography of the area and existing
natural features such as streams and large trees; the efficiency, adequacy and
safety of the proposed layout of internal streets and driveways; the adequacy
and location of green areas; the adequacy, location and screening of parking
areas; and such other matters as the City Council may find to have a material
bearing upon the stated standards and objectives of the Comprehensive Land
Use Plan. In reviewing a PUD plan, the City Council must also consider the
compatibility of the development with the Shoreland and Flood Plain district
requirements.
1106.600: MINIMUM PUD ELIGIBILITY REQUIREMENTS. Projects available for PUD
treatment shall have a site which consists of a parcel or contiguous parcels of
land in common ownership 0, acres or more in size. An owner(s) of a tract of
land less thaifrequireme,nt-RPrsYant
acres may apply to the Planning Commission for an exception
to the to subsection 1106.601 below,
The City Council may impose additional restrictions or requirements on land
developed under the PUD process. The City Council shall make specific findings
that the restrictions or requirements being imposed furthers, addresses,
promotes or protects the general welfare, public safety, aesthetics, neighborhood
character, environmental features or property values. These additional
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requirements may include, but are not limited to, traffic, traffic signals, parking,
bufferyards, landscaping, noise, lighting, hours of operation, architectural design
and off-site road and utility improvements.
1106,601 Exception to #-Acres Requirement. In the case of a project where the
applicant is seeking an exception to the am requirements, the applicant
must submit a Concept Plan for review and approval by the Planning
Commission. The Planning Commission shall decide, based upon the criteria
set forth below, whether to authorize the City staff to accept and process an
application for a Preliminary PUD Plan for a project less than
(1) The proposed project meets all other criteria for a PUD except the
acreage requirement.
(2) There are unique circumstances that prohibit the applicant from
assembling 10 contiguous acres.
(3) The proposed project is consistent with the goals and objectives of the
Comprehensive Plan.
(4) The applicant intends to provide for greater parks, open space, trails or
public areas than required by this Ordinance.
All preliminary PUD Plan applications permitted under this subsection shall be
reviewed based on the standards and criteria for a PUD set forth in this
Ordinance.
1106.700 PUD SUBMISSION REQUIREMENTS AND PROCEDURES. Planned Unit
Developments shalf be proposed and considered according to the requirements
of this subsection.
1106.701 Concept Plan. Before filing an application for approval of a Preliminary PUD
plan, the applicant is encouraged to submit a Concept Plan for review and
comment by the City staff. Materials and information necessary for a Concept
Plan include a map showing the location and size of the property, and any
preliminary plans developed for the property. The applicant should be prepared
to discuss the following: Comprehensive Plan consistency, relationship of the
proposed development to the existing neighborhood, parks and open space,
streets, utilities, steep slopes, wetlands and environmentally sensitive issues,
and drainage and storm water management. The applicant may request a
review of the Concept Plan by the Planning Commission to obtain the
Commission's nonbinding comments on its merits.
1106.702 Preliminary PUD Plan. The preliminary PUD 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.
1106.703 Application for a Preliminary PUD Plan. An application for a Preliminary PUD
Plan shall include all of the following information:
(1) All information required for consideration and approval of a preliminary plat, if a
plat is necessary.
(2) A general development plan including the following:
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➢ Site conditions and existing development on the subject property and
immediately adjacent properties.
➢ General location of residential and nonresidential land uses with
approximate type and intensities of development.
➢ Overall maximum PUD density range.
➢ The proposed type, size and location of all dwelling units, if dwelling units
are proposed.
➢ The general size, location and use of any proposed nonresidential
buildings on the site.
➢ All public streets, entrance and exit drives and walkway locations.
➢ Parking areas.
➢ Landscaped areas.
➢ Parks and open spaces, public plazas and common areas.
➢ Site dimensions.
➢ Generalized drainage and utility plans.
➢ Any other information the City may request to determine whether the
proposed project meets the requirements of this subsection.
➢ A narrative explaining how the Planned Unit Development will meet the
stated purposes and objectives of this subsection.
(3) Generalized phasing plan for the project, including the geographical sequence of
construction and the number of dwelling units or square footage of nonresidential
property to be constructed in each phase.
(4) Traffic study containing, at a minimum, the total and peak hour trip generation
from the site at full development, the effect of this traffic on the level of service of
nearby and adjacent streets, intersections and total parking requirements.
(5) A statement showing how the Planned Unit Development will meet the stated
purposes and objectives of this subsection.
1106.704 Procedure for Approval of a Preliminary PUD Plan.
(1) An application for approval of a Preliminary PUD Plan shall be on a form
provided by the City which shall include all of the following information:
➢ The name, address and telephone number of the applicant.
➢ The name, address and telephone number of the property owner.
➢ The Comprehensive Land Use Plan designation of the property in
question.
➢ The Use District(s) in which the PUD is proposed to be located.
➢ All data and plans comprising a preliminary PUD plan. No action on a
Preliminary PUD Plan will be taken until all of the required information is
received by the City.
(2) The application shall be reviewed by the City staff and a report concerning the
application shall be submitted to the Planning Commission for its consideration
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within 30 days of receipt of all material required by this Ordinance for review of
the application.
(3) The Planning Commission shall hold a public hearing in accordance with
subsection 1109.200. The Planning Commission may continue the public
hearing, if necessary, and shall make a recommendation on the Preliminary PUD
Plan to the City Council within 60 days of the date a complete application,
including all of the necessary submittals, was received by the City. If the
Planning Commission fails to make a recommendation within the 60-day period,
the City Council may then consider the Preliminary PUD Plan without the
Planning Commission's recommendation.
(4) The City Council may approve the Preliminary PUD Plan in whole or in part, may
approve the Preliminary PUD Plan subject to conditions, may deny the
Preliminary PUD Plan, or may continue consideration of the Preliminary PUD
Plan for further investigation and hearing at a later date.
(5) The City Council shall render a decision regarding the Preliminary PUD Plan
application within 60 days of the Council's initial consideration of the Preliminary
PUD Plan. The City Council shall adopt including findings of fact
for the basis of its decision.
(6) When a Preliminary PUD Plan has been denied by the City Council, the owner or
applicant may not reapply for the same or similar development on the same
property for the 6-month period following the date of denial.
1106.705 Effect of Approval by the City Council of a Preliminary PUD Plan. City
Council approval of the preliminary plan with or without modification shall
constitute zoning approval as well as permission to file the application for a final
plan or plans. The approved preliminary plan shall serve as the basis for all
future development within the designated PUD district unless substantially
modified according to the same procedures required for initial approval; however,
such preliminary plan approval shall not constitute permission to initiate site
improvement or building construction. Such activities must await final plan and
building permit approvals.
1106.706
1106.707 Final PUD Plan. The final plan conveys essentially the same information as the
approved preliminary plan in a more specific and complete manner. The final
plan is the permanent public record of the PUD and may consist of all or a
portion of the area encompassed by the preliminary plan, and shall include
revisions of the preliminary plan as requested by the Planning Commission
and/or City Council. The final plan shall implement the development objectives
established by the approved preliminary plan and may be submitted in project
stages for the entire PUD.
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1106.708 Application for a Final PUD. The Final PUD Plan shall contain all of the
following information:
(1) A detailed site plan, drawn to scale and suitable for recording showing the
location of all structures including their placement, size and type as well as
streets, parking areas and stall arrangement, walkways and other pedestrian
facilities, parking calculations, and open space including plazas and commons.
The site plan shall conform to the approved preliminary PUD plan.
(2) A final plat which meets the requirements of the City Subdivision Ordinance, if
required.
(3) A landscape plan showing the location, size and species of all plant materials, a
landscaping irrigation system plan, and all other nonvegetative landscaped
features.
(4) A utility plan showing the location and size of all on-site utilities and easements
as well as storm water runoff calculations for both the predevelopment and
postdevelopment conditions of the site.
(5) Building plans at a level of detail necessary to allow parking calculations to be
made.
(6) Building elevation drawings showing architectural details and proposed building
materials.
(7) Any deed restrictions, covenants, agreements and Articles of Incorporation and
Bylaws of any proposed homeowners' associations or other documents or
contracts which control the use or maintenance of property covered by the PUD
plan.
(8) A final phasing plan, if phasing is proposed, indicating the geographical
sequence and timing of the development of the plan or portions thereof including
the estimated date of beginning and completion of each phase.
(9) Any other information which the City in its sole discretion may require to fully
illustrate and document the intention and character of the PUD plan.
1106.709 Procedure for Approval of a Final PUD Plan.
(1) The Final PUD Plan, consisting of the entire site or at a minimum the first phase
of the total development, shall be submitted for approval within 90 days after City
Council approval of a Preliminary PUD Plan unless a written request for a time
extension is submitted by the applicant and approved by the City Council. The
Final PUD Plan shall be considered according to the procedure in subsections
(2) through (6) below.
(2) An application for approval of a Final PUD Plan shall be on a form provided by
the City which shall include all of the following information:
➢ The name, address and telephone number of the applicant.
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➢ The name, address and telephone number of the property owner.
➢ All data and plans comprising a final PUD plan. No action on a Final
PUD Plan will be taken until all of the required information is received by
the City.
(3) The application shall be reviewed by the City staff and a report concerning the
application shall be submitted to the Planning Commission for its consideration
within 30 days of receipt of all material required by this Ordinance for review of
the application.
(4) The Planning Commission shall hold a public hearing in accordance with
subsection 1109.200. The Planning Commission may continue the public
hearing, if necessary, and shall make a recommendation on the Final PUD Plan
to the City Council within 60 days of the date a complete application, including all
of the necessary submittals, was received by the City. If the Planning
Commission fails to make a recommendation within the 60-day period, the City
Council may then consider the Final PUD Plan without the Planning
Commission's recommendation.
(5) The City Council shall render a decision regarding the Final PUD Plan
application within 60 da s of the City Council's initial consideration of the Final
PUD Plan.
1106.710 Effect of Approval by the City Council of a Final PUD Plan. Any Final PUD
Plan approved by the City Council is deemed a conditional approval and shall not
be valid until all of the following requirements are met.
(1) Development Agreement. The City and developer of a PUD shall execute a
Development Contract which shall incorporate the resolution approving the Final
PUD Plan and all conditions set forth in the resolution. The Development
Contract shall require the developer to provide an irrevocable letter of credit
provided by a financial institution licensed in the State of Minnesota. The form
for the irrevocable letter of credit shall be provided by the City. The irrevocable
letter of credit must be approved by the City. The letter of credit shall reference
the Development Contract and be in an amount sufficient to insure the provision
or development of improvements called for by the Development Contract.
(2) Operating and Maintenance Requirements for Common Areas. If certain
land areas or structures within the PUD are designated for recreational use,
public plazas, open areas or service facilities, the owner(s) of such lands shall
execute appropriate documents in a form acceptable to the City which assure the
continued operation and maintenance of such areas or facilities. These common
areas may be placed under the ownership and control of the Landlord; or of
Homeowners' Association, if all of the following conditions are met:
➢ The Homeowners' Association must be established prior to the sale of
any property in the PUD.
➢ Membership must be mandatory for each owner and successive buyer.
➢ The open space restrictions must be permanent.
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➢ The association must be responsible for liability insurance, taxes and
maintenance.
➢ The landowner must pay its pro-rata share of an assessment levied by
the association and that share if unpaid must become a lien on the
property owned by the landowner.
➢ The association must be able to adjust the assessment to meet changed
needs.
1106.711 Approval and Amendments. The approval of a Preliminary PUD Plan and a
Final PUD Plan and major amendments to the approved Preliminary PUD Plan
and Final PUD Plan shall require an affirmative vote of 2/3rds of all the members
of the City Council. The approval of minor amendments to the approved Final
PUD shall require an affirmative vote of a majority of all the members of the City
Council.
(1) Effect of Final PUD Approval. Except as provided in subsection (2) below, no
building permit shall be issued nor shall any development occur on land which
does not conform to the approved Final PUD Plan.
(2) Development of land which does not conform to the approved Final PUD Plan
shall only be allowed after one of the following occurs:
a) Minor changes such as changes that increase conformity with Ordinance
requirements; decreases in residential density, leasable floor area, building
height, impervious surface and/or required parking provided such decreases
have a minimal impact on the overall character of the approved Final PUD Plan
as determined by the Zoning Administrator; minor building additions and floor
plan modifications that do not increase parking requirements or reduce useable
open space; and changes that are specified as minor amendments in the
approved Development Contract may be authorized administratively if required
by engineering or other circumstances not foreseen at the time the final plan was
approved and filed.
b) Major amendments to a Preliminary and/or a Final PUD Plan including,
but not limited to, changes in approved use classifications, changes to the
approved final plat, increase in residential density, leasable floor area, building
height, and/or required parking, reductions in useable open space, and any
changes that are anticipated to result in off-site impacts as determined by the
Zoning Administrator may be made only after a public hearing conducted by the
Planning Commission and approval by the City Council. Any changes shall be
adopted by ordinance and recorded as amendments to the recorded copy of the
final development plan. The Development Contract may also be amended if
necessary.
c) All of the provisions of this Ordinance applicable to the original district
within which the Planned Unit Development District is established shall apply to
the PUD District except as otherwise provided in approval of the final plan.
d) Review: If substantial development has not occurred within one year
after approval of the PUD Zoning District, the City Council may instruct the
Planning Commission to initiate rezoning to the original zoning district. It shall not
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be necessa for the Cit Council to find that the rezonin to the PUD District
was in error.
(3) Changes in Official Controls. Upon approval by the City Council of a Final
PUD Plan, the subject area shall be governed by the conditions, provisions and
restrictions of the approved Final PUD Plan and Development Contract. For 2
years following Final PUD Plan approval, unless the developer and the City
agree otherwise, no amendment to the City of Prior Lake's Comprehensive Plan,
Zoning Ordinance or Subdivision Ordinance shall apply to or affect the use,
development density, lot size, lot layout, or dedication required or permitted by
the approved Final PUD Plan.
1106.712 Fees and Reimbursements for City Costs. The fee for a PUD shall be set by
the City Council. Reimbursements for City costs, including engineering,
consulting and legal fees, shall also be applied to PUD applications and
enforcement.
1106.713 Conversion of Former PUD Districts. The precedent zoning ordinance treated
Planned Unit Developments as overlay districts. The use of land and buildings
within the boundaries of a PUD approved prior to the effective date of this
Ordinance continues to be governed by a unique set of development plan
documents approved by the City Council which may include but are not limited to
site plans, grading plans, landscaping plans, architectural plans and ownership
association documents. Changes to a PUD approved prior to the effective date
of this Ordinance will be processed under the procedures for major and minor
amendments to a PUD in subsection 1106.711.
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