§ 152.24. PLANNED UNIT DEVELOPMENT REGULATIONS.

(A) Purpose and intent.

(1) The purpose of this section is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel-by-parcel, piecemeal, sporadic and unplanned approach to development.

(2) This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities.

(3) It is further intended that Planned Unit Developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities and a harmonious selection and efficient distribution of uses.

(B) General requirements and standards.

(1) Ownership.

(a) An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project.

(b) The application and all submissions must be directed to the development of the property as a unified whole.

(c) In the case of multiple ownership, the approved final plan shall be binding on all owners.

(2) Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of the open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of 1 or more persons, as approved by the City Council:

(a) Landlord control, where only use by tenants is anticipated; and

(b) Property Owners Association, provided all of the following conditions are met:

1. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Slayton, the filing with the city to be made prior to the filing of the declaration or document or floor plans which the recording officers of Murray County, Minnesota;

2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration;

3. The declaration of covenants, and restrictions shall provide that an owners’ association or corporation shall be formed and that all owners shall be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control;

4. The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Slayton or fails to pay taxes or assessments on properties as they become due and in the event the City of Slayton incurs any expenses in enforcing its rules and regulations, which the expenses are not immediately reimbursed by the association or corporation, then the City of Slayton shall have the right to assess each property its pro-rata share of the expenses. These assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each assessment is made;

5. Membership must be mandatory for each owner, and any successive buyer;

6. The open space restrictions must be permanent and not for a given period of years;

7. The association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it;

8. Property owners must pay their pro-rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes;

9. The association must be able to adjust the assessment to meet changed needs; and

10. The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan.

(3) Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable shall be installed underground.

(4) Utility connections.

(a) Water connections. Where more than 1 property is served from the same service line, a shut off valve must be located in a way so that each unit’s service may be shut off by the city, in addition to the normally supplied shut off at the street.

(b) Sewer connections. Where more than 1 unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner.

(5) Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the Planning Commission that shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the Planning Commission shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.

(6) Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at locations as is necessary to provide fire protection.

(7) Building height. Height limitations shall be the same as imposed in the respective districts.

(8) Site improvement agreement.

(a) Prior to the issuance of a building permit as part of Planned Unit Development, the applicant, builder or developer shall execute and deliver to the Planning Commission a site improvement agreement providing for the installation within 1 year of the improvements as approved by the Planning Commission, secured by a case escrow or surety bond in an amount and with surety and conditions satisfactory to the city, to ensure the city, that the improvements will be actually constructed and installed according to specifications and plans approved by the city as expressed in the agreement.

(b) The amount of the bond shall be 1-1/2 times the estimated cost of the improvements as determined by the City Zoning Official.

(C) Special requirements and standards.

(1) Residential requirements and standards.

(a) Purpose. It is the intent of this section to establish special requirements for the granting of a conditional use permit for residential PUD projects which are in compliance with the permitted and conditional uses allowed in a specific district including dwellings, offices and institutional uses of 1 or more buildings in relation to an overall design, and integrated physical plan and in accordance with the provisions and procedures as prescribed in this chapter.

(b) Required frontage. The tract of land for which a project is proposed and permit requested shall not have less than 200 feet of frontage on the public right-of-way.

(c) Yards.

1. The front and side yard restrictions at the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the respective districts.

2. No building shall be nearer than its building height to the rear or side property line when the line abuts an R-1 or R-2 District.

3. No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street pattern.

4. No building within the project shall be nearer to another building than 1/2 the sum of the building heights of the 2 buildings.

(d) Density bonus. As a consequence of a Planned Unit Development’s planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased by 20%. The building, parking and similar requirements for these extra units shall be observed in compliance with this chapter.

(e) Minimum project size. The tract of land for which a residential PUD is proposed shall not be less than 1 acre.

(2) Commercial or Industrial Planned Unit Development.

(a) Purpose. The intent of this is to establish special requirements for the granting of a conditional use permit to allow commercial or industrial PUD projects which are in compliance with the permitted and conditional uses allowed in a specific district in 1 or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as prescribed in this chapter.

(b) Frontage. The tract of land for which a project is proposed and a permit requested shall not have less than 200 feet of frontage on a public right-of-way.

(c) Yard. No building shall be nearer than 50 feet to the side or rear property line when the line abuts an R-1, R-2, R-3 or A-O District.

(d) Landscaping, screening and surfacing.

1. The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage.

2. A drainage system subject to the approval of the City Zoning Official shall be installed.

3. Developments abutting an R-1, R-2, R-3 or R-M district shall be screened and landscaped in compliance with § 152.03(F)(4) above.

(e) Minimum project size. The tract of land for which a commercial or industrial PUD is proposed shall not be less than 2 acres.

(3) Mixed use Planned Unit Development.

(a) Purpose. The intent of this section is to establish special requirements for the granting of a zoning district amendment (rezoning) to allow mixed use PUD projects which are in compliance with the permitted and conditional uses allowed within the PUD District (§ 152.23 above) and in accordance with the provisions and procedures as prescribed in this section.

(b) Minimum project size. The tract of land for which a mixed use PUD is proposed shall not contain less than 2 acres.

(c) Frontage. The tract of land for which the project is proposed shall not have less than 200 feet of frontage on a public right-of-way.

(d) Yards. Setbacks shall be consistent with those required in § 152.03 above.

(e) Landscaping, screening and surfacing. All site treatment shall be consistent with the requirements of § 152.03(F)(4) above.

(D) Procedure for processing a Planned Unit Development.

(1) General concept plan.

(a) Purpose. The general 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. This concept plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements which the city shall review and for which a decision shall be rendered:

1. Overall maximum PUD density range;

2. General location of major streets and pedestrian ways;

3. General location and extent of public and common open space;

4. General location of residential and non-residential land uses with approximate types and intensities of development;

5. Staging and time schedule of development; and

6. Other special criteria for development.

(b) Process.

1. Developer files application for a conditional use permit or rezoning concurrently with the submission of the general concept plan with the Zoning Official.

2. Planning Commission formally acknowledges submission of the application for conditional use permit, sets a public hearing and refers the application back to the appropriate city staff for their official review.

3. Planning Commission holds a public hearing.

4. Planning Commission makes a recommendation to the City Council on the permit application.

5. City Council reviews all recommendations and approves/denies application.

(c) Limitation on general concept plan approval. Unless a development stage plan has been filed within 9 months from the date Council grants general concept plan approval, the approval may be revoked by Council action. The Council, at its discretion, may extend the filing deadline for a development stage plan when, for good cause shown, the extension is necessary.

(2) Development stage.

(a) Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the final plan.

(b) Submission of development stage. Upon approval of the general concept plan, and within the time established by division (D)(1)(c) above, the applicant shall submit to the city a development stage plan consisting of the information and submissions required by division (E) below for the PUD. The development stage plan shall refine, implement and be in substantial conformity with the approved general concept plan.

(c) Review and action by city staff and Planning Commission. Immediately upon receipt of a completed development stage plan, the Zoning Official shall refer the plan to the appropriate city staff and Planning Commission.

(d) Process.

1. Planning Commission formally acknowledges submission and receipt of development plan and sets a public hearing.

2. Planning Commission holds a public hearing.

3. Within 60 days of the public hearing or a further time as may be agreed to by the applicant, the Planning Commission shall review the reports and plans and submit its written report and recommendations to the Council and applicant. The report shall contain the findings of the Planning Commission with respect to the conformity of the development stage plan to the approved general concept plan, with respect to the merit or lack of merit of any departure of the development stage plan for substantial conformity with the concept plan and with respect to the compliance of the development stage plan with the provisions of this chapter and all other applicable federal, state and local codes and ordinances. If the Planning Commission shall find substantial conformity between the plans or that any lack of substantial conformity merits approval and shall further find the development stage plan to be in all other respects complete and in compliance with this chapter and other applicable federal, state and local codes and ordinances, it may recommend approval of the plan.

4. Within 30 days of receipt of the report and recommendation of the Planning Commission, the Council may grant approval, resubmit the plan to the Planning Commission for further consideration of specified items or deny approval of the plan.

5. The City Attorney shall draw up a PUD agreement which stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor of the City of Slayton, Zoning Official and the applicant within 30 days of Council approval of the development stage plan. Where the development stage plan is to be resubmitted or denied approval, Council action shall be in the form of a written report setting forth the reasons for its action. In all cases, a certified copy of the document evidencing Council action shall be promptly delivered to the applicant.

(e) Limitation on detailed plan approval. Unless a final plan has been filed within 6 months from the date Council grants development stage plan approval, the approval shall expire. The Council may at its discretion, extend for not more than 6 months, the filing deadline for any final plan when, for good cause shown, the extension is necessary. In any case where development plan approval expires, the Council shall forthwith adopt a resolution repealing the general concept plan and development stage plan approval and re-establishing the zoning and other code provisions that would otherwise be applicable.

(f) Review and evaluation criteria. The evaluation of the proposed development stage plan shall include but not be limited to the following criteria:

1. Adequate property control is provided to protect the individual owners’ rights and property values and the public responsibility for maintenance and upkeep;

2. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public;

3. A sufficient amount of useable open space is provided;

4. The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses;

5. The architectural design of the project is compatible with the surrounding area;

6. The drainage and utility system plans are submitted to the City Zoning Official and the final drainage and utility plans shall be subject to his or her approval;

7. The development schedule ensures a logical development of the site, which will protect the public interest and conserve land;

8. The development is in compliance with the requirements of Chapter 151 of this code;

9. Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned; and

10. The provisions of § 152.41(A)(5) below are considered and satisfactorily met.

(3) Final plan.

(a) 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 ordinances as the land use regulation applicable to the PUD.

(b) Submission of final plan. Upon approval of the development stage plan and within the time established by division (D)(2)(e) above, the applicant shall submit to the city a final plan consisting of the information and submissions required by the Zoning Official, division (E) below for the PUD. The final plan is intended only to add detail to, and to put in final form, the information contained in the general concept plan and the development stage plan and shall conform to the development stage plan in all respects.

(c) Recording of final plan. Within 10 days of its approval by the Zoning Official the applicant shall cause the final plan, or portions thereof as are appropriate, to be recorded with the County Recorder.

(d) Zoning and other permits. Except as otherwise expressly provided herein, upon receiving notice that the approved final plan has been recorded pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work, provided, however, that no like permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances in which are applicable to the permit sought, have been satisfied

(e) Limitation on final plan approval. Within 1 year after the approval of a final plan for PUD, or a shorter time as may be established by the approved development schedule, construction shall commence in accordance with the approved plan. Failure to commence construction within that period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of this chapter, and other ordinances, applicable in the original district in which it is located. In that case, the Council shall forthwith adopt a resolution re-establishing the zoning and other ordinance provisions that would otherwise be applicable.

(E) Submission requirements. Twelve copies of the following exhibits, analyses and plans shall be submitted to the Planning Commission and Council during the PUD process, at the times specified in division (D) above.

(1) General concept stage.

(a) General information:

1. The landowner’s name and address and his or her interest in the subject property;

2. The applicant’s name and address if different from the landowner;

3. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor; and

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

(b) Present status:

1. The address and legal description of the subject property;

2. The existing zoning classification and present use of the subject property and all lands within 500 feet of the subject property; and

3. A map depicting the existing development of the subject property and all land within 500 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with elevations on and within 100 feet of the subject property.

(c) A written statement generally describing the proposed PUD and its purpose, 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.

(d) Site conditions: where deemed necessary by the city, graphic reproductions of the existing site conditions at a scale of 100 feet shall be submitted and shall contain the following:

1. Contours: minimum 2 foot intervals;

2. Location, type and extent of tree cover;

3. Slope analysis;

4. Location and extent of water bodies, wetlands and streams and flood plains within 300 feet of the subject property;

5. Significant rock outcroppings;

6. Existing drainage patterns;

7. Vistas and significant views;

8. Soil conditions as they affect development; and

9. 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.

(e) Schematic drawing of the proposed development concept including but not limited to the general location of major circulation elements, public and common open space, residential and other land use.

(f) A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:

1. Area devoted to residential uses;

2. Area devoted to residential use by building type;

3. Area devoted to common open space;

4. Area devoted to public open space;

5. Approximate area devoted to streets;

6. Approximate area, and potential floor area, devoted to commercial uses; and

7. Approximate area, and potential floor area, devoted to industrial or office uses.

(g) When the proposed PUD includes provisions for public or common open space or service facilities a statement describing the provision that is to be made for the care and maintenance of open space or service facilities shall be included. If it is proposed that the open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of the entity shall be submitted during the development stage.

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

(i) Where deemed necessary, a market feasibility study including an analysis of the proposal’s economic impact on the city.

(2) Development stage. Development stage submissions should depict and outline the proposed implementation of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include but not be limited to:

(a) Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan;

(b) Twelve sets of preliminary plans, drawn to a scale of not less than 1 inch equals 100 feet (or scale requested by the city) containing at least the following information:

1. 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 wherein the subject property is situated);

2. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property;

3. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, or proposed buildings, and existing buildings which will remain, if any;

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

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

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

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

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

9. Preliminary sketches of proposed landscaping;

10. General grading and drainage plans for the developed PUD; and

11. Any other information that may have been required by the Planning Commission or Council in conjunction with the approval of the general concept plan.

(c) An accurate legal description of the entire area within the PUD for which final development plan approval is sought;

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

(e) Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings, including mobile homes;

(f) 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, general landscaping plan, structures, including mobile homes and uses;

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

(h) A preliminary and final plat prepared by a land surveyor, duly registered in the State of Minnesota, in accordance with the statutes of Minnesota which shall contain a notarized certification by the surveyor that the plat represents a survey made by him or her and that the monuments shown therein exist as located and that all dimensions are correct, as required by Minnesota Statutes, and a notarized certification by owner or owners of the adoption of the plat and the dedication of streets and other public areas as required by Minnesota Statutes;

(i) A soil erosion control plan acceptable to watershed districts, Department of Natural Resources or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures;

(j) A statement summarizing all changes which have been made in any document, plan data of information previously submitted, together with revised copies of any like document, plan or data;

(k) Further information as the Planning Commission, city staff or Council shall find necessary to a full consideration of the entire proposed PUD; and

(l) The Planning Commission may, by a written order, excuse any applicant from submitting any specific item of information or required document which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

(3) Final plan stage. After approval of a general concept and development stage plan for the proposed PUD the applicant will submit the following material for review by the city staff prior to issuance of a building permit:

(a) A detailed landscaping plan;

(b) Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit with 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;

(c) All certificates, seals and signatures required for the dedication of land and recordation of documents;

(d) Final architectural working drawings of all structures;

(e) Final engineering plans and specifications for streets, utilities and other public improvements, together with a community/developer agreement for the installation of the improvements and financial guarantees for the completion of the improvements; and

(f) Any other plan, agreements or specifications necessary for the city staff to review the proposed construction. All work must be in conformance with the Minnesota State Building Code.

(Prior Code, § 18.114)