Best Practice Action Detail

Burnsville allows for mixed development in its Public Utility District, Heart of the City District, MIX district and R3c District. The MIX district requires mixed uses.

12.26 PLANNED UNIT DEVELOPMENTS (PUD) Subd. 1. PURPOSE. A Planned Unit Development (PUD) is a tract of land, which is developed as a unit under single or unified ownership or control and which generally includes two or more principal buildings or uses but which may consist of one building containing a combination of principal and supportive uses. A PUD may be requested in any zoning district under the provisions set forth in this Section, except the Shoreland Management Overlay District which has its own set of standards and process for PUDs. Each approved Planned Unit Development shall be considered a separate zoning district and shall not be considered an ‘overlay’ to the existing district. The purposes of this section are as follows: A. To encourage a more creative and efficient development of land and its improvements through the preservation of natural features and amenities than is possible under the more restrictive application of zoning requirements. This section may allow modifications such as non-standard lot sizes, private streets and driveways, reduced rights-of-way and street widths, housing types, zero lot lines and building setbacks. These changes shall meet the 84 standards and purposes of the comprehensive plan while preserving the health, safety, and welfare of the citizens of the city. B. To allow for the potential mixture of uses in an integrated and well planned area when such mixing of land uses could not otherwise be accomplished under this title. C. To ensure concentration of open space into more usable areas, and a preservation of the natural resources of the site. D. Protects natural features in private, common and public open space. E. To facilitate the economical provision of streets and public utilities. F. To facilitate mixed use developments, and/or affordable housing, recreational uses and institutional uses. Subd. 2. STANDARDS AND REGULATIONS FOR A PLANNED UNIT DEVELOPMENT. A rezoning will be required of all planned unit developments, as they are not considered an overlay on the underlying zoning district and are reflected as a separate district on the official zoning map. The city may approve the planned unit development only if it finds that the development satisfies all of the following standards: A. The planned unit development is consistent with the comprehensive plan of the city. B. The planned unit development is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation or creation of unique amenities such as natural streams, stream banks, wooded cover, rough terrain, manmade landforms or landscaping and similar areas. C. The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. The development plan will not have a detrimental effect upon the neighborhood or an in which it is proposed to be located. D. The planned unit development provides transitions in land use in keeping with the character of adjacent land use and provides variety in the organization of site elements and building design. E. The tract under consideration is under single ownership or control. F. The tract is at least ten acres in size unless the applicant can show that a PUD of less acreage meets the standards and purposes of the comprehensive plan and preserves the health, safety and welfare of the citizens of the city and that all of the following conditions exist: 1. The proposal better adapts itself to the physical and aesthetic setting of the site and with the surrounding land uses than could be developed 85 using strict standards and land uses allowed within the underlying zoning district. 2. The proposal would benefit the area surrounding the project to greater degree than development allowed within the then existing zoning district(s). 3. The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable higher quality of development than would otherwise occur in the then existing zoning district. 4. The proposal would ensure the concentration of open space into more workable or usable areas and would preserve the natural resources of the site than would otherwise occur in the underlying zoning district. 5. Planned Unit Development (PUD) may require on-site renewable energy systems or zero-net-energy (ZNE) or zero-net-carbon (ZNC) building designs as a condition for approval of a PUD permit to mitigate for: a. Risk to the performance of the local electric distribution system; b. Increased emissions of greenhouse gases; and c. Other risks or effects inconsistent with the Comprehensive Plan. G. The public benefits, such as but not limited to, improved site or architectural design, open space preservation, improved parks, trails, recreation facilities or other amenities, a mix of compatible land uses which foster Comprehensive Plan goals, of the Planned Unit Development justify rezoning from the primary zoning ordinance provisions and performance standards. H. The Planned Unit Development will not create an excessive burden on parks, schools, streets, or other facilities and utilities that serve or are proposed to serve the Planned Unit Development. Subd. 3. PERMITTED USES. Uses within the PUD 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 unless otherwise approved in the development plan. 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 acceptance of the development plan. Subd 4. COORDINATION WITH SUBDIVISION REGULATIONS. Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the PUD if subdivision of property is required to implement the development. The plans required under this title shall be submitted in a form which will satisfy the requirements of the subdivision ordinance for the preliminary and final plat. 86 Subd 5. PROCEDURE FOR PROCESSING A PLANNED UNIT DEVELOPMENT (PUD). A. All Planned Unit Development Applications shall follow the procedural requirements set forth in this Subsection. Prior to issuance of any permits for development within a PUD the following must occur: 1. A concept sketch plan review will be prepared by the applicant. This review provides helpful insight and preliminary review and recommendation by the Planning Commission and City Council. 2. A General Development Plan application and preliminary plat shall be submitted according to the procedures outlined in the following items subject to review and recommendation of the Planning Commission and approval by the City Council. 3. A Final Development Plan application and final plat shall be submitted according to the procedures outlined in the following items subject to review and recommendation of the Planning Commission and approval by the City Council. B. Concept Sketch Plan: The purpose of the concept stage is to inform the City of the applicant’s intentions and to inform the applicant as to the general acceptability of the proposal before extensive costs are expended by the applicant. 1. A concept sketch plan review is required. 2. The approval is non-binding, on the part of both the applicant and the City. Any approval or denial shall in no way bind the City to subsequent action on more detailed plans. 3. Concept Sketch plan review application information: a. An application for concept sketch plan review on City application form and all applicable fees, signatures and information. b. A general plan and statement of the concept explaining the land use proposed, density, public and private parks and open space, natural resources or other public benefits and tentative staging or schedule. 4. Concept Sketch plan review: a. Planning staff shall submit a written review along with the applicant’s plans to the Planning Commission for their consideration. b. The Planning Commission shall hold informational public meeting(s) of all interested parties. 87 c. The Planning Commission shall make its recommendations to the City Council. d. The City Council will take action on the concept sketch plan review. Approval of the concept sketch plan review shall be limited to the general acceptability of the land uses proposed and their interrelationship. The action shall in no way bind the City Council to subsequent action on more detailed plans. C. General Development Plan: In addition to criteria and standards set forth in this title for granting of a rezoning, the following additional findings shall be made before the approval of a General Development Plan. 1. An applicant shall make an application for a planned unit development following the procedural steps as set forth in this title. 2. The proposed PUD is in conformance with the comprehensive plan. The PUD is in conformance with 12.51 Performance Standards unless expressly exempted. 3. The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses. 4. Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated. 5. The PUD will not create an excessive burden on parks, schools, streets, and other public facilities and utilities, which serve or are proposed, to serve the area. 6. The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries. 7. The following exhibits and written narratives shall be submitted to the City by the proposed developer as a part of the application for a General Development Plan PUD: a. An explanation of the character of the planned development and the manner in which it has been planned to take advantage of the planned development regulations including public benefits it is providing. b. A list of the present ownership of all the land included within the planned development and a list of property owners within 500 feet of the outer boundaries of the property. 88 c. A general indication of the expected schedule of development including progressive phasing and time schedule. d. A map giving the legal description of the property including approximate total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easements, street right-of-ways, utilities, and buildings for the property and for the area 500 feet beyond. e. Natural features, maps or maps of the property and area 500 feet beyond showing contour lines at no more than two-foot intervals, drainage patterns, wetlands, vegetation, soil, and subsoil conditions. f. A map indicating proposed land uses and corresponding areas including housing units, total densities and types, area devoted to nonresidential uses, area devoted and number of off street parking and loading spaces and related access, and common and private parks and open space uses. g. Circulation including vehicular and pedestrian movement throughout the site, relationship to the City thoroughfare plan and the adjoining land. h. Full description as to how all necessary governmental services will be provided to the development including sanitary sewers, storm sewers, water systems, streets and other public utilities. i. An engineering report presenting results of percolation tests and soil analysis of the site. j. Any additional information requested by the city staff, the planning and zoning commission and city council that may be required for clarification of the proposed project. k. 4 copies of all required information shall be submitted. l. The applicant shall also submit a preliminary plat and all the necessary documentation as required under the Subdivision Ordinance of all or that portion of the project to be platted. For purposes of administrative simplification, the public hearings required for the PUD and preliminary plat may be combined into one hearing or may be held concurrently 8. Care and Maintenance of Public Space and Service Facilities: 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 such open space or service facilities. 9. Restrictive Covenants: Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD. 89 D. Final Development Plan. After approval of the general development plan and preliminary plat the applicant may apply for final development plan approval for all or a portion of the PUD. The applicant shall submit the following material for review by the Planning Commission and City Council. 1. The final development plan with recommended modifications, if any, and if necessary, the modified preliminary plat, shall be filed with the Building Official containing the information required in the general development plan plus any changes recommended by the planning and zoning commission and the city council as a result of the public hearing. 2. The applicant shall also submit a final plat (according to the requirements in the subdivision regulations for all or that portion to be platted. Such plats may be submitted in smaller increments as may be economical to finance or construct at one time. 3. The final general development plan shall be submitted with the first final plat which shall conform to the approved general development plan and approved preliminary plat. This plan shall include any recommended changes by the planning and zoning commission or city council to the original general development plan and original preliminary plat. 4. The city council shall review the final development plan and final plat. Upon approval the following items shall occur: a. The final development plan and all supporting documents will be filed with the PUD agreement and together they will form the conditions of approval. b. If the final plat is not recorded with Houston County and the development contract is not fully executed with all required bonds posted within 18 months of the date of the final plat and development contract were approved by the City Council, then the PUD shall become null and void. E. Building permits. Building permits shall not be issued for any structures and land alterations shall not be made until the following conditions are met: 1. Public open space has been deeded to the City and officially recorded 2. A development contract has been approved and executed by all required parties with all required bonds posted. 3. The Homeowners Association by-laws, covenants and deed restrictions have been approved by the City Attorney and officially recorded 4. The final plat has been approved by the City and recorded with appropriate governmental agencies as required by law. F. Conveyance and maintenance of common open space. 90 1. All land shown on the final development plan as common open space must be conveyed to homeowners association or similar organization provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the homeowners association or similar organization subject to covenants to be approved by the city attorney which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. 2. If a homeowners association is created, the applicant shall submit any required homeowner association documents at the time of the first final plat of development to the city attorney and city staff which explain: a. Ownership and membership requirements. b. Articles of incorporation and bylaws. c. Time at which the developer turns the association over to the homeowners. d. Approximate monthly or yearly association fees for homeowners. e. Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space grounds, and utilities. 3. Standards for common or open space. No open area may be approved as common open space under the provisions of this article unless it meets the following standards: 4. The location, shape, size, and character of the common open space must be suitable for the planned development. a. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. b. Common open space must be suitably improved for its intended use but common space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. 91 c. Outlots to be dedicated for park, ponding or other purposes shall be deeded to the city, or a City approved conservation or preservation corporation, before the final plat is released for recording. G. Review and amendments. 1. From time to time the Building Official may review PUDs within the city and may make a report to the city council on the status of noncompliance for a particular PUD. If the Building Official finds that the development has not commenced within one year after the original approval of the conditional use for the PUD, the Building Official may recommend that the city council extend the time or revoke the PUD approval as set forth in this title. Prior to cancellation or revocation of this permit, the city council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard. 2. For additional phases of the PUD, if within five years the project has not progressed, the Building Official may recommend that the city council determine what action will be taken with the remainder of the project. Prior to determining the outcome of the PUD, the city council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard. 3. Minor changes in the location, placement, and heights of the buildings or structures may be authorized by the Building Official if required by engineering or other circumstances not foreseen at the time the final plan was approved. 4. Approval of the planning commission and city council shall be required for other changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan. 5. Any amendment to the PUD shall require the same procedures as for the application for a PUD as set forth in this title.

The city recently approved a new apartment complex to be developed next to a commercial area, in a central business zone. They were granted a PUD of up to 54 units per acre, which is above the allowed 20 units per acre in the ordinance.

The Tartan Crossing PUD provides for a compact, walkable, mixed-use development along a key corridor and gateway of Oakdale. Tartan Crossing was formerly a blighted, mostly abandoned shopping mall which was purchased and demolished by the city in 2011 to make room for this mixed use PUD area. The focus of the area is a mix of residential, commercial, and retail uses. The 92-unit Waters of Oakdale senior living facility began construction in 2013, and the city is actively pursuing a mix of commercial and retail uses to fill out the remainder of the site.

11-10-6: PLANNED UNIT DEVELOPMENTS (PUD):

A. Purpose: The purpose of the planned unit development (PUD) district is to provide a district that will encourage the following:

1. Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development.

2. Provision of life cycle housing to all income and age groups.

3. Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses.

4. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including, but not limited to, steep slopes, trees and poor spoils.

5. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land into larger parcels.

6. High quality of design and design compatible with surrounding land uses, including both existing and planned.

7. Sensitive development in transitional areas located between different land uses and along significant transportation or scenic corridors within the city.

8. Development that is consistent with the comprehensive plan.

The City currently has two mixed use districts within the City.

Identified in the City Code and also on the adopted Zoning Map, the MX “Mixed Use” District is specifically designed to fully utilize the potential of the PUD as it pertains to mixed-use development. Under Purpose and Scope, it states: “Through the planned unit development conditional use permit process, provide for a mix of complementary and supportive land uses within the project area” (Section 24-147, paragraph a.1)

As part of Coon Rapids' Special District ordinances, Port Districts are defined. Port or Port District is a defined zoning district created to encourage development or redevelopment based on a defined theme. Section 11-903 includes Port Districts to promote unified development and revitalization of designated areas. This includes mixed use development, unifying urban design themes, higher-density residential developments around commercial, historical and recreational land use and innovative designs. This is also part of the Coon Rapids Blvd Framework Plan

The City's PUD regulations in the Zoning Code allow mixed uses. All residential PUDs are adjacent to commercial and transit nodes. Although the PUD regulations do not specifically require adjacency, for a development to be consistent with the Comp Plan, it must comply.

The Central Village is a Planned Development district that incorporates both vertical and horizontal mix of uses.

Currently have adopted PUD ordinance which provides this.

Bemidji has specific procedures for PUDs and CICs that emphasize mixed-use development.
For example, on page XI-6 of section 1103D, the code specifies that "developers are encouraged to provide a mixed use, residential and commercial, development when replacing former high density, industrial and commercial uses."

To see the full plan, click on the jpb's website above then click the left-hand tab "Ordinances, Maps & Agreements," the link to the most recent plan should be highlighted from there.

5/1/15: Lake Bemidji South Shore Development, General Planned Unit Development project: Adopted November 6, 2009. PUD guidelines available through City Hall.

The City ordinance allows mixed uses.

Section 515.57 of the Crystal Zoning Ordinance allows Planned Developments for energy conservation, efficient building design and siting, and a mixture of uses.

PUDs can be used for mixed use development.
Mixed Use-Planned zones can have a variety of residential and commercial uses. All development is required to encourage walkable, bikeable communities through layout and design. Developers are allowed to apply for variances from code if such changes would facilitate the preservation and protection of natural resources, support a higher level of sustainability than required by code, allow for the creation of bike trails and lanes, or accommodate for linkages to mass transit.

Edina has a PUD ordinance in City Code 850.05 to allow flexibility from standard zoning in exchange for strengthened City control over development. Edina also has Mixed Development Districts defined in City Code 850.14.

This is described in Section 30-1584 in the Municipal City Code. The purpose of the mixed use Elk River Plaza district is to codify the planned unit development into a single zoning district with three subsections: Commercial, single-family, and multiple-family.

The current Planned Unit of Development allows for more mixed used development.

The City of Lake Elmo has passed an ordinance that amends our Mixed-Use Commercial (MU-C) district language to require between 50-80% residential within a MU-C development. The intent of this amendment is to ensure the mixed-use component is met.

Land Use: In 2010, we revised our zoning ordinances by having public hearings and changing ordinances to reflect a mixed land use. We re-drew our industrial,commercial and residential areas zone lines. We added in the geographic areas that represented a newly annexed part of the old Grand Rapids Township.

In 2013, the City updated its Planned Unit Development (PUD) ordinance. The original ordinance was typical in that it was geared towards the development of large parcels of land (minimum of two acres). As a fully developed City our challenges lie in allowing for the redevelopment of small parcels, especially commercial parcels. The ordinance revision allows the City Council to work with owners of challenging parcels of any size in a PUD format to achieve the best outcome for the owner and the City.

Legacy Village in Maplewood is a planned unit development that emphasizes mixed use development. It is a residential planned unit development that is adjacent to commercial development. The Gladstone project is also a planned unit that will mix residential and commercial development areas. This development will meet the International Green Construction Code adopted by the city for both buildings as well as sites management. This includes energy, stormwater and water management, building envelopes, and indoor air quality. This unit will also be near trails as well as other transit opportunities. This area is a major target for the City's CIP.

The City's PUD ordinance allows for mixed uses in addition to higher density uses.

The city's City Center zoning district was created in 2013. It encourages a mixture of residential, commercial, office, and civic uses in the City Center area to enhance its function as the heart of the community. It is designed to utilize the potential of the PUD as it pertains to mixed-use development.

In 2006, the City adopted new ordinances allowing for Planned Unit Developments (PUDs). It allows an overlay of zoning to accommodate a mix of residential/commercial land uses.

In 2000 the city established a planned unit development section in it's zoning ordinance that allows for the establishment of mixed use developments. The city has also created some mixed use commectial zoning districts that allow for residential uses.

Rochesters zoning ordinance provides incentives for mixed use development and for walkability and transit access.

The Apache Plaza Mall redevelopment encorporated multiple land uses into a PUD process.

Article 11.2 of the St. Cloud Land Development Code identifies the purpose, standards and procedures for Planned Unit Development (PUD) Districts with the City of St. Cloud. The PUD District provides a mechanism for development that would otherwise not be allowable within a given zoning district by allowing exceptions to bulk, setback, parking, landscaping, loading and sign regulations. In addition, the PUD District is also set up to encourage flexibility in the development of the land by allowing mixed-use development to occur that would otherwise not be allowed using strict residential, commercial or industrial zoning classifications.

The city of Saint Peter has a PUD that allows for mixed uses provided such use meets the intent and purpose for which a planned unit development is permitted. The development plan in the ordinance contain proposed covenants, easements, and other provisions relating to bulk, location and density of permitted structures, accessory, structures and public facilities as may be required for the welfare of the PUD and the city.

Title 10 Chapter 5 identifies and lays out the purpose and intent of PUD's in Sartell. There is the Residential PUD and the Multiple-Use PUD. The PUD allows the city to be more flexible and allow mixed-uses in areas where otherwise it would not be allowable. This district allows for a more flexible regulatory process as compared to standard regulations which are common in traditional zoning districts. The PUD is a joint design process between developers and City officials rather then the city establishing maximum limits for developers. Overall the PUD seeks to promote mixed uses, preserve natural features, conserve open and recreational space, and create an efficient use of land.

The City of Savage has a mixed use district that would accommodate these provisions:
City Code Planned Unit Development, Section 152.420 (Purpose) and Section 152.429 (Mixed Use District)

The City has has PUD District that allows for mixed uses within a development and encourages a variety of housing types, including affordable housing.

The city has a Planned Unit Development (PUD) ordinance in place to emphasize mixed use development. A Planned Unit Development ordinance is a type of building development and a regulatory process. It allows uses such as housing, commercial centers, or industrial parks to be in one development or area.

The city allows Mixed Use housing, as stated in the PUD link provided.

Each residential PUD, or the residential portion of each
mixed-use PUD, shall have a density within the range specified in the
comprehensive plan for the PUD site