Preliminary Plan Planned Unit Development

Process

1. Inflow/Infiltration Compliance
   • Before application submittal, the property must be in compliance with Inflow/Infiltration (I/I) requirements. An application will not be accepted until the property receives an I/I compliance certificate.
2. Assembling the Application
   • Before the first 60-day clock starts, an applicant must put together a complete application package. Staff encourages applicants to come in for at least one joint consultation while materials are being assembled. Several Code provisions relate to the application, including:
     • Established purpose and intent
     • 11 PUD definitions
     • Standards and guidelines for each class of PUD
     • Required PUD information
     • Required PUD submittals
     • Requires certifications of specified types of plans at both stages of application and after completion of construction
     • Ownership of the land for which the PUD is proposed or option or contract on the land plus the written consent of any owners
3. Submitting the Application
   • Application packets must be submitted to the Planning Division at City Hall, which starts the 60-day clock. Staff must receive an application four full weeks before the date of the Planning Commission meeting at which it will have its first hearing. Applicants who are in a hurry should schedule their data-gathering deadlines accordingly.
   • State law allows up to 15 business days for staff to review application packets for completeness. Prior consultation between staff and applicant can reduce the likelihood of rejection at this point. Incomplete applications will be returned with a letter of explanation; the City reserves the right to require that applicants come in and collect bulky plan attachments.
   • City Code requires applicants to hold a neighborhood meeting that includes property owners within 500 feet of the PUD. The purpose of the meeting is to inform the neighborhood of the proposed PUD, discuss the concepts and basis for the plan being developed, and to obtain information and suggestions from the neighborhood.
   • Staff will compile a list of nearby property owners for notification purposes. City Code requires mailed notice of all public hearings to be sent to owners of any property within 500 feet of the boundaries of a proposed PUD. State law requires advance notice of at least 10 days for those property owners, so they have plenty of time to decide if they want to become involved in the process (see City's Neighborhood Notification Policy).
   • When the Planning staff decides an application is complete, it is circulated to appropriate City departments and outside agencies for review and comment. Planning staff prepare a summary report on the proposal for review by the Planning Commission and the City Council. The applicant will also get a copy of the report as soon as it is available.
4. Presenting to the Planning Commission and City Council
   • The following items are issues applicants for PUDs should be ready to discuss in presenting their application for consideration and approval by the Planning Commission and City Council. Providing this information will help developers explain why they want the development to look the way it does.
     • Has a neighborhood meeting been held?
     • Describe landscaping and buffering.
     • Describe snow storage and garbage removal.
     • Describe street maintenance and yard maintenance.
     • Setbacks - what are they and why?
     • Street width - is it adequate for emergency vehicles and parking for the homes?
     • Ponds - how are ponds buffered?
     • Describe pedestrian access, if applicable.
     • How is the site accessed by traffic?
     • Is this life-cycle or affordable housing?
     • What is the lot coverage of hard surfaces?
     • What is the density per acre?
     • What are traffic counts?
     • Architectural elements for the homes, including computer-generated photos if possible, should be supplied.
5. The Planning Commission Hearing
   • The Planning Commission presides over the first public airing of each proposal. The applicant or authorized representative must attend the hearing to answer any questions that may come up. The Commission's considers the application for "consistency with the Intent and Purposes provisions and other PUD requirements and principles and standards adhered to in the City." The Commissioners have been known to be more detailed in their review than strictly required by the charge. Any comments they make are advisory in nature; the City Council makes all formal decisions. The applicant may offer or agree to changes in any part of the proposal right up until the Commission votes on its recommendations.
6. The City Council Hearing
   • In most cases, there will be an interval of about three weeks between the Planning Commission hearing and the Council hearing, though it could go right up to the maximum allowed interval of five weeks on rare occasions. To go longer than that, either the City or the applicant would have to provide written notice to the other party of an extension to the 60-day limit, explaining reasons for and length of the extension.
   • The City Council considers the proposal, staff reports, Planning Commission recommendations, and other materials entered into the hearing record up to that time. Again, the applicant or an authorized representative must be present at the hearing. The Council may vote to approve the Preliminary Plan with or without amendments, request further information from staff and/or applicant, request further study by the Planning Commission, or deny the proposal. If an extension to the 60-day limit is necessary to allow further consideration of the proposal, staff will provide written notice to the applicant, explaining reasons for and length of the extension.
   • Staff will also provide written notice to the applicant in the case of a denial, outlining the reasons for the negative vote. The clock stops ticking after a final vote is taken to approve or deny.

Survey Requirements

When surveys are required, they must be prepared by a registered land surveyor licensed in the Minnesota and include the following information:

• North arrow
• For single-family residential properties, a clearly drawn scale of 1 inch = 30 feet
• Illustration key showing symbols for all information pertaining to lot and building design, including grades, easements, lot and block, setbacks, etc
• Subject property's legal description, boundary lines, lot and block numbers, lot lines, right-of-way lines, and all recorded easements
• Street names
• Clearly shown flood elevations and locations, if the property is within or adjacent to a 100-year floodplain (flood control policy requires that all damageable property and all floor elevations be located a minimum of 1 foot above flood plain elevation)
• Location of all existing and proposed buildings, structures, paved areas and other man made features (structures are considered, but not limited to, homes, garages, decks, porches, sheds, gazebos, swimming pools, and fences)
• Location of any buildings on adjacent properties relative to the side(s) where the construction will take place.
• All existing and proposed building and structure setbacks (if the property is in a Shoreland Overlay District, as defined in City Code Section 113-149, shoreland setbacks and the Ordinary High Water Mark (OHWM) must also be shown)

The survey shall be provided on paper at a minimum size of 8 ½ by 11. If the survey is larger than 11 by 17, the applicant will supply seven copies.

As-Built Survey

For construction of a new home or building, a certified As-Built Survey verifying the information indicated on the proposed survey shall be submitted before a Certificate of Occupancy can be issued.

Additional information may need to be shown on the survey and As-Built Survey to satisfy requirements of other permits. Contact the Engineering Division in City Hall 763-593-8030) for information about the following permits:

• Grading, Drainage, and Erosion Control
• Right-of-Way
• Tree Preservation