(A) Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in § 156.027 and the official zoning map.
(B) Processing of PUDs. Planned unit developments must be processed as a conditional use. Approval cannot occur until the environmental review process (EAW/EIS) is considered.
(C) Application for PUDs. The applicant for a PUD must submit the following documents prior to final action being taken on the application request:
(1) A site plan and/or a plat for the project showing locations of property boundaries, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two;
(2) A property owners’ association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of M.S. §§ 515A and 515B CIC (common interest communities) requirements, as they may be amended from time to time;
(3) Deed restrictions, covenants, permanent easements, or other instruments that:
(a) Properly address future vegetative and topographic alterations, construction of additional buildings, and construction of commercial buildings in residential PUDs; and
(b) Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in § 150.085. These criteria shall also apply in nonshoreland areas.
(4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied; and
(5) Those additional documents, as requested by the Planning Commission, necessary to explain how the PUD will be designed and will function.
(D) Site “suitable area” evaluation. Proposed new PUDs or expansions to existing PUDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation. The suitable area is determined by excluding any wetlands, bluff areas, or any area below the elevation of 1,339.38 feet as identified in Chapter 153 (Storm Water Management).
(E) PUD density evaluation. Density evaluation is determined by the limiting factors of the required 50% open space, 40% impervious surface coverage, and the parking requirements found in § 155.031.
(F) Maintenance and design criteria.
(1) Maintenance and administration requirements. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.
(2) Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
(a) Commercial uses prohibited (for residential PUDs);
(b) Vegetation and topographic alterations other than routine maintenance prohibited; and
(c) Construction of additional buildings or storage of vehicles and other materials prohibited.
(3) Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners’ association with the following features.
(a) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers.
(b) Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites.
(c) Assessments must be adjustable to accommodate changing conditions.
(d) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
(4) Open space requirements. Planned unit developments must contain open space meeting all of the following criteria.
(a) At least 50% of the total project area must be preserved as open space.
(b) Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space.
(c) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.
(d) Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public.
(e) Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.
(f) Open space must not include commercial facilities or uses.
(g) The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.
(5) Erosion control and storm water management. Erosion control and storm water management plans must be developed and the PUD must:
(a) Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This goal must be accomplished by limiting the amount and length of time of bare ground exposure. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and
(b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier must not exceed 40% of the tier area.
(6) Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards.
(a) A planned unit development must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the county. On-site sewage-treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system.
(b) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the setbacks in accordance with § 156.030.
(c) Accessory structures and facilities must meet the required principal structure setback and must be centralized.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999