§ 229.20  PLANNED UNIT DEVELOPMENT.
   (A)   Land use district designation.  Planned unit developments may be located in the RD district by conditional use permit. Any conditional use permit shall include consideration of the following factors:
      (1)   Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;
      (2)   Physical and aesthetic impacts of increased density, the parcel being developed and surrounding lands;
      (3)   Suitability of lands for the planned unit development approach;
      (4)   Level of current development in the area; and
      (5)   Amounts and types of ownership of undeveloped lands.
   (B)   Information requirements.  An application for a conditional use permit for a planned unit development shall include, but not be limited to:
      (1)   A site plan for the project showing property boundaries, surface water features, existing and proposed structures, sewage treatment systems, topographic contours at 10 foot intervals or less, and other facilities; and
      (2)   Documents that explain how the project will be designed and how it will function, including but not limited to all covenants, easements, floor plans for structures, any other relevant drawings and a concept statement describing the physical project and all proposed uses.
   (C)   Site density evaluation. Proposed planned unit developments shall be evaluated using the following procedures and standards:
      (1)   The project parcel must be divided into tiers by locating 1 or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:
 
Shoreland Tier Dimensions
Unsewered
Sewered
General development lakes (first tier)
200
 
General development lakes (second and additional tiers)
267
 
 
      (2)   The area within each tier is next calculated, excluding all wetlands, bluffs, or land below the ordinary high water level of public waters. This area is then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.
   (D)   Residential planned unit development density evaluation steps and design criteria. Review of the proposed development shall be subject to the following steps and design criteria:
      (1)   The area within each tier is divided by the single residential lot size standard for lakes, the single residential lot width standard times the tier depth unless the local unit of government has specified an alternative minimum lot size which shall then be used to yield a base density of dwelling units or sites for each tier.  Proposed locations and numbers of dwelling units or sites for the residential planned unit development are then compared with these data and map of the evaluation. Local governments may allow some dwelling unit or site density increases for residential planned unit developments above the densities determined in the evaluation if all dimensional standards in §§ 150.55 through 150.60 inclusive are met or exceeded. Maximum density increases may only be allowed if all design criteria in division (D)(3) below are also met or exceeded. Increases in dwelling unit or site densities must not exceed the maximums in the following table. Allowable densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer.
 
Maximum Allowable Dwelling Unit or Site Density Increases for Residential Planned Unit Developments
Density Evaluation Tiers
Maximum Density Increase Within Each Tier (%)
First
50
Second
100
Third
200
Fourth
200
Fifth
200
 
      (2)   All residential planned unit developments shall contain at least 5 dwelling units or sites.
      (3)   Residential planned unit developments shall contain open space meeting all of the following criteria:
         (a)   At least 50% of the total project area shall be preserved as open space;
         (b)   Dwelling units or sites, road rights-of-way or land covered by road surfaces, parking areas or structures, except water oriented accessory structures or facilities, are developed areas and should not be included in the computation of minimum open space;
         (c)   Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;
         (d)   Open space shall include outdoor recreational facilities for use by owners of the dwelling units or sites, or the public;
         (e)   The shore impact zone, based on normal structure setbacks, shall be included as open space.  At least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments shall be preserved in their natural or existing state;
         (f)   Open space shall not include commercial facilities or uses, but shall contain water oriented accessory structures or facilities;
         (g)   The appearance of open space areas including topography, vegetation, and allowable uses shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means;
         (h)   Open space shall include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.
      (4)   Centralization and design of facilities and structures shall be in accordance with the following standards:
         (a)   Residential planned unit developments shall 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 Minnesota Department of Health and the Minnesota Pollution Control Agency. 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 1 or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features and maximum height. Setbacks from the ordinary high water level must be increased for developments with density increases. Maximum density increases may only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback.
         (c)   Shore recreation facilities including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed 1 for each allowable dwelling unit or site in the first tier. Launching ramp facilities including a small dock for loading and unloading equipment may be provided for use by occupants of dwelling units or sites located in dwelling units or sites located in other tiers.
         (d)   Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf on conditions.
         (e)   Water oriented accessory structures and facilities shall be allowed if they meet or exceed design standards contained herein and are centralized.
         (f)   Accessory structures and facilities shall be allowed if they meet or exceed standards herein and are centralized.
      (5)   Erosion control and stormwater management for residential planned unit developments shall comply with the following requirements:
         (a)   Be designed and their construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district shall be required if project size and site physical characteristics warrant.
         (b)   Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff.
      (6)   Before final approval of a residential planned unit development, the applicant must ensure that adequate provisions have been developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development as a community.
         (a)   Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long-term preservation and maintenance of open space. The instruments shall include all of the following protections:  commercial uses prohibited; vegetation and topographic alterations other than routine maintenance prohibited; construction of additional buildings or storage of vehicles and other materials prohibited; and uncontrolled beaching prohibited.
         (b)   Unless an equally effective, alternative community framework has been established and approved by the city, all residential planned unit developments must use an owners association with the following features: membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; each member must pay a pro rata share of the association’s expenses and unpaid assessments can become liens on units or sites; assessments must be adjustable to accommodate changing conditions; and the association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
   (E)   Commercial planned unit development density evaluation steps and design criteria. The following density evaluation steps and design criteria for commercial planned unit developments must comply with the following:
      (1)   Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space.
      (2)   (a)   Select the appropriate floor area ratio from the following table:
 
Commercial Planned Unit Development
Average Unit Floor Area (sq.ft.)
Lakes; Urban, Agricultural, Tributary River Segments
1,000
.108
1,100
.116
1,200
.125
1,300
.133
1,400
.142
1,500
.150
 
         (b)   For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet.  For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if known, the ratio listed for 1,000 square feet.
      (3)   Multiply the useable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.
      (4)   Divide the area computed in division (E)(3) above by the average determined in division (E)(1).  This yields a base number of dwelling units and sites for each tier.
      (5)   Determine whether the project is eligible for any additional density increases. To be eligible, projects must meet all of the design standards and exceed 1 or more of them. The local unit of government may decide how much, if any, increase in density to allow for each tier, but must not exceed the maximum allowable density increases listed in the following table:
 
Maximum Allowable Dwelling Unit or Site Density Increasesfor Commercial Planned Unit Developments
Tier
Maximum density increase within each tier
First
50
Second
100
Third
200
Fourth
200
Fifth
200
 
      (6)   Allowable densities may be transferred from any tier to any other tier further from the shoreland lake but must not be transferred to any other tier closer.
      (7)   Commercial 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 or parking areas, except water oriented accessory structures or facilities are developed areas and should not be included in the computation of open space.
         (c)   Open space shall include areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries.
         (d)   All shore impact zones within commercial planned unit developments shall be included as open space and at least 50% of these areas must be preserved in their natural or existing state.
         (e)   Open space shall include outdoor recreation facilities for use by guests staying in dwelling units or sites or the public.
         (f)   Open space shall include subsurface sewage treatment systems if use of the space is restricted to avoid adverse impacts on the systems.
      (8)   Design of structures and facilities shall be in accordance with the following standards:
         (a)   Commercial planned unit developments must be connected to publicly owned water supply and sewer systems if available. On-site water supply and sewage treatment systems must be designed and installed to meet or exceed applicable rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 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 located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above surface water features and maximum height. Maximum density increases may only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or other means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback.
         (c)   Structures, parking areas, and other facilities must be designed and located in a manner that minimizes their visibility from surface water features, assuming summer, leaf on conditions. The structure, dwelling unit, accessory structure, or parking area must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased set backs, color, or other means acceptable to the local unit of government assuming summer, leaf on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.
         (d)   Water oriented accessory structures and facilities may be located within shore impact zones if they meet or exceed design standards contained herein.
         (e)   Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number or watercraft allowed to be continuously beached, moored, or docked must not exceed 1 for each allowable dwelling unit or site in the first tier, notwithstanding existing mooring sites in an existing harbor. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.
      (9)   Erosion control and stormwater management for commercial planned unit developments shall comply with the following requirements:
         (a)   Be designed and their construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.
         (b)   Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25% of the tier area, except 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with M.S. § 150.59.
(Ord. 2011-06-07A, passed 6-7-2011)