(A) Purpose. The purpose of the “PUD” Planned Unit Development District is to permit flexibility in the use and design of structures and land in situations where modification of specific provisions of this section would not be contrary to its intent and purpose or significantly be inconsistent with the planning on which it is based, and will not be harmful to the neighborhood in which the district occurs. The PUD process may allow:
(1) Variety. Within a comprehensive site design concept a mixture of land uses, housing types, and densities.
(2) Sensitivity. By departing from the strict application of required performance standards associated with traditional zoning, planned unit development can maximize the development potential of land while remaining sensitive to its unique and valuable natural and scenic characteristics.
(3) Efficiency. The consolidation of areas for recreation and reductions in street lengths and other utility related expenses.
(4) District integration. The combination of uses which are allowed in separate zoning districts such as:
(a) Mixed residential allows both densities and unit types to be varied within the PUD.
(b) Mixed commercial, residential, or institutional land use with the integration of compatible land uses within the PUD.
(B) 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 in land use districts classified as R-4 Multiple-Residence, only.
(C) Processing of PUDs. Planned unit developments must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined elsewhere in the zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the requirements shall be applied. An expansion to an existing commercial PUD involving six or less new dwelling units or sites since the date this section was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures. Approval cannot occur until all applicable environmental reviews are complete.
(D) Application for a PUD. 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 plat for the project showing locations of property boundaries, surface water features, 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 owner’s association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of this section;
(3) Deed restrictions, covenants, permanent easements or other instruments that:
(a) Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft 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 this section.
(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 city that are necessary to explain how the PUD will be designed and will function.
(E) Maintenance and design criteria. 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:
(1) Vegetation and topographic alterations other than routine maintenance prohibited;
(2) Construction of additional buildings or storage of vehicles and other materials prohibited; and
(3) Uncontrolled beaching of watercraft prohibited.
(F) Open space requirements. Planned unit developments outside the shoreland management area must contain open space meeting all the following criteria:
(1) At least 40% of the total project area must be preserved as open space;
(2) 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 shall not be included in the computation of minimum open space;
(3) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;
(4) 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;
(5) Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;
(6) Open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities; and
(7) 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 effective and permanent means.
(G) Density determination for PUDs within the shoreland management area. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures:
(1) Step 1: identify density analysis tiers. Divide the project parcel into tiers by drawing one or more lines parallel to the ordinary high water level at the following intervals, proceeding landward:
Waterbody classification | No sewer (ft) | Sewer (ft) |
General development lakes — first tier | 200 | 200 |
General development lakes — all other tiers | 267 | 200 |
Recreational development lakes | 267 | 267 |
Natural environment lakes | 400 | 320 |
All rivers | 300 | 300 |
(2) Step 2: calculate suitable area for development. Calculate the suitable area within each tier by excluding all road rights-of-way or easements, wetlands, bluffs, or land below the ordinary high water level of public waters.
(3) Step 3: determine base density.
(a) For residential PUDs, divide the suitable area within each tier by the minimum single residential lot area for lakes to determine the allowable number of dwelling units, or base density, for each tier. For rivers, if a minimum lot area is not specified, divide the tier width or river frontage by the minimum single residential lot width.
(b) For commercial PUDs:
1. Determine the average area for each dwelling unit or dwelling site within each tier. Include both existing and proposed dwelling units and sites in the calculation.
a. For dwelling units, determine the average inside living floor area of dwelling units in each tier. Do not include decks, patios, garages, or porches and basements, unless they are habitable space.
b. For dwelling sites (campgrounds), determine the area of each dwelling site as follows: For manufactured homes, use the area of the manufactured home, if known, otherwise use 1,000 square feet; for recreational vehicles, campers or tents, use 400 square feet.
2. Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area:
Inside living floor area or dwelling site area (square feet) | General development lakes with sewer — all tiers; general development lakes with no sewer — first tier; agricultural, urban, and tributary rivers | General development lakes with no sewer — all other tiers; recreational development lakes, forested, and transition rivers | Natural environment lakes, remote rivers |
Inside living floor area or dwelling site area (square feet) | General development lakes with sewer — all tiers; general development lakes with no sewer — first tier; agricultural, urban, and tributary rivers | General development lakes with no sewer — all other tiers; recreational development lakes, forested, and transition rivers | Natural environment lakes, remote rivers |
Less than or equal to 200 | 0.040 | 0.020 | 0.010 |
300 | 0.048 | 0.024 | 0.012 |
400 | 0.056 | 0.028 | 0.014 |
500 | 0.065 | 0.032 | 0.016 |
600 | 0.072 | 0.038 | 0.019 |
700 | 0.082 | 0.042 | 0.021 |
800 | 0.091 | 0.046 | 0.023 |
900 | 0.099 | 0.050 | 0.025 |
1,000 | 0.108 | 0.054 | 0.027 |
1,100 | 0.116 | 0.058 | 0.029 |
1,200 | 0.125 | 0.064 | 0.032 |
1,300 | 0.133 | 0.068 | 0.034 |
1,400 | 0.142 | 0.072 | 0.036 |
Greater than or equal to 1,500 | 0.150 | 0.075 | 0.038 |
3. Multiply the suitable area within each tier by the floor area or dwelling site area ratio to yield the total floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites.
4. Divide the total floor area or dwelling site area for each tier by the average inside living floor area for dwelling units or dwelling site area. This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier.
(c) Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody.
(d) All PUDs with densities at or below the base density must meet the design standards in this section.
(4) Step 4: determine if the site can accommodate increased density.
(a) The following increases to the dwelling unit or dwelling site base densities are allowed if the design criteria are satisfied:
Shoreland tier | Maximum density increase within each tier (percent) |
First | 50 |
Second | 100 |
Third | 200 |
Fourth | 200 |
Fifth | 200 |
(b) Structure setbacks from the ordinary high water level:
1. Are increased to at least 50% greater than the minimum setback; or
2. The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25% greater than the minimum setback.
(2002 Code, § 7.35) (Ord. 42, Fourth Series, effective 5-31-1992; Ord. 7, Seventh Series, passed 6-14-2014; Ord. 34, Eighth Series, effective 2-5-2023)