(A) Purpose. The purpose of this section is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility in site design and architecture for the conservation of land and open space through clustering of buildings and activities. It is further intended that planned unit developments are to be characterized by Central Management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities and a harmonious election and efficient distribution of uses. Planned unit developments regulated under this section may be applied to residential, commercial or industrial uses when in keeping with the regulations provided within this chapter.
(B) Administrative procedure.
(1) Every property owner or developer who considers developing property in accordance with the planned unit development provisions is advised and strongly urged to confer with the Planning and Zoning Commission regarding the provisions of this chapter as they would pertain to the property under consideration. This should be done prior to submitting a formal application and prior to incurring obligations or making binding commitments in the preparation of plans, surveys and other data necessary for the processing of formal planned unit development application.
(2) Planned unit developments must be processed as a conditional use. In the shoreland areas, approval of the PUD cannot occur until the Environmental Review Process (EAW/EIS) is complete.
(C) Application for a PUD. The applicant for a PUD must submit the following documents and information about the site prior to final action being taken on the application request.
(1) A preliminary plat and development plan conforming to the provisions of this chapter and the city subdivision regulations. The plan shall be drawn to a scale of not more than 50 feet per inch and show the following:
(a) The existing and proposed topography with contour intervals not greater than two feet;
(b) The entire outline, overall dimensions and area of the tract described in the application;
(c) Proposed public or community sewer and water system, including size, type and capacity;
(d) Proposed roadway, type and capacity of paving;
(e) The proposed site and existing adjacent developments;
(f) Size and location of buildings;
(g) Landscaping;
(h) Parking areas and arrangement of stalls;
(i) Allocation and disposition of park and open space;
(j) Site and lot dimensions;
(k) Type of use and density of each building, including a relief drawing of the general building design or theme intended for all buildings other than single and two-family units; and
(l) Location, type and size of signing.
(2) In the shoreland area, the following documents and information will be required in addition to those items listed under division (C)(1) of this section:
(a) Surface water features;
(b) Land alterations;
(c) A property owners association agreement with mandatory membership for residential property owners;
(d) Deed restrictions, covenants, permanent easements or other instruments that address the following:
1. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft and construction of commercial buildings in residential PUDs, and
2. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified below.
(e) Any additional documents as requested by the Planning and Zoning Commission that are necessary to explain how the PUD will be designed and function.
(3) If the conditional use permit for the preliminary plat and site plan is approved, the preliminary plat and site plan shall be attached to and become a part of the conditional use permit.
(4) Any modifications to the preliminary plat or site plan will require a resubmission to and approval by, the Planning and Zoning Commission and the City Council.
(5) If the conditional use permit is approved, the final plat shall be submitted to the city in accordance with any city subdivision regulations and the provisions of this chapter.
(D) General requirements.
(1) Relationship of planned unit development to adjacent areas. The design of planned unit developments shall take into account the relationship of the site to the surrounding areas. The perimeter of the planned unit development shall be so designed as to minimize undesirable impact of the planned unit development on adjacent properties and conversely to minimize undesirable impact on adjacent land use and development characteristics on the planned unit development.
(2) Minimum project size. The minimum area of land to be included in a planned unit development in the non-shoreland area shall be four acres.
(3) Yards. The front, side, rear yard and shoreland restrictions at the periphery of the planned unit development site, at a minimum, shall be the same as imposed in the respective districts. Lots shall be designed so as to allow at least 15 feet between structures.
(4) Roadways. Private roadways within the project shall have an improved surface to 20 feet or more in width. No portion of the required 20 feet road system may be used in calculating required off-street parking space.
(5) Utilities. Planned unit developments shall be required to be connected to public sewer and water supply systems.
(E) Density bonus - non-shoreland area. The planned unit development (PUD) may be increased in density to one and one-half times that permitted in the respective zoning district. The following formula shall be used in figuring the permitted density:
Gross land area minus rights-of-way equals net land area
Net land area divided by minimum lot size in respective zoning district
Equals permitted density in respective zoning district
Density permitted in respective zoning district times density bonus equals PUD density
For example:
10 acres gross land area minus 2 acres rights-of-way equals 8 acres net land area
8 acres net land area divided by 10,000 s. f. minimum lot size equals 35 dwelling units
35 dwellings units times 1.5 equals 53 dwelling units (18 additional units permitted)
25% of the net land area shall be developed for common use.
(F) Density bonus - shoreland areas.
(1) Site “suitable area” evaluation.
(a) The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:
Shoreland Tier Dimensions
| |
Sewered (Feet)
| |
General development lakes first tier and each additional tier | 200 |
Recreational development lakes | 267 |
(b) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs or land below the ordinary high water level of public waters. This suitable area and the proposed project are 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.
(2) Residential and commercial PUD density evaluation. The procedures for determining the “base” density of a PUD and density increase multipliers are as follow. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer.
(a) The suitable area within each tier is divided by the single residential lot size standard for lakes, 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 developments are then compared with the tier, density and suitability analyses herein and the design criteria in divisions (G) through (J) of this section.
(3) Commercial PUD “base” density evaluation.
(a) 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.
(b) Select the appropriate floor area ratio from the following table:
Commercial Planned Unit Development Floor Area Ratios* | ||
*Average Unit Floor Area (Square Feet)
|
Titlow Lake
|
Mud Lake
|
Commercial Planned Unit Development Floor Area Ratios* | ||
*Average Unit Floor Area (Square Feet)
|
Titlow Lake
|
Mud Lake
|
200 | .040 | .020 |
300 | .048 | .024 |
400 | .056 | .028 |
500 | .065 | .032 |
600 | .072 | .038 |
700 | .082 | .042 |
800 | .091 | .046 |
900 | .099 | .050 |
1,000 | .108 | .054 |
1,100 | .116 | .058 |
1,200 | .125 | .064 |
1,300 | .133 | .068 |
1,400 | .142 | .072 |
1,500 | .150 | .075 |
* 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 unknown, the ratio listed for 1,000 square feet. | ||
(c) Multiply the suitable 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.
(d) Divide the total floor area by tier computed in division (F)(3)(c) above by the average inside living area size determined in division (F)(3)(a) above. This yields a base number of dwelling units and sites for each tier.
(e) Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analyses herein and the design criteria in divisions (G) and (J) of this section.
(4) Density increase multipliers.
(a) Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in §§ 153.175 through 153.183 of this chapter are met or exceeded and the design criteria in divisions (G) and (J) of this section are satisfied. The allowable density increases in subdivision (b) below will 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 waterbody 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.
(b) Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments:
Density Evaluation Tiers
|
Maximum Density Increase within Each Tier (Percent) |
First | 50 |
Second | 100 |
Third | 200 |
Fourth | 200 |
Fifth | 200 |
(G) Maintenance and administration requirements.
(1) 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;
(c) Construction of additional buildings or storage of vehicles and other materials prohibited; and
(d) Uncontrolled beaching of watercraft 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; and
(d) The association must be responsible for insurance, taxes and maintenance of all commonly-owned property and facilities.
(H) Open space requirements. Planned unit developments must contain open space meeting all of the following:
(1) In non-shoreland areas, at least 25% of the project area must be preserved as open space. In shoreland areas, at least 50% of the 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 must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities.
(6) 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.
(7) The Shore Impact Zone, based on normal structure setbacks, must be included as open space. For residential PUDs, 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 must be preserved in its natural or existing state. For commercial PUDs, at least 50% of the shore impact zone must be preserved in its natural state.
(I) Erosion control and storm water management. Erosion control and storm water management plans must be developed and the PUD must:
(1) Be designed and the 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; and
(2) 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 25% of the tier area, except that for commercial PUDs, 35% impervious surface coverage may be allowed in the first tier of Titlow Lake with an approved storm water management plan and consistency with §§ 153.195 through 153.205.
(J) Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards:
(1) Planned unit developments must be connected to publicly owned water supply and sewer systems if available. On-site water supply systems and sewage treatment systems must be centralized, designed and installed to meet or exceed the rules governing the systems as established by 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.
(2) 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 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 in accordance with division (F)(4) of this section for developments with density increases.
(3) 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 groundwater and bedrock or other relevant factors. The number of spaces provided for continuous beaching, mooring or docking of watercraft must not exceed one 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 other tiers.
(4) Structures, parking areas and other facilities must 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. Vegetative and topographic screening must be preserved, if existing or may be required to be provided.
(5) Accessory structures and facilities, except water-oriented accessory structures, must meet the required principal structure setback and must be centralized.
(K) Review and evaluation. The review and evaluation of a proposed planned unit development and supportive materials and plans shall include but not be limited to the following criteria:
(1) Adequate property control is established and provided to protect the individual owner’s rights and property values and to define legal responsibilities for maintenance and upkeep.
(2) The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public.
(3) A sufficient amount of usable open space is provided as required herein.
(4) The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding areas.
(5) The architectural design of the project is compatible with the surrounding area.
(6) The drainage and utility system plans are submitted to the City Engineer and are subject to his approval.
(7) The development schedule ensures a logical development of the site which will protect the public interest and concerned land.
(8) Principal and accessory uses and requirements are in compliance with the district provisions in which the development is intended.
(Ord. 209.5, passed 12-14-1994)