(A) Minimum area. A PUD shall have a minimum area of one acre, excluding wetlands, land lying below the ordinary high water level of any lake, and existing rights-of-way unless. At the discretion of the City Council, the city may consider a PUD with less than one acre if one of the following conditions exist:
(1) There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community;
(2) The property is directly adjacent to or across a public right-of-way from property that previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or
(3) The property is located in a transitional area between different land uses and development will be used as a buffer between the uses.
(B) Overall density.
(1) Within a PUD, overall density for residential developments shall be consistent with the Comprehensive Plan and the Shoreland Overlay District regulations.
(2) Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. Dwelling units or sites may be clustered into one or more groups.
(C) Allowed uses. Each PUD shall be used for the use for which the site is designated in the Comprehensive Plan. A PUD may not contain uses which, according to the city’s underlying districts, are not allowed anywhere in the city. The city may permit up to 25% of the gross floor area of all buildings in a PUD to be used for land uses for which the site is not designated in the Comprehensive Plan if the City Council finds that such use is in the best interests of the city and is consistent with the requirements of this section.
(D) The various setback and height regulations of the most closely related underlying zoning district shall be considered presumptively appropriate, but may be departed from in order to accomplish the purposes described in this section.
(E) The city may allow more than one principal building to be constructed on each platted lot within a PUD as long as the buildings are separated by at least 15 feet.
(F) Open space. PUDs must contain open space meeting all of the following criteria. PUDs located in the Shoreland Overlay District must meet the criteria identified in § 151.03.14 PUDs in Shoreland Areas.
(1) Each residential PUD shall provide at least 300 square feet per unit of usable open space.
(2) PUDs without residential uses shall provide central area(s) or feature(s) such as a patio with seating, pedestrian plaza with benches, water features, and/or other designated areas or focal points. The size of this area shall be no smaller than 3% of the total PUD area. All such areas shall be openly accessible to the public, connected to any public or private sidewalk system, and designed with materials compatible with the building and remainder of the site. The central area(s) or feature(s) shall be maintained over the life of the development.
(3)
For PUDs with both residential and non-residential uses, subsection (F)(1) of this section shall apply to the residential portion of the PUD while subsection (F)(2) of this section shall be used to calculate the appropriate amount of open space for the non-residential portion.
(4) Road rights-of-way or land covered by road surfaces, parking areas, structures or footprints reserved for future structures are developed areas and shall not be included in the computation of minimum open space.
(5) Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites such as unplatted cemeteries.
(6) Open space may include pervious outdoor recreation facilities for use by owners of dwelling units or sites, by customers/guests in commercial PUDs and by the general public.
(G) 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.
(H) Impervious surface requirements. The impervious surface requirements of PUDs shall not exceed that of the underlying zoning district or § 151.03.22 if the PUD is in a shoreland area.
(I) All property to be included within a PUD shall be under unified ownership or control and subject to legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan.
(J) The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the city ordinances generally governing them. The City Council, may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements.
(K) Homeowners association. Unless an equally effective alternative community framework is established and approved by the city, all residential PUDs that include common ownership or common maintenance elements must use an owners’ association with the following features:
(1) Membership must be mandatory for each dwelling unit or site purchaser and owner.
(2) Each member must pay a pro rata share of the association’s expenses. Unpaid assessments shall become liens on units or sites.
(3) Assessments must be adjustable for changing conditions.
(4) The association must be responsible for insurance, taxes and maintenance of all commonly-owned property and facilities.
(5) All stormwater management facilities within the PUD shall be owned and maintained by the homeowners association. The homeowners association must have a signed maintenance agreement on file at the city outlining the minimum maintenance activities for all stormwater management devices.
(Ord. 20220120-01, passed 1-20-22)