(A) Types permissible. PUDs located within 1,000 feet of any lake within the city are allowed for new projects on undeveloped land, redevelopment of previously built sites or conversions of existing buildings and land.
(B) Processing. PUDs in the Shoreland Overlay District must meet the following requirements in addition to all those outlined elsewhere in city’s zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the requirements shall be applied.
(1)
In order for a residential PUD in a shoreland area to be processed, the proposed project must have at least five dwelling units or have a total project area of at least 50,000 square feet for a general development lake; 75,000 square feet for a recreational development lake; and 100,000 square feet for a natural environment lake. Determination of allowable densities shall be determined by subsections (C) and (D) of this section.
(2) PUDs must be processed as conditional uses. Approval cannot occur until the appropriate environmental review is complete, if applicable.
(3) A property owner’s association agreement (for residential PUDs) with mandatory membership must be submitted and approved by the city prior to final approval of the proposal. The agreement shall be in compliance with all provisions of this section.
(4) Deed restrictions, covenants, permanent easements or other instruments shall be created and approved by the city that:
(a) Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft and construction of commercial buildings in PUDs where allowed; and
(b) Ensure the long term preservation and maintenance of open space in accordance with the criteria and analysis, specified in § 151.03.13 Development Standards.
(C) Site “suitable area” evaluation. Proposed new 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 in subsection (D) of this section.
(1) 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 (OHW) at the following intervals and proceeding landward:
Shoreland Tier Dimensions | ||
General Development Lake | First Tier | 200 feet |
General Development Lake | All other tiers | 200 feet |
Recreational Development Lake | All tiers | 267 feet |
(2) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs or land below the OHW of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial PUD density evaluation steps to arrive at an allowable number of dwelling units or sites.
(D) Density evaluation. The procedures for determining the “base” density of a PUD and density increase multipliers are as follows.
(1) Allowable densities may be transferred from any tier to another tier further from the water body, but must not be transferred to any other tier closer to the waterbody.
(2) 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 area are residential, commercial, or a combination of the two.
(3) Residential PUD “base” density evaluation.
(a) The suitable area within each tier is divided by the single residential lot size standard to yield a base density of dwelling units or sites for each tier.
(b)
Proposed locations and numbers of the base number of dwelling units or sites for the residential PUD are then evaluated to determine whether the tiers and suitable area can support these units while meeting the required design criteria in subsections (F) and (G) of this section.
(4) 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, porches, or basements unless the basements are a habitable space);
(b) Select the appropriate floor area ratio from the following table:
Table 151.03.02 Commercial Floor Area Ratios
Commercial Floor Area Ratios*
| ||
Average Unit Floor Area | General Development Lake | Recreational Development Lake |
Commercial Floor Area Ratios*
| ||
Average Unit Floor Area | General Development Lake | Recreational Development Lake |
200 sq. ft. | 0.040 | 0.020 |
300 sq. ft. | 0.048 | 0.024 |
400 sq. ft. | 0.056 | 0.028 |
500 sq. ft. | 0.065 | 0.032 |
600 sq. ft. | 0.072 | 0.038 |
700 sq. ft. | 0.082 | 0.042 |
800 sq. ft. | 0.091 | 0.046 |
900 sq. ft. | 0.099 | 0.050 |
1,000 sq. ft. | 0.108 | 0.054 |
1,100 sq. ft. | 0.116 | 0.058 |
1,200 sq. ft. | 0.125 | 0.064 |
1,300 sq. ft. | 0.133 | 0.068 |
1,400 sq. ft. | 0.142 | 0.072 |
1,500 sq. ft. | 0.150 | 0.075 |
*For average unit floor areas less than shown, use the floor area ratios listed for 200 sq. ft. For areas greater than shown, use the ratios listed for 1,500 sq. ft. For recreational camping areas, use the ratios listed at 400 sq. ft. Manufactured home sites in recreational camping areas shall use a ratio equal to the ratios listed for 1,000 sq. ft. | ||
(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 subsection (D)(4)(c) of this section by the average inside living area size determined in subsection (D)(4)(a) of this section (this yields a base number of dwelling units and sites for each tier); and
(e) Proposed locations and numbers of dwelling units or sites for commercial PUDs are then evaluated to determine whether the tiers and suitable area can support these units while meeting the required design criteria in subsections (F) and (G) of this section.
(E) Density increase multipliers.
(1) The allowable density increase in subsection (E)(2) of this section will only be allowed if structure setbacks from the OHW 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, and the setback is at least 25% greater than the minimum setback.
(2) Allowable dwelling unit or dwelling site density increases for residential or commercial PUDs:
Maximum Density Increase by Tier
| |
First | 50% |
Second | 100% |
Third | 200% |
Fourth | 200% |
Fifth | 200% |
(F) Maintenance and design criteria,
(1) Maintenance and administration requirements. Before final approval of a PUD in a Shoreland District, 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 criteria. PUDs in shoreland areas must contain open space, which shall meet all of the following criteria:
(a) Open space must constitute at least 50% of the total project area and must include:
1. Areas with physical characteristics unsuitable for development in their natural state.
2. Areas containing significant historic sites or unplatted cemeteries.
3. Portions of the Shore Impact Zone preserved in its natural state or existing states as follows:
a. For existing residential PUDs, at least 50% of the Shore Impact Zone.
b. For new residential PUDs, at least 70% of the Shore Impact Zone.
c. For all commercial PUDs, at least 50% of the Shore Impact Zone.
(b) Open space may include:
1. Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwellings or sites, and by the general public;
2. Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; and
3. Wetlands that are not designated public waters.
(c) Open space shall not include:
1. Structures, portions of a structure, or other shelter designed as short or long-term living quarters for one or more persons. This includes all residential dwellings and rental or timeshare accommodations such as motel, hotel, and resort rooms, and cabins; or
2. Road rights-of-way or land covered by road surfaces and parking areas; or
3. Land below the OHW of public waters; or
4. Commercial facilities or uses; or
5. Locations or sites used for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites; or
6. Footprints or designated portions of the site intended for future structure, road, or parking development if the PUD is phased.
(d) 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.
(G) General design standards.
(1) All habitable structures within the PUD shall be serviced by one of the following:
(a) City-owned water and sewer systems.
(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 form the OHW, setbacks from bluffs, elevation above the surface water features, and maximum height. Setbacks from the OHW must be increased in accordance with subsection (E) of this section for developments with density increases.
(3) Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in § 151.03.22 and are centralized.
(4) Shore recreation facilities, including but not limited to swimming areas, docks and watercraft mooring areas, and launching ramps, must be centralized and located in suitable areas approved by the city. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, compatibility with adjacent land uses and other relevant factors.
(5) One launching ramp facility may be provided for use only by occupants of dwelling units in the PUD. A launching ramp is a conditional use and is dependent upon site characteristics as well as numbers of launching ramps on the body of water. Where shore recreation facilities including launching ramps and docks have been installed, the requirements of this section shall not preclude continued use of such launching ramp or docks subject to approval of a conditional use permit.
(6) Lake access outlots which meet or exceed the following standards are intended as controlled accesses to public waters or recreation areas for use only by owners of nonriparian lots within the PUD:
(a) Lake access outlots or access easements must meet the width and size requirements for residential lots, and be suitable for the intended uses of lake access outlots or access easements. Docking or mooring of watercraft is allowed at an access outlot or access easement, subject to provisions of § 151.03.25(B);
(b) Lake access outlots must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the controlled access lot;
(c) Covenants or other equally effective legal instruments may be developed that specify which lot owners have authority to use the lake access outlot or access easement and what activities are allowed. The activities may include watercraft loading, beaching, mooring, or docking. They may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants may limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be moored or docked, and may require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. The covenants may also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. In no case shall covenant provisions be less restrictive than provisions of this section or any other city ordinance;
(d) Dock lighting shall be allowed provided such lighting is not directed toward the lake in such a manner that it impairs the vision of or confuses operators of watercraft. No oscillating, rotating, flashing, or moving sign or light may be used on any dock. No light shall shine on neighboring lots in excess of 0.4 footcandles; and
(e)
The Planning Commission and City Council may waive or vary any of the requirements in subsection (G)(6) of this section based on the nature of the property or a demonstrated unique need associated with the property.
(7) Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shore lands by vegetation, topography, increased setbacks, color or other means, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.
(H) Conversions. Existing resorts, mobile home courts or other land uses and facilities may be converted to residential PUDs if all of the following standards are met:
(1) Proposed conversions must be initially evaluated using the same procedures for residential PUDs involving all new constructing. Inconsistencies between existing features of the development and these standards must be identified.
(2) Deficiencies involving water supply and sewage treatment, structure visibility, impervious surface coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.
(3) Shore and Bluff Impact Zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:
(a) Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or Bluff Impact Zones;
(b) Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water;
(c) If existing dwelling units are located in shore or Bluff Impact Zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations; or
(d) The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.
(4)
Existing dwelling unit or dwelling site densities that exceed standards in subsections (D) or (E) of this section may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, or other means.
(I) Exemptions. If less than 10% of the land in a proposed PUD project is located in the city's Shoreland Overlay District and does not abut any public waters, the State Department of Natural Resources may, in writing, determine that the city's Shoreland PUD requirements need not be applied to the development.
(J) Fee. The processing fee for a PUD shall be set by a motion adopted by the Council and reviewed annually.
(K) Evaluation criteria. In addition to the guidelines provided elsewhere in the city ordinances, the City Council shall evaluate a PUD in the shoreland area using the following criteria:
(1) Existing recreational use of the surface water and likely increases in use associated with planned unit developments;
(2) Physical and aesthetic impacts of increased density;
(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.
(Ord. 20220120-01, passed 1-20-22)