(1) Types of PUDs permissible. Shoreland planned unit developments, as defined in § 1102.03, are allowed for new projects on undeveloped land, redevelopment of previously built sites or conversions of existing buildings and land.
(2) Processing of shoreland PUDs. Planned unit developments shall be processed as a conditional use permit or a rezoning to PUD in accordance with the City Zoning Code as well as the performance standards outlined herein.
(3) Application for a PUDs. The application for a PUD/CUP must submit the following documents in addition to documents required by Chapter 1001 of the city code and the City Zoning Code, Chapter 1007, prior to final action being taken on the application request:
(a) 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.
(b) A property owners association agreement (for residential PUDs) with mandatory membership and all in accordance with the requirements of division (4)(c)3.
(c) Deed restrictions, covenants, permanent easements or other instruments that:
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 in division (4)(d).
(d) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied.
(e) Those additional documents as requested by the city that are necessary to explain how the PUD will be designed and will function.
(4) Site "suitable area" evaluation. Suitable area for development within a shoreland planned unit developments (PUDs) shall exclude all wetland, watercourses, land below the ordinary high water level of public waters, public street rights-of-way and public parks. This suitable area and the proposed project are subject to PUD performance standards governing density and design.
(a) All PUDs must have access to public sanitary sewer and water.
(b) Lot area and width standards. The following lot are per unit standards shall apply to all PUDs within the Shoreland Overlay District provided that the resulting total development density in the shoreland area does not exceed the total city-wide shoreland density allowed based on State of Minnesota shoreland standards. The city, in its evaluation of any PUD, shall evaluate the proposed PUD density in light of the development capacity of the city-wide Shoreland Overlay District. Where the requirements of the underlying zoning district are more or less restrictive than those set forth herein, the more restrictive standards shall apply.
Residential (R-3, R-4 Zoning Districts)
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NE | RD | GD | T | |
Residential (R-3, R-4 Zoning Districts)
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NE | RD | GD | T | |
Lot area: | ||||
Townhomes | 5,000 | 5,000 | 5,000 | 5,000 |
Apartments/condominiums | 2,900 | 2,900 | 2,900 | 2,900 |
Lot width: | ||||
Townhomes | 150 | 130 | 130 | 130 |
Apartments/condominiums | 150 | 130 | 130 | 130 |
Setbacks: | ||||
1. OHWL | 200 feet | |||
2. Setback from streets: | ||||
a. Right-of-way line of federal, state or county highway | 40 feet | |||
b. Local street | 30 feet | |||
3. Side yard setback | 20 feet | |||
4. Setback between buildings on multiple building site | 35 feet | |||
5. Bluff setback | 50 feet | |||
(c) Maintenance and administration requirements.
1. Provisions for preservation and maintenance. Before final approval of a planned unit development, adequate provisions must be developed for preservation sand 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.
(d) Open space requirements. Planned unit developments must contain open space meeting of the following criteria:
1. At least 50% 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 site 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; and
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 impacts 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.
(e) Erosion control and stormwater management. Erosion control and stormwater 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 or 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 must be in accordance with the Lino Lakes local water management plan and approved by the City Council; and
2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage must not exceed 35% with an approved stormwater management plan and consistency with § 1102.09.
(f) 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.
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.
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. The shared lake access must be approved by the City Council. 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 (notwithstanding existing mooring sites in an existing commercially used 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.
4. Structures, parking areas and other facilities must be treated to reduce visibility as viewed form public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the City Council, 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 structural setbacks and must be centralized.
6. Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in § 1102.07(2) of this chapter and are centralized.
(5) Conversions. The city may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met.
(a) Proposed conversions must be initially evaluated using the same procedures for residential planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.
(b) Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.
(c) Shore impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:
1. Removal of extraneous buildings, docks or other facilities that no longer need to be located in shore impact zones;
2. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and
3. If existing dwelling units are located in shore impacts zones, conditions shall be attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. 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.
(d) 1. Existing dwelling unit or dwelling site densities that exceed standards in division (4) may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future.
2. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems or other means.
(Ord. 04-95, passed 4-10-1995)