(A) Purpose. The purpose of the Planned Unit Development District is: to encourage flexibility in the design and development of land in order to promote its appropriate use; to facilitate the adequate and economical provisions of streets and utilities; and to preserve natural and scenic qualities. The PUD District shall be an overlay district, however, it shall apply only to specific projects which have been approved through the procedures outlined herein. If any standards contained with Minn. Rules parts 6120.2500 or 6120.3800 are more restrictive than this chapter the stricter standards shall apply.
(B) General standards.
(1) Three types of PUD projects may be approved, dependent upon the primary zoning district and the standards outlined below.
(a) A standard PUD may include lands within any one, or more than one, primary zoning district.
(b) A rural PUD shall include lands only within the Agricultural/Residential (A/R) district.
(c) A resort conversion PUD shall include only lands which exist as a resort and lie within the Commercial Recreation Shorelands (S-3) District.
(2) Except in the case of a resort conversion, every PUD District must contain a minimum of 20 acres of contiguous land to be treated as a unified project.
(3) In addition to the general standards for zoning amendments in § 155.028 of this chapter, the Planning Commission may recommend the establishment of a PUD district only if it finds that the proposal satisfies the following criteria:
(a) The planned unit development is consistent with the Comprehensive Plan of the county;
(b) The planned unit development is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain and similar areas; and
(c) The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site.
(C) Number of units.
(1) Standard planned unit development.
(a) In the planned unit development, the number of dwelling units proposed for the entire site shall not exceed the total number permitted under the density control provisions of the zoning district(s) in which the land is located. If the planned unit development is in more than one zoning district, the number of allowable dwelling units must be separately calculated for each portion of the planned unit development that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire planned unit development.
(b) The Planning Commission shall determine the number of dwelling units which may be constructed within the planned unit development by dividing the net acreage of the project area by the required lot area per dwelling unit which is required in the district which the planned unit development is located. The net acreage shall be defined as the project area less the land area dedicated for public streets. Fractional results shall be rounded to the nearest whole number.
(2) Rural planned unit development. For a rural planned unit development, the number of dwelling units shall be determined by multiplying the gross acreage of the project area by six-fortieths. Fractional results shall be rounded to the nearest whole number. Multi-family structures shall not be permitted in a rural PUD.
(3) Resort conversion planned unit development. For a resort conversion planned unit development, the number of dwelling units shall not exceed the number of dwellings or rental units (excluding campsites) which legally exist at the resort prior to the conversion. The conversion must also comply with all state Department of Natural Resource standards and provide proof of ability to meet all state and local sewage treatment standards.
(D) Coordination with Ch. 154 of this code of ordinances.
(1) It is the intent of this chapter that subdivision review under Ch. 154 of this code of ordinances be carried out simultaneously with the review of a planned development under this chapter of the zoning ordinance. All PUD proposals must be platted.
(2) The plans required under this section must be submitted in a form which will satisfy the requirements of Ch. 154 of this code of ordinances for the preliminary and final plats required under those regulations.
(E) Variances. It is the intent of this section, planned unit development, to provide a means to allow variances from the provisions of this chapter including lot sizes, setbacks, height and similar regulations
not including parking requirements, off-street loading, necessary landscaping and the like. Variances may be granted for the planned unit developments under the following conditions.
(1) Certain regulations contained in this chapter may not realistically apply to the proposed development due to its unique nature.
(2) The variances, if granted, would be fully consistent with the general intent and purpose of this chapter.
(3) The planned unit development would produce development of equal or superior quality to that which would result from strict adherence to the provision of this chapter.
(4) The variances will not constitute a threat to the property values, safety, health and general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, morals and general welfare of the people of the county.
(5) It shall be determined that the variances are required for a reasonable and practical physical development according to a comprehensive development plan and are not required solely on the basis of financial considerations.
(6) Except in the case of a resort conversion, or when a community water and sewer system will be provided, lot sizes shall meet or exceed the minimum standards set forth for the Urban/Rural Transition (R-1) Zone.
(F) Procedure; establishment of PUD.
(1) General procedures for the establishment of a PUD district shall be the same as for rezoning, as outlined in § 155.028 of this chapter. In addition, applications for the establishment of a PUD District shall be accompanied by an outline development plan.
(2) An outline development plan must include both maps and written statements, and must show enough of the area surrounding the proposed planned unit development to demonstrate the relationship of the planned unit development to adjoining uses.
(3) The maps which are part of the outline development plan may be in general schematic form, and must contain the following information:
(a) The general topographic character of the land;
(b) Existing and proposed land uses and the approximate location of buildings, lots, utilities and unique development features of the site;
(c) The location of existing and proposed roads; and
(d) Public uses, including schools, parks, playgrounds and other open spaces.
(4) The written statement to accompany the outline development plan must contain the following information:
(a) An explanation of the character of the planned development and the manner in which it has been planned to take advantage of the planned development regulations;
(b) A statement of the present ownership of all of the land included within the planned development;
(c) A general indication of the expected schedule of development including progressive phasing and time schedules;
(d) A statement of preliminary approval from the township board, which indicates that any proposed roads will be accepted as township roads; and
(e) Proposed uses and ownership of undeveloped land and common open space.
(5) After review by the Planning Commission, the outline development plan shall be submitted to the County Board for its final decision on establishment of the PUD District.
(G) Procedure; preliminary development plan approval.
(1) General procedures for the approval of a preliminary development plan shall be the same as for the approval of a conditional use permit for a preliminary plat, as outlined in Ch. 154 of this code of ordinances and § 155.029 of this chapter. If more than 90 days elapses between the establishment of the PUD District and approval of a preliminary development plan, the Planning Commission may order renotification of nearby property owners before final approval.
(2) The preliminary development plan must include all of the following information, in addition to that required for a preliminary plat:
(a) Proposed uses and location of common open space and restricted lands;
(b) Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, public buildings and similar public and semi-public uses;
(c) A plot plan for each building site and common open area, showing the approximate location of all buildings, structures and improvements;
(d) Elevation and perspective drawings for all proposed structures and improvements except single-family residences and their accessory buildings;
(e) A development schedule indicating:
1. The approximate date when construction of the project can be expected to begin;
2. The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;
3. The approximate dates when the development of each of the stages in the development will be completed; and
4. The area and location of common open space that will be provided at each stage.
(f) Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open areas or restricted lands; and
(g) Any other plans or studies determined necessary by the Planning Commission to protect the public health, safety or welfare.
(3) In its final approval of a preliminary development plan, the Planning Commission may include conditions which must be met before approval of a final development plan, and also conditions which are permanent. Only the permanent conditions need be recorded.
(H) Final development plan.
(1) A final development plan shall be submitted which meets the same requirements as a final plat in Ch. 154 of this code of ordinances.
(2) If no final development plan is submitted within six months of approval of the preliminary development plan, the Planning Commission may revoke approval of the preliminary development plan.
(3) The final development plan shall comply in all respects with the approved preliminary development plan. Changes in the approved preliminary development plan shall require an amended conditional use permit.
(4) Roads and other improvements, including improvements to common open spaces, must be completed prior to recording the final development plan, unless adequate financial guarantees are provided the county in accord with Chapter 154 of this Code of Ordinances.
(5) After recording the final development plan, no alterations of the approved preliminary development plan may be made by the developer unless approved by the Planning Commission. Minor changes in the siting of single-family dwellings and accessory structures may be approved by the Zoning Administrator.
(I) Common open space.
(1) Except for the establishment of restricted lands in a rural planned unit development, as provided in division (J) below, all lands shown on the preliminary development plan as common open space must be conveyed under one of the following options. Under no circumstances may lands used to calculate the number of units be transferred or used for any purpose not included in the approved preliminary development plan.
(a) It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures or improvements which have been placed on it.
(b) It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the trustees subject to covenants to be approved by the Planning Commission which restrict the open space to the uses specified on the preliminary development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.
(2) The following standards shall be used by the Planning Commission to review the provision of common open spaces.
(a) The location, shape, size and character of the common open space must be suitable for the planned development.
(b) Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography and the number and type of dwellings to be provided.
(c) Common open space must be suitably improved for its intended use, but common space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.
(d) The development schedule which is part of the preliminary development plan must coordinate the improvement of the common open space, the construction of buildings, structures and improvements in the common open space, and the construction of residential dwellings in the planned unit development.
(e)
If the preliminary development plan provides for buildings, structures or improvements in the common open space, the developer must provide a bond or other adequate assurance that the buildings, structures and improvements will be completed.
(J) Restricted lands.
(1) In general, the creation of restricted lands shall be for the purpose of preserving productive agricultural land while providing for the clustering of residential sites on non-productive land. Such use will only be permitted within a rural PUD.
(2) (a) Unlike common open space, restricted lands used to calculate the number of units may be transferred and/or used for private purposes unrelated to the PUD.
(b) However, restricted lands may not be developed for residential or commercial uses, but shall be strictly limited to agricultural or open space uses.
(c) Reasonable restrictions upon such lands shall be stated by the Planning Commission at the time of preliminary development plan approval and said restrictions shall be recorded with the final development plan.
(3) Alteration or removal of the conditions and restrictions on restricted lands may only be enabled through rezoning the property. Because said restrictions are an integral part of the rural PUD approval, said rezoning may only take place after the Planning Commission and the County Board make the following findings.
(a) The land use plan for the area has been changed in a manner which allows for more intensive development.
(b) The character of the area has substantially changed in a manner which invalidates the reasons for original establishment of the rural PUD.
(Ord. 18-4, passed 6-19-2018)