HomeMy WebLinkAbout09/08/2015 Workshopo�a"p
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission Workshop
Meeting Agenda
September 8, 2015
Andover City Hall
Conference Rooms A & B
6.00 p.m.
1. Call to Order
2. Discuss Subordinate Classroom Structures
a) Other Cities Requirements
b) Life Span of the Structure
c) Quality of Structures
I Discuss PUD Requirements
4. Other Business
5. Adjournment
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Stephanie L. Hanson, City Planner
SUBJECT: Discuss Subordinate Classroom Structures
DATE: September 8, 2015
INTRODUCTION
At the July 14, 2015 work session, the Planning and Zoning Commission (P & Z) discussed
subordinate classroom structures in regards to other cities requirements, life span of the
structures, and quality of the structures. Staff researched codes and spoke with staff from 10
metro cities. The information is attached for your review.
DISCUSSION
City Requirements
Through researching the 10 communities, staff determined it is more common to require either
an Interim Use Permit (IUP) or Conditional Use Permit (CUP) with an expiration date. If an
extension is requested, it is typical for the city to work with the applicant by extending the
permit. 6 of the cities (Andover, Anoka, Blaine, Elk River, Plymouth, Ramsey) have
similar /same code requirements.
3 cities (Coon Rapids, Rogers, Wayzata) do not address temporary structures within the city
code.
• Coon Rapids updated the City Code 2 years ago and the portion referring to
temporary classrooms was removed from the code.
• Rogers does not address them; however, it would need to be approved through
the site plan review process.
• Wayzata does not address them and the city does not have these types of
structures.
2 cities (Rogers, Shoreview) require the structures to be approved as part of a site plan review
process; however neither of the cities have these type of structures.
Life Span of Structure
No cities' address the life span of the structures. According to Andover Fire and Building staff,
the structure itself should last indefinitely as long as it is kept up and continuously updated to
address life safety issues. Fire codes don't change very often. There are provisions for existing
building that may not require the building to meet the new code but must meet the code that was
in effect at the time it was constructed.
Currently, the State Fire Marshal's Office is required to inspect all public schools and their
"relocatable classrooms" every 3 years. Andover Fire Staff makes an effort to inspect the schools
and churches every 2 years.
Quality of Structure
No cities' address the quality of the structures. These types of structures are constructed
according to Building and Fire Codes. Again, according to Andover Fire and Building staff, the
structure itself should last indefinitely as long as it is kept up and continuously updated to
address life safety issues.
ACTION REQUESTED
The P &Z Commission is requested to continue discussions and provide staff with direction about
existing and future subordinate classrooms.
Attachment
Research of City Codes
nxmd,
Stephanie L. Hanson
September 8, 2015
Planning & Zoning Commission
Work Session
Subordinate /Temporary Structures
Andover
Requires an IUP
5 year permit. Staff is not aware of any instances in which an existing permit was not extended if
the request has been made.
Public schools are a permitted use in residential districts; there are no restrictions on expansion
by construction of temporary classrooms.
Places of Worship are a conditional use therefore any expansion of their facilities would require
the issuance of an IUP.
Anoka
Requires an IUP
In 2010 the CC approved an IUP for temporary classrooms for the Anoka High School, set to
expire on 7/1/2020. Part of the conditions does not allow additional classrooms. If an addition
to the high school is not completed by 2020, the IUP will be extended.
Blaine
Requires a CUP
The City will work with the applicant to determine a timeframe needed for the CUP. The
existing CUP structures at the schools and churches have been amended when the request has
been made.
Coon Rapids
Code does not address temporary classrooms
Staff is not aware of any of these structures within the City of Coon Rapids
A couple years ago the Coon Rapids code was updated — the portion referring to temporary
classrooms was removed from the code.
Elk River
Requires an IUP
IUP's have an expiration date of typically 2- 3 years with a condition that the IUP will not be
extended.
Currently, there is one (1) place of worship with an NP for 3 (three) temporary structures. The
structure being used as an office will not be granted an fUP extension; the 2 (two) structures used
for classrooms may apply for an IUP extension.
Plvmouth
Requires an IUP
Are allowed for public or private schools
The City will work with the applicant to determine a timeframe needed for the IUP. Extensions
for the existing permit would be extended if the request has been made.
Ramse
Requires an IUP
5 year permit. Staff is not aware of any instances in which an existing permit was not extended if
the request has been made. Ramsey Public Works Department has an IUP for use of a modular
office.
Rogers
Code does not specifically address temporary classrooms. Existing "temporary classrooms" have
been approved through the site plan review process.
Shoreview
These types of structures are considered permanent. An applicant would need to go through the
formal site plan review process. The structures would need to meet building requirements set
forth in the Shoreview code. The City does not have any of these types of structures within the
city.
Wayzata
Code does not address temporary classrooms. Staff is not aware of any of these structures within
the City of Wayzata.
a a M
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Stephanie L. Hanson, City Planner
SUBJECT: Continued Discussion for Planned Unit Developments (PUD)
DATE: September 8, 2015
INTRODUCTION
At the July 14, 2015 work session, the Planning and Zoning Commission (P & Z) discussed the
intent of PUD's. Staff researched codes and spoke with staff from 10 metro cities. The
information is attached for your review.
DISCUSSION
The intent of a PUD is similar from city to city: to encourage a creative and flexible approach to
housing types, setbacks and the preservation of site qualities (trees and natural features).
In the majority of situations, with the exception of Blaine, each Cities application process is
similar. The property owner can submit a request for a PUD on any lands within the city in
which the elements of the PUD are negotiated to provide maximum flexibility between the
applicant and City. Some cities have requirements such as providing a certain percentage of
open space and mandatory Homeowner's Association. Blaine allows a PUD in a specific zoning
district called Development Flex District. However, the elements of the PUD are negotiated to
provide maximum flexibility.
Andover has 2 sections of code pertaining to PUD's. I have attached each section for your
review. City Code 13 -3 pertains to PUD's that can be applied to each zoning district. This
section of code mentions desirable PUD design qualities, which is also common language for
other cities.
City Code 13 -4 -9 pertains to PUD's in the Shoreland Overlay District. The shoreland area is
defined as land located within 1,000 feet from the ordinary high water level of a lake, pond, or
flowage; and 300 feet from a river or stream. The Andover City Code definition of shoreland is
attached for your review.
The Andover shoreland PUD requirements are similar to some of the other cities requirements
such as mandatory Homeowner's Association and at least 50 percent of the total project must be
preserved as open space. P &Z may want to consider incorporating certain design elements
throughout the City of Andover.
ACTION REQUESTED
The P &Z Commission is requested to continue discussions and provide staff with direction about
PUD's.
Attachment
Research of City Codes
Andover City Code 13 -3, Planned Unit Development (PUD)
Andover City Code 13 -4 -9, PUD's in the Shoreland District
Andover City Code Shoreland Definition
Res ectfully mi e ,
Stephanie L. Hanson
September 8, 2015
Planning & Zoning Commission
Work Session
Planned Unit Development (PUD) Criteria and Requirements
Andover
Processed as a Conditional Use (CUP)
To provide greater creativity and flexibility in environmental design
Provides desirable design qualities (preserve trees, provide attractive streetscape, high quality
building materials, considerable landscaping, provide buffer between uses)
Substantial amount of design qualities must be found to approve PUD
Anoka
Processed as a rezoning to PUD and must be a minimum of 5 acres
Intent is to provide various types and combinations of land uses, creative design and sensitivity
to the natural environment, protect and preserve natural features, and provide greater densities
Blaine
Known as Development Flex District (DF) - Processed as a CUP and the rezoning of the
property to DF
Intent is to encourage creative approach to housing development, permits a combination of
housing types (provides a wider range of housing types, price ranges and styles), allows
flexibility in design by allowing cluster developments, flexible setbacks, encourages
preservation of open space and natural features, contributes to the tax base of community and
provides greater creativity and flexibility
In order to provide maximum flexibility, there are no fixed standards.
Coon Rapids
Processed as a CUP
Offers greater creativity and flexibility
Density — may provide up to 25% increase in the number of units per acre if the PUD provides
substantially more site amenities than are found in a conventional subdivision
Homeowner's Association- Homeowners Association mandatory for a residential PUD's
Open Space — At least 20% of the area of the residential portion of the PUD must be usable open
space
Exterior Materials — Must use high quality varied exterior materials
Elk River
Processed as CUP
Homeowner's Association- Homeowners Association mandatory for a residential PUD's
Density — Density increase determined per project
Open Space — At least 50% of total project must be preserved as open space
Maple Grove
PUD may be voluntary or required (as in the case of shopping centers)
Intent is to offer a wider range of housing types, price ranges and styles, energy conservation
through building design, preservation of desirable site characteristics, open space and sensitive
areas, more effective and efficient use of the land
Density — May be 25% greater than would otherwise be permitted with specific requirements
Plymouth
Processed as a rezoning to a PUD
Offers greater flexibility
Intent is to allow for the mixing of land uses, provide variations to improve site design and
operation, promote a more creative and efficient approach to land use, preserve and enhance
natural features and open spaces and improve efficiency of public streets and utilities.
Ramsev
Processed as a CUP and rezoning to PUD
Intent is to offer a wider range of housing types, price ranges and styles, energy conservation
through building design, preservation of desirable site characteristics, open space and sensitive
areas, more effective and efficient use of the land
Open Space — At least 20% must be preserved as open space
Ro ers
Processed as rezoning to PUD and must have a minimum of 80 acres of land
Intent is to provide flexibility and encourage the preservation of site characteristics and sensitive
environmental features such as open spaces, trees, wetlands and steep slopes, promote high
quality design, and allow for mixed uses
Density — maximum density shall not exceed the max density specified for the land use
designation identified
Public sewer and water must be immediately available
Shoreview
The intent is to provide benefit to the city as a whole which include but are not limited to the
following: architectural enhancements that exceed building design standards, enhancement of
public infrastructure (streetscaping, street design, sidewalks, open space and trails)innovative
techniques to minimize storm water runoff from the site and enhance water quality, incorporate
sustainable building practices, specified percentage of affordable housing, historic preservation,
and preserve open space
Wayzata
Processed as a CUP
Intent is to offer greater flexibility by incorporating design modifications, preservation and
enhancement of desirable site characteristics such as natural topography, creative use of land,
and provide a wider range of housing types, price ranges and styles
Homeowner's Association- Homeowners Association mandatory for a residential PUD's
Density — Will be determined by standards negotiated between applicant and City
Open space — Must be provided
CHAPTER
PLANNED UNIT DEVELOPMENT (PUD)
SECTION:
13 -3 -1:
Purpose
13 -3 -2:
Utilization of PUD
13 -3 -3:
PUD Concept Review
13 -3 -4:
Uses
13 -3 -5:
Density
13 -3 -6:
Zoning And Subdivision Standards And Requirements
13 -3 -7:
Approval Process
13 -3 -8:
Fees And Costs
13 -3 -9:
Findings Required
13 -3 -10:
Revisions And Amendments
13 -3 -11:
Desirable PUD Design Qualities
13 -3 -12:
Approval Of Planned Unit Development
13 -3 -1: PURPOSE: The purpose of a PUD is to encourage more efficient
allocation of density and intensity of land use where such arrangement is
desirable and feasible by providing the means for greater creativity and flexibility
in environmental design than provided under the strict application of this code. It
must be demonstrated to the satisfaction of the City Council that a higher quality
development will result than could be otherwise achieved through strict
application of this code. (Ord. 298, 8 -4 -2004)
13 -3 -2: UTILIZATION OF PUD: Planned Unit Development (PUD)
regulations may be allowed by the City Council to be applied and /or utilized for all
developments including the following: townhomes, single- and two - family homes
(both urban and rural), apartment projects, multiuse structures, commercial
developments, industrial developments, mixed residential and commercial
developments and similar projects. (Ord. 298, 8 -4 -2004)
13 -3 -3: PUD CONCEPT REVIEW: Any person or persons who may apply
for a PUD may request a concept review with respect to land which may be
subject to a PUD. The purpose of a PUD concept review is to afford such
persons an opportunity, without incurring substantial expense, to have the
general feasibility of a PUD proposal considered. PUD concept reviews shall
follow the sketch plan procedures provided in Section 11 -2 -1 of this code. (Ord.
298, 8 -4 -2004)
13 -3 -4: USES: Planned Unit Developments shall be required to conform to
the permitted and conditional uses set forth in Title 12 of this code pertaining to
the applicable zoning district. (Ord. 298, 8 -4 -2004)
13 -3 -5: DENSITY: The density of residential developments shall be
required to conform to the applicable land use district. (Ord. 298, 8 -4 -2004)
13 -3 -6: ZONING AND SUBDIVISION STANDARDS AND
REQUIREMENTS: All standards and provisions relating to an original zoning
district shall apply, unless otherwise approved as a part of the PUD. All
standards may be modified or waived provided the applicant demonstrates
harmony with the purpose of the PUD and the findings described in Section 13 -3-
9 of this chapter. (Ord. 298, 8 -4 -2004)
13 -3 -7: APPROVAL PROCESS: An applicant for a PUD shall submit in
the application all of the material required by this chapter. Each PUD requested
must adhere to the following process:
A. Permitted and conditional uses shall follow the Conditional Use Permit
procedures provided in Section 12 -14 -6 of this code to establish the
development standards for the PUD. These uses shall also complete the
commercial site plan process once the Planned Unit Development has
been approved. (Amd. 2/20/07, Ord. 341)
B. Applications involving the subdivision of land shall complete a
preliminary and final plat under the procedures provided in Title 11,
"Subdivision Regulations ", of this code. (Ord. 298, 8 -4 -2004)
13 -3 -8: FEES AND COSTS: Applications for a PUD shall be filed at the
office of the City Planner along with a nonrefundable application fee for the
approval process specified in Sections 13 -3 -3 and 13 -3 -7 of this chapter in the
amount established by the City Council to defray administrative costs. (Ord. 298,
8 -4 -2004)
13 -3 -9: FINDINGS REQUIRED: In order for a PUD to be approved, the City
shall find that the following are present:
A. The proposed development is not in conflict with the goals of the
Comprehensive Plan of the city.
B. The proposed development is designed in such a manner as to form a
desirable and unified environment within its own boundaries.
C. The proposed development demonstrates how each modified or
waived requirement contributes to achieving the purpose of a
PUD.
D. The PUD is of composition, and arrangement that its construction;
marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit. (Ord. 298, 8 -4 -2004)
13 -3 -10: REVISIONS AND AMENDMENTS: Administrative approval of
incidental changes in the PUD may be authorized by the City Planner upon
review and approval by ARC. Such administrative approvals shall not
substantially alter the character of the approved PUD and shall be limited to
landscaping (not including quantity reduction), color schemes (not including
materials), association documents, fencing, entrance monuments and decks.
Changes in uses or development/design standards must be submitted for a full
public hearing review process. (Amended Ord. 314, 10 -4 -2005)
13 -3 -11: DESIRABLE PUD DESIGN QUALITIES: The following design
qualities will be sought in any PUD:
A. Achieves efficiency in the provision of streets and utilities and preserves
area to achieve the elements of design qualities described in this chapter.
B. Provides convenient and safe access for vehicles and pedestrians and
all types of activity that are anticipated to be a part of the proposed
development.
C. Provides a buffer between different uses, adjacent properties, roadways,
between backyards of back -to -back lots.
D. Preserves existing stands of trees and /or significant trees.
E. Provides considerable landscaping treatments that complement the
overall design and contribute toward an overall landscaping theme.
F. Preserves significant usable space on individual lots or through the
provision of open space within the development.
G. Provides an attractive streetscape through the use of undulating
topography, landscaping, decorative street lighting, decorative mailbox
groupings, retaining walls, boulders, fencing, area identification signs,
etc.
H. The proposed structures within the development demonstrate quality
architectural design and the use of high quality building materials for
unique design and detailing.
The lasting quality of the development will be ensured by design,
maintenance and use guidelines established through an owners'
association. (Ord. 298, 8 -4 -2004)
13 -3 -12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The
developer must demonstrate that the amenities and qualities of the Planned Unit
Development are beneficial and in the public interest to allow the development to
be approved. A substantial amount of the design qualities identified in Section
13 -3 -11 of this chapter shall be found to be present in order to approve a PUD.
The amount of amenities and type of qualities that constitute an acceptable PUD
are at the sole discretion of the City Council to determine. (Ord. 298, 8 -4 -2004)
13:3 -13: REDEVELOPMENT PUDs: A property owner may apply for a
redevelopment PUD for their property, if the property meets the criteria outlined
in this section. Such redevelopment PUDs shall only be used for lot splits.
PUDs on all other subdivisions shall follow the normal PUD requirements laid out
in this chapter. All provisions of City Code chapter 13 -3 shall apply to
redevelopment PUDs except for section 13 -3 -11. A redevelopment PUD may be
permitted if the subject property meets the following standards:
A. The existing principal structure on the property is at least 30 years old, or
does not meet current building codes, or has a blighting effect on the
surrounding neighborhood, and will be removed as part of the
redevelopment of the property.
B. The houses built on the new lots would be similar in size and architectural
design to those in the surrounding neighborhood. Architectural plans must
be included in the application for a redevelopment PUD and approved by
the Council. (Amd. 2/20/07, Ord. 341)
E. Pktting:
1. All subkvisions that create five (5) or more lots or parcels that are two
and one -ha 1/2) acres or less in size shall be processed as a plat in
accordance with innesota Statutes Chapter 505. No permit for
construction of buil s or sewage treatment systems shall be issued for
lots created after these icial controls were enacted, unless the lot was
approved as part of a forma bdivision. (Ord. 108, 9 -20 -1994)
2. Shoreland Plats: All plats in shor'&rand areas shall be submitted to and
reviewed by the State Division of Water Soils and Minerals before final
action by the City. (Amended Ord. 8, 10 -21- 70)
F. Controlled Access Or Recreational Lots: Lots inten d as controlled
access to public waters or for recreation use areas for Dsk by nonriparian
lots within a subdivision must meet or exceed the sizing crt is in
/ Subsection 13 -4 -6A4 of this chapter. (Ord. 108, 9 -20 -1994)
F JCA.
13 -4.9: PLANNED UNIT DEVELOPMENTS (PUDS)':
Types Of PUDs Permissible: Planned Unit Developments (PUDs) are
allowed for new projects on undeveloped land, redevelopment of
previously built sites, or conversions of existing buildings and land. The
land use districts in which they are an allowable use are identified in the
land use district descriptions in Subsection 13 -4 -513 of this chapter and
per Title 12, Chapter 12 of this code.
B. Processing PUDs: Planned Unit Developments must be processed as a
conditional use. The expansion to an existing commercial PUD involving
six (6) or less new dwelling units or sites since the date this chapter was
adopted is permissible, provided an Amended Conditional Use Permit is
granted and the total project density does not exceed the allowable
densities calculated in the project density evaluation procedures in
Subsection E of this section. The provisions of Title 12, Chapter 12 and
Section 12 -15 -6 of this code shall apply. Approval cannot occur until the
Environmental Review Process (EAWIEIS) is complete.
C. Application For PUD: The applicant for a PUD must submit the
following documents (in addition to the requirements as specified in
Title 11 and Title 12, chapter 12 of this code) prior to final action being
taken on the application request:
1. A site plan and /or plat for the project shoving location of property
boundaries, surface water features, existing and proposed structures and
`See also chapter 3 of this title.
other facilities, land alteration, sewage treatment and water supply
systems (where public systems will not be provided), and topographic
contours at ten foot (10') intervals or less. When a PUD is a combined
commercial and residential development, the site plan /plat must indicate
and distinguish which buildings and portions of the project are residential,
commercial, or a combination of the two (2).
2. A property owner association agreement (for residential PUDs) with
mandatory membership, all in accordance with the requirements of
Subsection F of this section.
3. Deed restriction, covenants, permanent easement, or other instruments
that:
a. Properly address future vegetative and topographic alterations,
construction of additional buildings, beaching of watercraft, and
construction of commercial buildings in residential PUDs; and
b. Ensure the long -term preservation and maintenance of open
space in accordance with the criteria and analysis specified in
Subsection F of this section.
4. When necessary, a master plan /drawing describing the project and the
floor plan for all commercial structures to be occupied.
5. Those additional documents as requested by the Planning and Zoning
Commission and City Council that are necessary to explain how the PUD
will be designed and will function.
D. Site Suitable Area Evaluation: Proposed new or expansions to
existing Planned Unit Developments must be evaluated using the
following procedures and standards to determine the suitable area
for the dwelling unitldwelling site density evaluation in Subsection
E 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 at the following intervals, proceeding landward:
SHORELAND TIER DIMENSIONS
Unsewered Sewered
(Feet) (Feet)
General development lakes
First tier 200 200
Second and additional tiers 267 200
Recreational development lakes 267 267
Natural environment lakes 400 320
All river classes 300 300
2. 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.
E. Residential And Commercial PUD Density Evaluation: The procedures
for determining the base density of a PUD and density increase multipliers
are as follows: allowable densities may be transferred from any tier to any
other tier further from the water body, but must not be transferred to any
other tier closer.
1. Commercial PUD Base Density Evaluation: The suitable area within
each tier is divided by the single residential lot size standard for lakes or,
for rivers, the single residential lot width standard times the tier depth,
unless the City Council has specified an alternative minimum lot size for
rivers which shall then be used to yield a base density of dwelling units or
sites for each tier. Proposed location and numbers of dwelling units or
sites for the residential Planned Unit Developments are then compared
with the tier, density, and suitability analysis herein and the design criteria
in Subsection F of this section.
2. 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:
Severed
General
Development
Lakes:
First Tier On
Unsewered
General
Development
Second And
Additional Tiers
On Unsewered
General
Development
Lakes;
Recreational Natural
Development Environment
*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 Subsection E2c of
this section by the average inside living area size determined in
Subsection E2a of this section. 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 analysis herein and the design criteria in
Subsection F of this section.
3. Density Increase Multipliers:
a. Increases to the dwelling unit or dwelling site base densities
Lakes; Urban,
Lakes; Transition
Lakes And
'Average
Agricultural,
And Forested
Remote River
Unit Floor
Tributary River
River Segments
Segments
Area
Segments
(S q. Ft.
200
0.040
0.020
0.010
300
0.048
0.024
0.012
400
0.056
0.028
0.014
500
0.065
0.032
0.016
600
0.072
0.038
0.019
700
0.082
0.042
0.021
800
0.091
0.046
0.023
900
0.099
0.050
0.025
1,000
0.108
0.054
0.027
1,100
0.116
0.058
0.029
1,200
0.125
0.064
0.032
1,300
0.133
0.068
0.034
1,400
0.142
0.072
0.036
1,500
0.150
0.075
0.038
*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 Subsection E2c of
this section by the average inside living area size determined in
Subsection E2a of this section. 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 analysis herein and the design criteria in
Subsection F of this section.
3. Density Increase Multipliers:
a. Increases to the dwelling unit or dwelling site base densities
previously determined are allowable if the dimensional standards in
Section 13 -4 -6 of this chapter are met or exceeded and the design
criteria in Subsection F of this section are satisfied. The allowable
density increases in Subsection E3b of this section will only be
allowed if structure setbacks from the ordinary high water level are
increased to at least fifty percent (50 %) greater than the minimum
setback, or the impact on the water body is reduced an equivalent
amount through vegetative management, topography, or additional
means acceptable to the City Council, and the setback is at least
twenty five percent (25 %) greater than the minimum setback.
b. Allowable dwelling unit or dwelling site density increases of
residential or commercial Planned Unit Developments:
Density Evaluation Tiers
First
Second
Third
Fourth
Fifth
Maximum Density Increase
Within Each Tier (Percent)
50
100
F. Maintenance And Design Criteria:
200
200
200
1. Maintenance And Administration Requirements:
a. 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.
b. Deed restrictions, covenants, permanent easements, public
dedication and acceptance, or other equally effective and
permanent preservation and maintenance of open space are
required. The instruments must include all of the following
protections:
(1) Commercial uses prohibited (for residential PUDs);
(2) Vegetation and topographic alteration other than routine
maintenance prohibited;
(3) Construction of additional buildings or storage of vehicles
and other materials prohibited; and
(4) Uncontrolled beaching of watercraft prohibited.
c. 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:
(1) Membership must be mandatory for each dwelling unit or
site purchaser and any successive purchasers;
(2) Each member must pay a pro rata share of the
association's expenses, and unpaid assessments can
become liens on units or sites;
(3) Assessments must be adjustable to accommodate
changing conditions; and
(4) The association must be responsible for insurance,
taxes, and maintenance of all commonly owned property and
facilities.
2. Open Space Requirements: Planned Unit Developments must contain
open space meeting all of the following criteria:
a. At least fifty percent (50 %) of the total project area must be
preserved as open space;
b. 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;
c. Open space must include areas with physical characteristics
unsuitable for development in their natural state, and areas
containing significant historic sites or unplatted cemeteries;
d. 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;
e. Open space may include subsurface sewage treatment systems
if the use of the space is restricted to avoid adverse impacts on the
systems;
f. Open space must not include commercial facilities or uses, but
may contain water oriented accessory structures or facilities;
g. 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
h. The shore impact zone, based on normal structure setbacks,
must be included as open space. For residential PUDs, at least fifty
percent (50 %) of the shore impact zone area of existing
developments or at least seventy percent (70 %) of the shore impact
zone area of new developments must be preserved in its natural or
existing state. For commercial PUDs, at least fifty percent (50 %) of
the shore impact zone must be preserved in its natural state.
3. Erosion Control And Storm Water Management: Erosion control
and storm water management plans must be developed, and the
PUD must:
a. 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
impact 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
b. Be designed and constructed to effectively manage reasonable
expected quantities and qualities of storm water runoff. Impervious
surface coverage within any tier must not exceed twenty five
percent (25 %) of the tier area; except that for commercial PUDs,
thirty five percent (35 %) impervious surface coverage may be
allowed in the first tier of general development lakes with an
approved storm water management plan and consistency with
Subsection 13 -4 -6C of this chapter.
4. Centralization And Design Of Facilities: Centralization and
design of facilities and structures must be done according to the
following standards:
a. Planned Unit Developments must be connected to publicly
owned water supply and sewer systems, if available. On site water
supply and sewage treatment systems must be centralized and
designed and installed to meet or exceed applicable standards or
rules of the Minnesota Department of Health and Subsections 13-4 -
6B and H of this chapter. 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 for each sewage system;
b. 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
standard 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 Subsection E3 of
this section for developments with density increases;
c. 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 ground water 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:
d. 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 City Council, assuming summer,
leaf -on conditions. Vegetative and topographic screening must be
preserved, if existing, or may be required to be provided;
e. Accessory structures and facilities, except water oriented
accessory structures, must meet the required principal structure
setback and must be centralized; and
f. Water oriented accessory structures and facilities may be allowed
if they meet or exceed design standards contained in Subsection
13 -4 -613 of this chapter and are centralized.
G. Conversions: The City Council may allow existing resorts or other land
uses and facilities to be converted to residential Planned Unit
Developments if all of the followng standards are met:
1. Proposed Conversions: Proposed conversion 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.
2. Deficiencies: 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.
3. Shore And Bluff: 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; and
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. 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 Dwellings Or Sites: Existing dwelling unit or dwelling site
densities that exceed standards in Subsection 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,
installing new sewage treatment systems, or other means. (Ord. 108, 9-
20 -1994)
main, ano ait otner construction, aevices,
appliances, or appurtenances used for conducting
sewage or industrial waste or other wastes to a point
of ultimate disposal.
SHORE IMPACT ZONE: Land located between the ordinary high water level of
a public water, and a line parallel to it at a setback of
fifty percent (50 %) of the structure setback.
SHORELAND: Land located within the following distances from
public waters: one thousand feet (1,000') from the
ordinary high water level of a lake, pond, or flowage;
and three hundred feet (300') from a river or stream,
or the landward extent of a floodplain designated by
ordinance on a river or stream, whichever is greater.
The limits of shorelands may be reduced whenever
the waters involved are bounded by topographic
divides that extend landward from the waters for
lesser distances and when approved by the
Commissioner.
SIGNIFICANT HISTORIC Any archaeological site, standing structure, or other
SITE: property that meets the criteria for eligibility to the
National Register of Historic Places, or is listed in the
State Register of Historic Sites, or is determined to be
an unplatted cemetery that falls under the provisions
of Minnesota Statutes Section 307.08. A historic site
meets these criteria if it is presently listed on either
register or if it is determined to meet the qualifications
for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota
Historical Society. All unplatted cemeteries are
automatically considered to be significant historic
sites.
STEEP SLOPE: Land where agricultural activity or development is
either not recommended or described as poorly suited
due to slope steepness and the site's soil
characteristics, as mapped and described in available
county soil surveys or other technical reports, unless
appropriate design and construction techniques and
farming practices are used in accordance with the
provisions of this chapter. Where specific information
is not available, "steep slopes" are lands having
average slopes over twelve percent (12 %), as
measured over horizontal distances of fifty feet (50)
or more, that are not bluffs.
STRUCTURE: Any building or appurtenance, including decks,
except aerial or underground utility lines, such as
sewer, electric, telephone, telegraph, gas lines,
towers, poles, and other su000rtina facilitie.q