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32 Revised 10/03/2019 Ordinance Language Commentary 10.3 Processing of PUDs. Planned unit developments in the shoreland district must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined elsewhere in the zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the requirements shall be applied. An expansion to an existing commercial PUD involving 6 or less new dwelling units or sites since the date this ordinance was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Section 10.5. Approval cannot occur until all applicable environmental reviews are complete. 10.4 Application for a PUD. The applicant for a PUD must submit the following documents prior to final action on the application request: 10.41 Site plan and/or plat showing: A. Locations of property boundaries; B. Surface water features; C. Existing and proposed structures and other facilities; D. Land alterations; E. Sewage treatment and water supply systems (where public systems will not be provided); F. Topographic contours at ten-foot intervals or less; and G. Identification of buildings and portions of the project that are residential, commercial, or a combination of the two (if project combines commercial and residential elements). 10.42 A property owner’s association agreement (for residential PUD’s) with mandatory membership, and consistent with Section 10.6 of this ordinance. 10.43 Deed restrictions, covenants, permanent easements or other instruments that: A. 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 Section 10.6 of this ordinance. 10.44 A master plan/site plan describing the project and showing floor plans for all commercial structures. 10.45 Additional documents necessary to explain how the PUD will be designed and will function. 10.5 Density Determination. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures. 10.3. Optional addition to ensure that a community’s “general PUD” ordinance isn’t used to undermine the shoreland standards in theses shoreland PUD provisions. If a community does not allow PUDs in shoreland, Section 10.0 should be omitted. However, PUDs must be listed in the land use tables in 4.23 and 4.24 as “N.” If the local government does not have DNR-approved shoreland PUD provisions in its ordinance but still allows PUDs in shoreland, Minnesota Rules, part 6120.3800, Subp. 1 gives the DNR authority to review PUDs in shoreland for compliance with state rules. In this case, the ordinance must have a provision that states “The DNR must approve all PUDs located in shorelands.” 10.5. Determining and evaluating proposed project density may be complex depending on the project. Please review the Residential PUD Guidance Document for determining density and/or contact your Area Hydrologist for assistance.