Aitkin City Zoning Code
URBAN RESIDENTIAL
PLANNED UNIT DEVELOPMENT PUD
§ 152.070 PURPOSE AND INTENT.
The purpose of this subchapter is to maximize the use of developable land with the provision of urban services, to protect and preserve the natural environment and to take full advantage of the existing urban infrastructure by promoting infill development. The city encourages and promotes the efficient use of land, flexibility in design and new development concepts. The design of these developments should provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use and reduce the impact of development on the natural environment and surrounding neighborhood.
(Ord. 332, passed 5-19-2008)
§ 152.071 GENERAL.
(A) Urban planned unit development (U-PUD). An urban planned unit development requires the assistance of professional planning and usually involves the approval of multiple agencies or other governmental bodies. Where circumstances are favorable, U-PUDs provide more latitude in land use than normal development in order to allow for planning, clustering facilities and consolidating green spaces and internal recreation amenities. While greater flexibility is allowed in these types of development than what is required in the underlying zoning district, they must be justified by the significant improvements and design features beneficial to the residents, neighbors and the general public. These benefits may include open space protection, provision of affordable or lifecycle housing, and re-development of blighted areas.
(B) Mixed use PUDs. Mixed uses may be allowed where appropriate; provided that, the use not normally allowed in the underlying zoning district does not exceed 15% of the building floor area.
(C) Zoning provision. Provisions of each zoning district shall govern within that district, except where addressed by this section.
(D) Density. A plan may provide for a greater number of dwelling units than would otherwise be permitted by the regulations otherwise applicable to the site; however, the applicant has the burden to show that the excess will not have an adverse effect on existing public facilities and on the reasonable enjoyment of neighboring property. Further the Planning Commission and City Council, in determining the reasonableness of the increase in the authorized dwelling units density, shall recognize that increased density may be compensated for additional measures that serve the public interest, which may be achieved by the inclusion of: the location, amount and proposed use of common open space; the location, design and type of dwelling units (energy efficiency, life-cycle housing, affordability); and the physical characteristics of the site.
(E) All PUDs in shoreland must comply with Minn. Rules, part 6120.3800. The DNR must review and approve all PUDs according to referenced rule.
(Ord. 332, passed 5-19-2008; Ord. 394, passed 8-5-2019)
§ 152.072 DESIGN CRITERIA.
All U-PUDs shall abide by the following design criteria.
(A) Minimum size. A U-PUD shall contain a minimum of three units or sites.
(B) Minimum development size. The development shall be placed on property consisting of one or more parcels that together meet the minimum lot size for the underlying zoning district, as a minimum.
(C) Urban services. All U-PUDs shall have access to, and shall be required to connect to, available urban service utilities for the provision of sewer and water. All proposed developments must be adjacent to existing infrastructure for urban services, or be within an area identified for urban service extension in the city’s Capital Improvement Plan within the next two years.
(D) Setbacks. Setbacks from the exterior boundary of the site shall be the same as those required in the underlying district. Side setback requirements shall be waived to allow flexibility in design, but the following shall apply.
(1) Individual buildings shall be separated by a minimum of ten feet.
(2) The Planning Commission may establish setbacks, as necessary, to buffer agriculture, forestry and water-use activities from residential uses.
(E) Parking. One and one-half spaces per unit are required as a minimum, unless modified by the conditional use permit, with evidence to support the modification.
(F) Storm water management.
(1) All PUDs must develop and maintain a storm water management plan indefinitely.
(2) Capacities of existing drainage ways shall be maintained and shall not be adversely impacted by the development.
(3) Unless specifically allowed by the city, inlets and outlets to adjacent parcels shall be maintained. Flows from outlets shall be maintained unless allowed by the city.
(4) All PUDs shall contain the ten-year, 24-hour storm event within the development.
(5) Runoff from the parcel shall not be concentrated unless part of a city storm water management plan.
(Ord. 332, passed 5-19-2008)
§ 152.073 DENSITY CALCULATIONS.
The overall density of the development shall not exceed the density limits established herein.
(A) (1) The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the final answer, after bonus point calculations, shall not apply towards the total density.
(2) Base density shall be determined by the density of the zoning district the proposed development is located within.
(B) All developments with a density of five units or greater shall be required to provide a minimum of 5% of the total lot area in open space that is not subject to bonus point calculations. Open space shall be optional for all developments of less than five units.
(C) The permitted base density may be increased by the percentage gained through bonus points.
(D) Density bonuses may be awarded based on, but not limited to, percentage of open space, amount of park dedication, building materials, sidewalks and trails, landscaping, screening, assisted living facilities, amenities, housing affordability, and other considerations that may be determined by the city.
(E) The specific density bonus shall be determined by the use of the city’s bonus calculator, adopted herein by reference, dated August 1, 2019, and any subsequent updates.
(Ord. 332, passed 5-19-2008; Ord. 395, passed 9-3-2019)
§ 152.074 PUD COMMON FACILITIES; OPERATION AND MAINTENANCE.
(A) In the event that certain land areas or structures are provided within the PUD for private recreational use or as service facilities, the owner of the land and buildings shall enter into an agreement with the city to assure the continued operation and maintenance to predetermined reasonable standards.
(B) Common areas may be placed under the ownership of one of the following:
(1) Dedicated to the public where a community-wide use would be anticipated;
(2) Landlord control; or
(3) Homeowner’s association; provided, all of the following conditions are met.
(a) The homeowner’s association must be established prior to any sale.
(b) Membership must be mandatory for each owner and any successive buyer.
(c) The open space restrictions must be permanent, not for a given period of years.
(d) The association must be responsible for liability insurance, local taxes and the maintenance of residential and other facilities.
(e) Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with state statutes.
(f) The association must be able to adjust the assessment to meet changed needs.
(Ord. 332, passed 5-19-2008)
§ 152.075 COVENANTS, EASEMENTS AND RESTRICTIONS.
The final plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of such residential units, non-residential uses and public facilities as are necessary for the welfare of the PUD and are consistent with the best interests of the entire city. All or any covenants, easements and other provisions which are part of the final plan, may be modified, enforced, removed or released as deemed necessary by the City Council for the preservation of the public health, safety, morals and general welfare of all city residents.
(Ord. 332, passed 5-19-2008)