Planned unit development (PUD) requires the assistance of professional planning and usually involves the approval of multiple agencies or other governmental bodies. Where circumstances are favorable, PUDs provide more latitude in land use than normal development to allow for planning, clustering facilities, consolidating green spaces, and internal recreation amenities. While densities higher than normal are often allowed, they must be justified by the preservation and consolidation of green space, increased screening and landscaping, increased recreational amenities, and other significant improvements and design features beneficial to the residents, neighbors, and the general public.

(Code 2000, § 154.080; Ord. of 10-8-1998)

Mixed use PUDs, where appropriate, may be allowed by the city provided the use not normally allowed in the zoning district does not exceed 45 percent of the building floor area.

(Code 2000, § 154.081; Ord. of 10-8-1998)

(a)

The applicant may submit a concept plan to the planning commission for their review at least five days prior to the meeting for the purpose of discussion, or may provide the complete application required in subsection (b) of this section.

(b)

Upon decision to proceed by the planning commission, the applicant shall submit the following:

(1)

A proposed concept plan of operation.

(2)

A proposed plat.

(3)

Two-foot contour interval topography.

(4)

Specimen tree locations.

(5)

Locations of structures on adjoining properties.

(6)

Proposed facilities:

a.

Buildings.

b.

Recreation facilities.

c.

Drives and parking.

d.

Grading limits.

e.

Drainage concept.

f.

Signage and lighting.

g.

Sewage disposal system concept.

h.

Water supply and fire protection concept.

i.

Plantings and landscaping.

j.

Floor plans and elevation views of proposed structures.

k.

Proposed timing and phasing.

l.

Proposed final security to be given to the city.

m.

Proposed development contract with the city.

n.

Wetlands and surface water features.

(c)

The planning commission shall review the above data and make a decision within the required time frame with findings of fact to explain the rationale for its decision.

(d)

Once the approval is received, the applicant shall then proceed within the time frame accepted under the preliminary proposal to provide final documents as required, including:

(1)

Financial security.

(2)

Development contract.

(3)

Final plat or CIC plat.

(4)

Final covenants and homeowners' association documents.

(5)

Final time schedule.

(6)

Final site plan which will control development with proposed grades and elevations.

(7)

Multifamily or commercial building plans by a licensed architect if three units or more or over 1,500 square feet, respectively.

(8)

Sewer and water plans by a licensed engineer.

(9)

A final grading plan, with erosion control.

(10)

A final landscaping/screening plat by a registered landscape architect or nursery.

(11)

Agency approval documents.

(12)

A title opinion.

(13)

A surveyors' plat check.

(e)

As-built plans shall be filed with the city on sewer and water systems within 60 days of completion.

(f)

The planning commission shall review the final documents, and, if complete in accordance with the preliminary approval, shall approve the application and recommend approval of the plat to the city council.

(Code 2000, § 154.090; Ord. of 10-8-1998)

The city must consider the following criteria in the examination of a parcel for suitability as a PUD. Findings associated with the PUD shall be incorporated into the conditional use permit findings.

(1)

The existing recreational use of the surface waters and likely increases in use associated with planned unit developments.

(2)

The physical and aesthetic impacts of increased density.

(3)

The suitability of lands for the planned unit development approach.

(4)

The level of current development in the area.

(5)

The amount and types of ownership of undeveloped lands.

(6)

The size of the parcel and amount, if any, of shoreline. A resort in existence at the effective date of the ordinance from which this chapter is derived, but undersized, shall also be considered for subdivision, but shall not be allowed to increase the number of units.

(Code 2000, § 154.082; Ord. of 10-8-1998)

(a)

All PUD developments shall be connected to the municipal sewer and water systems where possible and where it is not possible, a conforming central sewage disposal system shall be installed.

(b)

A winterized central water system shall be required.

(c)

Centralized waterfront facilities using not more than 30 percent of the shoreline shall be limited to one slip per unit in the first tier and in addition to any slips allowed under a controlled access lot.

(d)

A PUD parcel must directly abut on a public road maintained by the city. A private internal road would be acceptable in circumstances where a permanent homeowners' association is established.

(e)

Covenants and incorporating documents providing for a homeowners' association, if subdivided, shall be reviewed and approved by the city.

(f)

Vegetation removal in WC zones shall be limited to select cutting.

(g)

Maintenance of all facilities within the PUD shall be by the association unless the facility is dedicated to the public.

(h)

All storage areas shall be effectively screened from any adjoining property.

(i)

Park dedication shall be required for any PUD as required by the planning commission.

(j)

A screening and landscaping plan shall be reviewed and approved by the planning commission.

(Code 2000, § 154.083; Ord. of 10-8-1998)

(Code 2000. § 154.084; Ord. of 10-8-1998)

(a)

Shoreland dwelling unit or site density evaluation. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards:

(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

(2)

The suitable area for development within each tier is next calculated by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters. This area is 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.

(b)

Shoreland residential planned unit development density evaluation steps and design criteria. The density evaluation steps are the following, and the design criteria for residential planned unit developments are in section 109-115:

(1)

The suitable area within each tier is divided by the single residential lot size standard for lakes (see zoning district requirements), which shall then be used to yield a base density of dwelling units or sites for each tier.

(2)

The city may allow some dwelling unit or site density increases for residential planned unit developments above the densities determined in the evaluation if all dimensional standards for the zoning district are met or exceeded. Maximum density increases may only be allowed if all design criteria in subsection (c)(2) of this section are also met or exceeded. Increases in dwelling unit or site densities must not exceed the maximums in the following table. Allowable densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer.

Maximum Allowable Dwelling Unit or Site Density Increases for Residential Planned Unit Developments

(c)

Commercial planned unit development density evaluation steps and design criteria. The density evaluation steps are contained here and the design criteria for commercial planned unit developments are contained in section 109-115.

(1)

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.

(2)

Select the appropriate floor area ratio from the following table:

COMMERCIAL PLANNED UNIT DEVELOPMENT FLOOR AREA RATIOS*

*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 campsites, use 400 square feet.

(3)

Multiply the useable 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.

(4)

Divide the area computed in subsection (c)(3) of this section by the average determined in subsection (c)(1) of this section. This yields a base number of dwelling units or sites for each tier. Each campsite counts as a dwelling site.

(5)

Determine whether the project is eligible for any additional density increases. To be eligible, projects must meet all of the design standards in section 109-115 and exceed one or more of them. The city shall decide how much, if any, increase in density to allow for each tier, but must not exceed the maximum allowable density increases listed in the following table:

Maximum Allowable Dwelling Unit or Site Density Increases for Commercial Planned Unit Developments

(6)

Allowable densities may be transferred from any tier to any other tier further from the shoreland lake or river, but must not be transferred to any other tier closer.

(Code 2000, § 154.085; Ord. of 10-8-1998)

The design criteria are:

(1)

Number of dwelling units. All residential planned unit developments must contain at least three dwelling units or sites.

(2)

Green space. Residential and commercial PUDs must contain green space meeting all of the following criteria:

a.

At least 50 percent of the total project area must be preserved as green space, and be owned by the homeowners' association, including adequate space dedicated to the residents to compensate for smaller lots, and to provide adequate recreational opportunities.

b.

Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures are developed areas and should not be included in the computation of minimum green space.

c.

Green space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.

d.

Green space may include outdoor recreational facilities for use by owners of the dwelling units or sites, or the public, and shall include adequate space for recreational opportunities.

e.

The shore impact zone, based on normal structure setbacks, must be included as green space. At least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in their natural or existing state.

f.

Green space must not include commercial facilities or uses, but may contain water-oriented facilities and private golf courses, trails, tennis facilities, and similar uses.

g.

The appearance of green 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.

h.

Green space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.

(3)

Centralization and design. Centralization and design of facilities and structures must be done according to the following standards:

a.

Residential and commercial 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 the Minnesota Pollution Control Agency. 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 standards 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 for developments with density increases. Maximum density increases may only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent 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 local unit of government and the setback is at least 25 percent greater than the minimum.

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 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 with additional allowance for any controlled access lot not used for density purposes. Launching ramp facilities, including a small dock for loading and unloading boats and 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 planning commission, assuming summer, leaf-on conditions.

(4)

Erosion control and stormwater management. Erosion control and stormwater management for planned unit developments must meet the following standards:

a.

PUDs must be designed, and their 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 impacts 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.

b.

PUDs must be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff.

c.

Total impervious coverage for shoreland planned unit developments may not exceed 35 percent in Tier #1 and 25 percent in any subsequent tier.

(Code 2000, § 154.086; Ord. of 10-8-1998)

Prior to final approval of any residential planned unit developments, the city will require adequate provisions developed for preservation and maintenance in perpetuity of green spaces and for the continued existence and functioning of the development as a community.

(1)

Green space preservation. Ownership by the homeowners' association and 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 green space. The instruments must include all of the following protections:

a.

Vegetation and topographic alterations other than routine maintenance prohibited;

b.

Construction of additional buildings or storage of vehicles and other materials prohibited; and

c.

Uncontrolled beaching prohibited.

(2)

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.

d.

The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

e.

Changes to the association documents must receive prior approval from the city.

(Code 2000, § 154.087; Ord. of 10-8-1998)

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:

(1)

Proposed conversions shall be initially evaluated using the same procedures and standards presented in this part for developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.

(2)

Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, green 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 impact zone deficiencies shall 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;

c.

If existing dwelling units are located in shore or bluff impact 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.

Existing dwelling unit or dwelling site densities that exceed standards in this part may be allowed to continue but shall not be allowed to be increased, either at the time of conversion or in the future. Efforts shall 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;

e.

The planning commission has authority to determine placement of structures within the tiers, setbacks, and extent of necessary mitigating amenities;

f.

A WC parcel converting to residential usage with no more than three leases per year per unit shall be rezoned to LDR concurrently with a PUD/conditional use permit approval; and

g.

A WC parcel subdividing for interval ownership or sale and lease back program must be a minimum of five acres in size with 400 feet of lake frontage, shall remain WC, and shall be considered under section 109-114(c), commercial PUD.

(Code 2000, § 154.088; Ord. of 10-8-1998)

The city desires to encourage the development of residential planned unit developments in non-shoreland areas. The following standards shall apply:

(1)

A non-shoreland residential planned unit development shall be considered as a conditional use permit and all applicable information shall be submitted as outlined in section 109-273.

(2)

Base densities shall be determined by the underlying zoning district (non-riparian residential lot sizes).

(3)

Density increases for non-shoreland planned unit developments shall be allowed if all of the following design standards are met or exceeded:

a.

Impervious coverage shall not exceed 35 percent for the total project area.

b.

A minimum of 35 percent of the project area is dedicated to permanent open space. Open space should include all areas not suitable for development, including bluffs, steep slopes, and wetlands.

c.

All owners shall maintain ownership in common lands within the PUD, unless common land is dedicated to the public.

d.

Stormwater is managed according to the applicable standards within this chapter.

(4)

Density increases shall not exceed the following:

(5)

Design criteria shall be the same as above for residential PUDs and for commercial PUDs, and as determined in the conditional use permit.

(Code 2000, § 154.089; Ord. of 10-8-1998)

(a)

Definitions:

Tiny house: A house that is typically 150 to 599 square feet. A tiny house on wheels is considered a recreational vehicle and a tiny house on a foundation is considered an accessory dwelling unit (ADU).

Tiny house subdivision: A subdivision of land which promotes the development of tiny houses 150 to 599 as a primary residential dwelling unit.

(b)

Tiny house subdivision standards.

(1)

Tiny house subdivisions will consist of individual dwelling structures 150 to 599 square feet. The purpose of small lot subdivision is to encourage affordable housing, infill development and sustainable practices. All PUD and subdivision standards shall apply to tiny home subdivisions. Additional standards are required as follows:

a.

Tiny house subdivisions may only be approved with the review and approval of a Planned Unit Development (PUD) Conditional Use Process.

b.

Tiny house subdivisions can occur in rural residential, traditional residential, low density residential and multi-family residential zoning districts.

c.

The density of a tiny house subdivision will be no more than one and one-half times the underlying zoning.

d.

Small lot subdivisions are not condominiums, multi-family, mobile homes or recreational vehicles. Properties are titled in fee simple.

e.

Small lot homes must be structurally independent, with no shared foundations or common walls.

f.

Lot size will be relative to accommodate the square footage of the tiny home; minimum lot size to accommodate a 501—599 square foot house is 1,200 square foot lot. Minimum lot size to accommodate a 150-500 square foot house is 1000 square foot lot.

g.

Side setbacks will be five feet and rear setbacks are ten feet

h.

Fifty percent open space is required.

i.

Parking density; two on-site parking spaces per lot.

j.

Tiny house required to connect to City of Walker Water and Sewer service lines.

k.

Tiny house subdivisions must require the formation of a homeowners association.

l.

These are private residential homes; not seasonal and not intended for commercial use.

m.

Tiny houses must be built to Minnesota Building Code.

(Ord. No. 2019-06, § 1, 2-3-20)