A. Ownership: An application for PUD must be filed by the landowner, or jointly by all landowners, of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved final plan shall be binding on all owners.
B. Comprehensive Plan Consistency: The proposed PUD shall be consistent with the city comprehensive plan.
C. Sanitary Sewer Plan Consistency: The proposed PUD shall be consistent with the city comprehensive sewer plan.
D. Compatibility: The proposed PUD shall be compatible with the adjacent land uses.
E. Common Open Space: Common open space at least sufficient to meet the minimum requirements established in the comprehensive plan and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD development.
F. Operating And Maintenance Requirements For PUD Common Open Space/Facilities: Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the city:
1. Dedicated to the public, where a communitywide use is anticipated and the council agrees to accept the dedication.
2. Landlord control, where only use by tenants is anticipated.
3. Property owners' association, provided all of the following conditions are met:
a. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, or common area, a declaration of covenants, conditions and restrictions or an equivalent document and a set of floor plans such as specified by Minnesota statutes sections 515A.2-105 through 515A.2-107, shall be filed with the city, said filing with the city to be made prior to the filings of said declaration or document or floor plans with the recording officers of Wright County, Minnesota.
b. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject said properties to the terms of said declaration.
c. The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners' proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control.
d. The declaration shall additionally, among other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due, and in the event the city incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its prorated share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made.
e. Membership must be mandatory for each owner and any successive buyer.
f. The open space restrictions must be permanent and not for a given period of years.
g. The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.
h. Property owners must pay prorated share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with Minnesota statutes.
i. The association must be able to adjust the assessment to meet changed needs.
j. The bylaws and rules of the association and all covenants and restrictions to be recorded must be approved by the council prior to the approval of the final PUD plan.
G. Staging Of Public And Common Open Space: When a PUD provides for common or public open space and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.
H. Density: The maximum allowable density in a PUD zoning district shall be determined by standards negotiated and agreed upon between the applicant and the city. In all cases, the negotiated standards shall be consistent with the development policies as contained in the comprehensive plan. Whenever a PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds one hundred percent (100%) of the proposed residential density of the entire planned unit development unless this provision is explicitly modified in the planned unit development/developer's agreement approved by the city council.
I. Utilities: In any PUD, all utilities, including telephone, electricity, gas and telecable, shall be installed underground.
J. Utility Connections:
1. Water Connections: Where more than one property is served from the same service line, individual unit shutoff valves shall be provided as required by the city.
2. Sewer Connections: Where more than one unit is served by a sanitary sewer lateral which exceeds three hundred feet (300') in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners' association or owner.
K. Roadways: All streets shall conform to the design standards contained in the subdivision regulations of the city code 1 , unless otherwise approved by the city.
L. Landscaping: In any PUD, landscaping shall be provided according to a plan approved by the city, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the city shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.
M. Urban/Rural Servicing Requirements: All development will be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop at such time as services and facilities are available. Lands which have the necessary available municipal facilities and services will be granted approval in accordance with existing city code provisions and development techniques. Lands which lack the available public facilities and services may be granted approval for development; provided, that all applicable provisions of this ordinance, the city code, and state regulations are complied with.
N. Setbacks:
1. A PUD zoning district shall, at a minimum, have a thirty five foot (35') front yard setback and ten foot (10') side yard setback. As appropriate, the city council may modify these standards.
2. No building shall be located less than fifteen feet (15') from the back of the curb line along those roadways which are part of the internal street pattern.
3. No building within the project shall be nearer to another building less than one-half (1/2) the sum of the building heights of the two (2) buildings. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-17, 11-17-1997; Ord. 2007-12, 10-1-2007)
Notes
| 1 | 1. See section 11-7-6 of the city code. |