(A) Ownership. An application for PUD approval shall be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions shall be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved PUD shall be binding on all owners.
(B) Comprehensive Plan consistency. The proposed PUD shall be consistent with the City Comprehensive Plan.
(C) Public or common open space. Public or common open space at least sufficient to meet the minimum requirements established in this chapter and the 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.
(D) 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 the 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 Council:
(1) Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication;
(2) Landlord control, where only use by tenants is anticipated; and
(3) Property owners association, provided all of the following conditions are met.
(a) Declaration. Prior to the use or occupancy or sale or the execution of controls for sale of an individual building unit, parcel, tracts, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document as specified by the State Common Interest Ownership Act set out in M.S. Chapter 515B, as it may be amended from time to time, and a set of floor plans as specified by M.S. Chapter 515B, as it may be amended from time to time, shall be filed with the city. The filing with the city is to be made prior to the filings of the declaration or document or floor plans with the recording officers of the county.
(b) Specification. The declaration of covenants, conditions and restrictions or equivalent documents shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration.
(c) Formation of an owner's association or corporation. The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of the 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. The intent of this requirement is to protect the property values of the individual owner through establishing private control. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information:
1. The legal description of the common lands or facilities;
2. The restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions;
3. A mechanism for resolving disputes among the owners or association members;
4. A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums;
5. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership;
6. Membership must be mandatory for each owner and any successive buyer;
7. The open space restrictions must be permanent and not for a given period of years;
8. The association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it;
9. Property owners must pay their pro rated 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 state statutes; and
10. The bylaws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan.
(d) Assessments. 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 expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rated share of the expenses. The assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each assessment is made.
(e) Natural habitat. Open space may be deeded to an established land trust, a government agency or nonprofit organization. Management shall be the responsibility of the land trust or nonprofit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or nonprofit organization.
1. Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or nonprofit organization as provided in M.S. §§ 84.64 through 84.65, as they may be amended from time to time. Unless the document establishing the restrictions specifically provides to the contrary, the city shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the city prior to the execution and delivery thereof. Notwithstanding any provision of this chapter to the contrary, the city may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this chapter, waive the requirement that the area subject to the restrictions be platted as a separate outlot.
2. Stormwater drainage systems located within open spaces or the residential lots shall be covered by utility and drainage easements dedicated on the final plat to the city.
(f) Neighborhood recreational and trail corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the city. Management and maintenance of the public recreational areas shall be the responsibility of the city.
(E) Staging of public and common open space. When a PUD provides for common or public open space, the total area of common or public open space in any stage of development shall, at 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.
(F) Density. The maximum allowable density in a PUD shall be determined by reference to the Comprehensive Plan. Within that limit, the exact density allowable shall be determined by standards agreed upon between the applicant and the city. Whenever any PUD is to be developed in stages, no stage shall, when averaged with all previously completed stages, have a residential density that exceeds 100% of the proposed residential density of the entire PUD, unless this provision is explicitly modified in the planned unit development/developer's agreement approved by the City Council.
(G) Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable shall be installed underground within a joint trench, whenever possible.
(H) Utility connections.
(1) Water connections. Where more than one property is served from the same service line, a shut off valve must be located in a way that each unit's service may be shut off by the city, in addition to the normally supplied shut off at the street.
(2) Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 400 feet 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.
(I) Roadways. All public streets shall conform to the design standards contained in the city subdivision regulations, as may be amended.
(J) Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the City Council, 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 Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structure(s) and the overall scheme of the PUD plan. Common landscaped open space exclusive of natural habitat areas shall be irrigated.
(K) Development agreement. Prior to a rezoning or the issuance of a building permit as part of planned unit development, the permit, applicant, builder or developer shall execute and deliver to the City Council a development agreement. The agreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning or CUP approval. The agreement shall provide for the installation within one year of the off-site and on-site improvements (exclusive of building permit) as approved by the City Council, secured by a cash escrow or letter of credit in an amount and with surety and conditions satisfactory to the city, to insure the city that the improvements will be actually constructed and installed according to specifications and plans approved by the city as expressed in the agreement.
(L) Setbacks.
(1) The front and side yard restrictions of the periphery of the planned unit development site at a minimum shall be the same as imposed in the base zoning districts.
(2) No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street pattern.
(Prior Code, § 11-10-3) (Ord. 258, passed 5-4-2006)