(A) Number of buildings per plat. More than one building may be placed on one platted or recorded lot in any PUD. Areas for single-family detached dwellings must comply with Chapter 154, Subdivision
Regulations in all respects not specifically noted in this subchapter as appropriate variances or waivers.
(B) Building type. A PUD which only involves one building or housing type, such as all detached or all attached units, shall not be considered as inconsistent with the stated purposes and objectives of this subchapter, and shall not be the sole basis for denial or approval.
(C) Considerations for review. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements, or to surrounding development, will be primary considerations in the review stages of the Planning Commission and City Council.
(D) Land being reviewed. No building permit shall be granted for any building on land for which a plan for a PUD is in the process of city review, or which does not conform to the approved final plan or for one phase of the final plan.
(E) Staging of development.
(1) Any PUD plan proposed to be construed in stages shall include full details relative thereto, and the City Council may approve or modify, where necessary, any such proposals.
(2) The staging shall include the time for beginning and completion of each stage. The timing may be modified by the City Council on the showing of good cause by the developer.
(3) The land owner or developer shall make any easements, convenants and other arrangements, and shall furnish any performance bond or bonds as may be determined by the City Council to be reasonably required to assure performance and completion of private streets and utilities, landscaping and privately-owned and maintained recreational facilities in accordance with the plan, and to protect the public interest in the event of abandonment of the plan before completion. The bond shall not be required to exceed 20% of the estimated development costs for each stage.
(F) Open space.
(1) A primary function of PUD provision is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the minimum intensity or density permitted. When evaluating individual proposals, the recognition of this objective will be a basic consideration when granting approval or denial, including but not limited to the following.
(a) The amount and location of common open space shall be consistent with the stated purpose and intent of this subchapter, and in no case shall be less than 15% of the total project area. The Planning Commission and City Council may determine that portions of this open space, not to exceed 5% of the total area site, will be dedicated to the city for general public recreation or open space purposes.
(b) All common open space shall be labeled as such and as to its intent or designed functions.
(2) In the event certain land areas or structures are provided within the Planned Unit Development 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. Common areas may be placed under the ownership of one of the following.
(a) Dedicated to public where a community-wide use would be anticipated.
(b) Landlord control.
(c) Homeowner’s Association, provided all of the following conditions are met.
1. The Homeowner’s Association must be established prior to any sale.
2. Membership must be mandatory for each owner, and any successive buyer.
3. The open space restrictions must be permanent, not for a given period of years.
4. The Association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities.
5. 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 the Minnesota Statutes.
6. The Association must be able to adjust the assessment to meet changed needs.
(G) Convenants, easements and restrictions. The final plan shall contain proposed covenants, easements and other provisions relating to the bulk, location and density of residential units, nonresidential uses and public facilities as are necessary for the welfare of the Planned Unit Development 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.
(H) Streets, utilities, services, and public facilities. The uniqueness of each proposal for a PUD requires that specifications and standards for streets, utilities and services shall be subject to minor modifications from the specifications and standards established in this chapter and other city ordinances governing their construction. The City Council may, therefor, waive or modify the specifications or standards where it is found that they are not required in the interests of the residents or of the entire city. The plans and profiles of all streets, utilities and services shall be reviewed and modified if necessary,
and approved by the appropriate city staff prior to the final approval of the PUD plan by the City Council. All PUD projects shall be served by public or community water and sewer systems. All utilities including electrical will be placed underground.
(Ord. 221, passed 11-6-1995) Penalty, see § 10.99