(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 Final PUD Plan and PUD Development Agreement will be binding on all owners.
(B) Comprehensive Plan consistency. The proposed PUD shall be consistent with the city’s Comprehensive Plan.
(C) Zoning. All PUDs must be rezoned to a PUD zoning district indicating the underlying zoning, such as R1-PUD. Some variations from the provisions of the underlying zoning district may be allowed including but not limited to setbacks, height, lot area, width and depth, and yards (in accordance with division (E) of this section). No variations will be allowed to landscaping, screening, architectural standards or off-street loading.
(D) Density. The maximum allowable density in a PUD shall be in compliance with the applicable provisions of the underlying zoning district as found in § 155.140, except as follows:
(1) R-1a District. The maximum residential density may be increased in increments of 0.25 dwelling units per acre for each additional 5% of land provided as park or open space, over and above the minimum open space and park land dedication requirements as found in § 155.091. The additional density shall be accomplished by proposing narrower lots, while maintaining lot size, side yard setbacks, garage size, and garage width requirements found elsewhere in this chapter.
(2) R-4 District. The maximum residential density may be increased in the R-4 District consistent with Comprehensive Plan in the Downtown and Town Center PUD areas.
(E) Setbacks.
(1) The front, side and rear yard requirements at the periphery of the Planned Unit Development site at minimum shall be the same as imposed in the respective districts.
(2) No building shall be located less than 15 feet from the back of the curb line, along those roadways that are part of an internal street pattern.
(3) No building within the project shall be nearer to another building than either one- half the sum of the building heights of the two buildings or the sum of the side yard setbacks, whichever is less.
(F) Roadways. Roadways may vary from the design standards contained in the subdivision ordinance (Chapter 154) for road widths, right-of-way, maximum grades, and cul-de-sac lengths upon recommendation by the City Engineer and approval of the City Council.
(G) Utilities. In any PUD, all utilities, including telephone, electricity, gas and tele-cable shall be installed underground.
(H) Landscaping. A Landscape Plan shall be provided and shall include a detailed planting list with sizes and species. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.
(I) Townhouse, quadraminium, cooperative and condominium apartments.
(1) No single townhouse structure shall contain more than eight dwelling units.
(2) Minimum unit lot frontage for townhouses shall be not less than 20 feet.
(3) Townhouses, quadraminiums, cooperatives and condominiums shall be subdivided on an individual unit basis according to the provisions of this chapter.
(J) Common open space. Common open space sufficient to meet the minimum requirements established in this chapter 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 as required by the City Council.
(K) Stating 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 or land escrow security 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.
(L) 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 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.
(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 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 such as specified by Laws 1963, Chapter 457, Section 11 and a set of floor plans such as specified by Laws 1963, Chapter 457, Section 13 shall be filed with the city. The filing with the city to be made prior to the filings of the declaration or document or floor plans with the recording officers of Wright County, Minnesota.
(b) The declarations 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 such properties to the terms of the declaration.
(c) 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.
(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 expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the city’s 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 shall be mandatory for each owner and the owner’s successor and assigns.
(f) The open space restrictions shall be permanent and not for a given period of years.
(g) The association shall be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.
(h) Property owners shall pay their pro rata 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 law.
(i) The association shall 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 shall be approved by the City Council prior to the approval of the final PUD plan.
(M) Benefit. The proposed PUD shall accomplish one or more of the purposes stated in § 155.465(B) and shall not be simply for the enhanced economic gain of the applicant. The determination as to whether applicant has demonstrated that the proposed PUD accomplishes one or more of the purposes stated in § 155.465(B) shall be solely that of the City Council.
(Ord. 110, passed 11-15-97; Am. Ord. 121, passed 2-23-99; Am. Ord. 2001, passed 7-14-20)