HomeMy WebLinkAboutOrdinance 502.09 PUD - Planned Unit Development District
ORDINANCE 502 – ZONING ORDINANCE
Section 502.09: PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
Subd. 1: Purpose and Intent. The purpose of this section is to provide for the
modification of certain regulations when it can be demonstrated that such modification would
result in a development, which would not increase the density and intensity of land use beyond
that which would be allowed if no regulations were modified; would preserve or create features
or facilities of benefit to the community such as, but not limited to open space or active
recreational facilities, which features or facilities would not have been provided if no regulations
were modified, would be compatible with surrounding development, and would conform to the
goals and policies of the Comprehensive Plan. Throughout this title, “PUD” shall mean the same
as “planned unit development”.
Subd. 2: Benefit to the Public Intended. PUD’s are intended to encourage the efficient
use of land and resources, to promote greater efficiency in public utility services and encourage
innovation in the planning and building of all types of development. Planned unit developments
shall demonstrate at least one of the following benefits to the public. The applicant bears the
burden of proving one or more public benefits exist:
a) Innovations in residential development that:
1. Proactively and tangibly address the demand for housing for all economic
levels;
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics such as natural topographic and geologic features.
c) A variety of housing types/densities together with preservation of open
space/natural features within one development.
d) The creation of active and/or passive recreational opportunities and/or facilities
that would not have been provided if no regulations were modified.
Subd. 3: Types of Planned Unit Developments – Where Permitted.
a) Two types of planned unit developments are hereby established subject to the use
regulations of the zone in which the PUD is proposed to be located and provided
to the standard of subsection B (immediately following) are achieved:
1. Single-family PUD’s, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
common open space, recreational facilities or other areas or facilities.
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2. Non-single-family PUD’s, comprised of (a) attached dwelling units,
detached dwelling units not on individual lots, retail, commercial,
recreational, office, service or industrial buildings, or any combination
thereof, the necessary streets and other public and/or private rights-of-way
to serve such uses, and any appurtenant common open space, recreational
facilities or other areas or facilities.
3. A PUD may comprise both of the above types, subject to compliance with
the use regulations of the zone in which the PUD is proposed to be
located.
b) Planned unit developments may be located in any zone subject to use regulations;
provided, that:
1. Uses permitted in the PUD shall be governed by the use regulations of the
underlying zoning classification or other generally applicable city
regulations governing permitted uses, including special district
regulations; and,
2. A Planned Unit Development for any parcel or track of land shall have a
minimum net site area for each zoning district as set forth below excluding
areas not suitable to development:
A. Residential Districts – Twenty (20) acres minimum
B. B-1 Central Business District - Mixed use of a Permitted Use and a
multiple residential dwelling units will be allowed, but only if
100% of the street level square footage is used full time for a
Permitted Use, and said permitted and residential uses are not
conflicting. The maximum building height shall not exceed the
standard contained in the applicable underlying zoning
classification. The minimum lot area shall be 12,000 square feet.
The lot width at the building setback line shall be at least 180
lineal feet and a minimum of 80 lineal feet of the lot shall abut a
public street. Off-street parking requirements shall be separately
determined for the commercial and residential uses in accordance
with Section 502.10.
C. B-2 Highway 75 Business District and B-3 General Business
District – five (5) acres minimum.
D. LI – Light Industrial District – twenty (20) acres minimum
3. The design of a PUD shall take into account the relationship of the site to
the surrounding areas. The perimeter of the PUD shall be so designed as to
minimize undesirable impact of the PUD on adjacent properties and,
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conversely, to minimize undesirable impact of adjacent land use and
development characteristics on the PUD.
4. Common open space shall be either held in common ownership by all
owners in the PUD or dedicated for public use with approval of the City
Council. Whenever possible, common open space shall be linked to the
open space areas of adjoining developments. Common open space shall be
of such size, shape, character, and locations as to be useable for its
proposed purpose.
5. In agricultural areas or on land that does not have building development,
PUD’s will not be allowed if there has been removal of trees or grading of
soil within ten (10) years prior to the application for the PUD.
Subd. 4: General Requirements/Permitted Modifications.
a) In General. In considering a proposed planned unit development project, the
approval thereof may involve modifications in the regulations, requirements and
the standards of the zone in which the project is located, and in the subdivision
ordinance. In modifying such regulations, requirements and standards as they may
apply to a planned unit development project the standard identified within this
subsection and the limitations set forth in this subsections B and C (immediately
following) shall apply. In order to be granted any such modifications, the
applicant shall demonstrate that the proposed development complies with the
purpose of this section. The applicant shall bear the burden of supporting any
change in requirements. The city may increase any requirement necessary to make
the project conform to the purposes of this section.
1. Allowed Uses. Uses within the PUD may include only the uses generally
considered associated with the general land use category shown for the
area on the official Comprehensive Plan Land Use Plan. Specific allowed
uses and performance standards for each PUD shall be delineated in the
rezoning ordinance (if required), the development plan and the
development agreement. The PUD development plan and agreement shall
identify all the proposed land uses and those uses shall become permitted
uses with the acceptance of the development plan and agreement. Any
change in the list of uses presented in the development plan and agreement
will be considered a major amendment to the PUD and will follow the
procedure described herein relative to major PUD amendments.
2. Front Yard Setbacks. The requirements for minimum front yard setbacks
for the zone in which the planned unit development is located shall apply
to all exterior boundary lines of the site.
3. Distance Between Buildings. The planning commission shall set minimum
distances between structures to assure adequate sunlight and open space;
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provided, that minimum distances required by building and fire codes
shall be met.
4. Buildings shall be designed to prevent the appearance of straight,
unbroken lines in their horizontal and vertical surfaces. No residential
building shall have a single exterior wall longer than forty (40) feet
without an offset in the exterior wall. Offsets between walls shall be at
least thirty-two (32) inches and shall not exceed ten (10) feet.
5. Building height and corresponding setback requirements shall be governed
by the requirements of the underlying zone district classification as set
forth therewith.
6. All permitted, permitted accessory and/or conditional uses contained in the
underlying zoning district shall be treated as permitted, permitted
accessory and conditional uses in PUD overlay district. Uses not listed as
permitted or conditional in a specific district shall not be allowed in a
PUD unless it is found that the use is complimentary to the functionality
of the development and the other uses found therein
7. An increase in density may be permitted to encourage the preservation of
natural topography and geological features. The minimum lot size
requirements of other sections of this ordinance do not apply to a PUD
except that the minimum lot size requirements of the underlying zone shall
determine the maximum dwelling unit density of a total development. The
maximum dwelling unit density shall be determined by the area remaining
after appropriate space for street right of way, other public dedications,
such as but not limited to storm water detention ponds, trails and
parklands have been determined and subtracted from the total PUD area.
Excluded from the calculation of developable property shall be areas
which would normally not be developable, such as waterways or water
bodies, shorelands, flood plains, and the like in addition to areas required
for streets, parks, pedestrian facilities, storm water controls and placement
of public utilities. Wetlands can be utilized to determine the area of
developable land. The maximum density for multiple dwellings under the
PUD shall be one bedroom unit for each 2,500 square feet of lot area, one
two bedroom unit for each 3,000 square feet of lot area, and one three
bedroom unit for each 3,500 square feet of lot area and for each additional
bedroom (over 3) per unit, an additional 500 square feet of lot area. If the
property involved in the PUD includes land in more than one zoning
district, the number of dwelling units or the square footage of commercial,
residential or industrial uses in the PUD shall be proportional to the
amount that would be allowed separately on the parcels located in each of
the underlying zoning districts.
8. Off-street parking and loading space shall be provided in each PUD in the
same ratios for types of buildings and uses as required in the underlying
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zoning district. The City may reduce the number of parking spaces in
commercial districts provided the PUD applicants submit information
demonstrating a reduced need for parking facilities (e.g. senior housing
complex, PUD’s featuring joint parking facilities, parking study,
proximity to and availability of bus service coupled with transit-friendly
design, etc). The reduction in off-street parking and loading space must be
pursuant to a special use permit with conditions set by the City Council.
9. The major internal streets serving each planned unit development shall be
functionally connected to at least one minor arterial or collector street as
defined by the comprehensive plan.
b) In Single-Family PUDs. Single-family PUDs shall be subject to the
following limitations in modification of regulations in addition to
those limitations set forth in subsection a (above, entitled
“permitted modifications of regulations, in general”)
1. The minimum lot size as required in underlying zoning
classification may be reduced by up to 15 percent;
provided, that an area(s), not including a critical area or
storm water conveyance or storage facility, equal to the
combined reduction in lot area is set aside for the
following:
A. Common useable open space comprising of
landscaping and facilities such as, but not limited to
play areas, trails, picnic tables and benches;
B. Areas containing significant trees as defined by the
City;
C. Other non-critical areas, the preservation or creation
of which promote one or more goals and or goals
and/or policies of the comprehensive plan;
D. The applicant shall demonstrate that the area
proposed to be set aside creates a public benefit
which would not exist if the minimum lot size were
not modified.
2. The minimum lot width as required within the underlying
zoning classification may be reduced up to 10 percent;
3. Required yard setbacks shall not be reduced.
c) Non-single-family PUDs. Non-single-family PUDs shall be subject
to the following limitations in modification of regulations in
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addition to those limitations set forth within the underlying zoning
classification.
1. When a PUD containing dwelling units is proposed on
property having more than one underlying residential zone,
the total number of dwelling units allowed may be
determined by totaling the number of dwelling units
allowed to be located on each portion of the PUD area
located in a separate zone according to the regulations of
that zone.
2. The City, at its discretion, may allow the number of units
arrived at under subsection c-1 (immediately above) be
located anywhere within the planned unit development
subject to the PUD approval process set forth in this
chapter and provided that the City make a finding of fact
that a public benefit resulting from such action is present.
Subd. 5: Subdivision Requirements. The approval of a subdivision shall be required of
all projects which involve or contemplate the subdivision of land and the procedures set forth in
the subdivision ordinance shall be followed concurrently herewith. The approved final
development plan shall be a binding site plan.
Subd. 6: Pre-Application/Informational Meeting and Concept Plan Required.
a) Informational Meeting. Prior to filing an application for Preliminary PUD plan
approval, the applicant of the proposed PUD shall arrange for and attend an
informational meeting with City staff. At such conference, the applicant shall be
prepared to generally describe their proposal for a PUD. The primary purpose of
the meeting shall be to provide the applicant with an opportunity to gather
information and obtain guidance as to the general suitability of the conformity to
the provisions of this code before incurring substantial expense in the preparation
of detailed plans, surveys, and other data.
b) Following a pre-application/informal meeting, but prior to submitting an
application for preliminary plan approval, the applicant for a proposed PUD shall
submit to the City a general concept plan.
1. Purpose. The general concept plan provides an opportunity for the
applicant to submit a plan to the City showing their basic intent and the
general nature of the entire development without incurring substantial
cost. This concept plan is not considered an application for development.
Review and acceptance of the concept plan by City staff does not
constitute approval of the plan by the City. Review and acceptance of the
concept plan merely allows the applicant to initiate the development
process after an application has been submitted to the City. The concept
plan is simply an informal method of providing information to the
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developer as to whether the plan is generally acceptable or whether the
plan has problem areas.
The general concept plan should include the following elements:
A. Overall maximum PUD density range.
B. General location of major streets and pedestrian walkways.
C. General location and extent of public and/or common open
space.
D. General location of residential and non-residential land
uses with approximate intensities of development.
E. Staging and timetable of development.
F. Other special criteria for development.
Subd. 7: Preliminary and Final Plan Approval Required.
a) Each PUD shall require preliminary and final approval.
b) If land subdivision is requested in conjunction with the PUD plan, both
preliminary and final PUD approvals shall be processed concurrently with the
platting procedures set forth in the City’s Subdivision Ordinance. Required data,
parkland/fee in lieu of parkland dedication, design standards and required
improvements shall be the same as per a conventional subdivision and as set forth
within the City’s Subdivision Ordinance. In addition to the data requirements
itemized within the Subdivision Ordinance the application shall also include
information necessary to process the PUD preliminary and final plan(s) as
contained within this chapter. The City Administrator may waive requirements
determined to be redundant.
Subd. 8: Phased Development. Development of the project may be phased, in which case
each complete phase may be processed separately through both preliminary development plan
review and final development plan review. A map showing all property owned or controlled by
the developer which is contiguous to the development site or which is within the area determined
by the City to be relevant for comprehensive planning and environmental assessment purposes,
together with a preliminary plat of said properties’ eventual development through all potential
phases shall be submitted with the application for the first phase. The developer is not
responsible for providing a preliminary plat for contiguous or nearby property which is not
owned or controlled by the developer. The preliminary plat shall conform to the purposes of this
section and shall be used by the City to review all phases of the development. All phases of this
development shall conform to the preliminary plat, all conditions of approval and applicable
regulations.
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Subd. 9: Preliminary PUDs – Contents of Complete Application.
a) The applicant shall file with the City a preliminary plat plan which is consistent
with the requirements of the City’s Subdivision Ordinance 504. The preliminary
plat plan shall include the following:
1. A legal description of the property proposed to be developed;
2. A map of the subject property and surrounding area determined by the
City to be relevant for comprehensive planning, environmental assessment
or zoning review purposes, which shall depict comprehensive plan
designations, zoning classifications and existing land uses and utility
mains/urban facilities including parks and streets;
3. A proposed site plan for the subject property depicting the following:
A. Identify all setbacks for lots and other areas of the development.
B. Identify boundaries of areas of trees. Also identify areas where
there are trees eight inches in trunk diameter measured four feet
above the base of the trunk;
C. Designated placement, location, and principal dimensions of lots,
buildings, streets, parking areas, recreation areas and other open
space, landscaping areas and utilities;
D. If the developer owns or otherwise controls property adjacent to
the proposed development, a conceptual plan for such property
demonstrating that it can be developed in a compatible manner
with the proposed development;
E. Park and trail plan pursuant to Ordinance 504.18.
4. A conceptual landscape plan showing existing and proposed landscaping
including groundcover, shrubbery and tree species;
5. Drawing and/or text showing scale, bulk and architectural character of
proposed structures;
6. For single-family PUDs, a conceptual drawing depicting the number and
location of lots which would be allowed if no regulations were modified;
7. Special features including but not limited to critical areas and site or
structures of historic significance;
8. Text describing conditions or features which cannot be adequately
displayed on maps or drawings;
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9. A narrative stating how the proposed development complies with the goals
and policies of the Comprehensive Plan;
10. A narrative itemizing all proposed land uses (permitted, conditional,
interim, accessory) conditions related thereto (proposed and as required
within the underlying zoning classification) and the extent of proposed
uses (i.e. number of units; density allowed via underlying zoning
classifications and density proposed for the PUD;
11. A narrative stating how the proposed PUD plan impacts adjacent property
owners;
12. A narrative describing proposed operation/maintenance of the
development including open areas, storm water features and recreational
facilities resulting from the subdivision;
13. If applicable, draft conditions, covenants and restrictions and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities;
14. Information normally required within the underlying zoning classification
relating to site plan review.
15. Other information required by the City and the Subdivision Ordinance,
Ordinance 504.
b) The applicant may submit to the City Administrator director proposed
development standards, which, if approved by the City, shall be come a part of the
preliminary plan in lieu of the requirement of subsection a-2 of this section for
specifying placement, location and principal dimensions of buildings, streets, and
parking areas. This alternative process is intended to accommodate the need for
flexibility in large-scale non-single-family developments, while insuring that
sufficient information as to the nature of the development is available upon which
to base a decision concerning the preliminary development plan. Proposed
development standards shall specifically set forth parameters for location,
dimensions and design of buildings, streets and parking areas.
Subd 10: Preliminary PUDs – Criteria for Approval.
a) Preliminary PUD approval shall be granted by the City only if the applicant
demonstrates that:
1. The proposed project shall not be detrimental to present and potential
surrounding land use.
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2. Land surrounding the proposed development can be planned in
coordination with the proposed development and can be developed so as
to be mutually compatible.
3. Streets and sidewalks, existing and proposed, are suitable and adequate to
carry anticipated traffic within the proposed project and an in the vicinity
of the proposed project, in light of the criteria set forth in the Subdivision
Ordinance and the comprehensive plan.
4. Services including portable water, sanitary sewer and storm drainage are
available or can be provided by the development prior to occupancy.
5. Each phase of the proposed development, as it is planned to be completed,
contains the required parking spaces, recreation spaces, landscape and
utility areas necessary for creating and sustaining a desirable and stable
environment.
6. The project conforms to the purposes and standards prescribed in this
chapter.
7. The project conforms to the Comprehensive Plan.
b) Conformance with the design standards and required improvements as set forth
within the Subdivision Ordinance.
Subd. 11: Preliminary PUDs – Minor and Major Changes to an Approved Preliminary
PUD.
a) A proposed minor change to an approved PUD require a public hearing and shall
be incorporated into the application for final PUD approval, and any notification
regarding such final PUD approval shall describe the proposed minor change(s).
A “minor change” means any departure from the conditions of preliminary
approval which is not a “major change” and includes but is not limited to the
following:
1. Revisions to a number of dwelling units in a structure;
2. Revisions to number of non-residential structures;
3. Revisions to heights of structures;
4. Revisions to location of internal roads;
5. Revisions similar in nature to those above as determined by the City.
b) A proposed major change to an approved preliminary PUD shall require
reapplication for preliminary PUD approval and any notification regarding such
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preliminary PUD approval shall describe the proposed major change or changes.
A major change is any departure from the conditions of the preliminary PUD
approval which would result in any of the following:
1. Revisions to the approved design concept;
2. Revisions to the approved use(s);
3. An increase in the number of residential dwelling units;
4. An increase in square footage of non-residential structures;
5. A decrease in the amount of landscaping, site perimeter buffering, and
open space; and
6. An increase in traffic volumes or change in circulation patterns which
impacts surrounding development.
Subd. 12: Final PUDs – Contents of Complete Application. Within 12 months following
the approval of the preliminary PUD, the applicant shall file with the City a final PUD
conforming to the approved preliminary PUD. The final PUD shall include all the requirements
under the Subdivision Ordinance, Ordinance 504, and the following information:
1. A survey of the property, showing for all areas to be developed or
disturbed existing features, including an identification of all setbacks for
each lot and the boundaries for the development, buildings, structures,
trees over eight inches in trunk diameter measured four feet above the base
of the trunk, streets, utility easements, rights-of-way, and existing land
uses;
2. Elevation and perspective drawings of project structures and
improvements;
3. Proposed final conditions, covenants and restrictions (CC&Rs) and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities, which CC&Rs
and other documents shall be recorded upon final PUD approval;
4. Proposed final agreements which may have been required as conditions of
preliminary PUD approval;
5. A development schedule;
6. The following plans and diagrams;
A. An off-street parking plan;
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B. Landscaping and tree planting plan, including site grading;
C. Park and trail plan consistent with Ordinance 504.18.
Subd. 13: Final PUDs – Criteria for Approval. Final PUD approval shall be granted by
the City only if the applicant demonstrates that the final PUD substantially conforms to the
approved preliminary PUD. For the purposes of this section, “substantially conforms” means
that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses,
design or development standards or in the site plan, other than the minor changes pursuant to
Subd. 11 of this section.
Subd. 14: Final PUDs – Failure to File – Termination.
a) In the event the final PUD or any required attendant papers are not filed within
ninety (90) days following approval of a preliminary PUD, except as provided
elsewhere in this Section or as noted in subsection b (immediately following this
subsection), the approval of the preliminary PUD shall lapse and the approval
shall be deemed null and void and without force or effect.
b) When it is determined as part of the preliminary PUD approval that the final PUD
is to be phased, the final PUD for the first phase shall be submitted within 12
months of preliminary approval. The final development plan for each subsequent
phase shall be submitted within the schedule established at the time of preliminary
PUD approval. In the case of a PUD, which includes a subdivision, the final PUD
shall be submitted within five years of receiving preliminary approval.
c) The time period for filing of final PUDs shall not include periods of time during
which progress on the final PUD was reasonable halted or delayed due to the
filing and pendency of legal actions challenging an approval granted by the City
pursuant to this Section; provided, that in all cases when more than two years
have elapsed subsequent to the date of approval of a preliminary PUD the
permittee shall be required to comply with all current building, construction,
subdivision and other applicable standards of the City prior to being granted
approval of the final PUD; provided, that a change in zoning district classification
enacted subsequent to approval of the final development plan shall not affect the
project.
Subd. 16: Final PUDs – Adjustments to Approved Final PUD.
a) The City Administrator is authorized to allow adjustments in accordance with
subsection b (which immediately follows this section) of this Section. The City
Administrator shall allow only such adjustments as are consistent with guidelines
established in subsection b of this section, and in no case shall an adjustment be
allow if it will increase the total amount of floor space authorized in the approved
final PUD, or the number of dwelling units or density, or decrease the amount of
parking or loading facilities or permit buildings to locate substantially closer to
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any boundary line or change substantially any point of ingress or egress to the
site.
b) For the purposes of this section, “adjustments” means any departure from the
conditions of final PUD approval which complies with the following criteria:
1. The adjustment maintains the design intent and quality of the original
approval;
2. The amount of landscaping, buffering and open space shall not be
reduced;
3. The number of dwelling units in residential developments and the square
footage of structures shall not increase;
4. The adjustment shall not relocate a building, street or other use more than
20 feet in any direction and shall not reduce any required yard and/or
setback;
5. The height of buildings and other structures shall not increase;
6. Views from both structures on-site and off-site shall not be substantially
reduced;
7. Traffic volumes shall not increase and circulation patterns shall not
change;
8. Changes in colors, plant material and parking lot configurations are minor;
9. The adjustment does not add significant new environmental impacts or
significantly increase environmental impacts disclosed in the original
documents;
10. The City Administrator determines that the change will not increase any
adverse impacts or undesirable effects of the project, or that the change in
no way significantly alters the project.
c) If proposed amendments to an approved PUD can not be classified as an
“adjustment”, the PUD shall be amended using the “Minor and Major Changes to
an Approved Preliminary PUD” process described in Subd. 11 herein.
Subd. 17: Developers Agreement Required for Final PUD. Prior to the installation of
required improvements mandated by the Subdivision Ordinance, Ordinance 504, and prior to
approval of the Final Plat for the PUD, the developer shall enter into a contract with the City
requiring that the developer furnish and construct improvements required by Ordinance 504 at
the developer’s expense and in accordance with plans and specifications to be approved by the
City Engineer. The City/Developer contract shall stipulate the type and extent of the
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improvements to be constructed, the cost of construction, the construction time schedule, the
City's authority to inspect the construction and the amount of the escrow deposit performance
bond, warranty bond and labor and material man bond to be furnished. The City/Developer
Agreement shall be in substantially similar form and content as the attached City/Developer
Agreement in Appendix "B" of Ordinance 504.
Subd. 18: Operating and Maintenance Requirements for PUD Common Open Space and
Service Facilities.
a) 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.
b) Common open space and service facilities within a PUD shall be placed under the
ownership of one or more of the following:
1. Landlord control where only use by tenants is anticipated.
2. Property owners association, provided all of the following conditions are
met:
A. Prior to the use, occupancy, sale or the execution of contracts for
sale of an individual building unit, parcel, tract, townhouse,
apartment, or common area, a declaration of covenants, conditions
and restrictions or an equivalent document as specified in
Minnesota Statutes shall be filed with the City Administrator prior
to the filings of the declaration of documents or floor plans with
the County Recorder’s Office.
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 the properties to the terms
of the declaration.
C. The declaration of covenants, conditions and restrictions shall
provide that an owner’s association or corporation may be formed
and if such an association or corporation which shall maintain all
properties and common areas in good repair and which shall assess
individual property owners proportionate share 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 through establishing effective
private control.
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D. The declaration shall additionally 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 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
expenses. Such assessments, together with interest thereon and
costs of collection, shall be a lien on each property against which
such assessment is made.
E. Membership in the association must be mandatory for each owner
and any successive buyer and the association must be responsible
for liability insurance, taxes, and the maintenance of the open
space facilities to be deeded to it.
F. The open space restrictions must be permanent and not for a given
period of years.
G. Property owners must 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 and the association must
be able to adjust the assessment to meet changing needs.
H. The by-laws 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.
c) Staging of common open space. The construction and provision of all of the
common open space and public improvements and recreational facilities that are
shown on the final development plan for a PUD must proceed at the same rate as
the construction of dwelling units or other private facilities.
Subd. 19: Termination of Planned Unit Development – Failure to Commence or Continue
Construction. If the construction has not been started within two (2) years from the date of
approval of the final PUD with an associated subdivision, or two years from the date of approval
of any other final PUD, or if construction has been commenced but the work has been abandoned
for a period of one year or more, and if no extension of time has been granted as provided herein,
the authorization granted for the planned unit development project shall terminate and all permits
and approval issued pursuant to such authorization shall expire and be null and void.
The time period of commencing or continuing construction shall not include periods of
time during which commencement of construction or continuation of construction was
reasonably halted or reasonably delayed due to the filing of a pendency of legal action
challenging an approval granted by the City pursuant to this Section; however, in all cases, when
more than five years have elapsed subsequent to the date of approval of any other final PUD with
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ORDINANCE 502 – ZONING ORDINANCE
associated subdivision, or more than two years have elapsed subsequent to the date of approval
of any other final PUD the permittee shall be required to comply with all current building,
construction, subdivision and other applicable standards of the City; provided, that a change in
zoning district classification enacted subsequent to approval of the final development plan shall
not affect the project.
Subd. 22: Lots Subject to Final PUD. All lots or other divisions of a subdivided planned
unit development shall remain subject to compliance with the final development plan regardless
of the fact of subdivision in compliance with the Subdivision Ordinance or lot(s)/division(s) of a
subdivided PUD where subsequently conveyed.
Section 502.09 amended 1/07
Section 502.09 Subd. 3 amended 11/2014
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