05/12/2021 P&Z Packet - Laserfiche WebLink

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2-32 (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 Ordinance 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. (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 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: 1. Landlord – Tenant. Landlord control, where only use by tenants is anticipated. 2. Owners. Property owners association, provided all of the following conditions are met: a. Declaration of Covenants and Conditions. Prior to the use, occupancy or sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document, as specified by the Minnesota Common Interest Ownership Act set out in Minnesota Statutes, Chapter 515B and a set of floor plans, as specified by Minnesota Statutes, Chapter 515B shall be filed with the City of Lino Lakes, 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 Anoka County, Minnesota. b. Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision’s homeowner association. In the case where at least one (1) open space is held in common ownership, a homeowner association shall be established for that subdivision. Membership in the association by all property owners in the subdivision shall be mandatory. 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: i. The legal description of the common lands or facilities. ii. The restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions. iii. A mechanism for resolving disputes among the owners or association members. iv. 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.