10-04-2021 Council Work Session Packet

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2-4 (b) If a PUD includes provision of affordable housing, a specific housing type, or target housing price, details associated with the housing - including number of units, unit size, and price - shall be documented in a legally binding agreement approved by the City and recorded against the properties within the PUD. (c) If a PUD includes preservation of natural habitat, those habitats shall be permanently protected through a conservation easement or other legally binding agreement approved by the City and recorded against the properties within the PUD. (d) A common or homeowner’s association shall be established where appropriate to ensure on-going maintenance of infrastructure and public spaces, required restoration and management of natural areas, or other actions and activities specific to the PUD. (e) A residential PUD may include a variety of residential dwelling units, including, but not limited to single family and multifamily units as long as it complies with the density requirements. A non-residential PUD may include a variety of commercial and/or industrial uses. A PUD may also include a mix of residential and non-residential uses. 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. v. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership. c. Natural Habitat. Open space may be deeded to an established land trust, a government agency, or non-profit organization. Management shall be the responsibility of the land trust or non-profit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or non-profit organization. i. Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or non-profit organization as provided in Minnesota Statutes 84.64 – 84.65. 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 Ordinance to the contrary, the City may, in cases where conservation restrictions are utilized to meet open space dedication requirements