2023-02-15 PC Packet - Laserfiche WebLink

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2/10/23, 10:59AM https://export. am legal.com/api/export-requests/a11e8e88-feec-47c4-abd6-7a303d89ce33/download/ (6) An efficient use of land resulting in smaller networks of utilities and streets, thereby lowering housing costs and public investments; (7) A development pattern in harmony with the objectives of the city's Comprehensive Plan; (8) A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the city; (9) To give the landowner and developer reasonable assurance of ultimate approval before expending complete design monies while providing city officials with assurances that the project will retain the character envisioned at the time of concurrence; and (10) To allow variation from the provisions of this chapter, including setbacks, height, lot area, width and depth, yards and the like. (Prior Code, § 1120.01) § 160.316 GENERAL REQUIREMENTS AND STANDARDS. (A) Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approval of the final plat shall be binding on all owners. (B) Comprehensive plan consistency. The proposed PUD shall be consistent with the adopted City Comprehensive Plan. (C) Common open space. Common open space at least 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. (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 as approved by the Council: (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 and a set of floor plans, such as specified by M.S. Ch. 515 and 515A, as they may be amended from time to time, shall be filed with the City Administrator, the filing to be made prior to the filings of the declaration of documents or floor plans with the recording officers of the county. (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 owners' 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. 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 owner through establishing effective private control. https://export.amIegal.com/api/export-requests/a11 e8e88-feec-47c4-abd6-7a3O3d89ce33/download/ 2/13