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in a Planned Unit Development shall be not less than twenty (20) feet or the height of the building <br />in non-residential developments, whichever is greater, but such buildings may be constructed <br />without reference to the property lines of the individual lots on which they are built. <br /> <br />Subd. 8. Open Space. <br /> <br />A primary function of this Planned Unit Development Section is to encourage <br />development which will preserve and enhance the worthwhile, natural terrain <br />characteristics and not force intense development to utilize all portions of a given <br />site in order to arrive at the maximum intensity or density allowed. In evaluating <br />each individual proposal the recognition of this objective will be a basic <br />consideration in granting approval or denial including but not limited to the <br />following: <br /> <br />The amount and location of private common open-space area shall be <br />consistent with the stated purpose of this section and in no case shall be <br />less than fifteen (15) percent of the total project area. The residential <br />portion of the project area shall further conform to the mandatory public <br />park, playground and open space area dedication requirements of City <br />Code Section 510.09, Subd. 9. <br /> <br />o <br /> <br />All open-space shall be labeled as such and as to its intent or designed <br />functions. <br /> <br />Operating and Maintenance Requirements for Planned Unit Development <br />Common Facilities. In the event certain land areas or structures are provided <br />within the Planned Unit Development for recreational use or as service facilities, <br />the owner of such land and buildings shall file a suitable agreement with the City <br />that assures the continued operation and maintenance to a pre-determined <br />reasonable standard. These common areas may be placed under the ownership <br />of one of the following, depending which is more appropriate: <br /> <br />1. Landlord control. <br /> <br />Homeowner's Association, provided all of the following conditions are <br />met: <br /> <br />The Homeowner's Association must be established prior to any <br />sale. <br /> <br />Membership must be mandatory for each owner, and any <br />successive buyer. <br /> <br />Co <br /> <br />The open-space restrictions must be permanent, not for a given <br />period of years. <br /> <br />The Association must be responsible for liability insurance, local <br />taxes and the maintenance of residential and other facilities. <br /> <br />-76- <br /> <br />City of hzver Grove Heights <br />Draft Zoning Regulations <br /> <br />February 2001 <br /> p. 90 <br /> <br /> <br />