7.3 SR 01-16-2024Request for Action
To Item Number
Ma Tor and CinT Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearings JanuaryT 16, 2024 Zack Carlton, Community Development Director
Item Description Reviewed by
Ordinance Amendment: Planned Unit Development Chris Leeseber , Senior Planner
Review Procedures Reviewed by
Cal Pormer, Ci r Administrator
Action Requested
Adopt, byT motion, an ordinance changing the revie`v process for Planned Unit Developments (PUDs) from a
Conditional Use PeYmit (CUP) to an OYdinance Amendment.
Adopt, byT motion, a resolution approving summaryT publication of the proposed ordinance.
Background/Discussion
During a Yecent discussion with the cityr attorney regarding the PUD process it was noted that many cities have
moved a�vayT from reviewing PUDs `vith a CUP and instead use an ordinance amendment to create an ordinance
section that goveYns development of the project.
The Yeview to establish a PUD will be like the current process, a rezoning to a PUD district and a second land use
application to establish the PUD, however the second step would be formalized thYough adoption of an ordinance
rather than through a PUD agreement.
TheYe are numeYous benefits to establishing a PUD district via ordinance, but the most significant impact would
be realized byT anyTone looking to build within the district The PUD ordinance `vould be available online and can
be accessed by anyrone. CuYrently, to review the standards of a given PUD, one needs to Yequest a copy of the
PUD along with any of the potentially numerous amendments.
Planning Commission
No one spoke during the public hearing and the Planning Commission unanimouslyT recommended approval of
the proposed amendment.
Financial Impact
None
Mission/Policy/Goal
■ Support the growth of the business and residential communities.
Streamline processes and simplifyT ordinances for residents and businesses.
Improve understanding of cit�T standards.
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
rowEREo ar
�I'1 ����
Update�l• January 2023
Attachments
■ Ordinance Document
■ Memo to cit�T staff
■ Sample PUD OYdinances
��r�� to be removed
Unde�lines to be added
of
ver
Ordinance 24 -
An Ordinance Amending Section, 30- I 564, PUD Planned Unit Development
District, of the City of Elk River, Minnesota, City Code
The City Council of the CityT of Elk River does hereb�T ordain as follows:
SECTION 1. That � 30-1564, PUD planned unit development district, of the City of Elk River
Code of Ordinances shall be amended to read as follo�vs:
Sec. 30-1564. PUD planned unit development district.
(a) Pu��ose. The purpose of the PUD district is to provide opportunities for creative development
and design fle�bilityT byT allowing modification of lot and building area, width, setback and other
dimensional requirements. Planned unit developments (PUDs) shall be developed in
accordance with a concept plan and a PUD development plan, and in accordance with this
article and the cityT subdivision regulations (article V of this chapter). A PUD shall be consistent
with the intent and purpose of the cinT comprehensive plan and this article, and shall not
adveYsely affect pYopeYty adjacent to the land area to be developed.
(b) Stan�iT�.
(1) Land will be zoned into the PUD zoning district only upon approval of a concept plan for
the PUD, pursuant to the procedure set forth in this section. A PUD `vill be authorized
on land in a PUD zoning district only upon �:: � �-_ < . �,a __ ro�-al
of an ordinance rezonin� the lai�d to PLrD, pursuant to the pYocedure set forth in this
section.
(2) The uses allowed in a PUD shall be limited to land uses consistent with the cityr's
comprehensive plan and land use map, and to those uses identified in the concept plan for
the PUD zoning district and the � . � orclinance established foY the
PUD.
(3) The area of land to be included in a PUD shall be in uniform control of the applicant.
(4) A PUD shall be designed to form a desirable unified environment �vithin its proposed
boundaries, including uniform design elements, landscaping, lighting and signage.
(5) A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular,
uses on the PUD perimeter shall be compatible with adjacent uses outside the PUD.
(6) A PUD shall be served byT adequate transportation, water, sanitaryT sewer and drainage
syTstems.
(7) A PUD shall not adveYsely affect e�sting oY proposed parks, schools, streets oY otheY
public facilities.
row�REo er
������
Last LJpdated]anuar� 2023
��r�� to be removed
Unde�lines to be added
(8) The council mayT establish varied and reasonable lot area, frontage, side yard, and setback
requirements foY a PUD and may authorize a density which it deteYmines to be
appropriate under the circumstances. Any permitted densityT shall be consistent with the
cityT's comprehensive plan and not adversely affect the public health, safetyT and welfare.
(9) More than one principal building mayr be constructed on a lot within a PUD if authorized
byT the council. Unless otherwise permitted byT the council, a PUD shall complyT `vith the
schedules of dimensional regulations set forth in this article, except that individual lots
shall have no less than ��0 peYcent of the rniuimum area for similaY uses.
(c) Approvalp�ocedu�e.
(1) P�eapplication revie2a�. PrioY to making application foY Yezoning to PUD, an�erson m��-
submit 1 PUD - � _ . , - � , � concept plan to
the cittT requesting staff and planning commission revie�v and advisoryT comment.
(2) Be�oning to PUD dist�zct..
a. Application. The owneY of land proposed to be rezoned to the PUD zoning district
shall submit an application for rezoning to the PUD district and a concept plan for
the proposed PUD. The concept plan shall include:
A drawing sho`ving e�sting conditions such as propertyT boundaries, generalized
elevations, site features such as `vetlands and `vooded areas, and surrounding
land uses and development.
2. A conceptual site plan sho`ving proposed uses and general site data such as
building locations, densityT, setbacks, ponding areas, parking areas and
generalized screening, buffering and landscaping concepts.
3. Generalized traffic information including maximum traffic volumes generated
byT the PUD, proposed new road�vayTs and proposed connections and
improvements to e�sting roads.
4. A conceptual plan for serving the PUD with sanitary sewer, water and storm
seweY facilities.
b. Planning coln�nission and city council aevieza�. The planning commission and cityr council
shall review the proposal to rezone to the PUD district based on the PUD
regulations set forth in this section and the standards set forth in this article for
approval of a rezoning.
c. App� oval of � e�oning. The council shall approve the rezoning to the PUD zoning
district only if it finds that the PUD concept plan complies with the PUD regulations
set forth in this section and the standards set forth in this article for approval of a
rezoning. If the council approves rezoning to the PUD district, the rezoning acrion
shall include:
Approval by the cityT council of a concept plan for the PUD zoning district; and
2. Approval by the cityT council of generalized land uses to be permitted in the
PUD zoning district.
Last LJpdated]anuar� 2023
row�REo er
������
��r�� to be removed
Unde�lines to be added
The city ordinance enacting the Yezoning shall specifically incoYporate the concept
plan and establish the generalized land uses to be peYmitted in the approved PUD
zoning district This ordinance shall be recorded against the propertyT rezoned.
(3) Approval of PUD.
a. Application. The proponents of a proposed PUD shall submit an application €a� <�
. � for rezoi��� to PL; D and, if applicable, a pYelit�iivaryr
subdivision plat to the planning commission and council. The application materials
shall complyT with the requirements set forth in this article for applications for
. �: rezonin� and preliminary plats, and shall address the PUD
regulations set forth in this section.
b. Planning co�nlnission and city council yevie2a�. The planning commission and cityr council
shall revie�v PUD proposals based on the concept plan for the PUD zoning district,
the PUD regulations set foYth in this section, the standaYds set foYth in this aYticle foY
approval of conditional use permits and the standards set forth in the subdivision
regulations (article V of this chapter) for approval of a preliminary plat.
c. Appr•oval of �� � •�� �•e�ofaifag to PL�D. The citv council shall a�prove a
rezonin,g to PUD and �reliminarv,�lat for a PUD onl�r if it finds that the �Yo�osed
PUD com�lies with the com�rehensive �lan, the PUD regulations set forth in this
section, the standaYds set foYth in this article foY a�pYoval of a PUD and the
standards set foYth in the subdivision Yegulations article V of this cha�teY) for
�lpproval of a�reliminarv,�lat. If the rezonin� to PUD and the �reliminarv,�lat are
approved, the allowed uses, dimensional standards, and otheY PUD standards shall
be included in the ordinance rezoning the �ro�erttr to PUD. Anv modification of
the PUD oYdinance, the �rel.irnitiar�plat or the PUD develo�ment �lan must be
re�riewed bv the �lanning commission and a�proved b�r the cittr council in
accoYdance with the rec�uirements of the Citt�'s zoning and subdivision �Yovisions of
the Cittr Code. . .
b � .
. � � ... . . . . . . .
. . � . ... . . . .
. �
.� � . . . . _ -. -
d. PUD developinentplan. If the council approves the �� . � rezoning to
PL�D for the planned unit development, �t��the ��~�':�:�._�' .�: �
��ordinance shall include � specific PUD development
�standards. The PUD development �rstandards shall include:
A site plan for the PUD, including location, size and use of all lots, buildings,
parking areas, ponding areas, parks and open spaces.
Last LJpdated]anuar� 2023
row�REo er
������
��r�� to be removed
Unde�lines to be added
2. Building elevations illustrating uniform design elements, building materials and
color schemes.
3. A plan for the installation of on-site and off-site public improvements
(including utilities, streets, etc.) necessaryr to serve the PUD.
4. A unified landscape plan including berms, screening and landscaping materials.
5. A uniform signage plan including location, tyTpe and size of signage.
. _ ■a��K�� e��■
. .
. ■ . ■ - -
. .
(4) Final plat.. If the � . � rezonin� to PUD is approved, the final plat shall be
submitted to the cityT in accordance with the subdivision regulations (article V of this
chapter) and the provisions of this aYticle. The final plat shall not be Yeleased for Yecording
until the "� r'� ���-���~�"~ordinance has been a�ro�red b�- the Cit�- Council and �ublished
u7 accordance �vith state and local standards. �. � .
�) �1d�rtronal Be9ui� ements.
2. F�eco�z� Ke�t..• The zoning admirustrator shall maintain a recoYd of all PUD districts
�pproved b�� the citt,� including infoYmation on a�Yoject's allowed uses, all �ertinent
project �lans, an�r conditions im�osed on a�Yoject bv the citv council, and such other
information as the zoning administrator ma�T deem a�pro�riate.
b. I��itbd�a�a�al O�A��lication: Anv a�plication under this aYticle ma�r be withdrawn b�r an
applicant without �Yejudice at anv time �rior to final cittr council action theYeon.
c. Corave�ance O�Pro�e�fiv 1�ithin A PUD: In the event that an�� real �Yo�erttr within an
aat�roved PUD is conve�red in total oY in �art, the subsec�uent owner(s� theYeof shall
be bound b�r all �rovisions of the PUD and the general �lan for that �roject.
However, nothing in this subsection shall be construed as to make such conve�red
nro�erttr nonconforming with regaYd to normal zoning standards as long as the
conve�red �ro�eYttr conforms with the a�proved PUD and the develo�ment �lan for a
ro � ect.
�) P�eexi�ting PUDs. PUDs which �redate �anuar�r 16, 2024, will remain in force exce�t as
otherwise amended under the citv's zoning oYdinance.
�7) PUD DistTzcts arad Eratitle�nent.r. PUDs a�proved on or after �anuar�r 16, 2024, and their
approved entitlement are �rovided as follows:
Last LJpdated]anuar� 2023
row�REo er
������
��r�� to be removed
Unde�lines to be added
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided byT
la`v.
Passed and adopted byT the Cit�T Council of the CityT of Elk River this 16th dayT of JanuaryT, 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Last LJpdated]anuar� 2023
row�REo er
������
��
1 1
MEMORANDUM
TO: Zachary Carlton
Fxo1v1: Andrea McDowell Poehler
DATE: November 30, 2023
RE: Processing of Planned Unit Developments
INTRODUCTION
City staff may want to consider a modification to the Elk River City Code which would change
the means by which planned unit development (PUD's) are processed. Such change is intended
to better reflect the legal authority given to cities regarding such planning tool.
DISCUSSION
The City of Elk River currently provides for approval of planned unit developments through
rezoning of property to a freestanding PUD Zoning District, using a conditional use permit
application. Elk River City Code Sec. 30-1564. With the rezoning, the City requires approval of
a PUD agreement that sets for the terms of the PUD. Thus, each property rezoning to PUD will
have a coordinating PUD Agreement recorded against the property that sets forth the terms of this
PUD. This is often combined with a development contract that sets forth the subdivision
provisions specific to the property as part of the platting process. This has been a common practice
of communities for many years.
However, as the PUD Agreement is not specifically identified by statutory authority, many cities
are moving away from the PUD Agreement concept in favor of specifying the specific standards
(or deviations from an underlying zone) within the actual ordinance that rezones property to PUD,
either within the City Code itself or by a separate stand-alone ordinance specific to the property to
be rezoned. This method provides greater legal standing through approval of the PUD terms within
the actual PUD ordinance.
In addition to greater legal viability, the PUD ordinance option:
Provides an easier method for determining the actual restrictions related to the specific
property. Using a PUD Agreement requires the City or other interested party to obtain a
copy of the PUD Agreement and all amendments to review the current status of the
restrictions on the property.
22�o1sv2
��
1 1
2. Eliminates the quagmire of approval of future amendments of a PUD for specific parcels.
Currently, the conservative approach to amendment of a PUD Agreement for even a single
parcel, would require approval of all parties under the original PUD Agreement and
consents by all mortgage holders, even if the other properties have no direct interest in the
PUD terms for the individual parcel.
Attached are sample ordinances for a PUD zoning process that would change how the City
processes PUDs and documents them in the future and a sample ordinance rezoning specific
property to PUD. PUDs approved prior to such a proposed ordinance would continue under their
existing planned unit development agreements until such time as they are rezoned by request of
the owner or by the city council on its own initiative.
ATTACHMENT
Lakeville Planned Unit Development District, City Code, Title 11, Chapter 96
Elko New Market Planned Unit Development District, City Code Title 11, Chapter 28C
Elko New Market Ordinance No. 176
2
22�o1sv2
ARTICLE C. PUD PLANNED UNIT DEVELOPMENT DISTRICT
SECTION:
11-28C-1: Purpose And Intent
11-28C-2: Application To Certain Properties
11-28C-3: Allowed Uses
11-28C-4: Lot, Setback And Building Height Requirements
11-28C-5: Integrated Design
11-28C-6: Procedure
11-28C-7: Periodic PUD Review
11-28C-8: Modifications/Amendments Of A PUD
11-28C-9: Additional Requirements
11-28C-10: Preexisting PUDs
11-28C-11 - 11-28C-20: Reserved
11-28C-21: PUD Districts And Entitlements
11-28C-1: PURPOSE AND INTENT:
The purpose of the PUD planned unit development district is to provide comprehensive
procedures and standards intended to allow flexibility in the development of residential
neighborhoods and/or nonresidential areas that would not be possible under a
conventional zoning district. The decision to zone property to a PUD is a public policy
decision for the city council to make in its legislative capacity. The intent of this article is to:
A. Provide for the establishment of PUD (planned unit development) zoning districts in
appropriate settings and situations to create or maintain a development pattern that
complies with the city comprehensive plan.
B. Allow for the mixing of land uses within a development when such mixing of land uses
could not otherwise be accomplished under this title.
C. Provide for variations to the strict application of the land use regulations in this title in
order to improve site design and operation, while at the same time incorporating design
elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's
standards to offset the effect of any variations.
D. Promote a more creative and efficient approach to land use within the city, while at
the same time protecting and promoting the health, safety, comfort, aesthetics, economic
viability, and general welfare of the city.
E. Preserve and enhance natural features and open spaces.
F. Maintain or improve the efficiency of public streets and utilities.
G. Ensure the establishment of appropriate transitions between differing land uses. (Ord.
127, 3-24-2016)
11-28C-2: APPLICATION TO CERTAIN PROPERTIES:
PUD districts shall be applied to property only in conjunction with projects which fulfill the
purpose of such application. PUD zoning designations shall not be applied to property in
advance of specific development applications. (Ord. 127, 3-24-2016)
11-28C-3: ALLOWED USES:
All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses
allowed by administrative permit contained in the various base zoning districts defined in
chapter 24 of this title shall be treated as potential allowable uses within a PUD district,
provided they would be allowed on the site under the comprehensive plan. (Ord. 127, 3-24-
2016)
11-28C-4: LOT, SETBACK AND BUILDING HEIGHT REQUIREMENTS:
The various lot area, lot width, setback, and building height regulations of the most closely
related conventional zoning district shall be considered presumptively appropriate but
may be departed from to accomplish the purposes described in section 11-28C-1 of this
article. (Ord. 127, 3-24-2016)
11-28C-5: INTEGRATED DESIGN:
A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of
buildings that are planned and designed as an integrated unit. The integrated design shall
include elements such as building orientation and materials, utilities, parking areas, traffic
and pedestrian circulation, landscaping, and open spaces. (Ord. 127, 3-24-2016)
11-28C-6: PROCEDURE:
A. Sketch Plan: Prior to the filing of a formal application, the applicant shall submit a
sketch plan of the project to the zoning administrator. A sketch plan shall be processed
according to the information requirements, standards and procedures for sketch plans as
established by section 11-3-6 of this title.
B. Development Stage Plan: Development stage submissions shall depict and outline the
proposed implementation of the sketch plan stage for the PUD. Information from the sketch
plan stage may be included for background and to provide a basis for the submitted plan.
The development stage submissions shall include, but not be limited to, the submission
requirements stipulated in subsection 11-3-6F of this title.
C. Final Stage Plan: After approval of the development stage plan, the applicant may
apply for final plan approval for all or a portion of the PUD. The applicant shall submit the
following material for review by and approval of the zoning administrator prior to issuance
of any building permit(s):
1. If the PUD will be developed in different phases, the applicant shall submit a phasing
plan for construction of the various elements of the entire PUD.
2. Development plans in final form, based on the approved development stage plan,
covering that portion of the PUD where building permits will be requested under the
phasing plan.
3. Proof of recording any easements and restrictive covenants prior to the sale of any
land or dwelling unit within the PUD and of the establishment and activation of any entity
that is to be responsible for the management and maintenance of any public or common
open space or service facility.
4. All certificates, seals and signatures required for the dedication of land and
recordation of documents.
5. Final architectural working drawings of all structures.
6. A final plat and final engineering plans and specifications for streets, utilities and
other public improvements, together with a development contract agreement for the
installation of such improvements and financial guarantees for the completion of such
improvements.
7. Any other plan, agreements, or specifications necessary for the zoning administrator
to review the proposed final plan.
D. Processing:
1. Preapplication Meeting: Prior to the filing of an application for PUD, the applicant of
the proposed PUD is encouraged to arrange for and attend a meeting with the zoning
administrator. 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 his
proposal for the area for which it is proposed and its conformity to the provisions of this
article before incurring substantial expense in the preparation of plans, surveys and other
data.
2. Sketch Plan: Prior to the filing of a formal application, the applicant shall submit a
sketch plan of the project to the zoning administrator. A sketch plan will be processed
according to the information requirements, standards and procedures for sketch plans as
established by subsection A of this section.
3. Development Stage:
a. Application Procedure: PUD zoning applications shall be processed according to
the evaluation criteria and procedures outlined in section 11-3-2 of this title.
b. Information Requirements:
(1) The information required for all PUD development stage plan applications shall
be as specified in subsection 11-3-6F of this title.
(2) The zoning administrator, planning commission, and/or city council may excuse
an applicant from submitting any specific item of information or document required by this
subsection D3b which it finds to be unnecessary to the consideration of the specific PUD
being considered.
c. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective
until such time as the city council approves an ordinance reflecting said amendment, which
shall take place at the time the city council approves the development stage plan.
4. Final Stage: After approval of a development stage plan for all or a portion of the
proposed PUD, the applicant shall submit the materials outlined in subsection C of this
section for review by the zoning administrator prior to issuance of a building permit(s).
(Ord. 127, 3-24-2016)
11-28C-7: PERIODIC PUD REVIEW:
The city council may require periodic review of a PUD as a condition to approval of a PUD
development stage plan in order to ensure compliance with the conditions of the PUD. At
such time, the city council may, at its discretion, choose to take additional testimony on the
PUD. (Ord. 127, 3-24-2016)
11-28C-8: MODIFICATIONS/AMENDMENTS OF A PUD:
A. Minor Plan Modifications/Amendments: Plan modifications/amendments qualifying
as minor, as defined by subsection 11-3-2F of this title, shall be processed pursuant to that
subsection.
B. Major Modification/Amendments: The same review procedure shall be followed for a
major modification/amendment of a PUD as was followed with respect to the applicant's
development stage plan, outlined in subsection 11-28C-6D3 of this article and pursuant to
section 11-3-2 of this title. (Ord. 127, 3-24-2016)
11-28C-9: ADDITIONAL REQUIREMENTS:
A. Records Kept: The zoning administrator shall maintain a record of all PUD districts
approved by the city, including information on a project's allowed uses, all pertinent
project plans, any conditions imposed on a project by the city council, and such other
information as the zoning administrator may deem appropriate.
B. Withdrawal Of Application: Any application under this article may be withdrawn by
an applicant without prejudice at any time prior to final city council action thereon.
C. Platting Of A PUD: In the event that a PUD is to be subdivided into lots or parcels for
the purpose of separate ownership, such PUD shall be platted under the platting
procedures of the city subdivision ordinance and the related requirements of the county.
The preliminary plat shall be processed in conjunction with the development stage plan as
outlined in subsection 11-28C-6D3 of this article. A separate action on the final plat shall be
processed before the city council prior to or in conjunction with the final stage of the PUD.
D. Conveyance Of Property Within A PUD: In the event that any real property within an
approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all
provisions of the PUD and the general plan for that project. However, nothing in this
subsection shall be construed as to make such conveyed property nonconforming with
regard to normal zoning standards as long as the conveyed property conforms with the
approved PUD and the development plan for a project.
E. Agreement/Financial Guarantee: Following the approval of the development plan but
prior to final plan approval, the applicant shall enter into an agreement with the city
relating to the terms of the PUD, and shall also provide such financial guarantees as the city
requires or deems necessary. Such agreement may take the form of:
1. A development contract; and/or
2. Site improvement performance agreement; and/or
3. Another form of legally binding instrument as may be required by the city. (Ord. 127,
3-24-2016)
11-28C-10: PREEXISTING PUDS:
PUDs which predate the adoption of this chapter shall remain in force except as otherwise
amended under the city's zoning ordinance. (Ord. 127, 3-24-2016)
11-28C-11 - 11-28C-20: RESERVED:
(Ord. 127, 3-24-2016)
11-28C-21: PUD DISTRICTS AND ENTITLEMENTS:
PUDs which do not predate the adoption of this chapter and their approved entitlements
are provided as follows:
PUD-1: L;lka Speedway, Ordinance no. 149, Ordinance no. 239, and Ordinance no. 278
PUD-5: Boulder Pointe Sixth Addition, Ordinance no. 162
PUD-6: Boulder Pointe Seventh Addition, Ordinance no. 171
PUD-7: Dakota Acres 1st Addition, Ordinance no. 176
PUD-8: Pete's Hill, Orclinance rlo. 199, no. 206, no. 233
(Ord. 150, 3-23-2017; amd. Ord. 162, 8-24-2017; Ord. 171, 4-26-2018; Ord. 176, 9-27-
2018; Ord. 199, 8-22-2019; Ord. 206, 12-19-2019; Ord. 233, 6-24-2021; Ord. 239, 12-2-
2021; Ord. 278, 8-24-2023)
CHAPTER96
PUD, PLANNED UNIT DEVELOPMENT DISTRICT
SECTION:
11-96-1: Purpose
11-96-3: Application
11-96-5: Allowed Uses
11-96-6: Lot Requirements
11-96-7: Setbacks And Building Height
11-96-9: Integrated Design
11-96-11: Sketch Plan
11-96-13: Development Stage Plan
11-96-15: Final Plan
11-96-17: Processing
11-96-19: Periodic PUD Review
11-96-21: PUD District Amendment/Plan Modification
11-96-23: General Requirements
11-96-1: PURPOSE:
The purpose of the PUD district is to provide comprehensive procedures and standards
intended to allow flexibility in the development of residential neighborhoods and/or
nonresidential areas than would be possible under a conventional zoning district. The
decision to zone property to PUD is a public policy decision for the city council to make in
its legislative capacity. The intent of this chapter is to:
A. Provide for the establishment of PUD districts in appropriate settings and situations to
create or maintain a development pattern that complies with the comprehensive plan.
B. Allow for the mixing of land uses within a development when such mixing of land uses
could not otherwise be accomplished under this title.
C. Provide for variations to the strict application of the land use regulations in this title in
order to improve site design and operation, while at the same time incorporating design
elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's
standards to offset the effect of any variations.
D. Promote a more creative and efficient approach to land use within the city, while at
the same time protecting and promoting the health, safety, comfort, aesthetics, economic
viability, and general welfare of the city.
E. Preserve and enhance natural features and open spaces.
F. Maintain or improve the efficiency of public streets and utilities.
G. Ensure the establishment of appropriate transitions between differing land uses. (Ord.
867, sec. 116, 5-17-2010)
11-96-3: APPLICATION:
Except for the portion of the city defined as the central area by the comprehensive plan, a
PUD district shall not be established for parcels guided for low density residential, rural or
agricultural land uses by the comprehensive plan with a district area less than three
hundred twenty (320) acres, except to allow for public or quasi-public uses. (Ord. 867, sec.
116, 5-17-2010)
11-96-5: ALLOWED USES:
All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses
allowed by administrative permit contained in the various zoning districts defined in
chapter 45 of this title shall be treated as potentially allowable uses within a PUD district,
provided they would be allowable on the site under the comprehensive plan. (Ord. 867, sec.
116, 5-17-2010)
11-96-6: LOT REQUIREMENTS:
The following minimum lot requirements shall be observed in the central area, as
delineated in the city's comprehensive plan, PUD district for single-family detached
dwellings:
Lot area:
Corner
12,500 square feet
Interior
11,000 square feet
Lot width:
Corner
100 feet
Interior
85 feet
(Ord. 867, sec. 116, 5-17-2010)
11-96-7: SETBACKS AND BUILDING HEIGHT:
The various setback and height regulations of the most closely related conventional zoning
district shall be considered presumptively appropriate, but may be departed from to
accomplish the purposes described in section 11-96-1 of this chapter. (Ord. 867, sec. 116,
5-17-2010)
11-96-9: INTEGRATED DESIGN:
A PUD district shall consist of a harmonious arrangement and selection of land uses in
groupings of buildings that are planned and designed as an integrated unit. The integrated
design shall include elements such as building orientation and materials, utilities, parking
areas, traffic and pedestrian circulation, landscaping, and open spaces. (Ord. 867, sec. 116,
5-17-2010)
11-96-11: SKETCH PLAN:
Prior to the filing of a formal application, the applicant shall submit a sketch plan of the
project to the zoning administrator. A sketch plan shall be processed according to the
information requirements, standards and procedures for sketch plans as established by
chapter 9 of this title. (Ord. 867, sec. 116, 5-17-2010)
11-96-13: DEVELOPMENT STAGE PLAN:
Development stage submissions shall depict and outline the proposed implementation of
the sketch plan stage for the PUD. Information from the sketch plan stage may be included
for background and to provide a basis for the submitted plan. The development stage
submissions shall include, but not be limited to, the submission requirements stipulated in
chapter 9 of this title. (Ord. 867, sec. 116, 5-17-2010)
11-96-15: FINAL PLAN:
After approval of the development stage plan, the applicant may apply for final plan
approval for all or a portion of the PUD. The applicant shall submit the following material
for review by and approval of the zoning administrator prior to issuance of any building
permit(s):
A. If the PUD will be developed in different phases, the applicant shall submit a phasing
plan for construction of the various elements of the entire PUD.
B. Development plans in final form based on the approved development stage plan,
covering that portion of the PUD where building permits will be requested under the
phasing plan.
C. Proof of recording any easements and restrictive covenants prior to the sale of any
land or dwelling unit within the PUD and of the establishment and activation of any entity
that is to be responsible for the management and maintenance of any public or common
open space or service facility.
D. All certificates, seals and signatures required for the dedication of land and
recordation of documents.
E. Final architectural working drawings of all structures.
F. A final plat and final engineering plans and specifications for streets, utilities and other
public improvements, together with a development contract agreement for the installation
of such improvements and financial guarantees for the completion of such improvements.
G. Any other plan, agreements, or specifications necessary for the zoning administrator
to review the proposed final plan. (Ord. 867, sec. 116, 5-17-2010)
11-96-17: PROCESSING:
A. Preapplication Conference: Prior to the filing of an application for PUD, the applicant
of the proposed PUD is encouraged to arrange for and attend a conference with the zoning
administrator. The primary purpose of the conference shall be to provide the applicant
with an opportunity to gather information and obtain guidance as to the general suitability
of his proposal for the area for which it is proposed and its conformity to the provisions of
this title before incurring substantial expense in the preparation of plans, surveys and
other data.
B. Sketch Plan:
1. Application Procedures And Information Requirements: Prior to the filing of a formal
application, the applicant shall submit a sketch plan of the project to the zoning
administrator. A sketch plan will be processed according to the information requirements,
standards and procedures for sketch plans as established by section 11-96-11 of this
chapter.
C. Development Stage:
1. Application Procedure: PUD zoning district applications shall be processed according
to the evaluation criteria and procedures outlined in chapter 3 of this title.
2. Information Requirement:
a. The information required for all PUD development stage plan applications shall be
as specified in section 11-96-13 of this chapter.
b. The zoning administrator, planning commission, and/or city council may excuse an
applicant from submitting any specific item of information or document required by this
section which it finds to be unnecessary to the consideration of the specific PUD being
considered.
3. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective
until such time as the city council approves an ordinance reflecting said amendment, which
shall take place at the time the city council approves the development stage plan.
D. Final Stage Plan: After approval of a development stage plan for all or a portion of the
proposed PUD, the applicant shall submit the materials outlined in section 11-96-15 of this
chapter for review by the zoning administrator prior to issuance of a building permit(s).
(Ord. 867, sec. 116, 5-17-2010)
11-96-19: PERIODIC PUD REVIEW:
The city council may require periodic review of a PUD district as a condition to approval of
a PUD in order to ensure compliance with the conditions of the PUD. At such times, the city
council may, at its discretion, choose to take additional testimony on the PUD district. (Ord.
867, sec. 116, 5-17-2010)
11-96-21: PUD DISTRICT AMENDMENT/PLAN MODIFICATION:
The city council or planning commission upon their own motion or any person owning or
having interest in real estate within an established PUD district may initiate a request to
amend the provisions or plans of said PUD district. The same review procedure shall be
followed for a plan outlined in subsection 11-96-17C of this chapter, except that proposed
amendments meeting the following criteria, as determined by the zoning administrator,
may be approved administratively in accordance with chapter 8 of this title:
A. Only applications for preexisting uses or uses explicitly classified as allowed uses
within the respective PUD districts of which the property is zoned are eligible for
administrative approval.
B. The plan amendment shall not result in an increase of the floor area of the principal
use by more than twenty percent (20%), include any change in hours of operation or
otherwise increase the intensity of the use of the site as determined by the Zoning
Administrator for noise, traffic, employees, or other relevant factors.
C. The plan amendment shall comply with all lot and setback requirements of the PUD
district and all other applicable performance standards of this title or this code.
D. All applications for plan amendment shall be complete and in full accordance with the
requirements of section 11-9-13 of this title and all applicable fees shall be paid. (Ord. 867,
sec. 116, 5-17-2010; amd. Ord. 1078, 6-5-2023; Ord. 1080, 6-5-2023)
11-96-23: GENERAL REQUIREMENTS:
A. Records: The zoning administrator shall maintain a record of all PUD districts
approved by the city, including information on a project's allowed uses, all pertinent
project plans, any conditions imposed on a project by the city council, and such other
information as the zoning administrator may deem appropriate.
B. Withdrawal Of An Application: Any application under this chapter may be withdrawn
by an applicant without prejudice at any time prior to final city council action thereon.
C. Platting Of A PUD: In the event that a PUD is to be subdivided into lots or parcels for
the purpose of separate ownership, such PUD shall be platted under the platting
procedures of the Lakeville subdivision ordinance 1 and the related requirements of
Dakota County. The preliminary plat shall be processed in conjunction with the
development stage plan as outlined in subsection 11-96-17C of this chapter. A separate
action on the final plat shall be processed before the city council prior to or in conjunction
with the final stage of the PUD.
D. Conveyance Of Property Within A PUD: In the event that any real property within an
approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all
provisions of the PUD and the general plan for that project. However, nothing in this
chapter shall be construed as to make such conveyed property nonconforming with regard
to normal zoning standards as long as the conveyed property conforms with the approved
PUD and the development plan for a project.
E. Agreement/Financial Guarantee: Following the approval of the development plan but
prior to final plan approval, the applicant shall enter into an agreement with the city
relating to the terms of the PUD, and shall also provide such financial guarantees as the city
requires or deems necessary. Such agreement may take the form of:
1. A development contract; and/or
2. Site improvement performance agreement; and/or
3. Another form of legally binding instrument as may be required by the city. (Ord. 867,
sec. 116, 5-17-2010)
Notes
1. See title 10 of this code.
ORDINANCE NO. 176
CITY OF ELKO NEW MARKET
SCOTT COUNTY, MINNESOTA
AN ORDINANCE AMENDING AND RESTATING THE PLANNED UNIT
DEVELOPMENT DISTRICT ZONING OF CERTAIN PROPERTY WITHIN
DAKOTA ACRES 1ST ADDITION
THE CITY COUNCIL OF THE CITY OF ELKO NEW MARKET ORDAINS:
Section 1. Le�al Description. The following described property located within the City of
Elko New Market, Scott County, Minnesota is hereby zoned PUD, Planned Unit Development:
Outlot C, Dakota Acres, according to the recorded plat thereof, Scott County, Minnesota,
except that part lying westerly of the east line of Outlot D, said Dakota Acres and it's
southerly extension.
AND
That part of Outlot B, Dakota Acres, according to the recorded plat thereof, Scott County,
Minnesota, described as follows: Commencing at the most northerly corner of said
Outlot B; thence South 00 degrees 24 minutes 49 seconds East, assumed bearing, along a
west line of said Outlot B, a distance of 245.75 feet to a southwest corner of said Outlot
B; thence north 89 degrees 35 minutes 11 seconds East, along a south line of said Outlot
B, a distance of 6.02 feet to the point of beginning; thence North 00 degrees 24 minutes
46 seconds West, a distance of 31.56 feet; thence North 89 degrees 35 minutes 11
seconds East, a distance of 45.00 feet; thence South 00 degrees 24 minutes 49 seconds
East, a distance of 31.56 feet to said south line of Outlot B; thence South 89 degrees 35
minutes 11 seconds West, along said south line of Outlot B, a distance of 45.00 feet to the
point of beginning.
AND
The south 20.50 feet of Lot l, Block 2, Dakota Acres, according to the recorded plat
thereof, Scott County, Minnesota and that part of Outlot B, said Dakota Acres, described
as follows: Beginning at the southeast corner of said Lot l; thence South 00 degrees 23
minutes 54 seconds West, along the southerly extension of the east line of said Lot 1, a
distance of 9175 feet; thence South 31 degrees 53 minutes 32 seconds West, a distance of
892 feet to a southwest corner of said Outlot B; thence North 89 degrees 36 minutes 06
seconds West, along a south line of said Outlot B, a distance of 40.34 feet; thence North
00 degrees 23 minutes 54 seconds West, a distance of 17.36 feet to the southwest corner
of said Lot 1; thence South 89 degrees 36 minutes 06 seconds East, along the south line
of said Lot 1, a distance of 45.00 feet to the point of beginning.
("Property")
Section 2. PUD Zonine. The City hereby amends the Planned Unit Development District,
PUD for the Property, in its entirety, as provided in this Section. The Property shall be subject to
the requirements of the R-4 High Density Residential District except as follows:
R4 District Re uirements A roved for Dakota Acres 19� Addition
Multiple Family Dwellings Multiple Family Dwellings containing less than
Permitted Uses Containing more than 8 units 8 units, as de icted on lans dated 6/21/18
Front setback to curb 30' 3' for single unit building
of private street 20' for a114-unit and 7-unit buildings
Setback between 20' 10' to 55' (25' average) as depicted on plans
buildings dated 6/21/18
Setback to periphery 30' S' along west side, as depicted on plans dated
ro e lines 6/21/18
�
Setback to major 30'
collector street
Easements 10' along perimeter and 5' Not required along western property line or
along interior lot lines interior lot lines
Building Minimum 25% of all
Design/Exterior Finish building facades shall have Stone on front and sides of buildings, as depicted
11-25D-8 an exterior of brick, stucco or on proposed building elevations dated l 1/19/17.
stone
Garage Stall Area & Attached garage of minimum Attached garages of 418 sq ft minimum & 19'
Width 540 sq ft& minimum width minimum width
of 20'
B. Develoament Plans. The plat shall be developed in accordance with the following plans.
The plans shall not be attached.
Plan A— Dakota Acres ls` Addition Construction Plans prepared by Larson Engineering
containing seven sheets and dated 9/4/18.
Plan B— Landscaping Plan prepared by RHA Architects, Inc containing one sheet and
dated 8/29/18.
C. Regulations. The PUD must be maintained and comply with the following conditions:
l. Patios. Ground level patios must be provided for all townhome units. Patios shall
not exceed 8' x 8' in size and may not encroach into adjacent properties, except
that they may encroach into the common area outlot subject to the same being
permitted by the homeowners association. Privacy fences constructed of wood,
vinyl or brick and of consistent design shall be provided between rear yard patio
areas prior to issuance of a certificate of occupancy. Three and four season porch
additions may not be added to the townhome units.
2. Mailboxes. Developer shall work with the Elko New Market Postmaster to find an
acceptable location within the development for mailbox banks. Mailboxes shall
be moved off of James Parkway.
3.
4.
Section 3.
following:
Exterior Finishes. Townhome buildings shall contain not less than three earth-
tone colors. Adjacent townhome buildings on the same side of the street shall not
be identical in color.
Garbage Receptacles. Garbage receptacles shall be stored within garages or fully
screened from view.
Section 11-28C-21 of the Elko New Market City Code is amended to add the
PUD-7: Dakota Acres ls` Addition, Ordinance No. 176
Section 4. Zoning Maa. The zoning map of the City of Elko New Market shall not be
republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on
file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this
ordinance, and all of the notations, references, and other information shown thereon are hereby
incorporated by reference and made a part of this ordinance.
Section 5. Effective Date. This ordinance shall be effective upon its passage by the City
Council.
PASSED AND ADOPTED this 27`�' day of September, 2018, by the City Council of the
City of Elko New Market.
CITY OF ELKO NEW MARKET
ATTEST:
���
Sandra Green, City Clerk
BY:
Robert rawford, yor
3
City of
Elk -�-1
River
Councilmember
adoption:
introduced the follo�ving resolution and moved its
Resolution 24-
A Resolution of the City of Elk River Approving Notice of Summary
Publication of Ordinance #_-_ An Ordinance Amending the Review
Procedures for Planned Unit Developments
WHEREAS, on January 16, 2024, the Elk River Cityr Council adopted OYdinance
amending Section 30-1564, of the Elk RiveY Code of Ordinances; and
WHEREAS, the proposed ordinance amendment changes the revie`v procedures for a
proposed Planned Unit Development (PUD) from a Conditional Use Permit to an
Ordinance Amendment; and
WHEREAS, the change ��ill improve the public's understanding of the development rights
within a PUD byT documenting the standards within the cityT's code of ordinances; and
WHEREAS, a cop�T of the full text of the ordinance is available for inspection b�T an�T
peYson at the office of the Elk River Cityr CleYk, 13065 Orono PaYkwayr, during regulaY
business hours; and
NOW, THEREFORE, BE IT RESOLVED b�T the CityT Council, byT at least four-fifths
vote, authorizes the publication of the title and summar�T of Ordinance -_
The motion for adoption of the foregoing resolution was duly seconded byT Councilmember
, and upon vote being taken thereon, the follo�ving voted in favor thereo£
and the follo�ving against:
Yesolution was declaYed dulyr passed and adopted.
The follo�ving members �vere present:
and the following absent:
whereupon said
rowEREo er
���V��
Passed and adopted this 16th dayr of Januaryr 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, CityT Clerk
rowEREo er
���V��