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ORD 24-05of .ver Ordinance 24 - 05 Strikedifeughs to be removed Underlines to be added An Ordinance Amending Section, 30-1564, PUD Planned Unit Development District, of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby 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 follows: Sec. 30-1564. PUD planned unit development district. (a) Purpose. The purpose of the PUD district is to provide opportunities for creative development and design flexibility by 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 city subdivision regulations (article V of this chapter). A PUD shall be consistent with the intent and purpose of the city comprehensive plan and this article, and shall not adversely affect property adjacent to the land area to be developed. (b) Standards (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 will be authorized on land in a PUD zoning district only upon roval of an ordinance rezoning the land to PUD pursuant to the procedure set forth in this section. (2) The uses allowed in a PUD shall be limited to land uses consistent with the city's comprehensive plan and land use map, and to those uses identified in the concept plan for the PUD zoning district and the eanditional use p ordinance established for 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 within 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 by adequate transportation, water, sanitary sewer and drainage systems. kJ (7) A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities. Last Updated January 2023 StAtediretighs to be removed Underlines to be added (8) The council may establish varied and reasonable lot area, frontage, side yard, and setback requirements for a PUD and may authorize a density which it determines to be appropriate under the circumstances. Any permitted density shall be consistent with the city's comprehensive plan and not adversely affect the public health, safety and welfare. (9) More than one principal building may be constructed on a lot within a PUD if authorized by the council. Unless otherwise permitted by the council, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except that individual lots shall have no less than $0-50 percent of the minimum area for similar uses. (c) Approval procedure. (1) Preapplication review. Prior to making application for rezoning to PUD, am person may submit a PUD i , concept plan to the city requesting staff and planning commission review and advisory comment. (2) Be.Zoning to PUD district. a. Application. The owner 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: 1. A drawing showing existing conditions such as property boundaries, generalized elevations, site features such as wetlands and wooded areas, and surrounding land uses and development. 2. A conceptual site plan showing proposed uses and general site data such as building locations, density, setbacks, ponding areas, parking areas and generalized screening, buffering and landscaping concepts. 3. Generalized traffic information including maximum traffic volumes generated by the PUD, proposed new roadways and proposed connections and improvements to existing roads. 4. A conceptual plan for serving the PUD with sanitary sewer, water and storm sewer facilities. b. Planning commission and city council review. The planning commission and city 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. Approval of re.Zoning. 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 action shall include: 1. Approval by the city council of a concept plan for the PUD zoning district; and 2. Approval by the city council of generalized land uses to be permitted in the PUD zoning district. Last Updated January 2023 F 1 1 E 1 f 1 1 1 NATURE Stiikefl-Aeugks to be removed Underlines to be added The city ordinance enacting the rezoning shall specifically incorporate the concept plan and establish the generalized land uses to be permitted in the approved PUD zoning district. This ordinance shall be recorded against the property rezoned. (3) Approval of PUD. a. Application. The proponents of a proposed PUD shall submit an application €e" for rezoning to PUD and, if applicable, a preliminary subdivision plat to the planning commission and council. The application materials shall comply with the requirements set forth in this article for applications for xezonin, and preliminary plats, and shall address the PUD regulations set forth in this section. b. Planning commission and city council review. The planning commission and city council shall review PUD proposals based on the concept plan for the PUD zoning district, the PUD regulations set forth in this section, the standards set forth in this article for 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. Approval of tv ape a onin� to PUD. The cit-v council shall al)yrove a rezoning to PUD and prelimonly if 12lat for a PUD oif it finds that the proposed PUD complies with the comprehensive plan, the PUD regulations set forth in this section, the standards set forth in this article for approval of a PUD and the standards set forth in the subdivision regulations(article V of this chapter) for approval of a preliminary plat If the rezoning to PUD and the preliminan plat are approved, the allowed uses, dimensional standards, and other PUD standards shall be included in the ordinance rezoning the propeny to PUD. Any modification of the PUD ordinance, the preliminan-plat or the PUD development flan must be reviewed by the planning commission and approved by the cit) council in accordance with the r uirements of the Ci r's zoning and subdivision 12 rovisions of the City Code. the eendifiefift! use pei!fttit; the prehritinsil- plat or- the preliminary plat fef a PUP erAy if it finds that the proposed P14D eemplies with iele.. d. PUD developmentplan. If the council approves the ezomng to PUD for the planned unit development, aPPreavad of thea4 use p tordinance shall include specific PUD development plaftstandards. The PUD development plan -standards shall include: 1. A site plan for the PUD, including location, size and use of all lots, buildings, parking areas, ponding areas, parks and open spaces. Last Updated January 2023 rIIFIEI It NATURE SwIed--roughs to be removed Underlines 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.) necessary to serve the PUD. 4. A unified landscape plan including berms, screening and landscaping materials. 5. A uniform signage plan including location, type and size of signage. e. exeettfion by the Je-Moper of tt PUD agreement in the fbiam reqti4ed by- the (4) Final plat. If the eonditional use petftvttezoning to PUD is approved, the final plat shall be submitted to the city in accordance with the subdivision regulations (article V of this chapter) and the provisions of this article. The final plat shall not be released for recording until the PUD areemeritordinance has been approved by the City, Council and ,published in accordance with state and local standards. . ( Additional Rer uhrmnts a. Records kLe4t: The zoning administrator shall maintain a record of all PUD districts approved by the city, including information on a projeces 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 QjA,pp&alion. Any application under this article may be Rrithdrawn by an applicant without prejudice at any time prior to final cin- council action thereon, c. Cont eLirnee O fPm a • Milbin A PUD: In the event that aM real propeM, within an approved PUD is cony, e�,ed in total or in part. the subsequent owner(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 proper nonconforming with regard to normal zoning standards as long as the convged_proper . conforms with the ag=roved PUD and the development plan for a rp' ect. [6) Preexistin� PUDs. PUDs which predate Januan, 16, 2024, will remain in force except as orher%vise amended under the city's zonng ors C7) PUD Districts and Entitlements PUDs aplsroved on or after-] anuar#• 16, 2024, and their approved entitlement are provided as follows: Last Updated January 2023 ►IRtAEI 1i NATURE Sttikethrsxghs to be removed Underlines to be added SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 16th day of January, 2024. Wjn ietz, yor ATTEST: Tina Allard, City Clerk Last Updated January 2023 R URE 0 V E 0 E 0 0 Y �riA�'