4. SR 04-25-1995ITIIi No. 4.
ver MEMORANDUM
TO: Mayor and City Council
FROM: Steven B. Ach, City Planner_..~-~'l~
DATE: April 25, 1995
SUBJECT: Requirements for a PUD Rezoning
Backeround
At the April 10th meeting, the City Council asked staff to prepare a list of
required information that would be considered as part of a PUD rezoning
request. With the understanding a property owner may not have a specific
tenant (user) at the time of the rezoning request, staff has modified the PUD
ordinance to include a minimum list of information to assist the Planning
Commission and City Council in considering an applicant's request for a PUD
rezoning.
• Overview
In addition to outlining the specific requirements to accompany a rezoning to
PUD, the city attorney and myself have taken this opportunity a step further
and reviewed the entire PUD ordinance. The PUD ordinance is attached
with revisions in hold type, while the existing ordinance has been left in
standard type. Amending this ordinance has been on the Planning
Commission and City Council's list of needed amendments for some time.
Conclusion
The proposed amendments and specifically, the requirements to request a
PUD rezoning, will be presented to the City Council Tuesday. If the City
Council finds the changes to the ordinance generally acceptable, staff would
recommend having this ordinance sent to the Planning Commission for their
consideration at their May 23rd public hearing. The ordinance would then be
brought back to the City Council on June 19th to be considered by the City
Council.
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s:council:pud-oa
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
16. Drm Dianne Unit Development Dist__i~t
• STATEMBNT OF PURPOSE: The purpose of this 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. PUD's shall be developed in
accordance with a Concept Plan and a PUD Development Plan, and in
accordance with this Ordinance and the City Subdivision
Regulations. PUD'a shall be consistent with the intent and purpose
of the City Comprehensive Plan and this Ordinance, and shall not
adversely affect property adjacent to the land area to be
developed.
1. Regulations
A. 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 Section 940.12(16y(2)(B} below. A
PUD will be authorized on land in a PUD zoning district
only upon issuance of a Conditional Use Permit, pursuant
to the procedure set forth in Section 900.12(16}(2)(C)
below.
B. The usee allowed in a BUD 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 Conditional Uee Permit for
• the PUD.
C. The area of land to be included in a PUD shall be in
uniform control of the applicant.
D. A PUD shall be designed to form a desirable unified
environment within its proposed boundaries, including
uniform design elements, landscaping, lighting and
aignage.
E. A PUD shall not cause undesirable impacts on adjacent
lands and land uses. In particular, usee on the PUD
perimeter shall be compatible with adjacent usee outside
the PUD.
F. A PUD shall be served by adequate transportation, water,
sanitary sewer and drainage systems.
G. A PUD shall not adversely affect existing or proposed
parka, schools, streets or other public facilities.
H. The Council may establish varied and reasonable lot area,
frontage, aide 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 Comprehensive
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Plan and not adversely affect the public health, safety
and welfare.
• I. More than one principal building may be constructed on a
lot within a PUD if authorized by the Council. Uniesa
otherwise permitted by the Council, PUDS shall comply with
the Schedule of Dimensional Regulations set forth in this
zoning ordinance, except that individual lots shall have,
no less than eighty (80~) of the minimum area for similar
uaea. "
2, nAm~n+arrative Procedure
A. Preano~i~at~on Reviet~ Prior to making application for
rezoning or a CUP, any person may submit a PUD Concept
Plan to the City requesting staff and Planning Commission
review and advisory comment.
g, tzo~..r~ng r PUD District.
i, 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:
~ A drawing showing existing conditions such as
property boundaries, generalized elevations,
• site features such as wetlands and wooded areas,
and surrounding land uaea and development.
~ 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.
~ Generalized traffic information including
maximum traffic volumes generated by the PUD,
proposed new roadways and proposed connections
and improvements to existing roads.
c A Conceptual Plan for serving the PUD with
sanitary sewer, water and storm sewer
facilities.
11. vi an*~~ ng_ Co,~uu{scion and Ca tv 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 Section 900.12(16)(1) above and
the standards set Earth in this Zoning Ordinance for
approval of a rezoning.
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iii. ~poroval of Rezonina. 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 Section 900.12(16){i} above an8 the standards set
forth in this Zoning Ordinance for approval of a rezoning.
if the Council approves rezoning to the PUD district, the
rezoning action shall include:
° approval by the City Council of a Concept Plan
for the PUD zoning district; and
° approval by the City Council of generalized land
uses to be permitted in the PUD zoning district.
The City Council 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.
C. Annroval of PUD.
i. ~pnli_ cation. The proponents of a proposed PUD shall
submit an application for a conditional use permit 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 Zoning
Ordinance for applications for Conditional Use Permits and
• preliminary plats, and shall address the PUD Regulations
set forth in Section 900.12(16)(1) above.
11. y1 a>Lni ~q cet>tmi ass on 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 Section
900.12(16)(1) above, the standards set forth in this
Zoning Ordinance for approval of Conditional Use Permits
and the standards set forth in the subdivision Ordinance
for approval of a preliminary plat
iii. ~orovai of Conditional Uae Permit. The City
Council shall approve the Conditional Use Permit and
preliminary plat for a PUD only if it finds that the
proposed PUD complies with the concept plan for the PUD
zoning district, the PUD regulations set forth in Section
900.12(16)(1) above, the standards set forth 1n this
Zoning Ordinance for approval of Conditional Uae Permits
and the standards set forth in the 3ubdiviaion Ordinance
for approval of a preliminary plat. If the conditional
use permit and the preliminary plat are approved, the
preliminary plat and the Development Plan for the PUD
shall be attached to and become part of the conditional
use permit. Any modification of the conditional use
• permit, the preliminary plat or the PUD Development Plan
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must be approved by the Planning Commission and the
Council. The Council may approve the entire BUD or one or
• more stages of the same and may establish conditions
respecting the approval as provided in Section 900.42.
iv. pi7D Development Plan. If the Council apgroves the
Conditional Use Permit for the Planned Unit Development,
approval of the CUP shall include approval of a specific
PUD Development Plan. The PUD Development Plan 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.
~ Building elevations illustrating uniform design
elements, building materials and color schemes.
~ A plan for the installation of on-airs and off-
site publio improvements (including utilities,
streets, etc.) necessary to serve the PUD.
A unified landscape plan including berme,.
screening and landscaping materials.
~ A uniform aignage plan including location, type
and size of aignage.
• v. gj~Aareement. Approval of the CUP shall be
contingent on execution by the developer of a PUD
agreement in the form required by the City. The PUD
Agreement shall incorporate the PUD Development Plan,
identify the land uses to be permitted in the BUD and
include such other conditions as the Council shall deem
necessary or appropriate.
D. Fi a_r~_1 Plat, If the conditional use permit is approved,
the final plat shall be submitted to the City in
accordance with the Subdivision Regulations and the
provisions of this ordinance. The final plat shall not be
released for recording until the PUD Agreement is executed
by the Developer.
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