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7.3. SR 07-24-1995~~~ ~~ ( ~ ITEM 7.3. MEMORANDUM ity of ~~ Elk ~ TO: Mayor and City Council Rover FROM: Steven B. Ach, City Planner~,~~ DATE: July 24, 1995 SUBJECT: Ordinance Amendment by the City of Elk River. Public hearing Case No. OA 95-6. Issue The City of Elk River is requesting to amend sections of the zoning ordinance pertaining to Planned Unit Developments. Background Two months ago, staff prepared a revised PUD ordinance, which included a list of information required from the developers to assist the Planning . Commission and City Council in considering rezoning requests property to a planned unit development. This ordinance was presented to the City Council as a draft, and subsequently presented to the Planning Commission at their June 20, 1995, workshop, and June 27, 1995, public hearing. The planned unit development zoning ordinance is an item that has been on the Planning Commission's "to do" list for some time. The amended ordinance, as presented, was acceptable to the Planning Commission, and recommended for approval. Attached are three memos that were previously presented to the City Council. Please review these attached memos as background information for this item as well as the proposed ordinance. Recommendation If the City Council h.nds this ordinance acceptable it is recommended that the City Council approve Ordinance No. 95- ,amending the City Zoning Ordinance regarding planned units developments. C. S: Council/cc7-17sa 13065 Orono Parkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425 • • Memo to the City Council July 17, 1995 Attachments Page 2 • Ordinance No. 95- • Memo to the Planning Commission dated June 27, 1995. • Memos to the Mayor and City Council dated April 5, 1995, Apri16, 1995, and Apri125, 1995. S: Council/cc7-17sa ORDINANCE 95 - CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 900.12(16) PUD (PLANNED UNIT DEVELOPMENT) OF THE CITY OF ELK RIVER CODE OF ORDINANCES CASE NO. OA 95-6 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Ordinance of the City of Elk River is hereby amended to read as follows: See Attached • Section 2. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 24th day of July 1995, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk C] s:ordinance:0oa95-6 • 16. PCB Planned Unit Develornnent District STATEMENT 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 P[7D Development Plan, and in accordance with this Ordinance and the City Subdivision Regulations. PUD's 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. 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 900.12(16)(2)(B) below. A PUD will be authorized on land in a PUD zoning district only upon issuance of a Conditional Use Pezmit, pursuant to the procedure set forth in Section 900.12 (1~6) (2} (C) below. B. 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 Conditional Use Pernit 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 ~environrnent within its proposed boundaries, including uniform design elements, landscaping, lighting and signage. E. 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 . 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 parks, schools, streets or other public facilities. H. The Council may establish varied and rea9onable lot area, frontage, side yard, and setback requirements for a PUD • and may authorize a density which it determines to be Any permitted der the circumstances r i t . app a e un opr density shall be consistent with the City Comprehensive -~ - ,- 1 1 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. Unless 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 Iess than eighty (80~) of the minimum area for similar uses. ' 2, A~minigr_rative Procedure A. ~rpat~t~li~atinn Review. 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. B. Rezoning to PUD District. i. g~,lication. 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 uses 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. ° A Conceptual Plan for sewing the PUD with sanitary sewer, water and storm sewer facilities. ii. Planninq Commission end City Council Review. The Planning Cor~unission 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 forth in this Zoning Ordinance for • approval of.a rezoning. 2. iii. Annroval of Rezoning. 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)(1) above and the standards get 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. Apt~roval of PUD, i. Application. 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. ii. Planning commission and Citv 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. AFgroval of Conditional Use Permit. The City Council shall approve the Conditional Use Permit and preliminary plat for a PUD~ only if it f Inds 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 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. If the conditional use permit and the preliminary plat are approved, the preliminary plat and the Development Plan for the PU'D • 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 3. 1 must be approved by the Planning Commission and the • Council. The Council may approve the entire PUD or one or more stages of the same and may establish conditions respecting the approval as provided in Section 900.42. iv. PUD Development Plan. If the Council approves 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, parka and open spaces. ° Building elevations illustrating unifozrn design elements, building materials and color schemes. ° A plan for the installation of on-site and off- site public improvements (including utilities, streets, etc.) necessary to serve the PUD. ° A unified landscape plan including berms,. screening and landscaping materials. ° A uniform signage plan including location, type • and size of signage. v. PUD Agreement. 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 PUD and include such other conditions as the Council shall deem necessary or appropriate. D. Final 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. • PKB:J98s 4. s •~