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Often PUD agreements are used to adjust a commercial development to address concerns raised during <br />the time of project approval. However, it is staffls opinion that these concerns lessen over time, and <br />unfortunately works to hamper business development in the area, either by being too restrictive <br />(Barrington Square) or by being too confusing or onerous to new businesses (Barrington Place). It <br />appears that the PUD agreement is no longer consistent with the needs of the commercial market and has <br />outlived its usefulness. <br />With the embedded references to other zoning districts, exceptions, and numerous amendments, it is <br />difficult to quickly, efficiently, and clearly communicate with the public on what can or cannot be <br />completed in the development. For example, a simple setback request requires research to determine <br />"those established by the city's zoning ordinance in effect at the time of final plat approval." This should <br />typically be a 30 second answer available on the website, but because the PUD did not establish minimum. <br />setbacks for the residential, it took staff a couple of hours to gather necessary information and respond to <br />the property owner. To address these issues, staff recommends rezoning the PUD to either C-3 zoning, <br />or a new district created to incorporate the original goals of the development. <br />The Council may recall in 2010 the city rezoned the Elk River Plaza planned unit development (Movie <br />Theater/Freeport area) to MU - ERP, a new district created based closely on the current development <br />patterns and uses. <br />To accomplish this, staff envisions the following process: <br />• Initial mailing explaining what is going on (mailed to business and property owners in and <br />within 350-feet of the project) <br />• Open house meeting further explaining what is going on and why <br />• Planning Commission public hearing <br />• City Council public hearing <br />ATTACHMENTS <br />None <br />ACTION Morton by Second by Vote <br />FOLLOW UP <br />1 0/ E 9 E 1 1 1 <br />~~~ <br />