4.10a SR 10-05-2020 - Laserfiche WebLink

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(b) Each site plan approval request shall be accompanied by such plans and supporting materials as City staff shall require, and shall be reviewed by the Planning Commission and City Council in a public hearing held thereon before approval. (c) Site plan approval shall be granted only if the City Council finds that the proposed site plan is consistent with the terms and conditions of the CUP for the Project, this Amended PUD Agreement, applicable City Ordinance requirements and all other legal requirements. City reserves the right to refuse approval of an individual site plan if, in the City Council’s judgment, this condition is not met. (d) The City Council may, when approving individual site plans, impose such conditions as it shall deem necessary to insure that the Project complies with the requirements of the PUD Agreement, as amended from time to time, the Amended PUD Agreement, the CUP, as amended from time to time, and the City Code of Ordinances. (02) Conditional Use Permit Approval - In addition to the site plan approval process set forth above, a CUP shall be applied for and approved, pursuant to the Elk River Zoning Ordinance, for any other use in the Subdivision. Each such conditional use shall be considered and acted upon by the City Council pursuant to the standards set forth in the Zoning Ordinance for conditional uses, as well as the standards and requirements set forth in the PUD Agreement, and all amendments and attachments hereto. (03) Planned Unit Development Amendment - In addition to site plan approval and CUP approval for individual lots and sites within the Project, any substantial revision to the Plans identified in paragraph 3 of this Amended PUD Agreement shall require an amendment, by CUP, of the Planned Unit Development. 6.) Maintenance of Project Areas – (01) Maintenance Agreements - Developer shall provide evidence of satisfactory provision for control and maintenance of jointly used or commonly owned parking, drainage and landscaped areas within the Project. Reciprocal maintenance, parking and access easements shall be provided to and approved by the City Attorney prior to the issuance of certificates of occupancy so as to insure satisfactory control, ownership and maintenance. These agreements shall provide that the Developer and its successors shall be obligated to maintain all common areas, drainage areas, outlots and landscaping in the Project. (02) Enforcement - Failure of Developer or a Third Party to meet its maintenance obligations under this paragraph will be grounds for City to invoke against that party any remedy which City has under the PUD Agreement, and this Amended PUD Agreement. 4. N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 20-07 CB Elk River Housing Limited Partnership\\5-City Council\\Planned Unit Development Agreement.doc