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�� <br />1 1 <br />MEMORANDUM <br />TO: Zachary Carlton <br />Fxo1v1: Andrea McDowell Poehler <br />DATE: November 30, 2023 <br />RE: Processing of Planned Unit Developments <br />INTRODUCTION <br />City staff may want to consider a modification to the Elk River City Code which would change <br />the means by which planned unit development (PUD's) are processed. Such change is intended <br />to better reflect the legal authority given to cities regarding such planning tool. <br />DISCUSSION <br />The City of Elk River currently provides for approval of planned unit developments through <br />rezoning of property to a freestanding PUD Zoning District, using a conditional use permit <br />application. Elk River City Code Sec. 30-1564. With the rezoning, the City requires approval of <br />a PUD agreement that sets for the terms of the PUD. Thus, each property rezoning to PUD will <br />have a coordinating PUD Agreement recorded against the property that sets forth the terms of this <br />PUD. This is often combined with a development contract that sets forth the subdivision <br />provisions specific to the property as part of the platting process. This has been a common practice <br />of communities for many years. <br />However, as the PUD Agreement is not specifically identified by statutory authority, many cities <br />are moving away from the PUD Agreement concept in favor of specifying the specific standards <br />(or deviations from an underlying zone) within the actual ordinance that rezones property to PUD, <br />either within the City Code itself or by a separate stand-alone ordinance specific to the property to <br />be rezoned. This method provides greater legal standing through approval of the PUD terms within <br />the actual PUD ordinance. <br />In addition to greater legal viability, the PUD ordinance option: <br />Provides an easier method for determining the actual restrictions related to the specific <br />property. Using a PUD Agreement requires the City or other interested party to obtain a <br />copy of the PUD Agreement and all amendments to review the current status of the <br />restrictions on the property. <br />22�o1sv2 <br />