Editor's note— Ord. No. 18-03, § 10, adopted March 19, 2018, repealed § 30-1562, which pertained to A-1 agricultural conservation district and derived from Code 1982, § 900.12(4); Ord. No. 99-32, § 2(900.12(4)(A), (4)(C)), adopted Nov. 15, 1999; Ord. No. 01-01, § 2, adopted Jan. 16, 2001; Ord. No. 03-16, § 2, adopted Oct. 20, 2003; Ord. No. 05-05, § 5, adopted March 21, 2005; Ord. No. 05-08, § 1, adopted April 4, 2005.

(a)

Purpose. The purpose of the PF district is to allow certain public infrastructure in a unique district.

(b)

Permitted uses. Permitted uses in the PF district are as follows:

(1)

Schools, public.

(2)

Water supply production and distribution facilities.

(c)

Accessory uses. Accessory uses in the PF district are as follows:

None.

(d)

Conditional uses. Conditional uses in the PF district are as follows:

None.

(a)

Purpose. The purpose of the PUD 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. Planned unit developments (PUDs) shall be developed in accordance with a concept plan and a PUD development plan, and in accordance with this article and the city subdivision regulations (article V of this chapter). A PUD shall be consistent with the intent and purpose of the city comprehensive plan and this article, and shall not adversely affect property adjacent to the land area to be developed.

(b)

Standards.

(1)

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 this section. A PUD will be authorized on land in a PUD zoning district only upon approval of an ordinance rezoning the land to PUD, pursuant to the procedure set forth in this section.

(2)

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 ordinance established for the PUD.

(3)

The area of land to be included in a PUD shall be in uniform control of the applicant.

(4)

A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform design elements, landscaping, lighting, and signage.

(5)

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.

(6)

A PUD shall be served by adequate transportation, water, sanitary sewer, and drainage systems.

(7)

A PUD shall not adversely affect existing or proposed parks, schools, streets, or other public facilities.

(8)

The council may establish varied and reasonable lot area, frontage, side 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's comprehensive plan and not adversely affect the public health, safety, and welfare.

(9)

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, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except that individual lots shall have no less than 50 percent of the minimum area for similar uses.

(c)

Approval procedure.

(1)

Preapplication review. Prior to making application for rezoning to PUD, any person may submit a PUD concept plan to the city requesting staff and planning commission review and advisory comment.

(2)

Rezoning to PUD district.

a.

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:

1.

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.

2.

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.

3.

Generalized traffic information including maximum traffic volumes generated by the PUD, proposed new roadways, and proposed connections and improvements to existing roads.

4.

A conceptual plan for serving the PUD with sanitary sewer, water, and storm sewer facilities.

b.

Planning commission and city 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 this section and the standards set forth in this article for approval of a rezoning.

c.

Approval 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 this section and the standards set forth in this article for approval of a rezoning. If the council approves rezoning to the PUD district, the rezoning action shall include:

1.

Approval by the city council of a concept plan for the PUD zoning district; and

2.

Approval by the city council of generalized land uses to be permitted in the PUD zoning district.

The city 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 section shall be recorded against the property rezoned.

(3)

Approval of PUD.

a.

Application. The proponents of a proposed PUD shall submit an application for rezoning to PUD 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 article for applications for rezoning and preliminary plats, and shall address the PUD regulations set forth in this section.

b.

Planning commission 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 this section, the standards set forth in this article for approval of conditional use permits and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat.

c.

Approval of rezoning to PUD. The city council shall approve a rezoning to PUD and preliminary plat for a PUD only if it finds that the proposed PUD complies with the comprehensive plan, the PUD regulations set forth in this section, the standards set forth in this article for approval of a PUD and the standards set forth in the subdivision regulations (article V of this chapter) for approval of a preliminary plat. If the rezoning to PUD and the preliminary plat are approved, the allowed uses, dimensional standards, and other PUD standards shall be included in the ordinance rezoning the property to PUD. Any modification of the PUD ordinance, the preliminary plat or the PUD development plan must be reviewed by the planning commission and approved by the city council in accordance with the requirements of the city's zoning and subdivision provisions of the city code.

d.

PUD development plan. If the council approves the rezoning to PUD for the planned unit development, the ordinance shall include specific PUD development standards. The PUD development standards shall include:

1.

A site plan for the PUD, including location, size and use of all lots, buildings, parking areas, ponding areas, parks, and open spaces.

2.

Building elevations illustrating uniform design elements, building materials and color schemes.

3.

A plan for the installation of on-site and off-site public improvements (including utilities, streets, etc.) necessary to serve the PUD.

4.

A unified landscape plan including berms, screening, and landscaping materials.

5.

A uniform signage plan including location, type, and size of signage.

e.

Reserved.

(4)

Final plat. If the rezoning to PUD is approved, the final plat shall be submitted to the city in accordance with the subdivision regulations (article V of this chapter) and the provisions of this article. The final plat shall not be released for recording until the ordinance has been approved by the city council and published in accordance with state and local standards.

(5)

Additional requirements.

a.

Records kept: The zoning administrator shall maintain a record of all PUD districts approved by the city, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the zoning administrator may deem appropriate.

b.

Withdrawal of application: Any application under this article may be withdrawn by an applicant without prejudice at any time prior to final city council action thereon.

c.

Conveyance of property within a PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the subsequent owner(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this subsection shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the development plan for a project.

(6)

Preexisting PUDs. PUDs which predate January 16, 2024, will remain in force except as otherwise amended under the city's zoning ordinance.

(7)

PUD districts and entitlements. PUDs approved on or after January 16, 2024, and their approved entitlement are provided as follows:

(Code 1982, § 900.12(17) ; Ord. No. 24-05, § 1, 1-16-2024)

(a)

Purpose. The agricultural research district is established for the purpose of preserving and maintaining the use of land for agricultural research.

(b)

Permitted uses. Permitted uses in the AR district are as follows:

(1)

Roadside sales stands (in connection with approved agricultural research facilities).

(2)

Public parks.

(c)

Accessory uses. Accessory uses in the AR district are as follows:

(1)

Parking lots.

(2)

Private recreational facilities.

(3)

Structures, accessory.

(d)

Conditional uses. Conditional uses in the AR district are as follows:

(1)

Agricultural research facilities.

(2)

Agricultural uses.

(e)

Standards. Additional standards in the AR district are as follows:

Landscaping shall be provided in accordance with article VI, division 5, subdivision IV, of this chapter.

(2)

Signage. In addition to complying with article VI, division 5, subdivision II, of this chapter, the following requirements shall be met: One freestanding monument style sign shall be allowed, not to exceed ten feet in height and 64 square feet in sign area.

(Ord. No. 01-08, § 3, 6-18-2001; Ord. No. 18-03, § 11, 3-19-2018)

_____

Principal structures shall comply with the following dimensional regulations:

¹ Provided a parcel is 40 acres or more it may be subdivided, with a density of one lot per ten acres with a 2½ acre minimum lot. A master plan for the area is required. The master plan should include future lot configurations, density, transportation, Natural Resource Inventory (NRI) and connections with adjacent areas.

Example: Sixty acres can be subdivided into six lots (one lot per ten acres); lot sizes with a minimum of 2.5 acres. With this example five lots can be 2.5 acres lots and one lot can be 47.5 acres (total 60 acres); not exceeding the one lot per ten acre requirement and no lots less than 2.5 acres.

(Code 1982, § 900.18(1); Ord. No. 06-15, § 1, 12-18-2006, Ord. No. 07-09, § 2, 7-16-2007)

Accessory structures shall comply with the following dimensional regulations:

¹ A maximum of one story is permitted.

² Agricultural buildings shall comply with all regular setback requirements for accessory structures.

³ Swimming pools shall be set back a minimum of eight feet from the side yard and rear yard lot lines and must comply with the required front yard setback as per this subdivision II. Swimming pools must comply with the fencing requirements found in section 30-796.

⁴ Accessory structures shall comply with the size limitations as prescribed for lots in the R-1a district, as outlined in section 30-793(b).

(Code 1982, § 900.18(2); Ord. No. 07-09, § 3, 7-16-2007; Ord. No. 15-31, § 4, 9-21-2015)

_____

(a)

Purpose.

(1)

To allow existing uses to remain conforming until such time as redevelopment is consistent with the comprehensive guide plan, at which time the city will consider changing the zoning designation.

(2)

To provide for orderly redevelopment of contiguous parcels of land.

(3)

To discourage piecemeal, lot-by-lot development or leapfrog development that would result in the isolation or inefficient re-use of existing parcels of land.

(4)

To ensure that contiguous parcels of land are served with adequate access and public infrastructure and that appropriate right-of-way width is established.

(b)

Permitted uses.

(1)

Agriculture uses (ten-acre lots or more).

(2)

Horticultural uses (ten-acre lots or more. Conditional use permit in preserved open space).

(3)

Public parks.

(4)

Residential, single-family.

(c)

Accessory uses.

(1)

Outdoor storage.

(2)

Parking lots.

(3)

Signs (as permitted in section 30-851 et seq.).

(4)

Structures, accessory.

(5)

Wayside stands (in preserved open space).

(d)

Interim uses. Interim uses shall be permitted for no more than five years, or when the property is platted, whichever occurs first. The city may require a[n] escrow to ensure the conditions of the interim use are adhered to.

(1)

Asphalt and concrete plant.

(2)

Business offices (maximum gross floor area of 10,000 square feet).

(3)

Commercial recreations facilities.

(4)

Cooperative gardening (in preserved open space).

(5)

Gravel mining.

(6)

Horticulture uses (in preserved open space).

(7)

Kennels, commercial.

(8)

Residential occupations.

(9)

Stables, private (in preserved open space).

(10)

Veterinary clinics.

(11)

Wind turbines.

(Ord. No. 07-09, § 1, 7-16-2007; Ord. No. 07-21, § 1, 12-17-2007; Ord. No. 08-15, § 1, 11-17-2008; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 18-03, § 12, 3-19-2018; Ord. No. 23-24, § 9, 11-20-2023)

(a)

Purpose. The purpose of the mixed use Elk River plaza district is to codify the planned unit development into a single zoning district with three subsections: Commercial, single-family, and multiple-family.

(b)

Subzone A. Multiple-family residential.

(1)

Permitted uses are as follows:

a.

Residential, multiple family.

b.

Residential, single family.

c.

Townhouse, attached.

(2)

Accessory uses are as follows:

a.

Accessory structures.

b.

Public shelters.

c.

Residential occupations.

(c)

Subzone B. Single-family residential.

(1)

Permitted uses are as follows:

a.

Single-family residential.

(2)

Accessory uses are as follows:

a.

Accessory structures.

b.

Residential occupations.

(d)

Subzone C. Commercial.

(1)

Permitted uses are as follows:

a.

Business and professional offices.

b.

Class I restaurants.

c.

Nurseries, produce markets, and garden centers, which may include outdoor display.

d.

Outpatient health care facilities.

e.

Personal service establishments.

f.

Physical recreation or training.

g.

Public parks.

h.

Retail shops and stores.

i.

Sale of firearms.

j.

Zero lot line development.

(2)

Accessory uses are as follows:

a.

Off-street parking facilities.

b.

Off-street parking facilities.

c.

Public shelters.

(3)

Conditional uses are as follows:

a.

Carwashes.

b.

Class II restaurants.

c.

Commercial recreation, outdoor.

d.

Commercial recreational facilities, indoor.

e.

Dry cleaning establishment.

f.

Enclosed light manufacturing with related retail sales.

g.

Equipment rental businesses with no outdoor storage.

h.

Financial institutions.

i.

Funeral parlors.

j.

Governmental offices.

k.

Health care facilities, outpatient.

l.

Licensed day care facilities.

m.

Motor vehicle specialty shops.

n.

Nonprofit clubs, lodges, or halls.

o.

On-sale liquor establishments.

p.

Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches, and other pawnshops, measured from the property line).

q.

Produce markets.

r.

Religious institutions.

s.

Sauna establishments.

t.

Shopping centers.

u.

Veterinary clinics.

(Ord. No. 10-08, § 1, 6-21-2010; Ord. No. 15-34, § 1, 12-21-2015; Ord. No. 16-07, § 3, 4-18-2016; Ord. No. 16-10, § 1, 5-16-2016; Ord. No. 19-01, § 1, 1-22-2019; Ord. No. 19-12, § 1, 6-3-2019; Ord. No. 19-15, § 13, 8-19-2019; Ord. No. 20-03, § 3, 3-16-2020; Ord. No. 23-24, § 10, 11-20-2023)

Editor's note— Section 1 of Ord. No. 10-08, adopted June 21, 2010, set out a provision designated as § 30-1600. For stylistic purposes and at the discretion of the editor, this provision has been redesignated as § 30-1584.

_____

Principle structures shall comply with the following dimensional requirements:

(Ord. No. 10-08, § 2, 6-21-2010)

Editor's note— Section 2 of Ord. No. 10-08, adopted June 21, 2010, set out a provision designated as § 30-1601. For stylistic purposes and at the discretion of the editor, this provision has been redesignated as § 30-1585.

Accessory structures shall comply with the following dimensional requirements:

(Ord. No. 10-08, § 3, 6-21-2010)

Editor's note— Section 3 of Ord. No. 10-08, adopted June 21, 2010, set out a provision designated as § 30-1602. For stylistic purposes and at the discretion of the editor, this provision has been redesignated as § 30-1586.

_____

The focused area study (FAST) district is established to provide land use, architectural, and bulk regulations to the 900 acres of property located on each side of Highway 10/169 between 177th Avenue and 185th Avenue.

The FAST is intended to incorporate the findings and recommendations developed from the 171 ^st focused area study and as amended from time to time. Because of the diverse range of activities envisioned within the district, all within a common master plan, zoning is regulated through the development of sub-zones. The subzones are:

(A) The Point.

(B) The Pinnacle.

(C) North Business Park.

(D) Hillside Heights.

(E) Office Village.

(F) River West Residential.

(G) Hwy 10/169 Service Commercial.

(H) The Hinge.

(I) East Elk River Gateway.

(1)

The Point (A).

a.

Purpose. Subzone "A" is established to provide an environment for high density residential development and to maximize the recreational and aesthetic benefits of the river. Most development is less than three stories.

b.

Permitted uses are as follow:

1.

Model homes in compliance with section 30-800.

2.

Public parks.

3.

Residential, apartments.

4.

Residential, multiple-family.

5.

Residential facilities. (One to six persons.)

6.

Townhouses, attached. Section 30-994 subsections (e)—(k) shall apply.

c.

Accessory uses are as follows:

1.

Accessory structures (provided the materials are the same as those of the existing principal structure).

2.

Public shelters.

3.

Signs as permitted in section 30-851 et seq.

d.

Conditional uses are as follows:

1.

Boardinghouses.

2.

Business offices.

3.

Development of property within the 50-foot setback of the wild and scenic river district.

4.

Health care facilities, inpatient.

5.

Health care facilities, outpatient.

6.

Licensed day care facilities (13 or more children).

7.

Nonprofit clubs.

8.

Professional offices.

9.

Residential facilities (seven to 16 persons).

e.

Bulk regulations. Bulk regulations are listed in section 30-1588.

f.

Architectural standards. Architectural standards are outlined in section 30-938.

(2)

The Pinnacle (B).

a.

Purpose. Subzone "B" is established to provide an environment for certain industrial, office, and commercial uses which are compatible with and complement each other. The focus of the district is job creation, where highway visibility is not a necessary component of successful businesses. Most development is less than three stories.

b.

Permitted uses are as follow:

1.

Brewpubs.

2.

Brewer taprooms producing less than 10,000 barrels of malt liquor annually.

3.

Business offices.

4.

Financial institutions.

5.

Governmental facilities.

6.

Health care facilities, outpatient.

7.

Light manufacturing.

8.

Mail order operations.

9.

Physical recreation and training.

10.

Printing shops.

11.

Professional offices.

12.

Public parks.

13.

Research and development facilities.

14.

Restaurants, class I.

15.

Restaurants, class II.

16.

Retail sales establishments.

17.

School, vocational.

18.

Warehouses (not exceeding 50 percent of the entire building).

19.

Wholesale businesses.

c.

Accessory uses are as follows:

1.

Accessory structures (provided the materials are the same as those of the existing principal structure).

2.

Cocktail rooms.

3.

Outdoor storage areas accessory to principal use.

4.

Signs as permitted in section 30-851 et seq.

d.

Conditional uses are as follows:

1.

Bottling and distribution.

2.

Brewer taprooms producing 10,000 or more barrels of malt liquor annually.

3.

Bus storage. Not to exceed ten buses unless the property has direct access to an arterial or collector street.

4.

Commercial recreation facilities.

5.

Development of property within the 50-foot setback of the wild and scenic river district.

6.

Dry cleaning establishments.

7.

Equipment rental.

8.

Firearm sales.

9.

Health care facilities, inpatient.

10.

Hospitals.

11.

Kennels, commercial.

12.

Laundry establishments.

13.

Loading areas (when overhead doors are located in front yards).

14.

Manufacturing, light enclosed with related retail sales.

15.

Microdistilleries.

16.

Motor vehicle repair shops.

17.

Nonprofit clubs.

18.

Recycling processing centers.

19.

Storage tanks.

20.

Telecommunication operations.

21.

Vehicle sales and services.

22.

Warehouse space exceeding 50 percent of the total building floor area up to a maximum of 65 percent.

e.

Bulk regulations. Bulk regulations are listed in section 30-1588.

f.

Architectural standards. Architectural standards are outlined in section 30-938.

(3)

North business park (C).

a.

Purpose. Subzone "C" is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within Subzone "C" will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and commercial uses are allowed where the land use designation is highway business. It is the intent of this section that development reflects common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses.

b.

Permitted uses are as follow:

1.

All uses allowed as a permitted use in section 30-1295 (business park).

c.

Accessory uses are as follows:

1.

All uses allowed as an accessory use in section 30-1295 (business park).

d.

Conditional uses are as follows:

1.

All uses allowed as a conditional use in section 30-1295 (business park).

e.

Bulk regulations. Bulk regulations are listed in sections 30-1311 and 30-1312.

f.

Architectural standards. Architectural standards are outlined in section 30-1295 (business park).

(4)

Hillside heights (D).

a.

Purpose. Subzone "D" establishes an environment that provides a range of housing options and takes advantage of wetland views and woodland typology. The area provides for attached family development, preserving the maximum green space amenities will affording maximum density near employment, transportation, and service centers offered by the other subzones. Most development is less than three stories.

b.

Permitted uses are as follow:

1.

Bed and breakfast establishments, homeowner-occupied.

2.

Business offices.

3.

Kennels, private, on parcels less than five acres.

4.

Professional offices.

5.

Public parks.

6.

Residential, apartments.

7.

Residential, multiple-family. (four units max)

8.

Residential, single-family.

9.

Residential facilities (one to six persons)

10.

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

11.

Towers, up to 60 feet in height.

12.

Townhouse, attached. Section 30-994 subsections (e) through (k) shall apply.

c.

Accessory uses are as follows:

1.

Accessory structures.

2.

Private recreational facilities.

3.

Public shelters.

4.

Residential occupations.

5.

Signs as permitted in section 30-851 et seq.

d.

Conditional uses are as follows:

1.

Bed and breakfast establishments, non-homeowner-occupied.

2.

Cemeteries, minimum lot size four acres.

3.

Cooperative gardening in preserved open space.

4.

Golf courses and country clubs.

5.

Governmental offices.

6.

Floriculture, in preserved open space.

7.

Health care facilities, inpatient.

8.

Horticulture, in preserved open space.

9.

Kennels, commercial.

10.

Kennels, private, on parcels less than five acres.

11.

Licensed day care facilities for 13 or more children.

12.

Residential, multiple-family, provided that business/commercial uses at street level occupy the floor.

13.

Residential facilities (seven to 16 persons)

14.

Stables, private.

15.

Telecommunication operations.

e.

Bulk regulations. Bulk regulations are listed in section 30-1588.

f.

Architectural standards. Architectural standards are outlined in section 30-938.

(5)

Office village (E).

a.

Purpose. Subzone "E" provides for redevelopment toward large office, business center, and showroom businesses. Good visibility but poor access once the transportation system is finalized will yield attractive, destination type development opportunities. The focus of the district is job creation, where highway access is not a necessary component of successful businesses. Most development is less than three stories.

b.

Permitted uses are as follow:

1.

Brewpubs.

2.

Brewer taprooms producing less than 10,000 barrels of malt liquor annually.

3.

Business offices.

4.

Financial institutions.

5.

Firearm sales.

6.

Health care facilities, outpatient.

7.

Mail order operations.

8.

Manufacturing, light.

9.

Personal service establishments.

10.

Physical recreation and training.

11.

Professional offices.

12.

Public parks.

13.

Research and development facilities.

14.

Restaurants, class I.

15.

Restaurants, class II.

16.

Retail sales establishments.

17.

Telecommunication operations.

18.

Therapeutic massage when offered within the confines of a medical or chiropractic clinic.

19.

Warehouse spaces not exceeding 50 percent of the entire building.

20.

Wholesale businesses.

c.

Accessory uses are as follows:

1.

Accessory structures (provided the materials are the same as those of the existing principal structure).

2.

Cocktail rooms.

3.

Outdoor storage areas accessory to principal use.

4.

Signs as permitted in section 30-851 et seq.

d.

Conditional uses are as follows:

1.

Bottling and distribution facilities.

2.

Brewer taprooms producing 10,000 or more barrels of malt liquor annually.

3.

Broadcasting studios and facilities.

4.

Bus storage. Not to exceed ten buses unless the property has direct access to an arterial or collector street.

5.

Carwash facilities.

6.

Commercial recreation facilities.

7.

Development of property within the 50-foot setback of the wild and scenic river district.

8.

Dry cleaning establishments.

9.

Governmental facilities.

10.

Health care facilities, inpatient.

11.

Hospitals.

12.

Hotels.

13.

Kennels, commercial.

14.

Laundry establishments.

15.

Loading areas (when overhead doors are located in front yards).

16.

Manufacturing, light, enclosed with related retail sales.

17.

Microdistilleries.

18.

Motels.

19.

Motor vehicle repair shops.

20.

Motor vehicle service stations.

21.

Motor vehicle specialty shops.

22.

On-sale liquor establishments.

23.

Recycling processing centers.

24.

Sauna establishments.

25.

Shopping centers.

26.

Storage tanks.

27.

Vehicle sales and service.

28.

Veterinary clinics.

29.

Warehouse spaces exceeding 50 percent of the total building floor area up to a maximum of 65 percent.

e.

Bulk regulations. Bulk regulations are listed in section 30-1588.

f.

Architectural standards. Architectural standards are outlined in section 30-938.

(6)

River west residential (F).

a.

Purpose. Subzone "F" provides single-family residences in areas with full municipal public sanitary sewers, storm sewers, and municipal water in areas that are a continuation of existing residential development patterns and the infilling of existing lots in established areas.

b.

Permitted uses are as follow:

1.

Accessory dwelling units.

2.

Bed and breakfast establishments, homeowner-occupied.

3.

Licensed day care facilities for 12 or fewer children.

4.

Model homes in compliance with section 30-800.

5.

Open space preservation development plats within the R-1A district (residential clustering).

6.

Public parks.

7.

Residential, single-family.

8.

Residential facilities (one to six persons).

9.

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

10.

Towers, up to 60 feet in height.

c.

Accessory uses are as follows:

1.

Accessory structures.

2.

Public shelters.

3.

Private recreational facilities.

4.

Residential occupations.

5.

Signs as permitted in section 30-851 et seq.

d.

Conditional uses are as follows:

1.

Bed and breakfast establishments, non-homeowner-occupied.

2.

Cemeteries, minimum lot size four acres.

3.

Educational institutions.

4.

Governmental facilities.

5.

Kennels, private.

6.

Licensed day care facilities in religious institutions.

7.

Religious institutions.

e.

Bulk regulations. Bulk regulations are listed in section 30-1588.

f.

Architectural standards. Architectural standards are outlined in section 30-938.

(7)

Hwy 10/169 Service Commercial (G).

a.

Purpose. Subzone "G" is to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district.

b.

Permitted uses are as follow:

1.

All uses allowed as a permitted use in section 30-1024 (highway commercial).

c.

Accessory uses are as follows:

1.

All uses allowed as an accessory use in section 30-1024 (highway commercial).

d.

Conditional uses are as follows:

1.

All uses allowed as a conditional use in section 30-1024 (highway commercial.

e.

Bulk regulations. Bulk regulations are listed in sections 30-1041 and 30-1042.

f.

Architectural standards. Architectural standards are outlined in section 30-1024 (highway commercial).

(8)

The Hinge (H).

a.

Purpose. Subzone "H" facilitates development that is not centered on access, as anticipated changes to Highway 10 access will impact traditional highway centric uses. Care should be employed to provide site design that can accommodate fronting both 171 ^st and Twin Lakes Parkway. Uses are jobs and services centric, recognizing the shift in traffic patterns. Accessory improvements, i.e., seating, trails, lighting etc. shall be employed to maximize the benefit of the wetlands within the area.

b.

Permitted uses are as follow:

1.

Brewpubs.

2.

Brewer taprooms producing less than 10,000 barrels of malt liquor annually.

3.

Business offices.

4.

Firearm sales.

5.

Health care facilities, outpatient.

6.

Personal service establishments.

7.

Physical recreation and training.

8.

Printing shops.

9.

Professional offices.

10.

Public parks.

11.

Research and development facilities.

12.

Restaurants, class I.

13.

Restaurants, class II.

14.

Retail sales establishments.

15.

Therapeutic massage when offered within the confines of a medical or chiropractic clinic.

c.

Accessory uses are as follows:

1.

Accessory structures (provided the materials are the same as those of the existing principal structure).

2.

Cocktail rooms.

3.

Signs as permitted in section 30-851 et seq.

d.

Conditional uses are as follows:

1.

Brewer taprooms producing 10,000 or more barrels of malt liquor annually.

2.

Commercial recreation facilities.

3.

Dry cleaning establishments.

4.

Financial institutions.

5.

Governmental facilities.

6.

Healthcare facilities.

7.

Hospitals.

8.

Laundry establishments.

9.

Loading areas (when overhead doors are located in front yards).

10.

Mail order operations.

11.

Manufacturing, light.

12.

Microdistilleries.

13.

Motor vehicle repair shops.

14.

Motor vehicle service stations.

15.

Motor vehicle specialty shops.

16.

Nonprofit clubs.

17.

Off-sale liquor stores.

18.

On-sale liquor establishments.

19.

Outdoor storage, provided the storage area is:

i.

Is accessory to a principal permitted or conditional use; and

ii.

Complies with the accessory structure setback requirement applicable to the property; and

iii.

Is no larger than 30 percent of the building area; and

iv.

Includes screening so as to provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object.

a.

Screening shall be consistent with the screening requirements outlined for outdoor storage within the business park zoning district.

20.

Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches, and other pawnshops, measured from the property line).

21.

Shopping centers.

22.

Storage tanks.

23.

Telecommunication operations.

24.

Vehicle sales and service.

25.

Veterinary clinics.

26.

Warehouse spaces exceeding 50 percent of the total building floor area up to a maximum of 65 percent.

e.

Bulk regulations. Bulk regulations applicable to the Point sub-zone are listed in section 30-1588.

f.

Architectural standards. Architectural standards applicable to the Point sub-zone are outlined in section 30-938.

(9)

East Elk River Gateway (I).

a.

Purpose. Subzone "I" is established to provide opportunity for destination retail and service developments immediately adjacent to the Highway 10/ Twin Lakes Road intersection. Closer to the river, uses transition to multiple-family residential and public open space. The focus of the district is service and retail node intended to serve the regional population while maximizing the recreational and aesthetic benefits of the river. As the Twin Lakes Road and Highway 10 intersection transitions to an interchange, additional right-of-way will be necessary, requiring the relocation of businesses. These areas anticipated to be necessary for the interchange are identified as temporary destination retail in the FAST study.

b.

Permitted uses are as follow:

1.

Brewpubs.

2.

Brewer taprooms producing less than 10,000 barrels of malt liquor annually.

3.

Business and professional offices.

4.

Financial institutions.

5.

Firearms sales.

6.

Personal service establishments.

7.

Physical recreation and training.

8.

Public parks.

9.

Restaurants, class I.

10.

Restaurants, class II.

11.

Retail sales establishments.

c.

Accessory uses are as follows:

1.

Accessory structures.

2.

Cocktail rooms.

3.

Off-street parking facilities.

4.

Off-street loading facilities.

5.

Private recreational facilities.

6.

Public shelters.

7.

Signs as permitted in section 30-851 et seq.

d.

Conditional uses are as follows:

1.

Brewer taprooms producing 10,000 or more barrels of malt liquor annually.

2.

Carwashes.

3.

Commercial recreational facility.

4.

Development of property within 50 feet of the wild and scenic river district.

5.

Dry cleaning establishment.

6.

Enclosed light manufacturing with related retail sales.

7.

Educational institutions.

8.

Equipment rental businesses.

9.

Governmental facilities.

10.

Health care facilities, inpatient.

11.

Health care facilities, outpatient.

12.

Hospitals.

13.

Hotels.

14.

Licensed day care facilities.

15.

Microdistilleries.

16.

Motels.

17.

Motor vehicle service stations.

18.

Motor vehicle specialty shops.

19.

Nonprofit clubs, lodges, or halls.

20.

On-sale liquor establishments.

21.

Sauna establishments.

22.

Shopping centers.

23.

Vehicles sales and services.

24.

Veterinary clinics.

e.

Bulk regulations. Bulk regulations are listed in sections 30-1041 and 30-1042.

f.

Architectural standards. Architectural standards are outlined in section 30-1024 (highway commercial).

(Ord. No. 16-19, § 1, 8-15-2016; Ord. No. 19-15, § 14, 8-19-2019; Ord. No. 20-03, § 4, 3-16-2020; Ord. No. 23-24, § 11, 11-20-2023)

_____

¹ 100 feet on corner lots.

(Ord. No. 16-19, § 2, 8-15-2016)

_____

(a)

Legal description. The following described property located within the City of Elk River, Sherburne County, Minnesota is hereby zoned PUD, planned unit development:

The following property located in Section 36, Township 33, Range 26, Sherburne County, Minnesota:

The South Half of the Northwest Quarter; the Southwest Quarter of the Northeast Quarter; the North Half of the Southwest Quarter; the Southeast Quarter of the Southwest Quarter; the Southwest Quarter of the Southeast Quarter; and the Northwest Quarter of the Southeast Quarter; excepting from the forgoing description the following described Parcel 1 and Parcel 2; but adding to the forgoing description an easement over the Easement Parcel, described below:

Parcel 1: The East 660 feet of the South 660 feet of the North 936 feet of the Northwest Quarter of the Southeast Quarter of said Section 36.

Parcel 2: The West 825 feet of the North 550 feet of the South 600 feet of the Southwest Quarter of the Southeast Quarter; together with that part of the East 75 feet of the Southeast Quarter of the Southwest Quarter lying South of the Westerly extension of the North line of said South 600 feet of the Southwest Quarter of the Southeast Quarter; all being part of Section 36, Township 33, Range 26.

(b)

PUD development standards. The property shall be subject to the following standards.

(1)

Uses.

a.

Permitted uses.

1.

Residential, single-family.

2.

Residential facilities (one to six persons).

3.

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

b.

Accessory uses.

1.

Accessory dwelling units.

2.

Residential occupations.

3.

Structures, accessory.

4.

Towers (less than 60 feet in height).

5.

Signs (as permitted in section 30-851 et seq.).

c.

Conditional uses.

1.

Kennels, private.

(2)

Lot size.

a.

The PUD permits lot sizes as follows:

(3)

Setback:

a.

Single family lots.

1.

Primary structures.

2.

Accessory structures.

3.

Accessory structures shall be limited to two-detached structures.

4.

Total garage space (attached and detached) shall be limited to 1,200 SF.

5.

All other setbacks shall be consistent with the relevant section of the city code.

(4)

Additional design standards:

a.

Driveways width is limited to 20' - 0" as measured at the front property line or the entire distance between the curb and sidewalk.

b.

Driveways must be set back 5' - 0" from side property lines.

c.

Internal monotony code:

1.

Adjacent homes shall not repeat the same façade design or primary exterior color.

2.

This standard also applies to the nearest three lots across the street.

3.

The builder shall demonstrate compliance with this standard when the building permit is submitted.

(5)

Any standard not specifically described within this section shall remain consistent with the City of Elk River Code of Ordinances.

(c)

Development plans. The PUD shall be developed in accordance with the following plans, as amended from time to time, on file at city hall.

Plan A: Preliminary plat of Bradford Park as approved by the Elk River city council on July 17, 2023, and subject to all conditions of approval.

Plan B: Bradford Park Phase 1 construction plans prepared by ISG and dated March 25, 2024.

Plan C: Preliminary plat of Bradford Park South as approved by the Elk River city council on August 19, 2024, and subject to all conditions of approval.

(Ord. No. 24-12, § 1, 5-20-2024; Ord. No. 24-19, § 1, 8-19-2024)

(a)

Legal description. The following described property located within the City of Elk River, Sherburne County, Minnesota is hereby zoned PUD, planned unit development:

Lot 2, Block 2, Elk River Business Park, Sherburne County, Minnesota.

Lot 1, Block 1, Elk River SBC Addition, Sherburne County, Minnesota.

(b)

PUD development standards. The property shall be subject to the following standards.

(1)

Uses.

a.

Permitted uses.

1.

Educational institutions.

b.

Accessory uses.

1.

Parking lots.

2.

Structures, accessory.

3.

Towers (less than 60 feet in height).

4.

Signs consistent with the business park zoning district.

5.

Private recreational facilities subordinate to the principal use.

(2)

Lot size.

a.

Lot sizes shall be consistent with the business park zoning district.

(3)

Setbacks.

a.

All building setbacks shall be consistent with the business park zoning district.

b.

All other setbacks shall be consistent with the relevant section of the city code.

(4)

Additional design standards:

a.

All development shall be consistent with the business park zoning district design standards.

(5)

Any requirement not specifically described within this section shall remain consistent with the City of Elk River Code of Ordinances.

(c)

Development plans. The PUD shall be developed in accordance with the following plans, as amended from time to time, on file at city hall.

Plan A: Site plans included reviewed by the Elk River city council and included in their packet on March 4, 2023, and subject to all conditions of approval.

(Ord. No. 24-13, § 1, 5-20-2024)

(a)

Legal description. The following described property located within the City of Elk River, Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development:

The East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 32, Range 26, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota.

Excepting therefrom:

That part which lies within the following described perpetual easement for street and utility purposes:

That part of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 1, Township 32, Range 26, Sherburne County, Minnesota, which lies East of the following described line:

Beginning at a point on the North line of said Northwest Quarter distant 55.26 feet West of the Northeast corner of said Northwest Quarter, as measured along said North line, to a point on the South line of said Northeast Quarter of the Southwest Quarter distant 80.01 feet West of the Southeast corner of said Northeast Quarter of the Southwest Quarter as measured along said South line and there terminating.

AND

Outlot C, THE VILLAS AT FILLMORE, Sherburne County, Minnesota.

(b)

PUD development standards. The property shall be subject to the following standards.

(1)

Uses.

a.

Permitted Uses.

1.

Residential, single family.

2.

Model homes in compliance with section 30-800;

3.

Public parks, playgrounds and open space;

4.

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

b.

Accessory Uses.

1.

Accessory dwelling units.

2.

Residential occupations.

3.

Structures, accessory.

4.

Signs (as permitted in section 30-851 et seq.).

c.

Conditional Uses.

1.

Kennels, private.

(2)

Lot size.

a.

The PUD permits lot sizes as follows:

(3)

Setbacks.

a.

Primary structures.

b.

Accessory structures.

1.

Accessory structures shall be limited to two-detached structures.

2.

Garage space (combined attached and detached) shall be limited to 1,000 SF.

3.

All other setbacks shall be consistent with the relevant section of the city code.

(4)

Additional development standards:

a.

Driveways width is limited to 18'—0" as measured at the front property line or the entire distance between the curb and sidewalk.

b.

Driveways must be setback 5'—0" from side property lines.

c.

Facades shall consist of at least two materials (brick, siding, stone, shakes, or other materials approved by the city)

d.

Internal monotony code.

1.

No more than two adjacent homes will have the same roof/facade style.

2.

Facade materials or colors will not repeat between adjacent homes. Significant variation in materials and/or colors is encouraged.

e.

Each home must have a minimum of five shrubs along the front foundation, and two trees in the front yard.

f.

Common areas shall be under the ownership and control of the property owners' association, which shall be responsible for the maintenance, and repair of the common areas.

g.

The area identification sign (monument sign) must meet all standards outlined in city ordinance.

1.

A box drawn around the lettering on the sign shall not exceed 16 square feet

(5)

Any standard not specifically described within this section shall remain consistent with the City of Elk River Code of Ordinances.

(c)

Development plans. The PUD shall be developed in accordance with the following plans, as amended from time to time, on file at city hall.

Plan A—Preliminary Plat of The Villas on Fillmore as approved by the Elk River City Council on July 18, 2022, and subject to all conditions of approval.

Plan B—Street and Utility Construction Plans prepared by Rum River Land Surveyors and Engineers and dated January 23, 2023.

Plan C—The Preliminary Plat of The Villas on Fillmore Third Addition as approved by the Elk River City Council on June 16, 2025, and subject to all conditions of approval.

Plan D—Street and Utility Construction Plans for the Third Addition prepared by Rum River Land Surveyors and Engineers and dated April 23, 2025.

(Ord. No. 25-02, § 1, 3-17-2025; Ord. No. 25-10 meeting, § 1, 6-16-2025)

(a)

Legal description. The following described property located within the City of Elk River, Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development:

Lot 1, Block 2, ELK RIVER CROSSING, Sherburne County, Minnesota Lot 2, Block 2, ELK RIVER CROSSING, Sherburne County, Minnesota

Lot 1, Block 1, ELK RIVER CROSSING THIRD ADDITION, Sherburne County, Minnesota

Lot 2, Block 1, ELK RIVER CROSSING THIRD ADDITION, Sherburne County, Minnesota

Lot 3, Block 1, ELK RIVER CROSSING THIRD ADDITION, Sherburne County, Minnesota

Lot 1, Block 1, ELK RIVER CROSSING FOURTH ADDITION, Sherburne County, Minnesota

Lot 2, Block 1, ELK RIVER CROSSING FOURTH ADDITION, Sherburne County, Minnesota

Lot 1, Block 1, ELK RIVER CROSSING FIFTH ADDITION, Sherburne County, Minnesota

Lot 1, Block 1, ELK RIVER CROSSING SIXTH ADDITION, Sherburne County, Minnesota

Lot 2, Block 1, ELK RIVER CROSSING SIXTH ADDITION, Sherburne County, Minnesota

Lot 1, Block 1, ELK RIVER CROSSING SEVENTH ADDITION, Sherburne County, Minnesota

Outlot A, ELK RIVER CROSSING SEVENTH ADDITION, Sherburne County, Minnesota

Lot 1, Block 1, ELK RIVER CROSSING EIGHTH ADDITION, Sherburne County, Minnesota

Lot 2, Block 1, ELK RIVER CROSSING EIGHTH ADDITION, Sherburne County, Minnesota

Lot 1, Block 1, THE HOME DEPOT ADDITION, Sherburne County, Minnesota

(b)

PUD Development Standards. The property shall be subject to the following standards.

(1)

Uses.

a.

Permitted uses.

1.

Convenience stores.

2.

Financial institutions.

3.

Garden centers, which may include outdoor display.

4.

Governmental, business and professional offices.

5.

Non-profit clubs, lodges or halls.

6.

Personal service establishments.

7.

Retail shops and stores.

8.

Veterinary clinics.

b.

Conditional uses.

1.

Amusement and recreation uses.

2.

Car washes.

3.

Educational uses.

4.

Hotel and motels.

5.

Licensed day care facilities.

6.

Motor vehicle service stations.

7.

Motor vehicle specialty shops.

8.

On-sale liquor establishments.

9.

Restaurants (Class I and II).

10.

Retail sale of gasoline.

11.

Zero lot line development.

(2)

Architectural standards.

a.

Facades and exterior walls.

1.

The Elk River Crossing development will represent the eastern terminus of the Main Street corridor which connects Highway 169 and the Central Business District. As such, the exterior appearance of the buildings should include elements of buildings found along the corridor and in the Central Business District.

Facades should be articulated to reduce the massive scale and uniform impersonal appearances of large retail buildings and provide visual interest. Buildings over 100 feet in length should incorporate recesses, off-sets, pilasters or angular forms so that no uninterrupted length exceeds 50 feet. The wall projection or recess should be a depth of approximately three percent of the length of the uninterrupted building length. Buildings should have architectural features and patterns that provide visual interest at a pedestrian scale. The features should be an integral part of the building fabric, and not be applied trim, graphics or paint. Variations to roof lines and cornice details should also be used to add interest to buildings.

Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in the Central Business District and along east Main Street. Facade colors should be subtle, neutral or earth tone colors. The development shall use a consistent palate of materials and colors throughout. Facades of a building which are visible from adjoining properties or public streets shall include certain design elements found on the front facades.

Predominant exterior facade materials should include, but not limited to, one or more of the following:

i.

Brick.

ii.

Native stone.

iii.

Tinted, textured, integrally colored concrete masonry units.

iv.

Stucco.

v.

Tilt-up concrete panels with exterior facades as referred to in these standards.

b.

Entryways.

1.

Entrances should be clearly defined and visible. They should incorporate devices such as canopies, overhangs, recesses/projections, arcades, raised parapets over the doors, peaked roof forms, display windows, architectural details such as tile works and moldings which are integrated into the building design.

c.

Lighting.

1.

General site and street lighting (excluding general parking lot lighting) shall be a design that is compatible and connects with the lighting utilized in the Central Business District. It shall be at a pedestrian scale. Wall lighting fixtures shall be consistent with the pedestrian and general site lighting.

2.

General parking lot lighting shall be at a height no greater than 30 feet. Poles and fixtures shall be a design that compliments the street and general site lighting standards and fixtures.

d.

Lighting.

1.

General site and street lighting (excluding general parking lot lighting) shall be a design that is compatible and connects with the lighting utilized in the Central Business District. It shall be at a pedestrian scale. Wall lighting fixtures shall be consistent with the pedestrian and general site lighting.

2.

General parking lot lighting shall be at a height no greater than 30 feet. Poles and fixtures shall be a design that compliments the street and general site lighting standards and fixtures.

(Ord. No. 25-03, § 1, 3-17-2025)

(a)

Legal description. The following described property located within the City of Elk River, Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development:

That part of the following described parcels:

Those parts of the West Half of the Northeast Quarter and the Southeast Quarter of the Northeast Quarter, all in Section 14, Township 32, Range 26, Sherburne County, Minnesota, which lies Southwesterly of the Southwesterly Right of Way line of U.S. Highway No. 10 and Northwesterly of the Northwesterly Right of Way line of Kelley Farm Road N.W., both Right of Way lines per the recorded plat of Minnesota Department of Transportation Monumentation Plat 71-M2

AND

Government Lot 1, Section 11, Township 32, Range 26, Sherburne County, Minnesota

AND

Southeast Quarter of Southwest Quarter, Section 11, Township 32, Range 26, Sherburne County, Minnesota

AND

Government Lot 3; Government Lot 4; and that part of the Northeast Quarter of the Northwest Quarter, all in Section 14, Township 32, Range 26, Sherburne County, Minnesota, which lies Southwesterly of the Southwesterly Right of Way line of U.S. Highway No. 10 per the recorded plat of Minnesota Department of Transportation Monumentation Plat 71-M2

Which lies southwesterly and southerly of the following described line and its southeasterly and northwesterly extensions:

Commencing at the East Quarter corner of Section 14, Township 32, Range 26; thence North 89 degrees 22 minutes 02 seconds West, assumed bearing, along the South line of the Northeast Quarter of said Section 14, a distance of 386.11 feet; thence North 22 degrees 56 minutes 43 seconds East, 210.03 feet to the point of beginning of said line to be described; thence North 48 degrees 37 minutes 16 seconds West, 1115.25 feet; thence northwesterly 684.15 feet along a tangential curve, concave to the Northeast, having a radius of 22972.93 feet and a central angle of 01 degree 42 minutes 23 seconds; thence North 46 degrees 54 minutes 53 seconds West, tangent to the last described curve, 878.66 feet; thence northwesterly 1018.51 feet, along a tangential curve, concave to the Northeast, having a radius of 7846.18 feet and a central angle of 07 degrees 26 minutes 15 seconds; thence North 39 degrees 28 minutes 38 seconds West, tangent to the last described curve, 317.40 feet; thence northwesterly 157.33 feet along a tangential curve, concave to the Southwest, having a radius of 267.00 feet and a central angle of 33 degrees 45 minutes 42 seconds; thence North 73 degrees 14 minutes 20 seconds West, tangent to the last described curve, 59.05 feet; thence northwesterly 196.22 feet, along a tangential curve, concave to the Northeast, having a radius of 333.00 feet and a central angle of 33 degrees 45 minutes 42 seconds; thence North 39 degrees 28 minutes 38 seconds West, tangent to the last described curve, 305.98 feet; thence North 89 degrees 53 minutes 25 seconds West, 312.85 feet; thence North 58 degrees 18 minutes 20 seconds West, 92.34 feet; thence North 25 degrees 31 minutes 23 seconds West, 236.52 feet; thence North 89 degrees 55 minutes 44 seconds West, 89.41 feet; thence westerly 34.42 feet, along a tangential curve, concave to the South, having a radius of 303.00 feet and a central angle of 06 degrees 30 minutes 34 seconds; thence North 33 degrees 53 minutes 06 seconds West, not tangent to the last described curve, 372.53 feet to the North line of said Government Lot 1 and said line there terminating.

(b)

PUD development standards. The property shall be subject to the following standards.

(1)

Uses.

a.

Permitted uses.

1.

Residential, single family.

2.

Residential facilities (one to six persons).

3.

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

b.

Accessory uses.

1.

Accessory dwelling units.

2.

Residential occupations.

3.

Structures, accessory.

4.

Towers (less than 60 feet in height).

5.

Signs (as permitted in section 30-851 et seq.).

c.

Conditional uses.

1.

Kennels, private.

(2)

Lot size.

a.

The PUD permits lot sizes as follows:

(3)

Setbacks.

a.

Single family lots.

1.

Primary structures.

2.

Accessory structures.

3.

All properties are limited to two detached structures.

4.

Total garage space (attached and detached) shall be limited to 1,200 SF.

5.

All other setbacks shall be consistent with the relevant section of the city code.

(4)

Additional design standards:

a.

Driveways width is established in the table below, and is measured at the curb line.

b.

Driveways must be setback 5'—0" from side property lines.

c.

Attached garages must be at least 440 square feet in size (20 x 22).

d.

Internal monotony code.

1.

Homes shall not repeat the same front elevation and primary exterior color combination within the block described below.

i.

A block for the purposes of applying the monotony code includes the two adjacent homes on the same side of the street, and the three closest homes across the street.

e.

Landscape requirements.

1.

Lots 65-feet and wider must include two trees in front yard. One tree must be an overstory tree, and the second can be ornamental, evergreen or overstory.

2.

The 50-foot parcels must plant at least one overstory tree in the front yard.

f.

Properties within the Wild and Scenic River district must comply with standards described in city code, beginning with section 30-2071.

1.

Riparian lots will be permitted a dock in accordance with state regulations.

(5)

Any standard not specifically described within this section shall remain consistent with the City of Elk River Code of Ordinances.

(c)

Development plans. The PUD shall be developed in accordance with the following plans, as amended from time to time, on file at city hall.

Plan A—Elk River Specht Farm Master PUD Exhibits updated in accordance with City Council action on April 7, 2025.

(Ord. No. 25-05 meeting, § 1, 4-7-2025)

(a)

Legal description. The following described property located within the City of Elk River, Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development:

Lots 1 - 15, Block 1, Lots 1 - 13, Block 2, and Outlots A - B, TALL PINES P.U.D.

SECOND ADDITION, Sherburne County, Minnesota.

AND

Lots 1-14, Block 1, and Outlot A, EVERGREEN TOWNHOMES, Sherburne County, Minnesota.

(b)

PUD development standards. The property shall be subject to the following standards.

(1)

Uses.

a.

Permitted uses.

1.

Residential, single family.

2.

Model homes in compliance with section 30-800;

3.

Public parks, playgrounds and open space;

4.

State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

b.

Accessory uses.

a.

Residential occupations.

b.

Signs (as permitted in section 30-851 et seq.).

(2)

Lot size.

a.

The PUD permits lot sizes as follows:

(3)

Setbacks.

a.

Primary structures.

(4)

Additional development standards:

a.

Unit construction and design standards.

1.

Facades shall consist of at least two materials (brick, siding, stone, shakes, or other materials approved by the city)

2.

No more than three adjacent homes will have the same roof/facade style.

3.

Facade materials or colors will not repeat between adjacent homes. Significant variation in materials and/or colors is encouraged.

4.

Each townhome must have a minimum of five shrubs along the front foundation.

b.

Common areas. Common areas shall be under the ownership and control of the property owners' association, which shall be responsible for the maintenance, and repair of the common areas.

c.

The area identification sign (monument sign).

1.

The area identification sign (monument sign) must be located on a buildable lot, not an outlot.

2.

The sign shall meet setback and height standards described in the ordinance.

3.

A box drawn around the lettering on the sign shall not exceed 16 square feet.

d.

Residential structures, patios, and other impervious surfaces are permitted to encroach into the 20-foot stormwater pond buffer setback.

1.

The 25-foot stormwater pond buffer must remain in compliance with city ordinances.

(5)

Any standard not specifically described within this section shall remain consistent with similar zoning districts within the City of Elk River Code of Ordinances.

(c)

Development plans. The PUD shall be developed in accordance with the following plans, as amended from time to time, on file at city hall.

Plan A—Preliminary Plat of Tall Pines Second Addition as approved by the Elk River City Council on June 1, 2020, and subject to all conditions of approval.

Plan B—Street and Utility Construction Plans prepared by Bogart Pederson and Associates and dated July 22, 2020.

Plan C—Stormwater pond construction plans prepared by Bogart Pederson and Associates and reviewed by the City Council on June 16, 2025.

(Ord. No. 25-11 meeting, § 1, 6-16-2025)