07/08/2009 P&Z Packet - Laserfiche WebLink

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Extension for PUD page 2 not operating well. Three PUDs received approval of their development stage plans, and already were granted the six -month extension beyond the one year for submitting the final plans. The six -month limit on extensions would require the City to act to repeal the preliminary approvals. The removal of this six -month limit allows these projects to remain viable. Two of the PUD projects that have received preliminary approval include the preservation of important ecological areas and with permanent easements and conservation management plans for the easement areas. These projects are important to the City. They are steps in the implementation of the "Parks, Natural Open Space, Greenways and Trail System Plan ", which has evolved into the "Resource Management System Plan" described in chapter two of the new comprehensive plan. The third project is a commercial PUD near the 35E interchange. This area is an important part of the city for providing retail services to the community and the corresponding property tax revenue. Projects that have received preliminary plat approval under the subdivision chapter of the city code but that are not PUDs are not restricted to a six -month extension. The subdivision chapter requires the final plat to be submitted within one year of preliminary plat approval, "unless an extension is requested in writing, and for good cause, is granted by the City Council." ( §1001.055 (2)) There is no time limit on the extension that the Council can approve. Recommended Amendment to Zoning Ordinance The proposed zoning ordinance amendment is to delete the six -month limit. The amended paragraph would read as follows, with the deleted portion shown in °trilEe out text: Limitation on Development Plan Approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall expire. The City Council may at its discretion, extend for not more than six months, the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. In any case where Development Plan approval expires, the City Council may adopt a resolution repealing the Development Stage Plan approval for that portion of the PUD that has not received Final Plan approval and re- establishing the zoning and other Code provisions that would otherwise be applicable. Findings 1) As required by Section 2, Subd. 1 for any amendment of the zoning ordinance, the Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: • •