#03 - Open Space PUD Discussion - Laserfiche WebLink

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d. The planning commission shall hold a public hearing on the proposed overlay district ordinance and open space final PUD plans, and shall submit a recommendation to the city council for consideration. Because an open space PUD preliminary plan was previously approved, the planning commission's recommendation shall only focus on whether the ordinance and open space PUD final plan are in substantial compliance with the open space PUD preliminary plan and the required conditions of approval. e. The city council shall then consider the recommendations of the director of planning community development director, the public, and the planning commission; and make a decision of approval or denial, in whole or in part, on the open space PUD final plan. A denial shall only be based on findings that an open space PUD final plan is not in substantial compliance with the approved open space PUD preliminary plan and/or the required conditions of approval. f. As a condition of PUD final plan approval, publication of the overlay district ordinance or a summary thereof shall be required prior to filing of the approved final plat. g. Planned unit development agreement. 1) At its sole discretion, the city may as a condition of approval, require the owner and the developer of the proposed open space PUD to execute a development agreement which may include, but not be limited to, all requirements of the open space PUD final plan. 2) The development agreement may require the developers to provide an irrevocable letter of credit in favor of the city. The letter of credit shall be provided by a financial institution licensed in the state and acceptable to the city. The city may require that certain provisions and conditions of the development agreement be stated in the letter of credit. The letter of credit shall be in an amount sufficient to ensure the provision or development of improvement called for by the development agreement. h. As directed by the city, documents related to the PUD shall be recorded against the property. 4. Time limit. a. A planned unit development shall be validated by the applicant through the commencement of construction or establishment of the authorized uses, subject to the permit requirements of this Code, in support of the planned unit development within one year of the date of open space PUD final plan approval by the city council. Failure to meet this deadline shall render the open space PUD final plan approval void. The city council may approve extensions for validation of the PUD of up to one year if requested in writing by the applicant; extension