#03 - Open Space PUD - Laserfiche WebLink

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An open space PUD shall only be cancelled and revoked upon the city council adopting an ordinance rescinding the overlay district establishing the PUD. Cancellation of a PUD shall include findings that demonstrate that the PUD is no longer necessary due to changes in local regulations over time; is inconsistent with the comprehensive plan or other application land use regulations; threatens public safety, health, or welfare; or other applicable findings in accordance with law. HISTORY Adopted by Ord. 08-253 on 11/3/2021 105.12.1110 Administration In general, the following rules shall apply to all open space PUDs: A. Rules and regulations. No requirement outlined in the open space PUD review process shall restrict the city council from taking action on an application if necessary to meet state mandated time deadlines. B. Preconstruction. The city shall not grant a building permit for any building on land for which an open space PUD plan is in the process of review, unless the proposed building is allowed under the existing zoning and will not impact, influence, or interfere with the proposed open space PUD plan. C. Effect on conveyed property. In the event that any real property in an approved open space PUD is conveyed in total, or in part, the new owners thereof shall be bound by the provisions of the approved overlay district. 105.12.1120 Intent The intent of the Planned Unit Development (PUD) overlay zoning district is to provide greater flexibility in the use of land and the placement and size of buildings within the development of residential and nonresidential areas in order to achieve more creative development outcomes while remaining economically viable and marketable and to better utilize site features and obtain a higher quality of development. Approval of a planned unit development shall result in a zoning change to a specific PUD overlay district, with specific requirements and standards that are unique to that development. The City reserves the right to deny establishment of a PUD overlay district and direct a developer to re-apply for City approval under the standard applicable zoning district if the City determines the proposed benefits do not justify requested flexibilities. A Planned Unit Development (Article XVIII) shall be within the Metropolitan Urban Service Areas (MUSA). Planned Unit Developments, outside of the MUSA and within certain rural zoning districts, shall follow standards in Open Space Planned Unit Developments (Article XVII).