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#09 - Open Space PUD Amendments
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#09 - Open Space PUD Amendments
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f. As a condition of PUD final plan approval, publication of the overlay <br />district ordinance or a summary thereof shall be required prior to filing <br />of the approved final plat. <br />g. Planned unit development agreement. <br />1. At its sole discretion, the city may as a condition of approval, <br />require the owner and the developer of the proposed open space <br />PUD to execute a development agreement which may include, <br />but not be limited to, all requirements of the open space PUD <br />final plan. <br />2. The development agreement may require the developers to <br />provide an irrevocable letter of credit in favor of the city. The <br />letter of credit shall be provided by a financial institution <br />licensed in the state and acceptable to the city. The city may <br />require that certain provisions and conditions of the <br />development agreement be stated in the letter of credit. The <br />letter of credit shall be in an amount sufficient to ensure the <br />provision or development of improvement called for by the <br />development agreement. <br />h. As directed by the city, documents related to the PUD shall be recorded <br />against the property. <br />4) Time limit. <br />a. A planned unit development shall be validated by the applicant <br />through the commencement of construction or establishment of the <br />authorized uses, subject to the permit requirements of this Code, in <br />support of the planned unit development within one year of the date of <br />open space PUD final plan approval by the city council. Failure to meet <br />this deadline shall render the open space PUD final plan approval void. <br />The city council may approve extensions for validation of the PUD of <br />up to one year if requested in writing by the applicant; extension <br />requests shall be submitted to the director of planning community <br />development director and shall identify the reasons why the extension <br />is necessary along with an anticipated timeline for validation of the <br />planned unit development. <br />b. An application to reinstate an open space PUD that was voided for not <br />meeting the required time limit shall be administered in the same <br />manner as a new open space PUD beginning at open space PUD <br />preliminary plan. <br />105.12.1090 Open Space PUD Amendments <br />Approved open space PUDs may be amended from time to time as a result of unforeseen <br />circumstances, overlooked opportunities, or requests from a developer or neighborhood. At <br />such a time, the applicant shall make an application to the city for an open space PUD <br />amendment.
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