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#09 - Open Space PUD Amendments
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#09 - Open Space PUD Amendments
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a) Amendments to existing open space PUD overlay districts. Amendments to an <br />approved open space PUD overlay district shall be processed as one of the following: <br />1) Administrative amendment. The director of planning community <br />development director may administratively approve minor changes to an <br />approved open space PUD if such changes are required by engineering or <br />other circumstances, provided the changes conform to the approved overlay <br />district intent and are consistent with all requirements of the open space PUD <br />ordinance. Under no circumstances shall an administrative amendment <br />allow additional lots, or changes to designated uses established as part of the <br />PUD. An administrative amendment shall be memorialized via letter signed <br />by the planning community development director. <br />2) Ordinance amendment. A PUD change requiring a text update to the adopted <br />open space PUD overlay district language shall be administered in <br />accordance with adopted regulations for zoning code changes in LEC <br />105.12.280. Ordinance amendments shall be limited to changes that are <br />deemed by the director of planning community development director to be <br />consistent with the intent of the original open space PUD approval, but are <br />technically necessary due to construction of the adopted overlay district <br />language. <br />3) PUD amendment. Any change not qualifying for an administrative <br />amendment or an ordinance amendment shall require an open space PUD <br />amendment. An application to amend an open space PUD shall be <br />administered in the same manner as that required for a new PUD beginning <br />at open space PUD preliminary plan. <br />b) Pre-existing OP developments. <br />1) Pre-existing OP developments authorized prior to October 4, 2016 shall <br />continue to be governed per the original conditions of approval until the OP <br />development is cancelled by the city, or the OP development is converted to <br />an open space PUD overlay district. <br />2) An application to amend an existing OP development shall require the <br />development to be converted into an open space PUD beginning at open space <br />PUD preliminary plan. <br />a. Replatting of lots will only be required if the director of planning <br />community development director determines such is necessary to <br />implement the requested change. <br />b. The resulting overlay zoning district shall be applied to all properties <br />within the OP development being amended. <br />105.12.1100 PUD Cancellation <br />An open space PUD shall only be cancelled and revoked upon the city council adopting an <br />ordinance rescinding the overlay district establishing the PUD. Cancellation of a PUD shall <br />include findings that demonstrate that the PUD is no longer necessary due to changes in <br />local regulations over time; is inconsistent with the comprehensive plan or other
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