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1)Pre-existing OP developments authorized prior to October 4, 2016 shall continue to be governed <br />per the original conditions of approval until the OP development is cancelled by the city, or the <br />OP development is converted to an open space PUD overlay district. <br />2)An application to amend an existing OP development shall require the development to be <br />converted into an open space PUD beginning at open space PUD preliminary plan. <br />a.Replatting of lots will only be required if the director of planning community development <br />director determines such is necessary to implement the requested change. <br />b.The resulting overlay zoning district shall be applied to all properties within the OP <br />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 ordinance rescinding <br />the overlay district establishing the PUD. Cancellation of a PUD shall include findings that demonstrate that the <br />PUD is no longer necessary due to changes in local regulations over time; is inconsistent with the comprehensive <br />plan or other application land use regulations; threatens public safety, health, or welfare; or other applicable <br />findings in accordance with law. <br />105.12.1110 Administration <br />In general, the following rules shall apply to all open space PUDs: <br />a)Rules and regulations. No requirement outlined in the open space PUD review process shall restrict the <br />city council from taking action on an application if necessary to meet state mandated time deadlines. <br />b)Preconstruction. The city shall not grant a building permit for any building on land for which an open <br />space PUD plan is in the process of review, unless the proposed building is allowed under the existing <br />zoning and will not impact, influence, or interfere with the proposed open space PUD plan. <br />c)Effect on conveyed property. In the event that any real property in an approved open space PUD is <br />conveyed in total, or in part, the new owners thereof shall be bound by the provisions of the approved <br />overlay district. <br />ARTICLE XVIII PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS <br />105.12.1120 Intent <br />The intent of the Planned Unit Development (PUD) overlay zoning district is to provide greater flexibility in the <br />use of land and the placement and size of buildings within the development of residential and nonresidential areas <br />in order to achieve more creative development outcomes while remaining economically viable and marketable <br />and to better utilize site features and obtain a higher quality of development. Approval of a planned unit <br />development shall result in a zoning change to a specific PUD overlay district, with specific requirements and <br />standards that are unique to that development. The City reserves the right to deny establishment of a PUD overlay <br />district and direct a developer to re-apply for City approval under the standard applicable zoning district if the <br />City determines the proposed benefits do not justify requested flexibilities. A Planned Unit Development (Article <br />XVIII)shall be within the Metropolitan Urban Service Areas (MUSA). Planned Unit Developments, outside of <br />the MUSA and within certain rural zoning districts, shall follow standards in Open Space Planned Unit <br />Developments (Article XVII).