#12 - OP PUD Zoning Text Amendment

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5) Limitation of approval. The city council's review of an open space PUD preliminary plan shall remain valid for a period of one year. The city council, in its sole discretion, may extend the validity of its findings for an additional year. b) PUD final plan. 1) Application deadline. Application for an open space PUD final plan shall be submitted for approval within 180 days of city council approval of the open space PUD preliminary plan unless a written request for a time extension is submitted by the applicant and approved by the city council. 2) PUD final plan submittal requirements. Except as may be waived by the director of planning community development director, the following information shall constitute a complete application for an open space PUD final plan. a. All required information for a final plat per LEC 103.00.080. b. All required PUD preliminary plan documents, other than the preliminary plat, shall be updated to incorporate and address all conditions of PUD preliminary plan approval. c. Any deed restrictions, covenants, agreements, and articles of incorporation and bylaws of any proposed homeowners’ association or other documents or contracts which control the use or maintenance of property covered by the PUD. d. A final staging plan, if staging is proposed, indicating the geographical sequence and timing of development, including the estimated start and completion date for each stage. e. Up-to-date title evidence for the subject property in a form acceptable to the director of planning community development director and the city attorney. f. Warranty deeds for property being deeded to the city for all parks, stormwater ponds, open space, etc., free from all mortgages, liens and encumbrances. g. All easement documents for easements not being dedicated on the final plat including those for trails, ingress/egress, etc., together with all necessary consents to the easements by existing encumbrancers of the property. h. Any other information deemed necessary by the director of planning community development director to fully present the intention and character of the open space PUD. i. If certain land areas or structures within the open space PUD are designated for recreational use, public plazas, open areas or service facilities, the owner of such land and buildings shall provide a plan to the city that ensures the continued operation and maintenance of such areas or facilities in a manner suitable to the city. 3) PUD final plan review. a. The director of planning community development director shall generate an analysis of the final documents against the conditions of the open space PUD preliminary plan approval, and make a recommendation as to whether all conditions have been met or if additional changes are needed. b. Staff should once again identify any information submittals that were waived so the city council may determine if such is needed prior to making a final decision. c. The director of planning community development director shall finalize the ordinance to establish the proposed overlay district for consideration by the planning commission and the city council. 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 previousl y 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