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336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 Attachment C 3. Any deed restrictions, covenants, agreements, and articles of incorporation and bylaws of any proposed homeowners' association ar other documents or contracts which control the use or maintenance of property covered by the PUD. 4. A final staging plan, if staging is proposed, indicating the geographical sequence and timing of development, including the esrimated start and complerion date for each stage. 5. �CIp-to-date title evidence Ifor the subject property in a form acceptable to the Community Devclopment Department. 6. Warranry deeds for Property being dedicated to the City for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by die Ciry Council. 7. All easement dedication documents for easements not shown on the final plat including those for Yrails, ingress/egress, etc., together with all necessary consents to the easement by existing encumbrancers of the property. 8. Any other information deemed necessary by the Communiry Development Department to fully present the intention and character of the PUD. (iii) PUD Final Plan Review 2 3 4 5 The Community Devclopment Department shall generate an analysis of the final documents against the conditions of PUD Preliminary Plan approval, and make a recommendation as to whether all conditions have been met or if additional changes are needed. IThe Community Development Department shall finalize the ordinance to establish the proposed overlay district for consideration by die Planning Commission and City Council�. The Planning Commission shall hold a�public hearing �on the proposed Overlay District ordinance and Final PUD Plans, and shall subimit a recommendation to the City Council far consideration. Because a PUD Preliminary Plan was previously approved, the Planning Commission's recommendation shall only focus on whether the Ordinance and PUD Fina] Plan are in substantial compliance with the Preliminary PUD Plan and the required conditions of approval. �The Ciry Council shall then consider the recommendations of the Communiry Development Deparnnent, the public, and the Planning Commission; and make a decision of approval or denial, �n whole or in parrt�„ on the PUD Final Plan. A denial shall only be based on findings that a PUD Final Plan is not in substantial compliance with the approved PUD Preliminary Plan and/or the required conditions of approval.l �As a condition of PUD Final Plan approval, publication of the overlay district ordinance shall be requiredprior to filing of the approved final plat. Page l l of 13 i i/ � � i Comment [BGA43]: Up to date title evidence will ensure that all parties with an interest in the land are subject to the application which in turn protacts the City's interest in easeme�ts and dedications being made as part of the development. � Gomment (BGA44]: Each new ordinance ' would be placed within the zoning code ostensibly as new Chapters (inuch like the "zoning overlay district for the Twin Lakes Redevelopment Area is housed in Chapter �022) Comment [BGA45]: A second public hea�ing will bc necded at PUD Final plan for adoption of the overlay district ordinance. The puipose of the hearing is to ensure the final ordinance is addressing all details of preliminary approval, and to ensure that final plans are in proper ordcr. This hearing wil] NOT address whether the PUD sl�ould move forward or not that decision was ah eady made at the PUD Preliminary Plan stage. ; Comment [BGA46]: Adding the phrase "in � whole or in part" provides Council wiUi tlexibility to move forward the portions of the � project while others may need to come back with furthcr corrections (rather than delaying the entire project for details diat can be worked out at a later time). � GommenY [BGA47]: Sambatek will work with staff to determine if we need to denote voting requiremei�ts here. Per 1002.05, a 2/3 vote of Council will be necessary for many PUD votes. � Comment [BGA48]: Publication of Che ordinance must occm first so the plat, when filed, will be in conzpliance with zoning.