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Attachment B d.The City Council shall then consider the recommendations of the Community Development Department, the public, and the Planning Commission; and make a decision of approval or denial, in whole or in part, on the PUD Final Plan. A denial shall Commented \[BGA44\]: Adding only be based on findings that a PUD Final Plan is not in substantial compliance with the portions of the project while others may need to come back approved PUD Concept Plan and/or the required conditions of approval. with further corrections (rather than delaying the entire project for details that can be worked out at a later time). e.As a condition of PUD Final Plan approval, publication of the overlay district ordinance Commented \[BGA45\]: Sambatek will work with staff to shall be required prior to filing of the approved final plat. determine if we need to denote voting requirements here. Per 1002.05, a 2/3 vote of Council will be necessary for f.Planned Unit Development Agreement. many PUD votes. i.At its sole discretion, the City may as a condition of approval, require the owner and Commented \[BGA46\]: Publication of the ordinance must developer of the proposed PUD to execute a development agreement which may occur first so the plat, when filed, will be incompliance with include but not be limited to all requirements of the PUD Final Plan. zoning. Commented \[BGA47\]: ii.The development agreement may require the developers to provide an irrevocable letter of credit in favor of the City. The letter of credit shall be provided by a extensive language that can simply be referenced. We will financial institution licensed in the state and acceptable to the City. The City may work with City staff on the best language to address this need. require that certain provisions and conditions of the development agreement be stated in the letter of credit. The letter of credit shall be in an amount sufficient to ensure the provision or development of improvement called for by the development agreement. g.As directed by the City, documents related to the PUD shall be recorded against the property. Commented \[BGA48\]: As requested by Council, language has been added specifying that the City may require recording of documents against the property. 1023.10: PUD AMENDMENTS Commented \[BGA49\]: Subsection 10 includes language addressing how PUDs can be amended following approval. As drafted, we are suggesting three levels of amendments: 1) an administrative amendment to allow for minor opportunities, or requests from a developer. At such a time, the applicant shall make an application to the deviations to address unforeseen issues in the field; 2) an city for a PUD amendment. ordinance text amendment if only the PUD overlay district language needs to be changed; or 3) a full PUD amendment which would require starting back at the PUD ConceptPlan A.Existing PUD Overlay Districts stage. Amendments for approved PUD Overlay districts shall be processed as one of the following: 1.Administrative Amendment The Community Development Department may approve minor changes in the location, placement, and height of buildings if such changes are required by engineering or other circumstances, provided the changes conform to the approved overlay district intent andare consistent with all requirements of the PUD ordinance. Under no circumstances shall an administrative amendment allow additional stories to buildings, additional lots, or changes to designated uses established as part of the PUD. An Administrative Amendment shall be memorialized via letter signed by the Community Development Director and recorded against the PUD property.