2016-02-03_PC_Agenda_Packet - Laserfiche WebLink

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Attachment B 2.Ordinance Amendment A PUD change requiring a text update to the adopted PUD overlay district language shall be administered in accordance with adopted regulations for zoning code changes in Chapter 1009. Ordinance amendments shall be limited to changes that are deemed by the Community Development Department to be consistent with the intent of the original PUD approval, but are technically necessary due to construction of the adopted overlay district language. 3.PUD Amendment Any change not qualifying for an administrative amendment or an Ordinance amendment shall require a PUD amendment. An application to amend a PUD shall be administered in the same manner as that required for a new PUD beginning at PUD Concept Plan \[the prerequisite for a previous PUD Sketch Plan submittal shall not apply, but the required open house in 1023.09(C) must be held\]. B.Pre-existing PUDs Approved as a Special Use Permit Pre-existing PUDs authorized prior to \[date this ordinance is effective\] shall continue to be governed per the original conditions of approval until the PUD is cancelled by the City, or the PUD is converted to a PUD overlay district. An application to amend a pre-existing PUD shall be administered in the same manner as that required for a new PUD beginning at PUD Concept Plan \[the prerequisite for a previous PUD Sketch Plan submittal shall not apply, but the required open house in 1023.09(C) must be held\]. 1023.11: PUD CANCELLATION A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the overlay district or special use permit establishing the PUD. Cancellation of a PUD shall include findings that demonstrate that the PUD is no longer necessary due to changes in local regulations over time; is inconsistent with the Comprehensive Plan or other application land use regulations; threatens public safety, health, or welfare; or other applicable findings in accordance with law. 1023.12: ADMINISTRATION In general, the following rules shall apply to all PUDs: 1.Rules and regulations Commented \[BGA50\]: I like to include this type of language to clarify that under no circumstances will the City Council be denied an opportunity to vote on a proposal prior No requirement outlined in the PUD review process shall restrict the City Council from to a timeline (60-day) violation due toprocedural issues taking action on an application if necessary to meet state mandated time deadlines; (example: the Planning Commission cannot make a recommendation due to lack of a quorum, but waiting for their next meeting would cause an application to be in violation of 15.99. In such a case, we are saying that despite the standard process required herein, the City Council would be justified in taking action)