2020_0824_CCPacket - Laserfiche WebLink

Home

73 square feet respectively. This PUD was required due to a portion on the land for the new 74 department store being contained in the previous (2005) PUD geographic area and to specify 75 design and development requirements. 76 PUD#15-019 also effectively acted as a development contract between JLL and the City for 77 specific site and development improvements in support of Von Maur and two out-parcel 78 developments. This PUD included the following plans: 79 Site anddevelopment plans for both the ground level and deck leveldesigns 80 Parking garage elevations 81 Final utility servicing plan 82 Final site plan 83 Final grading plan 84 Roadway improvement plans 85 Access, circulation, and parking plan 86 Pedestrian connection plan. 87 On April 11, 2016, the City Council adopted Ordinance #1497 creating new regulations for 88 planned unit developments, which includes specific guidance for cancelling an existing PUD. 89 P LANNED U NIT D EVELOPMENT C ANCELLATION R EVIEW 90 §1023.11 PUD Cancellation reads: A PUD shall be cancelled and revoked only upon the City 91 Council adopting an ordinance rescinding the overlay district or special use permit establishing 92 the PUD. Cancellation of a PUD shall include findings that demonstrate that the PUD is no longer 93 necessary due to changes in local regulations over time; is inconsistent with the Comprehensive 94 Plan or other applicable land use regulations; threatens public safety, health, or welfare; or due to 95 other applicable findings in accordance with law. 96 On behalf of Jones Lang LaSalle, attorney Jay Lindgren, Dorsey & Whitney, LLP, submits the 97 following in support of the PUD cancellations: 98 Current zoning for Rosedale Center has been updated since PUD #3608 and PUD#15- 99 018 were established and the current zoning allows improvements and redevelopment 100 to Rosedale in an orderly manner consistent with the City's Comprehensive Plan. 101 PUD #3608 and PUD #15-018 currently cover only a portion of the Rosedale Center 102 property which, in turn, means that portions of Rosedale Center are essentially zoned 103 differently than other portions because the overlay district only applies to a portion of 104 the site. 105 As redevelopment occurs at Rosedale Center consistent with current City zoning, 106 amendment of PUD #3608 and/or #15-018 is or may also be required which adds an 107 unnecessary and additional step to the approval process. 108 Section 1023.10, paragraph B of the Zoning Code states that pre-existing PUD’s may be amended 109 by converting to the PUD overlay district (new PUD regulations enacted in 2016). This same 110 section states the process for this to occur is for the applicant to essentially apply for a new PUD, 111 starting with the PUD Concept Plan.Thus, whether the PUD’s remain in force or not, a new PUD 112 process must commence if changes occur within the geographic area covered by the previous 113 PUD’s. If the PUD’s are cancelled, then underlying zoning regulations of the Regional Business 114 district would apply. Page 3 of 4