05-19-2025 - Agenda Packet Planning Commission - Planning Commission Packet

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Created: 2025-02-26 08:25:10 [EST] (Supp. No. 21) Page 22 of 33 Sec. 78-1004. Coordination with subdivision regulations. Subdivision review under chapter 82 shall be carried out simultaneously with the review of the PUD. The plans required under this article shall be submitted in a form which will satisfy the requirements of chapter 82 for the preliminary and final plat. (Code 1984, § 10.53(4)) Sec. 78-1005. Revisions and/or changes. (a) Minor changes in the location, placement and height of structures may be authorized by the development review committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the zoning administrator. (b) Significant changes in the location, size or height of structures, any rearrangement of lots, blocks and building tracts, changes in the provision of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the council. Any changes shall be recorded as amendments to the recorded copy of the final development plan. (c) All of the provisions of this chapter applicable to the original district within which the planned unit development district is established shall apply to the PUD district except as otherwise provided in approval of the final plan. (d) If substantial development has not occurred within a reasonable time after approval of the PUD zoning district as set forth in the developer's agreement, the city council may instruct the planning commission to initiate rezoning to the original zoning district. It shall not be necessary for the city council to find that the rezoning was in error. (Code 1984, § 10.53(5)) Sec. 78-1006. Phasing and guarantee of performance. (a) The planning commission shall compare the actual development accomplished in the various PUD zones with the approved development schedule. (b) Upon recommendation of the planning commission and for good cause shown by the property owner, the council may extend the limits of the development schedule. (c) The construction and provision of all of the common open space and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units, if any. The development review committee shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If they find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, they shall forward this information to the council for action. (d) A letter of credit shall be required to guarantee performance by the developer. The amount of this letter of credit, and the specific elements of the development program that it is intended to guarantee, will be stipulated in the development agreement. (Code 1984, § 10.53(6)) 74