(a)

Purpose and intent. The purpose of this section of the zoning code is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings and activities, which promote the goals outlined in the comprehensive plan or serve another public purpose. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint and common use and maintenance of parking, open space and other similar facilities, and harmonious selection and efficient distribution of uses. The PUD process, by allowing deviation from the strict provisions of this Code related to setbacks, heights, lot area, width and depth, yards, etc., and from the provisions of section 3-50, New Hope Sign Code, by either conditional use permit or rezoning to a PUD district, is intended to encourage:

(1)

A development pattern in harmony with the objectives of the comprehensive plan. (PUD is not intended as a means to vary applicable planning and zoning principles.)

(2)

Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and siting of structures and by the conservation and more efficient use of land in such developments.

(3)

The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion.

(4)

A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other.

(5)

An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments.

(6)

Promotion of a desirable and creative environment that might be prevented through the strict application on zoning and subdivision regulations of the city.

(b)

General requirements and standards for a PUD.

(1)

Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved PUD shall be binding on all owners.

(2)

Comprehensive plan consistency. The proposed PUD shall be consistent with the city comprehensive plan.

(3)

Common open space. Common open space at least sufficient to meet the minimum requirements established in this Code and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD.

(4)

Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following:

a.

Landlord-tenant. Landlord control, where only use by tenants is anticipated.

b.

Owners. Property owners association, provided all of the following conditions are met:

1.

Declaration of covenants and conditions. Prior to the use, occupancy or sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document, as specified by the Minnesota Common Interest Ownership Act set out in Minnesota Statutes, Chapter 515B and a set of floor plans, as specified by Minnesota Statutes, Chapter 515B shall be filed with the city, said filing with the city to be made prior to the filings of said declaration or document or floor plans with the recording officers of Hennepin County, Minnesota.

2.

Owner's association. The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs.

3.

Open space permanent. The open space restrictions must be permanent and not for a given period of years.

4.

Liability for costs. The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.

(5)

Staging of public and common open space dedication. When a PUD provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development, shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

(6)

Density. The exact density allowable shall be determined by standards agreed upon between the applicant and the city. Whenever any PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds 25 percent of the proposed residential density of the entire PUD.

(7)

Underground utilities. In any PUD, all utilities, including, but not limited to, telephone, electricity, gas and cable television shall be installed underground.

(8)

Utility connections.

a.

Water connections. Where more than one property is served from the same service line, a shut off valve must be located in such a way that each unit's service may be shut off and secured by the city, in addition to the normally supplied shut off at the street.

b.

Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner.

(9)

Roadways, private.

a.

Design. Private roadways within the project shall have an improved surface to 25 feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building.

b.

Parking. No portion of the required private road system may be used in calculating required off-street parking space or be used for parking.

(10)

Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the city council, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the city council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.

(11)

Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection.

(12)

Refuse. Provision for trash pick-up shall be provided according to a plan approved by the city council.

(13)

Development agreement. Prior to a rezoning or the issuance of a building permit as part of planned unit development, the permit, applicant, builder, or developer shall execute and deliver to the council a development agreement. The agreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning or CUP approval. The agreement shall provide for the installation within one year of the off-site and on-site improvements as approved by the council, secured by a cash escrow or surety bond in an amount and with surety and conditions satisfactory to the city, to insure the city that such improvements will be actually constructed and installed according to specifications and plans approved by the city as expressed in such agreement. The amount of the bond shall be one and one-half times the estimated cost of the improvements as determined by the city engineer or city building official.

(c)

Residential planned unit development, CUP, requirements.

(1)

Purpose. It is the intent of this section to establish special requirements for the granting of a conditional use permit for residential PUD projects which are in compliance with the density, permitted and conditional uses allowed in a specific base district including dwellings, offices and institutional uses of one or more buildings in relation to an overall design, and integrated physical plan and in accordance with the provisions and procedures as prescribed in sections 4-30, 4-33 and 4-34 of this Code.

(2)

Yards.

a.

Setbacks, periphery. The front and side yard restrictions at the periphery of the planned unit development site at a minimum shall be the same as imposed in the respective districts.

b.

Setback, front. No building shall be located less than 20 feet from the back of the curb line along those roadways which are part of the internal street pattern.

c.

Building separation. Buildings within the same lot shall maintain a minimum setback of ten feet between buildings.

(3)

Density bonus. As a consequence of a planned unit development's planned and integrated character, the number of dwelling units allowed within the respective base zoning district may be increased up to 20 percent based upon a finding by the city council that such an increase is consistent with the goals of the comprehensive plan and achieves the PUD stated objectives of subsection 4-34(a) of this Code. The building, parking and similar requirements for these extra units shall be observed in compliance with this Code.

(4)

Townhouses, cooperatives, condominiums.

a.

Frontage. Minimum unit lot frontage for townhouses shall be not less than 24 feet.

b.

Dwelling unit. Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.

c.

Number of units and building length. A townhouse structure shall have three to eight dwelling units with no single wall greater than 48 feet in length without an offset of four feet or more, or an angle of 22½ degrees, or more.

d.

Open space. Townhouse projects shall have an open space area equal to 40 percent of the total project site.

(d)

Commercial or industrial planned unit development, CUP requirements.

(1)

Purpose. The intent of this section is to establish special requirements for the granting of a conditional use permit to allow commercial or industrial PUD projects which are in compliance with the permitted and conditional uses allowed in a specific district in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures prescribed in sections 4-30, 4-33 and 4-34 of this Code.

(2)

Landscaping, screening and surfacing.

a.

Surfacing. The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage.

b.

Drainage. A drainage system subject to the approval of the city engineer shall be installed.

c.

Screening and landscaping. Developments abutting an R-1, R-2, R-3, R-4, R-O, and RB district shall be screened and landscaped in compliance with subsection 4-3(d)(3)d.

(e)

Procedure for processing a planned unit development.

(1)

Stages of PUD. The processing steps for a PUD are intended to provide for an orderly development and progression of the Plan, with the greatest expenditure of developmental funds being made only after the city has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps, outlined in detail in the following sections, are:

a.

Application conference. Preliminary discussions.

b.

General concept plan. Consideration of overall concept and plan.

c.

Development stage plan. One or more detailed plans as part of the whole final plan.

d.

Final plan. The summary of the entire concept and each development stage plan in an integrated complete and final plan.

(f)

Application conference. Upon filing of an application for PUD, the applicant for the proposed PUD shall arrange for and attend a conference with a member of the city staff as designated by the city manager. At such conference, the applicant shall be prepared to generally describe the proposal for a PUD. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of this Code before incurring substantial expense in the preparation of plans, surveys and other data.

(g)

General concept plan.

(1)

Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing his basic intent and the general nature of the entire development before incurring substantial cost. This concept plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements which the city shall review and for which a decision shall be rendered:

a.

Overall maximum PUD density range.

b.

General location of major streets and pedestrian ways.

c.

General location and extent of public and common open space.

d.

General location of residential and nonresidential land uses with approximate type and intensities of development.

e.

Staging and time schedule of development.

f.

Other special criteria for development.

(2)

General concept plan submission information.

a.

General information.

1.

Owner. The landowner's name, address and telephone number and his interest in the subject property.

2.

Applicant. The applicant's name, address and telephone number if different from the landowner. The applicant may designate an agent to be contacted by the city, who may speak for the applicant.

3.

Consultants. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.

4.

Title of applicant. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and such other evidence as the city attorney may require to show the status of title or control of the subject property.

b.

Present status of premises and adjacent properties.

1.

Description. The address and legal description of the subject property. A survey is required.

2.

Zoning. The existing zoning classification and present use of the subject property and all lands within 500 feet of the subject property.

3.

Map. A single reproducible map or aerial photograph at a scale of not less than one inch equals 100 feet, depicting the existing development of the subject property and all land within 500 feet thereof and showing the precise location of existing streets.

c.

Narrative description. A written statement generally describing the proposed PUD and the market which it is intended to serve, showing its relationship to the city's comprehensive plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.

d.

Site conditions. Where deemed necessary by the city, graphic reproductions of the existing site conditions at a scale of not less than one inch equals 100 feet shall be submitted and shall contain the following:

1.

Survey showing lot dimensions and existing easements and utilities.

2.

Contours—Minimum two foot intervals.

3.

Location, type, and extent of tree cover.

4.

Slope analysis.

5.

Location and extent of water bodies, wetlands, and streams and flood plains within 300 feet of the subject property.

6.

Existing drainage patterns.

7.

Vistas and significant views.

8.

Soil conditions as they affect development.

All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.

e.

Concept drawing. Schematic drawing of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses.

f.

Number of units. A statement of the estimated total number of dwelling and/or other units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:

1.

Area devoted to residential uses.

2.

Area devoted to residential use by building or structure or use type.

3.

Area devoted to common open space.

4.

Area devoted to public open space.

5.

Approximate area devoted to streets.

6.

Approximate area, and potential floor area, devoted to commercial uses.

7.

Approximate area, and potential floor area, devoted to industrial or office uses.

g.

Staged development. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage.

h.

Common areas. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted during the development stage.

i.

Covenants. General intent of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

j.

Market feasibility. Where deemed necessary, a market feasibility study including an analysis of the proposals economic impact on the city.

(3)

General concept plan process.

a.

Developer attends application conference and files application for a PUD conditional use permit or PUD rezoning and platting if property is unplatted concurrently with the submission of the general concept plan. The application review shall follow the procedures of subsection 4-30(c) of this Code.

b.

The city manager provides for staff and planning commission committee review of the proposal and sets a public hearing, after published notice, before the planning commission.

c.

Planning commission shall hold a public hearing pursuant to mailed, published and posted notice.

d.

Planning commission shall make a recommendation to the city council on the general concept plan.

e.

City council reviews all recommendations and approves or denies general concept plan as presented or amended.

(4)

Limitation on general concept plan approval. Unless a development stage plan covering at least ten dwelling units on the area designated in the general concept plan as the first stage of the PUD, whichever is greater, has been filed within nine months from the date council grants general concept plan approval, or in any case where the applicant fails to file development stage and final plans and to proceed with development in accordance with the provisions of this Code and of an approved general concept plan, the approval may be revoked by council action. The council at its discretion may extend the filing deadline for a development stage plan, when, for good cause shown, such extension is necessary or desirable and in the public interest.

(5)

Optional submission of development stage plan. In cases of single stage PUD or where the applicant wishes to begin the first stage of a multiple stage PUD immediately, they may, at their option, submit development stage plans for the proposed PUD simultaneously with the submission of the general concept plan. In such case, the applicant shall comply with all the provisions of the Code applicable to submission of the development stage plan. The planning commission and council shall consider such plans simultaneously and shall grant or deny development stage plan approval in accordance with the provisions of section 4-34.

(h)

Development stage plan.

(1)

Purpose. The purpose of the development stage plan is to provide one or more specific and particular plans upon which the planning commission will base its recommendation to the council and with which substantial compliance is necessary for the preparation of the final plan.

(2)

Submission of development stage. Upon approval of the general concept plan, and within the time established elsewhere in section 4-34, the applicant shall file with the city manager a development stage plan consisting of the information and submissions required by section 4-34 for the entire PUD or for one or more stages thereof in accordance with a staging plan approved as part of the general concept plan. The development stage plan shall refine, implement and be in substantial conformity with the approved general concept plan.

(3)

Review and action by city staff and planning commission. Immediately upon receipt of a completed development stage plan, the city manager shall refer such plan to the appropriate city staff, planning commission or its committees and other special review agencies such as DNR or EQC, etc. where applicable.

(4)

Development stage plan review criteria. The evaluation of the proposed development stage plan shall include but not be limited to the following criteria:

a.

Individual rights. Adequate property control is provided to protect the individual owners' rights and property values and the public responsibility for maintenance and upkeep.

b.

Traffic plan. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public.

c.

Open space. A sufficient amount of useable open space is provided.

d.

Privacy and property values. The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses.

e.

Compatibility. The architectural design of the project is compatible with the surrounding area.

f.

Drainage. The drainage and utility system plans are submitted to the city engineer and the final drainage and utility plans shall be subject to their approval.

g.

Sound development. The development schedule insures a logical development of the site which will protect the public interest and conserve land.

h.

Platting code. The development is in compliance with the requirements of the New Hope Subdivision Code.

i.

District requirements. Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.

(5)

Development stage submission information. Development stage submissions should depict and outline the proposed implementation of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include but not be limited to:

a.

Zoning required. Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan.

b.

Preliminary plat. 20 sets of a preliminary plat, following provisions of the platting section chapter 13 of this Code, plus the following:

1.

Buildings. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, or proposed buildings, and existing buildings which will remain, if any.

2.

Traffic circulation. Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements.

3.

Common areas. Location, designation and total area of all common open space.

4.

Public open space. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.

5.

Locate existing structures. The location, use and size of structures and other land uses on adjacent properties.

6.

Landscaping. Preliminary sketches of proposed landscaping.

7.

Drainage and grading. General grading and drainage plans for the developed PUD.

8.

Other data. Any other information that may have been required by the planning commission in conjunction with the approval of the general concept plan.

9.

Legal description. An accurate legal description of the entire area within the PUD for which final development plan approval is sought, correlated to the legal description defining use districts in this Code.

c.

Areas of use. A tabulation indicating the approximate gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning, supermarket).

d.

Architectural plans. Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings, including mobile homes.

e.

Landscaping plan. A detailed landscaping plan including the type, size and quantity of all existing and proposed plantings.

f.

Grading plan. Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan.

g.

Final plats. A final plat in recordable form in accordance with chapter 13, the platting chapter of this Code.

h.

Erosion control. A soil erosion control plan acceptable to watershed districts and any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

i.

Document changes. A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data.

j.

Additional data. Such other and further information as the planning commission, city manager or council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.

(6)

Process.

a.

Application. Developer shall make application for subdivision approval under the platting section of this Code (first phase of PUD) at least 15 days prior to planning commission meeting, for conditional use permits and rezoning, if required, and the development stage of the plan is presented in writing to the city manager, for review negotiation of proposed changes at staff level, and for forwarding to the planning commission for consideration at a public hearing.

b.

Public hearing. Planning commission sets one or more public hearings, as required to establish jurisdiction over the various phases of the plan.

c.

Planning commission holds one or more public hearings, which may consider such individual or combined phases of the PUD as may be necessary or desirable, including general concept plan, development stage plan, rezoning text or boundary amendments, conditional use permits and preliminary and final platting.

d.

Within 60 days of the public hearing, or such further time as may be agreed to by the applicant, the planning commission shall itself review said reports and plans and submit its written report and recommendations to the council and applicant. Such report shall contain the findings of the planning commission with respect to the conformity of the plan to the comprehensive plan, with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the general concept plan and with respect to the compliance of the development stage plan with the provisions of this Code and all other applicable federal, state and local codes. If the planning commission shall find substantial conformity between such plans or that any lack of substantial conformity merits approval and shall further find the development stage plan to be in all other respects complete and in compliance with this Code and other applicable federal, state and local codes it shall make its recommendations to the city council.

d.

Within 30 days of receipt of the report and recommendation of the planning commission, the council may grant approval, return the plan to the planning commission for further consideration of specified items or deny approval of the plan, with written findings of fact.

e.

The terms of the PUD as approved by the city council shall be embodied in a PUD agreement, development contract, and such other documents as the city shall deem necessary or desirable. The PUD agreement and any appropriate resolution of the city council shall be filed with the Hennepin County Recorder at the expense of the applicant. At the election of the city, filing of the development stage PUD may be delayed until the final plan is filed. Where the development stage plan is denied approval, council action shall be by written resolution setting forth its findings and conclusions in support of its action. In all cases, a certified copy of the document evidencing council action shall be promptly mailed to or served upon the applicant.

(7)

Limitation on development plan approval. Unless a final plan covering the area designated in the development stage plan as the first stage of the PUD has been filed within six months from the date council grants development stage plan approval, or in any case where the applicant fails to file final plans and to proceed with development in accordance with the provisions of this Code and/or an approved development stage plan, the approval shall expire. The council may at its discretion, extend for not more than six months, the filing deadline for any final plan when, for good cause shown, such extension is necessary. In any case where development plan approval expires, the council may adopt a resolution repealing the general concept plan approval and the development stage plan approval for that portion of the PUD that has not received final plan approval and re-establishing the zoning and other code provisions that would otherwise be applicable.

(i)

Final plan.

(1)

Purpose. The final plan is to serve as a complete, and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other provisions of the city code as the land use regulation applicable to the PUD.

(2)

Submission of final plan. Upon approval of the development stage plan, and within the time established herein the applicant shall file with the zoning administrator a final plan consisting of the information and submissions required by this Code for the entire PUD or for one or more stages. The final plan is intended only to add detail to, and to put in final form, the information contained in the general concept plan and the development stage plan and shall conform to the development stage plan in all respects, and shall be integrated as a coherent statement of the entire plan. Appropriate cross-referencing and incorporation of recorded documents may be utilized.

(3)

Final plan submission information. After approval of a general concept plan for the PUD and approval of a development stage plan for a section or sections of the proposed PUD, the applicant will submit the following material for review by the city staff prior to issuance of a building permit:

a.

Recording proof. Certified copies establishing the recording of any easement or other documents required by the city prior to the sale of any land or dwelling unit included in the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

b.

Final plans, structures. Final architectural working drawings at all structures.

c.

Final engineering plans. Final engineering plans and specifications for streets, drainage, utilities and other public improvements, together with a development contract providing for the installation of such improvements and financial guarantees for the completion of such improvements as provided in chapter 13.

d.

Other plans. Any other plans, agreements, or specifications necessary for the city staff to review the proposed construction. All work must be in conformance with the building code of the city.

(4)

Recording of final plan. Within 60 days of its approval, the applicant, or at its election, the city, shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the county recorder or registrar of titles, at the expense of the applicant. Certified copies of all relevant recorded documents shall be furnished to the city.

(5)

Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the city manager that the approved final plan or appropriate development stage plan and development agreement has been recorded, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final plan or intermediate development stage plan provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that all requirements of this Code which are applicable to the permit sought, have been satisfied.

(6)

Limitation on final plan approval. Within one year after the approval of a final plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted and hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning code, and other Code provisions, applicable in the district in which it is located. In such case, the council shall adopt a resolution repealing the PUD permit and PUD approvals and re-establishing the zoning and other provisions that would otherwise be applicable.

(Ord. No. 15-05, § 1, 2-9-2015; Ord. No. 17-10, § 4, 12-11-2017)