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AWACDMENiS <br />A — Proposed Ordinance <br />FINDINGS <br />Zoning Code Chapter 7 Planned Developmrnm. <br />ORDINANCEANALlon <br />flus proposed amendment would address expiration dates in two ways: 1) The City Council <br />shall specify a Commencement Date and Compliance Dow for every approved PRD and PUD or <br />2) a Commencement Dam of six months and a Compliance Date of 18 months would be in force <br />absent City Commil specifies dales. For the purposes of this amendment, Commemement Dem <br />is when a building permit is obtained and Compliance Dam is when construction small <br />development is complete. It should also be ruled that the amendment allows for City Council <br />extrusion of Commencement and Compliance Dares, so long as it is requested in writing in <br />advance of the expiration date. This process is very similar to what exists today for nearly every <br />other hand use approval, such as special use permits, variances, nnvwnfonulng use permits, site <br />plans, ew. <br />Logistically, the ordinance is split up m two sections, one for the FRU requirements; and one for <br />the PUD tequvements. But, the expiation language is nearly, identical. The only difference is <br />additional clarification was needN in the PRD section to account for staged developments. The <br />two sections are: <br />1) Section 7-100(2): PRD expiration language for staged developments <br />Section] -100(7!): PRD expcation language for all other developments <br />2) Section 7-250: PUD expiration language(all developments) <br />Thus amendment was dmRed by the City Attorney. Should both the Planning Commission and <br />City Council recommend approval of the code amendment, it wouldn't officially become <br />effectiw will the ordirmvice is published in the city's official newspaper. The earliest this would <br />occur would be May 5, 2010. Al that point, Brighmndale would be notified they have until <br />October 31, 2010 to pull a building permit fun their project, then April 31, 2012 to complete the <br />project. Failure to meet either of these deadlines would result at their approval becoming null <br />and void. <br />STAFF RECOMMENDATION <br />Recommend the City Council adapt the proposed ordinance amending Zoning Code Sections 7- <br />100(2),7-100(7), arta 7-250. <br />6kAaz CulWAG <br />Janice Gundlach, City Plancer <br />