Mr. Nowicki commented that this was one of the reasons why the PUD was |
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eliminated years ago because there was mixed commercial with residential apartments, |
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etc. It was discontinued because the development went into more residential and |
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there was no interest in developing the apartments and the commercial along Tienken |
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Road near Fairview Farms Subdivision. The most successful PUD development |
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during this time was on Auburn Road. There was a problem years ago with the PUD |
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because you could not get anyone to develop in a mixed commercial area. |
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Mr. Staran pointed out that the process would involve amending the agreement. The |
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rezoning that would take place would be a rezoning to affect the PUD designation but |
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more specifically and appropriately it would be to amend the PUD agreement. It |
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would be very similar to what is done with consent judgments. There were a number |
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of properties in the city that were enmeshed in zoning law suits that were effectively |
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zoned through a court order of consent judgment and over time a few of them have |
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come up where there have been changes desired either by the property owner and/or |
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the city. What the city would be looking at, even though it is not spelled out in the |
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PUD ordinance, would be that you would have to go back to square one and |
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someone would have to come and present a plan to the Planning Commission |
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proposing not only what they are going to do but what changes would be necessary to |
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the PUD agreement and/or perhaps the overlay zoning concept. It would very similar |
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to an amended consent judgment process. Mr. Staran also indicated that it is not |
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essential to have this written into the PUD agreement but it may beneficial to see if |
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there is some language that could be put into the document. It wouldn’t hurt to add |
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another sentence or paragraph referencing any future amendments or modifications. |
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