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MEMORANDUM <br />TO: Chris Anderson <br />FROM: Joseph Langel, City Attorney <br />DATE: January 24, 2018 <br />RE: Existing PUD Zoning <br />You asked for an opinion on the following: <br />Facts <br />In 2006, the City rezoned property from R-1 to PUD for the Shadetree Cottages development. <br />The PUD zoning contained specific standards unique to this property, such as lot size, lot <br />width, street width, front and side setback, and cul-de-sac length. The project never moved <br />forward and the final plat and approved site plan have long since lapsed. The developer is now <br />interested in moving the project forward again. The zoning standards for PUD's changed since <br />the original rezoning, including the addition of new requirements that did not exist in 2006 <br />(e.g., wetland setback and lot depth minimum). Also, the road alignment for Potassium Street <br />will change from the original plan due to subsequent issues with new owners of the adjacent <br />property. <br />Is the existing PUD zoning still valid? <br />Issue <br />Analysis <br />No, not under these circumstances. As a general rule, zoning does not expire or change on its <br />own. Once a property is zoned in a particular manner, it remains in that zoning category unless <br />and until it is changed again by the City Council. Technically, the property at issue is still <br />zoned PUD. PUD zoning, however, is tied to the site plan that was approved by the Council at <br />the time the zoning was approved. See generally, City Code § 117-123(d) (rezoning to PUD is <br />driven by site plan review and approval). <br />Here, the approved site plan was never acted on and it lapsed. The Council has the right to <br />restore the zoning to what it was previously. City Code § 117-123(i). Given the lapse, there is <br />