Counselors, The owners of most of the undeveloped property within a previously approved multi-use Planned Unit Development wants to amend the PUD to change zoning on some tracts and to reconfigure that portion of the undeveloped PUD that it owns. The PUD encompasses nearly a quarter section. The PUD includes a master development plan map designating separate tracts and a including a planned public road. The question has been raised whether all owners of tracts encompassed by the original PUD must join as applicants in the rezoning request, or whether the owners of the undeveloped tracts can apply to amend the PUD without other owners joining in that request. On one hand, a PUD is a negotiation process, with the owner and the City coming to an agreement on the zoning uses allowed, the configuration of the development, and the amenities required through that process. If this were purely a contract, Oklahoma law would require that every party to the contract agree to any change (unless the contract allowed amendments based on approval of less than all parties). While a PUD is not strictly a contract, an owner of a tract within a PUD may not be pleased if the owner of some other tracts removed themselves from the PUD by seeking different zoning or an amendment to the PUD zoning without my agreement. I can see an argument that the PUD zoning is similar to restrictive covenants and should not be changed without concurrence of all owners. While the master development plan map is not an approved final plat, any submitted plat must conform to the master development plan map. And once a final play has been approved that plat would have to be vacated before the property could be reconfigured by another submitted plat. Vacating a filed plat would require the consent of all owners or a court action. On the other hand, people file to change zoning on property all the time. Sometimes a lot split is approved and the owner of the split lot will file to change zoning on the split lot even though the original zoning included more property than just the split lot. I am not aware of anything requirement in PUD provisions that prohibit a party from seeking to rezone part of a tract encompassed by the master development plan map and included in a prior PUD. If all owners were required to join in a request to amend the PUD or to rezone part of a tract included in a PUD, then other owners might be able to stop a rezoning request that would be beneficial to the city. I would appreciate any thoughts or insight. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.