2700.4: PROCEDURE FOR PROCESSING A PLANNED UNIT DEVELOPMENT:
   A.   General Processing Requirements:
      1.   The PUD request shall be processed according to chapter 300 of this ordinance. Separate application shall be required for the PUD zoning and each PUD review stage. Said application shall be accompanied by a fee and escrow established in section 3-1-3 of the city code.
      2.   Whenever an application for a concept stage, development stage, or final plan stage planned unit development has been considered and denied by the city council, a similar application and proposal for a planned unit development affecting either a portion or all of the same property shall not be considered again by the planning commission or city council for at least one year from the date of its denial, except as follows:
         a.   Applications are withdrawn prior to the city council taking action on the matter.
         b.   If the city council determines that the circumstances surrounding a previous application have changed significantly.
         c.   If the city council decides to reconsider such matter by a four-fifths (4/5) vote of the entire city council.
   B.   Preapplication Conference: Prior to filing an application for a PUD, the applicant of the proposed PUD is encouraged to arrange for and attend a conference with the zoning administrator. 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 the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data.
   C.   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 without incurring substantial cost. The following elements of the proposed general concept plan represent the immediately significant elements for city review and comment:
         a.   Overall maximum PUD density range.
         b.   General location of major streets and pedestrianways.
         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.   Schedule:
         a.   Applicant meets with the zoning administrator to discuss the proposed developments.
         b.   The applicant shall file the concept stage application, together with all supporting data and a filing fee established in section 3-1-3 of the city code.
         c.   Within thirty (30) days after verification by the city that the required plan and supporting data is adequate, the request shall be processed in accordance with the applicable procedures and schedule as defined by this section or section 2700.3 of this chapter.
      3.   Optional Submission Of Development Stage Plan: In cases of single stage PUDs or where the applicant wishes to begin the first stage of a multiple stage PUD immediately, he may, at his option, initially submit development stage plans for the proposed PUD. In such case, the planning commission and city council shall consider such plans, grant or deny development stage plan approval in accordance with the provisions of this chapter.
      4.   Effect Of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing development stage and final plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this chapter or of any approval granted pursuant hereto, a general concept plan which has been approved shall not be modified, revoked or otherwise impaired pending the application of development stage and final plans by any action of the city without the consent of the applicant.
      5.   Limitation On General Concept Plan Approval: Unless a development stage plan covering at least ten (10) dwelling units or the area designated in the general concept plan as the first stage of the PUD, whichever is greater, has been filed within six (6) 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 ordinance and of an approved general concept plan, the approval shall lapse. Upon request of the applicant, the city council, at its discretion, may extend, for additional periods not in excess of six (6) months each, the filing deadline for any development stage plan when, for good cause shown, such extension is necessary.
   D.   Development Stage:
      1.   Purpose: The purpose of the development stage plan is to provide a specific and particular plan 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 in subsection C5 of this section, the applicant shall file with the zoning administrator a development stage plan consisting of the information and submissions required by subsection C5 of this section, as well as applicable fees as established in section 3-1-3 of the city code, 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:
         a.   Immediately upon receipt of a completed development stage plan, said plan shall be referred to the following city staff and/or official bodies for the indicated action:
            (1)   The city attorney for legal review of all documents.
            (2)   The city engineer for review of all engineering data and the city/developer agreement.
            (3)   The building official for review of all building plans.
            (4)   The zoning administrator or his agent for review of all plans for compliance with the intent, purpose and requirements of this ordinance and conformity with the general concept plan and comprehensive plan.
            (5)   The planning commission for review and recommendation to the council.
            (6)   When appropriate, as determined by the zoning administrator, to other special review agencies such as the watershed districts, soil conservation services, highway departments or other review agencies and governmental jurisdictions.
         b.   The review and action by city staff and/or official bodies or agencies so designated shall be completed within ninety (90) days of receipt of a completed development stage plan.
      4.   Council Action: Within one hundred fifty (150) days of the receipt of a completed development stage plan, the city council shall act to deny or approve the request.
      5.   PUD Enactment: Final approval of a PUD zoning district map amendment shall be considered granted only at the time of development stage plan approval by the city council.
      6.   Limitation On Development Stage 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 (6) 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 chapter and/or an approved development stage plan, the approval shall expire. Upon application by the applicant, the council, at its discretion, may extend for not more than six (6) months the filing deadline for any final plan when, for good cause shown, such extension is necessary.
      7.   Site Improvements: At any time following the approval of a development stage plan by the council, the applicant may, pursuant to the applicable city code provisions, apply for, and the city engineer may issue, grading permits for the area within the PUD for which development stage plan approval has been given.
   E.   Final Plan:
      1.   Purpose: The final plan is to serve as a complete, thorough 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. The final plan shall serve in conjunction with other city code provisions as the land use regulation application to the PUD. The final plan is intended only to add detail to, and to put in final form, the information contained in the development stage plan and shall conform to the development stage plan in all respects.
      2.   Schedule:
         a.   Upon approval of the development stage plan, and within the time established in subsection D6 of this section, the applicant shall file with the zoning administrator a final plan consisting of the information and submissions required in subsection 2700.3C of this chapter, as well as applicable fees as established in section 3-1-3 of the city code, for the entire PUD or for one or more stages. This plan will be reviewed and approved or denied by city staff.
         b.   Within thirty (30) days of its approval, the applicant shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the county recorder or registrar of titles. The applicant shall provide the city with a signed copy verifying county recording within forty (40) days of the date of approval.
      3.   Building And Other Permits: Except as otherwise expressly provided herein, upon receiving notice from the zoning administrator that the approved final plan has been recorded and upon application of the applicant pursuant to the applicable city code provisions, 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; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and city code provisions which are applicable to the permit sought have been satisfied.
      4.   Limitation Of 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 as 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 this ordinance, and other city code provisions, applicable in the district in which it is located. In cases involving PUD rezoning, the council shall forthwith adopt an ordinance repealing the PUD and all PUD approvals and reestablishing the zoning and other city code provisions that would otherwise be applicable. The time limit established by this subsection E4 may, at the discretion of the council, be extended for not more than one year.
      5.   Inspections During Development:
         a.   Following final plan approval of a PUD, or a stage thereof, the zoning administrator shall, at least annually until the completion of the development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.
         b.   If the zoning administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, the city shall: by ordinance revoke the PUD permit, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it deems necessary to compel compliance with the final plans as approved; or shall require the landowner or applicant to seek an amendment to the final plan. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-3, 3-4-1996; 2005 Code; Ord. 2007-12, 10-1-2007; Ord. 2017-01, 1-3-2017; Ord. 2019-13, 12-16-2019)