§ 152.106 PLANNED UNIT DEVELOPMENT (PUD).
   (A)   Applicability. PUDs are processed using a development stage PUD plan and final stage PUD plan process. Concurrent processing with platting shall be allowed as appropriate. The development stage and final stage PUD plan processes may also occur simultaneously when the complexity of the project will allow.
   (B)   Pre-application meeting.
      (1)   Before submitting the development stage PUD plan application to the city, the developer shall meet with the City Administrator, Planning Coordinator, City Engineer, Public Works Director, and any other such personnel as may be deemed necessary to determine the feasibility and suitability of the application.
      (2)   This step is required so that the developer may obtain information and guidance from city officials before entering into any binding commitments or incurring substantial expenses of the site and plan preparation.
      (3)   During this meeting, staff will determine if the project must go through the concept planning process specified in § 151.078 Concept Plan.
      (4)   During this meeting, staff will also determine if the proposed project is eligible for concurrent review of the development and final stage PUD plans.
   (C)   Development stage PUD procedure.
      (1)   The application for a development stage PUD Plan shall be made and processed using the same procedure as outlined in § 152.100 Common Procedures and Requirements.
      (2)   An application for preliminary plat with all necessary materials shall be filed simultaneously. The Zoning Administrator may defer submission of the preliminary plat until the final stage PUD plan is submitted.
      (3)   If staff has determined a PUD to be eligible, applicants may apply for concurrent development and final stage PUD plan approval by submitting all information required for both applications simultaneously.
      (4)   Criteria for review. The City Council shall base its actions regarding a development stage PUD plan upon the following criteria:
         (a)   Consistency of the plan with the standards, purposes, and intent of this chapter.
         (b)   Consistency of the plan with the Byron Comprehensive Plan’s vision, mission, values, and policies;
         (c)   The adequacy of internal site organization, circulation, parking facilities, public facilities, recreational areas, open spaces, sidewalks, trails, buffering, and landscaping;
         (d)   The ability of the area surrounding the PUD to be planned and developed in coordination and substantial compatibility with the proposed development; and
         (e)   Other factors as the city deems relevant.
      (5)   Official map designation. After approval of the development stage PUD plans, the PUD shall be designated on the city's Official Zoning Map.
   (D)   Final stage PUD procedure.
      (1)   Within 12 months after the development stage PUD plan has been approved, the applicant shall submit an application for final development plan approval. Failure to do so shall result in the development stage PUD plan becoming null and void.
      (2)   The final stage PUD plan may, if permitted by the City Council as part of a phasing plan approved during the development stage PUD review, constitute only that portion of the approved development stage PUD plan which the applicant proposes to record at that time.
      (3)   The City Council, upon written request by the developer, may extend the period permitted for the final stage PUD plan application for periods of not more than 12 months each upon a finding that:
         (a)   The proposed use(s) is consistent with the Byron Comprehensive Plan at the time the request for an extension is considered; and
         (b)   The project design meets the applicable City Code standards in effect at the time the request for an extension is considered, or the design is modified to satisfy those standards.
      (4)   The application for final stage PUD plan shall be made and processed using the same procedure as outlined in § 152.100 Common Procedures and Requirements with the exception of a public hearing.
      (5)   Criteria for review. The City Council shall base its actions regarding a final stage PUD plan upon the final plan’s substantial compliance with the approved development stage PUD plan. Substantial compliance shall mean:
         (a)   The development's residential density has not altered over 5%;
         (b)   The floor area of nonresidential uses has not been altered by over 5%;
         (c)   Open space has not been decreased or altered to change its original design or use;
         (d)   All conditions prescribed in the development stage PUD plan approval have been incorporated into the final stage PUD plan, and the original development concept has not been altered;
         (e)   Consistency of the plan with the standards, purposes, and intent of this chapter; and
         (f)   Consistency of the plan with the Byron Comprehensive Plan’s vision, mission, values, and policies.
      (6)   If approval is granted, a PUD permit shall be issued to the developer by the Zoning Administrator which shall contain any conditions attached by the Council.
   (E)   Effect of final stage PUD plan decision.
      (1)   Recording.
         (a)   Within one year after the final stage PUD plan has been approved by the City Council, all conditions of approval shall be met, required improvements shall be installed or a contract and sureties insuring their installation shall be filed, and a complete final stage PUD plan shall be provided to the city.
         (b)   At the city’s discretion, the applicant shall record portions of the final stage PUD plan with Olmsted County.
         (c)   Failure to fulfill provisions (a) and (b) above shall result in the requiring of a new development stage PUD plan which must be reviewed in accordance with the procedure set out in § 152.100 Common Procedures and Requirements to ensure compliance with any new requirements.
         (d)   An applicant may request an extension of the expiration date from the City Council. The Council may extend the approval for an additional period not to exceed one year.
      (2)   Phased PUD.
         (a)   It is recognized that certain PUDs may involve construction over an extended period of time.
         (b)   If it is proposed to develop a project during a period exceeding two years, the developer shall submit a phasing plan in accordance with § 151.079(C) as part of the development stage PUD plan application.
      (3)   No building permit shall be issued for a building in a PUD until the plans have been reviewed and approved by the Zoning Administrator, Planning Coordinator and the Building Official.
   (F)   Termination of final stage PUD plan approval. If final stage PUD plan approval is given and thereafter the applicant wishes to abandon the plan, the applicant shall notify the city in writing. Upon a finding by the Planning Commission that there has not been substantial development (as indicated by installation of utilities or completion of 5% of the proposed floor area) within the site area within 24 months after final development plan approval was granted, such final stage PUD plan approval may be terminated after public hearing by the Planning Commission and upon approval by the Council.
   (G)   Amendment of a PUD.
      (1)   No changes in the final stage PUD plan may be made unless they are shown by the applicant to be required by changes in conditions or circumstances not foreseen at the time of the final plan approval.
      (2)   Proposed development of land for which a PUD has been approved or modifications to an existing project which does not conform to the approved final stage PUD plan shall be processed as either a minor amendment or a major amendment.
      (3)   Minor amendments meeting the requirements of provision (D)(5) above may be reviewed and approved administratively by the Zoning Administrator.
      (4)   Any major amendment to the final PUD plan shall require review and approval of the development stage and final stage PUD plans using the procedure identified in § 152.100 Common Procedures and Requirements. The development stage and final stage PUD plans may be reviewed concurrently. An amendment shall be considered major if it involves any change greater than specified in provision (D)(5) above.
         (a)   The Planning Commission and City Council decision on the proposed change shall be based on all requirements of Chapters 151 Subdivision Regulations and 152 Zoning Regulations and the approved PUD plans.
      (5)   Related subdivision amendments.
         (a)   A development approved as a PUD may be subdivided or resubdivided after the final plat and final stage PUD plan have been approved and development completed or partially completed.
         (b)   If a proposed subdivision or resubdivision of a PUD will create a new lot line, move a lot line, or involves any public utility or street easement or right-of-way, the applicant shall make application to the city for the approval of the subdivision or resubdivision.
         (c)   The subdivision or resubdivision of a PUD shall be processed by the city under the same procedures, rules, and regulations as for a final plat and an amendment to the PUD.
         (d)   All pertinent information required by the Planning Commission and City Council shall be submitted with the application forms.
         (e)   Any approved changes shall be recorded as amendments to the final stage PUD plan and final plat.
         (f)   Where such proposal for subdivision or resubdivision requires the change of use, density or bulk standards, open space and other provisions or requires other changes in the approved final plan, a conditional use application shall be filed simultaneously with proper application for subdivision or resubdivision.
(Ord. 2023-02, passed 5-9-23)