A. General Processing Requirements: The PUD request shall be processed according to chapter 3 or 4 of this title as may be applicable, except as herein modified.
B. Application Conference: Prior to filing of an application for 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 the 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/intensity 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. (Prior Code § 20-36-4)
2. Schedule:
a. The applicant shall file the concept stage application, together with all supporting data and filing fee as set out in section 3-1-2 of this Code. (Prior Code § 20-36-4; amd. 2018 Code)
b. Within fifteen (15) working days after verification by the City that the application and required supportive material is completed and adequate, the request shall be processed in accordance with the applicable procedures and schedule as defined by chapter 3 or 4 of this title.
3. Optional Submission Of Development Stage Plan: In the case of single stage PUDs or where the first stage of a multiple stage PUD is to begin immediately, the applicant may initially submit development stage plans and supportive material. In such case, the City shall consider and act upon such plans according to the applicable 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 title or of any approval granted pursuant thereto, 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 the City 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 title and of an approved general concept plan, the approval shall be null and void and shall lapse. Upon request by 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 City Council and with which substantial compliance is necessary for the preparation of the final plan.
2. Submission Of Plan: Upon approval of the general concept plan, and within the time established in subsection C5 of this section, the applicant shall file with the City a development stage plan consisting of the information and submissions required by subsection B of this section 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 designated agent for review of all plans for compliance with the intent, purpose and requirements of this title and conformity with the general concept plan and Comprehensive Plan.
(5) The Planning Commission for review and recommendation to the City Council.
(6) When appropriate, as determined by the Zoning Administrator, to other special review agencies and governmental jurisdictions.
b. The review and action by City staff and/or official bodies so designated shall be completed within ninety (90) days of the receipt of a completed development stage plan.
4. Council Action: Except when a delay is requested in writing by the applicant, within one hundred eighty (180) 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 conditional use permit or 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 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 the City 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 title and/or an approved development stage plan, the approval shall be null and void and shall expire. Upon application by the applicant, the City 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 City Council, and completion and execution of a PUD agreement governing the project, the applicant may, pursuant to the applicable City Code provisions apply for, and the City may issue, grading permits for the area within the PUD for which development stage plan approval has been given. Securities as appropriate may be required of the applicant.
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. It 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 City a final plan consisting of the information and submissions required in subsection D of this section for the entire PUD or for one or more stages. This plan will be reviewed and approved or denied by City staff, subject to appeal.
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 Wright County Recorder. The applicant shall provide the City with a signed copy verifying County recording within forty (40) days of the date of approval or the approval shall be null and void.
3. Building And Other Permits: Except as otherwise expressly provided herein, upon receiving notice from the City that the approved final plan has been recorded and upon application of the applicant pursuant to the applicable provisions of this Code, 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 City is first satisfied that the requirements of all codes and provisions of this Code which are applicable to the permit sought, have been met.
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 title and other City Code provisions applicable in the district in which it is located. In such cases, the City Council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and reestablishing the zoning provisions and other provisions of this Code that would otherwise be applicable. The time limit established may, at the discretion of the Council, be extended for not more than one year.
5. Inspections During Development:
a. Compliance With Overall Plan: Following final plan approval of a PUD, or a stage thereof, the City 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. Failure To Follow Schedule Or Plan: If the City 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 either 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 shall deem 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. (Prior Code § 20-36-4)