Subd. 1. Purpose. This District is established to provide comprehensive procedures and standards designed for district planned unit development to allow the development of neighborhoods or portions thereof incorporating a variety of residential types and nonresidential uses. Recognizing that traditional density, bulk, setbacks, use and subdivision regulations which may be useful in protecting the character of substantially developed areas may not be appropriate to control development in less developed areas. Specifically, P.U.D. is intended to encourage:
a. Innovations in residential development to the end that the growing demands for housing at all economic levels may be met by greater variety in tenure, type, design and siting of dwellings and by the conservation and more efficient use of land in the developments;
b. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects;
c. More convenience in location of commercial and service areas within a given project or area, allowing more efficient and desirable transitions between residential and nonresidential land uses;
d. The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion;
e. A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses;
f. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering housing costs and public investments;
g. A development pattern in harmony with the objectives of the City Comprehensive Plan;
h. A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the city;
i. To give the landowner and developer reasonable assurance of ultimate approval before expending complete design monies while providing city officials with assurances that the project will retain the character envisioned at the time of concurrence;
j. To allow variation from the provisions of this chapter, including setbacks, height, lot area, width and depth, yards and the like internally within the project. Provisions of this chapter shall generally be maintained at the periphery of the project area.
Subd. 2. Permitted Uses. The development agreement for any proposed P.U.D. shall set forth the uses permitted within the proposed P.U.D. All permitted, accessory, or conditional uses allowed in this chapter may be considered for a P.U.D. However, any P.U.D. that includes a mixture of residential and nonresidential uses shall be limited to property containing no less than four acres of gross land area.
Subd. 3. Special procedures. The establishment of a P.U.D., Planned Unit Development District shall be subject to the amendment procedure requirements as outlined in § 1201.04, Subd. 1. Each of the three stages of the review process shall require a separate application.
Subd. 4. General requirements and standards.
a. Ownership. An application for P.U.D. approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved final plan shall be binding on all owners.
b. Comprehensive Plan consistency. The proposed P.U.D. shall be consistent with the City Comprehensive Plan.
c. Sanitary sewer plan consistency. The proposed P.U.D. shall be consistent with the City Comprehensive Sewer Plan.
d. Common and public open space. Common and public open space at least sufficient to meet the minimum requirements established in the Comprehensive Plan and Zoning and Subdivision Ordinances and the complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the P.U.D. shall be provided within the area of the P.U.D.
e. Operating and maintenance requirements for P.U.D. common open space service facilities. Whenever common open space or service facilities are provided within the P.U.D., the P.U.D. plan shall contain provisions to assure the continued operation and maintenance of the open space and service facilities to a predetermined reasonable standard. Common open space service facilities within a P.U.D. may be placed under the ownership of one or more of the following, as approved by the City Council:
(1) Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication;
(2) Landlord control, where only use by tenants is anticipated;
(3) Property Owners Association, provided all of the following conditions are met:
(a) Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by M.S. Chapter 515, as it may be amended from time
to time, and a set of floor plans such as specified by Chapter 515, as it may be amended from time to time, shall be filed with the city, and filing with the city to be made prior to the filings of the declaration or document or floor plans with the recording officers of Hennepin County, Minnesota;
(b) The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration;
(c) The declaration of covenants, conditions and restrictions shall provide that an owner’s association or corporation shall be formed and that all owners shall be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control;
(d) The declaration shall additionally provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which the expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. The assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each assessment is made;
(e) Membership must be mandatory for each owner and any successive buyer;
(f) The open space restrictions must be permanent and not for a given period of years;
(g) The Association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it;
(h) Property owners must pay their pro rata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes;
(i) The Association must be able to adjust the assessment to meet changed needs;
(j) The bylaws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final P.U.D. plan;
f. Staging of public (park dedication) and common open space. When a P.U.D. provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire P.U.D. as the stages or units completed or under development bear to the entire P.U.D.
g. Residential density. The maximum allowable density in a P.U.D. shall be determined by reference to the Comprehensive Plan. Within 10% of that limit, the exact density allowable shall be determined by standards agreed upon between the applicant and the city. Whenever any P.U.D. is to be developed in stages, no stage shall, when averaged with all previously completed stages, have a residential density that exceeds 125% of the proposed residential density of the entire P.U.D. For purposes of this section, density shall be expressed as the ratio of residential units per 40,000 square feet and shall be calculated based upon the total gross acreage of the property in question, less the area devoted to designated wetlands, public rights-of-way, public open space and nonresidential use.
h. Utilities. In any P.U.D., all utilities, including telephone, electricity, gas and telecable shall be installed underground.
i. Utility connections.
(1) Water connections. Where more than one property is served from the same service line, a shut-off valve must be located in a way that each unit’s service may be shut off by the city, in addition to the normally supplied shut-off at the street.
(2) Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the Property Owners Association or owner.
j. Roadways. All public streets shall conform to the design standards contained in the Shorewood Subdivision Ordinance, as may be amended. Private streets, where allowed, shall conform to specifications provided by the City Engineer.
k. Landscaping. In any P.U.D., landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structure(s) and the overall scheme of the P.U.D. plan.
l. Townhouse, quadraminium, cooperative and condominium apartments.
(1) No single townhouse structure shall contain more than six dwelling units.
(2) Townhouses, quadraminiums, cooperatives and condominiums shall be subdivided on an individual unit basis according to the provisions of Subd. 4e(3) of this section.
m. Setbacks.
(1) The front and side yard restrictions at the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the respective districts recognizing surrounding use and zoning.
(2) No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street pattern.
(3) No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings, giving due consideration to solar access.
Subd. 5. Submission requirements. Ten copies of the following exhibits, analyses and plans shall be submitted as applicable to the City Council during the P.U.D. process at the times specified in Subd. 6 of this section.
a. General concept stage.
(1) General information:
(a) The landowner’s name and address and his or her interest in the subject property;
(b) The applicant’s name and address if different from the landowner;
(c) The names and addresses of all professional consultants who have contributed to the development of the P.U.D. plan being submitted, including attorney, land planner, engineer and surveyor;
(d) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed P.U.D., including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report and the other evidence as the City Attorney may require to show the status of title or control of the subject property;
(2) Present status:
(a) The address and legal description of the subject property;
(b) The existing zoning classification and present use of the subject property and all lands within 1,000 feet of the subject property;
(c) A map depicting the existing development of the subject property and all land within 1,000 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the subject property.
(3) A written statement generally describing the proposed P.U.D. and the market which it is intended to serve and its demand showing its relationship to the city’s Comprehensive Plan and how the proposed P.U.D. is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.
(4) Site conditions: graphic reproductions of the existing site conditions at a scale of no less than one inch equals 100 feet:
(a) Contours - minimum two foot intervals;
(b) Location, type and extent of tree cover;
(c) Slope analysis;
(d) Location and extent of water bodies, wetlands and streams and flood plains within 300 feet of the subject property;
(e) Significant rock outcroppings;
(f) Existing drainage patterns;
(g) Vistas and significant views;
(h) Soil conditions as they affect development. All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.
(5) Schematic drawing of the proposed development concept, including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses.
(6) A statement of the estimated total number of dwelling units proposed for the P.U.D. and a tabulation of the proposed approximate allocations of land use expressed in square feet and acres and as a percent of the total project area, which shall include at least the following:
(a) Area devoted to residential uses;
(b) Area devoted to residential use by building type;
(c) Area devoted to common open space;
(d) Area devoted to public open space;
(e) Approximate area devoted to streets;
(f) Approximate area devoted to, and number of, off-street parking and loading spaces and related access;
(g) Approximate area, and floor area, devoted to commercial uses;
(7) When the P.U.D. is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of the stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit and the proportion of the total P.U.D. public or common open space and dwelling units to be provided or constructed during each stage and the overall chronology of development to be followed from stage to stage;
(8) When the proposed P.U.D. includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of the open space or service facilities. If it is proposed that the space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of the entity shall be submitted;
(9) General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed P.U.D.;
(10) The City Council may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds to be unnecessary to the consideration of the specified proposal for P.U.D. approval;
(11) The City Council may require the submission of any additional information or documentation which it may find necessary to appropriate to full consideration of the proposed P.U.D or any aspect or stage thereof.
b. Development stage. Development stage submissions should depict and outline the proposed implementation of the general concept stage for the P.U.D. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to:
(1) Background information. Ten sets of the following information (where applicable, drawn to a scale of not less than 1" = 100', or at a scale requested by the Zoning Administrator):
(a) Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat heretofore recorded in the county where the subject property is situated);
(b) Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan;
(c) Property boundary lines and dimensions of the property;
(d) Physical features of the property, including topography, wetlands, water bodies, flood plains, vegetation and soils;
(e) The location, use and size of structures and other land uses on adjacent properties;
(f) Any other information that may have been required by the city staff or City Council in conjunction with the approval of the general concept plan;
(2) Preliminary plans. Ten sets of preliminary plans, drawn to a scale of not less than one inch equals 100 feet (or at a scale requested by the Zoning Administrator) containing at least the following information:
(a) The location, size, use and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings and existing buildings which will remain, if any;
(b) Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles and all other circulation elements, including bike and pedestrian and the total site coverage of all circulation elements;
(c) Location, designation and total area of all common open space;
(d) Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities;
(e) Proposed lots and blocks, if any, and numbering system;
(f) Detailed sketches and provisions of proposed landscaping;
(g) Grading and drainage concept plans (general locations of cut and fill areas, drainage patterns and ponding areas);
(3) Development plans. Ten sets of the following plans, based upon approved preliminary plans and drawn to a scale of not less than one inch equals 100 feet (or at a scale requested by the Zoning Administrator):
(a) If the project is to be developed in stages, an accurate legal description of the entire area within the P.U.D. for which final development plan approval is sought;
(b) A tabulation indicating the number of residential dwelling units by number of bedrooms and expected population/housing profile;
(c) A tabulation indicating the gross square footage, if any, of commercial floor space by type of activity (for example, drugstore, dry cleaning, supermarket);
(d) Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings;
(e) A detailed site plan or plans, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structures and uses;
(f) Grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan;
(g) Sketch plan, preliminary and final plat prepared in accordance with the Shorewood Subdivision Ordinance (Chapter 1202 of this code), as may be amended. Upon approval of the City Council, the final plat may be submitted in the final plan stage;
(h) A Soil Erosion Control Plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures;
(i) A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any document, plan or data;
(j) The other and further information as the city staff or City Council shall find necessary to a full consideration of the entire proposed P.U.D. or any stage thereof;
(k) The City Council may excuse any applicant from submitting any specific item of information or document required in this section which it finds to be unnecessary to the consideration of the specific proposal for P.U.D. approval;
c. Final plan stage. After approval of a general concept plan for the P.U.D. and approval of a development stage plan for a section of the proposed P.U.D., the applicant will submit the following material for review by the city staff prior to issuance of a building permit:
(1) Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the P.U.D. and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility;
(2) All certificates, seals and signatures required for the dedication of land and recordation of documents;
(3) Final architectural working drawings of all structures;
(4) Final engineering plans and specifications for streets, utilities and other public improvements, together with a community/developer agreement for the installation of the improvements and financial guarantees for the completion of the improvements;
(5) Any other plan, agreements or specifications necessary for the city staff to review the proposed construction. All work must be in conformance with the Minnesota State Building Code.
Subd. 6. Procedure for processing a P.U.D.
a. Application conference. Upon filing of an application for P.U.D., the applicant of the proposed P.U.D. 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 his or her 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.
b. Pursuant to M.S. § 15.99, an application for any stage of a P.U.D. or an amendment to the P.U.D. shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. Pursuant to M.S. § 15.99, the city staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period.
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 or her 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 P.U.D. density range;
(b) General location of major streets and pedestrian ways;
(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) Developer meets with the Zoning Administrator to discuss the proposed development;
(b) The applicant shall file the concept stage application, together with all supporting data and filing fee as established by City Council resolution;
(c) The Planning Commission shall hold a public hearing;
(d) The Zoning Administrator, upon verification of the complete application, shall set a public hearing at a regular meeting of the Planning Commission. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a time and place of the public hearing and a description of the request and be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 750 feet of the boundary of the property in question;
(e) Failure of a property owner to receive the notice shall not in validate any proceedings as set forth within this chapter;
(f) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide a general assistance in preparing a recommendation on the action to the City Council. Additionally, the request shall be referred to the Park Commission for their review and comment;
(g) Upon consent of the City Council, the Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter;
(h) The applicant or a representative thereof may appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed development;
(i) The Planning Commission shall review the reports and plans and submit its recommendations to the Council and applicant. The report shall contain the findings of the Planning Commission with respect to the general concept plan;
(j) The Zoning Administrator, upon receipt of the Planning Commission recommendation, shall schedule the request before the City Council at a public meeting;
(k) Council action.
(i) The applicant or a representative thereof may appear before the City Council in order to present the planned unit development and answer questions concerning the proposed project;
(ii) The Council shall review the proposed development, any reports and recommendations of advisory commissions and city staff, and testimony from the public hearing;
(iii) In evaluating the request, the Council shall determine the relationship between the proposed development, the Comprehensive Plan and this chapter. Where any question exists as to city policy, the Council may, at any time, refer the project or any specific item within the project back to the Planning Commission for further study and with clarification as to the policy;
(iv) The City Council shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter;
(v) The City Council may require revisions to or modifications of the general concept plan where deemed necessary. Any revision or modification shall be referred to the Planning Commission for informational purposes;
(vi) Within the time specified in § 1201.25 Subd. 6.b., the City Council shall grant approval of or deny the concept plan;
(vii) The city shall provide written findings to the applicant after the City Council acts to approve or deny the plan;
(3) Optional submission of development stage plan. In cases of single stage P.U.D.'s or where the applicant wishes to begin the first stage of a multiple stage P.U.D., immediately he or she may, at his or her option, initially submit development stage plans for the proposed P.U.D. In this case, the Planning Commission and Council shall consider the plans, grant or deny development stage plan approval in accordance with the provisions of Subd. 6.c.
(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 to it, 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. Problems arising or found to exist during the development or final plan stage of a project may provide cause for the city to require modification of the general concept plan.
(5) Limitation of general concept plan approval. Unless a development stage plan covering at least ten dwelling units or the area designated in the general concept plan as the first stage of the P.U.D., whichever is greater, has been filed within six 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 chapter and of an approved general concept plan, the approval may be revoked by Council action. In this case, the Council shall forthwith adopt a resolution repealing the general concept plan approval for that portion of the P.U.D. that has not received final approval and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. Upon request by the applicant, the Council, at its discretion, may extend the approval for additional periods not in excess of six months each.
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 Subd. 6b(5) above, the applicant shall file with the Zoning Administrator a development stage plan consisting of the information and submissions required by subdivision 5b for the entire P.U.D. 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. Immediately upon receipt of a completed Development Stage Plan, the Administrator shall refer the plan to the following city staff and/or official bodies for the indicated action:
(a) The City Attorney for legal review of all documents;
(b) The City Engineer for review of all engineering data and the City/Developer Agreement;
(c) The City Building Official for review of all building plans;
(d) The Zoning Administrator for review of all plans for compliance with the intent, purpose and requirements of this chapter and conformity with the General Concept Plan and Comprehensive Plan;
(e) The City Planning Commission for review and recommendation to the Council;
(f) The Park Commission for review of public recreation and/or open space provisions;
(g) 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 affected agencies. All staff or commissions designated in paragraphs (a) through (d) hereof shall submit their reports in writing to the Planning Commission and applicant at least five days prior to the date of the Planning Commission meeting at which the request is to be heard.
(4) Schedule.
(a) Developer meets with the Zoning Administrator and city staff to discuss specific development plans.
(b) The applicant shall file the development stage application within six months after concept plan review, together with all supporting data and the filing fee.
(c) Technical staff reports shall be prepared on the proposed development and distributed to the Planning Commission.
(d) The applicant or a representative thereof may appear before the Planning Commission in order to answer questions concerning the proposed development.
(e) The Planning Commission will make a recommendation to the City Council on the development stage plan.
(f) Council action.
(i) The applicant or a representative thereof may appear before the City Council in order to present the development stage plan and answer questions concerning the plan;
(ii) The Council shall review the development stage plan and any reports and recommendations of advisory commissions and city staff;
(iii) The Council shall determine the relationship between the development stage plan and the previously approved concept plan.
(iv) Where deemed necessary, an additional public hearing may be required during the development stage of the P.U.D. The public hearing shall be held at the discretion of the City Council and shall comply with the procedures set forth in Subd. 6.b.(2)(c) through (j) of this section.
(v) The City Council may require revisions to or modifications of the development stage plan where deemed necessary. Any revision or modification may be referred to the Planning Commission for informational purposes.
(vi) Within the time specified in § 1201.25 Subd. 6.b., the City Council shall approve or deny the development stage plan. If approved, the City Council shall include any specific terms and conditions of the P.U.D. into the approving resolution and may require a P.U.D. agreement for multiphased projects or projects that include a subdivision and/or construction of public or private improvements. This agreement shall be signed by the Mayor of the City of Shorewood, City Administrator/Clerk and the applicant within 60 days of Council approval of the development stage plan, unless the City Council receives and approves a request for an extension from the applicant prior to expiration. The request must explain the efforts taken to complete the conditions of approval. If denied, the Council action shall be by resolution setting forth the findings for its action. In all cases, a copy of the document evidencing City Council action shall be promptly delivered to the applicant by the Zoning Administrator.
(5) 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 P.U.D. has been filed within six 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 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 months, the filing deadline for any Final Plan when, for good cause shown, the extension is necessary. In any case where Development Plan approval expires, the Council shall forthwith adopt a resolution repealing the General Concept Plan approval and the Development Stage Plan approval for that portion of the P.U.D. that has not received Final Plan approval and reestablishing the zoning and other ordinance provisions that would otherwise be applicable.
(6) Site improvements. At any time following the approval of a Development Stage Plan by the Council, the applicant may, pursuant to the applicable ordinances of the city, apply for, and the City Engineer may issue, grading permits for the area within the P.U.D. for which Development Stage Plan approval has been given.
d. Final Plan.
(1) Purpose. The Final Plan is to serve as a complete, thorough and permanent public record of the P.U.D. 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 P.U.D. process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the P.U.D. 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. Upon approval of the development stage plan, and within the time established by Subd. 6.c.(5) above, the applicant shall file with the Zoning Administrator a Final Plan consisting of the information and submissions required by Subd. 5.c. of this section for the entire P.U.D. or for one or more stages. This plan will be reviewed and approved/denied by city staff, unless otherwise specified by the City Council.
(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 approved and is consistent with the applicable ordinances of the city, 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 permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied.
(4) Limitations on Final Plan approval. Approval of the Final Plan P.U.D. shall expire within one year after the City Council grants the approval if construction has not commenced or unless an extension shall have been granted as hereinafter provided. The effect of this expiration shall automatically render void the P.U.D. and all approvals of the P.U.D. plan and the area encompassed within the P.U.D. shall thereafter be subject to those provisions of the zoning ordinance and other ordinances applicable in the district in which it is located. In this case, the Council shall adopt an ordinance repealing all P.U.D. approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable.
(5) Inspection during development.
(a) Compliance with overall plan. Following Final Plan approval of a P.U.D., or a stage thereof, the Zoning Administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approval development schedule.
(b) Development not proceeding according to schedule. 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 P.U.D. plans as finally approved, he or she shall immediately notify the Council. Within 30 days of the notice, the Council shall either by ordinance revoke the P.U.D. permit and the land shall thereafter be governed by the regulations applicable in the district in which it is located or shall take the 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 of the Final Plan.
(1987 Code, § 1201.25) (Ord. 180, passed 5-19-1986; Am. Ord. 411, passed 12-13-2004; Am. Ord. 550, passed - -2018; Am. Ord. 575, passed 12-14-2020)