(A) Application conference. Prior to filing of an application for PUD, the applicant shall arrange for and attend a conference with the Zoning Administrator. At such conference, the applicant shall be prepared to generally describe the proposal for a PUD. The primary purpose of the conference is to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area and its conformity to the provisions of this chapter before incurring substantial expense.
(B) Review stages. Three review stages are required: PUD Concept Plan, Preliminary PUD Plan and Final PUD Plan.
(C) PUD Concept Plan.
(1) Purpose. The PUD 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. This Concept Plan serves as the basis for public review so that the proposal may be considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements, which the city shall review and for which a decision shall be rendered:
(a) Overall maximum PUD 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) Process.
(a) Developer meets with the Zoning Administrator to discuss the proposed development.
(b) Developer submits the necessary data as required in division (C)(3) of this section.
(c) A technical staff report shall be prepared on the proposed development, and distributed to the Planning Commission and the applicant prior to the meeting.
(d) The applicant or a representative thereof shall appear before the Planning Commission in order to present the concept and answer questions concerning the proposed development.
(e) Planning Commission makes a recommendation to the City Council on the General Concept Plan.
(f) City Council reviews all recommendations and provides further direction to the applicant.
(3) Required information.
(a) General information.
1. The landowner's name and address and interest in the subject property.
2. The applicant's name and address if different from the landowner.
3. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.
4. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, 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/or such other evidence as the City Attorney may require to show the status of title or control of the subject property.
(b) Present status.
1. The address and legal description of the subject property.
2. A map illustrating existing zoning, land use and street patterns within the subject property and within 1,000 feet of the subject property.
3. A map illustrating the precise location of property lines, easements, water mains, storm and sanitary sewers (with invert elevations) on and within 100 feet of the subject property.
(c) A written statement generally describing the proposed PUD and the market and demand which it is intended to serve and showing the development's relationship to the city's Comprehensive Plan and how the proposed PUD 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. A list of the ordinance regulations being deviated from in the proposed PUD shall also be submitted.
(d) Graphic reproductions of the existing site conditions at a scale of 100 feet.
1. Contours: minimum two foot intervals.
2. Location, type and extent of tree cover.
3. Slope analysis.
4. Location and extent of water bodies, wetlands and streams and flood plains within 300 feet of the subject property.
5. Significant rock outcroppings.
6. Existing drainage patterns.
7. Vistas and significant views.
8. Soil conditions as they affect development.
9. All of the graphics should be the same scale as the final plan to allow easy cross- reference.
(e) 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.
(f) A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:
1. Area devoted to residential uses.
2. Area devoted to residential use by building type.
3. Area devoted to common open space.
4. Area devoted to public open space.
5. Approximate area devoted to streets.
6. Approximate area devoted to, and number of, off-street parking and loading spaces and related access.
7. Approximate area, and floor area, devoted to commercial uses.
(g) A general schedule of the timing for the development including development stages and the approximate number of units in each shall be provided.
(h) General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.
(i) The Planning Commission 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 specific proposal for PUD approval.
(j) The Planning Commission may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect or stage thereof.
(4) Limitation on PUD Concept Plan approval. The first stage of a Preliminary PUD Plan must be submitted within six months of City Council approval of the PUD Concept Plan. Extensions for six months may be granted by the City Council.
(5) Optional submission of Preliminary PUD Plan. The applicant may submit a Preliminary PUD Plan concurrently with a PUD Concept Plan in some cases upon the recommendation of city staff.
(D) Preliminary PUD Plan.
(1) Purpose. The purpose of the Preliminary PUD Plan is to provide a specific and particular plan and Preliminary Plat upon which the Planning Commission will hold a public hearing and make a recommendation to the City Council.
(2) Process.
(a) Within six months of approval of the PUD Concept Plan, the applicant shall file with the Zoning Administrator an application for Preliminary PUD Plan approval. This application consisting of the information and submissions required by division (C)(3) of this section and all subdivision ordinance requirements (see Chapter 154). The submission may be for the entire PUD, or for one or more stages thereof in accordance with a staging plan approved as part of the PUD Concept Plan. The Preliminary PUD Plan shall refine, implement and be in substantial conformity with the approved PUD Concept Plan. A Preliminary PUD Plan shall be deemed not to be in substantial conformity with an approved PUD Concept Plan if it:
1. Departs by more than 5% from the maximum density approved for the PUD or exceeds the implied maximum density established by the Comprehensive Plan for the area in which the PUD will be located.
2. Decreases by more than 5% the area approved for public and common open space or changes the general location of such areas.
3. Relocates approved circulation elements to any extent that would decrease their functionality, adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities.
4. Significantly alters the arrangement of land uses within the PUD.
5. Delays by more than one year any stage of an approved staging plan.
6. Departs from the PUD Concept Plan in any other manner which the Planning Commission shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed PUD.
(b) Following the public hearing by the Planning Commission, a recommendation will be forwarded to the City Council. Upon approval, the applicant may proceed to prepare a Final PUD Plan.
(3) Submittals. Preliminary PUD Plan submissions should depict and outline the proposed implementation of the PUD Concept Plan. Information from the PUD Concept Plan may be included for background and to provide a basis for the submitted plan. The Preliminary PUD Plan submissions shall include, but not be limited to:
(a) Zoning classification required for Preliminary PUD Plan submission and any other public decisions necessary for implementation of the proposed plan.
(b) A preliminary plat prepared in accordance with the city's subdivision ordinance (see Chapter 154).
(c) Four sets and one 11 by 17 inch copy (unless otherwise directed by the Zoning Administrator) of preliminary plans, drawn to a scale of not less than 1 inch equals 100 feet (or scale requested by the Zoning Administrator) containing at least the following information:
1. Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the county where the subject property is situated).
2. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property.
3. 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.
4. 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.
5. Location, designation and total area of all common open space.
6. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.
7. Proposed lots and blocks, if any, and numbering streets.
8. The location, use and size of structures and other land uses on adjacent properties.
9. Detailed sketches and provisions of proposed landscaping.
10. General grading and drainage plans for the developed PUD.
11. Any other information that may have been required by the city staff, Planning Commission or City Council in conjunction with the approval of the PUD Concept Plan.
(d) An accurate legal description of the entire area within the PUD for which final development plan approval is sought.
(e) A tabulation indicating the number of residential dwelling units by number of bedrooms and expected population/housing profile.
(f) A tabulation indicating the gross square footage, if any, of commercial floor space by type of activity (for example, drug store, dry cleaning, supermarket).
(g) Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings.
(h) A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, block, public and common open space, general landscaping plan, structures, and uses.
(i) Preliminary 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 PUD Concept Plan.
(j) A soil erosion control plan acceptable to the City Engineer, 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.
(k) A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data.
(l) Such other and further information as the city staff, Planning Commission or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.
(m) The Planning Commission may excuse an applicant from submitting any specific item of information or document required in this section which it finds to be unnecessary for the consideration of the specific proposal for PUD approval.
(4) Review and action by city staff and Planning Commission. Immediately upon receipt of a completed Preliminary PUD Plan, the Zoning Administrator shall refer such 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 for compliance with the requirements of this chapter and review of the city/developer agreement.
(c) The City Building Official for review of all building plans for compliance with the requirements of this chapter, the Minnesota State Building Code and any other applicable federal, state, or local codes.
(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 City Council.
(f) When appropriate, as determined by the Zoning Administrator to the Park Board for review and recommendation.
(g) When appropriate, as determined by the Zoning Administrator to other special review agencies such as Watershed Districts, Soil Conservation Services, Highway Departments, or other affected agencies.
(h) All staff designated in divisions (D)(4)(a) through (D)(4)(d) shall submit their reports in writing to the Planning Commission and applicant.
(5) Schedule.
(a) Developer meets with the Zoning Administrator and city staff to discuss specific development plans.
(b) The applicant shall file the Preliminary PUD Plan application within six months after PUD Concept Plan review, together with all supporting data and filing fee as established by City Council resolution.
(c) Within 60 days after verification by the staff that the required plan and supporting data is adequate, the Planning Commission shall hold a public hearing.
(d) The Zoning Administrator, upon verification of the application, shall instruct the City Administrator to set a public hearing for the next 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 legal property description, description of request and map detailing property location, and be published in the official newspaper at least ten days prior to the hearing and written notification of the hearing shall be mailed at least ten days prior to all owners of land within 300 feet of the boundary of the property in question.
(e) Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter.
(f) After the public hearing has been set, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action to the City Council.
(g) 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, such 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 shall appear before the Planning Commission in order to answer questions concerning the proposed development.
(i) Within 60 days of the public hearing, or such further time as may be agreed to by the applicant, the Planning Commission shall review the reports and plans and submit its written report and recommendations to the City Council and applicant. Such report shall contain the findings of the Planning Commission with respect to the conformity with the approved PUD Concept Plan. Any changes shall be reviewed with respect to the merit or departure from substantial conformity with the PUD Concept Plan. The Planning Commission shall recommend approval or denial.
(j) Within 30 days of receipt of the report and recommendation of the Planning Commission, the City Council shall grant approval, resubmit the plan to the Planning Commission for further consideration of specified items, or deny approval of the plan.
(k) Unless a Final Plan covering the area designated in the Preliminary PUD Plan as the first stage of the PUD has been filed within six months from the date City Council grants 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 Preliminary PUD 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, such extension is necessary.
(l) At any time following the approval of a Preliminary PUD Plan by the City 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 PUD for which Preliminary PUD Plan approval has been given.
(E) Final PUD Plan.
(1) Purpose. The Final PUD 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 ordinances as the land use regulation applicable to the PUD. The Final PUD Plan is intended only to add detail to, and to put in final form, the information contained in the PUD Concept Plan and the Preliminary PUD Plan and shall conform to the Preliminary PUD Plan in all respects.
(2) Process.
(a) Upon approval of the Preliminary PUD Plan, the applicant shall file with the Zoning Administrator a Final PUD Plan within six months consisting of the information and submissions required by division (C)(3) of this section for the entire PUD or for one or more stages. This application will be considered at the next possible regular Planning Commission meeting.
(b) Within 60 days, the findings and recommendations of the Planning Commission shall be forwarded to the City Council for consideration. If the Planning Commission fails to act within the time specified herein, it shall be deemed to have recommended the plan for approval.
(c) Within 30 days of receipt of the findings and recommendations of the Planning Commission, the City Council shall grant approval or denial of the request.
(d) Within 120 days of its approval, the applicant shall cause the Final PUD Plan, or such portions thereof as are appropriate, to be recorded with the Wright County Recorder or Registrar of Titles. The applicant shall provide the city with a signed copy verifying county recording within 40 days of the date of approval.
(e) The Zoning Administrator shall instruct the City Attorney to draw up a PUD Agreement, which stipulates the specific terms and conditions approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, City Administrator and the applicant within 120 days of City Council approval of the Final PUD Plan. In all cases, a certified copy of the document evidencing City Council action shall be promptly delivered to the applicant by the Zoning Administrator.
(3) Final PUD plan - submittals. After consideration of a PUD Concept Plan and approval of a Preliminary PUD Plan, the applicant will submit the following materials for Final PUD Plan review and prior to issuance of a building permit:
(a) Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD 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.
(b) Final site, landscaping and grading plans along with all finalized information as required in division (C)(3) of this section
(c) Final plat in accordance with the city’s subdivision ordinance (see Chapter 154).
(d) All certificates, seals and signatures required for the dedication of land and recordation of documents.
(e) Final architectural working drawings of all structures.
(f) Final engineering plans and specifications for streets, utilities and other public improvements, together with a Development Agreement for the installation of such improvements and financial guarantees for the completion of such improvements.
(g) Any other plans, agreements, or specifications necessary for the city staff to review the proposed construction. All work must be in conformance with the Minnesota State Uniform Building Code.
(h) When the proposed PUD 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 such open space or service facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted.
(4) Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved Final PUD Plan has been recorded and upon application of the applicant pursuant to 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.
(5) Limitation on 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 automatically render void the PUD permit and all approvals of the PUD plan unless an extension shall have been granted as hereinafter provided. The time limit established by this division may, at the discretion of the City Council, be extended for not more than one year by ordinance or resolution duly adopted.
(6) Inspections during development.
(a) Following Final PUD Plan approval, the Zoning Administrator shall annually 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, he or she shall immediately notify the City Council. Within 30 days of such notice, the City Council 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 of the Final Plan.
(Ord. 110, passed 11-15-97; Am. Ord. 121, passed 2-23-99; Am. Ord. 0405, passed 5-11-04; Am. Ord. 0605, passed 7-25-06; Am. Ord. 0701, passed 1-9-07; Am. Ord. 0703, passed 7-10-07; Am. Ord. 0802, passed 3-11-08)