This subchapter is established to provide comprehensive procedures and standards designed for both district and conditional use permit 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. The PUD, by allowing deviation from the strict provisions of this chapter related to setbacks, heights, lot area, width and depths, yards and the like by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage:

   (A)   A development pattern in harmony with the objectives of the Comprehensive Plan;

   (B)   Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards and siting of structures through the conservation and more efficient use of land in those developments;

   (C)   Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects;

   (D)   The preservation and enhancement of desirable site characteristics such as environmentally sensitive areas, existing vegetation, natural topography, greenway corridors, open space, 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 varying land uses in close proximity to each other;

   (F)   More convenience in location of accessory commercial and service areas;

   (G)   An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments; and

   (H)   Promotion of a desirable and creative environment that might be prevented through the strict application of city zoning and subdivision regulations.

(Prior Code, § 11-10-1) (Ord. 258, passed 5-4-2006)

   (A)   Conditional use permit. Planned unit developments allow for design flexibility related to density, setbacks, building heights, lot area, lot width and the like. However, the range of uses allowed in a conditional use planned unit development is limited to those uses allowed in the base zoning district.

   (B)   Planned unit development zoning. A mixed use planned unit development that may include land uses from a variety of zoning districts must utilize the PUD Zoning District.

(Prior Code, § 11-10-2) (Ord. 258, passed 5-4-2006)

   (A)   Ownership. An application for PUD approval shall be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions shall be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved PUD shall be binding on all owners.

   (B)   Comprehensive Plan consistency. The proposed PUD shall be consistent with the City Comprehensive Plan.

   (C)   Public or common open space. Public or common open space at least sufficient to meet the minimum requirements established in this chapter and the complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD.

   (D)   Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD 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 and service facilities within a PUD 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; and

      (3)   Property owners association, provided all of the following conditions are met.

         (a)   Declaration. Prior to the use or occupancy or sale or the execution of controls 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 as specified by the State Common Interest Ownership Act set out in M.S. Chapter 515B, as it may be amended from time to time, and a set of floor plans as specified by M.S. Chapter 515B, as it may be amended from time to time, shall be filed with the city. The filing with the city is to be made prior to the filings of the declaration or document or floor plans with the recording officers of the county.

         (b)   Specification. The declaration of covenants, conditions and restrictions or equivalent documents 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)   Formation of an owner's association or corporation. 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. The intent of this requirement is to protect the property values of the individual owner through establishing private control. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information:

            1.   The legal description of the common lands or facilities;

            2.   The restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions;

            3.   A mechanism for resolving disputes among the owners or association members;

            4.   A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums;

            5.   The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership;

            6.   Membership must be mandatory for each owner and any successive buyer;

            7.   The open space restrictions must be permanent and not for a given period of years;

            8.   The association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it;

            9.   Property owners must pay their pro rated 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 state statutes; and

            10.   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 PUD plan.

         (d)   Assessments. The declaration shall additionally, among other things, 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 expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rated 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)   Natural habitat. Open space may be deeded to an established land trust, a government agency or nonprofit organization. Management shall be the responsibility of the land trust or nonprofit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or nonprofit organization.

            1.   Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or nonprofit organization as provided in M.S. §§ 84.64 through 84.65, as they may be amended from time to time. Unless the document establishing the restrictions specifically provides to the contrary, the city shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the city prior to the execution and delivery thereof. Notwithstanding any provision of this chapter to the contrary, the city may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this chapter, waive the requirement that the area subject to the restrictions be platted as a separate outlot.

            2.   Stormwater drainage systems located within open spaces or the residential lots shall be covered by utility and drainage easements dedicated on the final plat to the city.

         (f)   Neighborhood recreational and trail corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the city. Management and maintenance of the public recreational areas shall be the responsibility of the city.

   (E)   Staging of public and common open space. When a PUD provides for common or public open space, the total area of common or public open space in any stage of development shall, at minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

   (F)   Density. The maximum allowable density in a PUD shall be determined by reference to the Comprehensive Plan. Within that limit, the exact density allowable shall be determined by standards agreed upon between the applicant and the city. Whenever any PUD is to be developed in stages, no stage shall, when averaged with all previously completed stages, have a residential density that exceeds 100% of the proposed residential density of the entire PUD, unless this provision is explicitly modified in the planned unit development/developer's agreement approved by the City Council.

   (G)   Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable shall be installed underground within a joint trench, whenever possible.

   (H)   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 400 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.

   (I)   Roadways. All public streets shall conform to the design standards contained in the city subdivision regulations, as may be amended.

   (J)   Landscaping. In any PUD, 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 PUD plan. Common landscaped open space exclusive of natural habitat areas shall be irrigated.

   (K)   Development agreement. Prior to a rezoning or the issuance of a building permit as part of planned unit development, the permit, applicant, builder or developer shall execute and deliver to the City Council a development agreement. The agreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning or CUP approval. The agreement shall provide for the installation within one year of the off-site and on-site improvements (exclusive of building permit) as approved by the City Council, secured by a cash escrow or letter of credit in an amount and with surety and conditions satisfactory to the city, to insure the city that the improvements will be actually constructed and installed according to specifications and plans approved by the city as expressed in the agreement.

   (L)   Setbacks.

      (1)   The front and side yard restrictions of the periphery of the planned unit development site at a minimum shall be the same as imposed in the base zoning districts.

      (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.

(Prior Code, § 11-10-3) (Ord. 258, passed 5-4-2006)

   (A)   Stages of PUD. The processing steps for a PUD are intended to provide for an orderly development and progression of the plan, with the greatest expenditure of developmental funds being made only after the city has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps represent separate applications for purpose of review, compliant with M.S. § 15.99, as it may be amended from time to time, outlined in detail in the following sections:

      (1)   Pre-application staff meeting. Preliminary discussions between the applicant and city staff;

      (2)   General concept plan application. Consideration of overall concept and plan;

      (3)   Development stage plan application. One or more detailed plans as part of the whole final plan; and

      (4)   Final plan application. The summary of the entire concept and each development stage plan in an integrated complete and final plan.

   (B)   Pre-application meeting. Prior to filing of an application for PUD, the applicant of the proposed PUD shall arrange for and attend a city staff meeting. At the pre-application meeting, the applicant shall be prepared to generally describe the proposal for a PUD. 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)   Neighborhood meeting. The city may recommend the property owner/applicant hold a neighborhood meeting for informal comment and feedback prior to submitting a formal concept application.

   (D)   Application. The person applying for a planned unit development shall fill out and submit to the Zoning Administrator an official application form together with a fee per the city's fee schedule. The request for planned unit development shall be placed on the agendas of the Planning Commission according to the city's deadline and meeting schedule.

   (E)   Planned unit development/rezoning. Planned unit development/rezoning application shall be posted and advertised in accordance with §§ 152.035 through 152.043 of this chapter at time of development stage PUD.

   (F)   Planned unit development/conditional use permit. Planned unit development/conditional use permit applications shall be posted and advertised in accordance with §§ 152.035 through 152.043 of this chapter at time of development stage PUD.

   (G)   Public hearings. Public hearings shall be held at the PUD development stage.

   (H)   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. This concept plan serves as the basis for public hearing so that the proposal may be publicly considered at an early stage.

      (2)   General concept plan submission information.

         (a)   General information.

            1.   Owner. The landowner's name, address and telephone number and his or her interest in the subject property;

            2.   Applicant. The applicant's name, address and telephone number if different from the landowner. The applicant may designate an agent to be contacted by the city, who may speak for the applicant;

            3.   Consultants. 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; and

            4.   Title of applicant. 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 other evidence as the City Attorney may require to show the status of title or control of the subject property.

         (b)   Present status of premises and adjacent properties.

            1.   Description. The address and legal description of the subject property. A survey is required;

            2.   Zoning. The existing zoning classification and present use of the subject property and all lands within 350 feet of the subject property; and

            3.   Map. A single reproducible map or aerial photograph at a scale of not less than one inch equals 100 feet, depicting the existing development of the subject property and all land within 100 feet thereof and showing the precise location of existing streets, property lines, utilities, easements and wetlands.

         (c)   Narrative description. A written statement generally describing the proposed PUD and the market which it is intended to serve, showing its 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.

         (d)   Site conditions.

            1.   Where deemed necessary by the city, graphic reproductions of the existing site conditions at a scale of one inch equals 100 feet or less shall be submitted and shall contain the following:

               a.   Survey showing lot dimensions and existing easements and utilities;

               b.   Contours; minimum two-foot intervals;

               c.   Location, type and extent of tree cover;

               d.   Slope analysis;

               e.   Location and extent of waterbodies, wetlands and streams and floodplains within 300 feet of the subject property;

               f.   Existing drainage patterns;

               g.   Vistas and significant views; and

               h.   Soil conditions as they affect development.

            2.   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.

         (e)   Concept drawing. 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)   Number of units. A statement of the estimated total number of dwelling and/or other 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 or structure or use type;

            3.   Area devoted to common open space;

            4.   Area devoted to public open space;

            5.   Approximate area devoted to streets;

            6.   Approximate area and potential floor area devoted to commercial uses; and

            7.   Approximate area and potential floor area devoted to industrial or office uses.

         (g)   Staged development. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit and the proportion of the total PUD 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.

         (h)   Common areas. 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 open space or service facilities. If it is proposed that open 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 during the development stage.

         (i)   Covenants. General intent of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

         (j)   Market feasibility. Where deemed necessary, a market feasibility study including an analysis of the proposal's economic impact on the city.

         (k)   Exclusion of information. 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.

         (l)   Inclusion of information. 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.

      (3)   Schedule.

         (a)   Developer meets with city staff to discuss the proposed development.

         (b)   Developer submits the necessary data as required in division (H)(2) above at least 30 days prior to Planning Commission meeting.

         (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 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 approves/denies application(s).

      (4)   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, the applicant may, at his or her option, submit development stage plans for the proposed PUD simultaneously with the submission of the general concept plan. In that case, the applicant shall comply with all provisions of the ordinance applicable to submission of the development stage plan. The Planning Commission and City Council shall consider the plans simultaneously and shall grant or deny development stage plan approval in accordance with the provisions of this chapter.

      (5)   Effect of concept approval. PUD concept approval only provides direction for the applicant to proceed to PUD development stage submission. The concept plan approval does not convey any development rights or privileges to the applicants.

   (I)   Development stage. Development stage submissions shall depict and outline the proposed implementation of the PUD general concept stage. Information from the general concept stage may be included for background and to provide a basis for the submitted plan.

      (1)   Application. Requests for PUD development stage as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by the City Council resolution. This fee shall not be refunded. The application shall also be accompanied by ten copies of detailed written and graphic materials fully explaining the proposed change, development or use and a list of affected property owners within 350 feet of the subject property obtained from the current tax rolls provided by the county offices.

      (2)   Submission information. The PUD development stage submission information shall include:

         (a)   Zoning required. Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan;

         (b)   Site plan/preliminary plat. Drawn to a scale of one inch equals 100 feet or less, containing the following information:

            1.   Project name. 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.   Survey. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. An accurate legal description of the entire area within the PUD;

            3.   Preliminary plat. Preliminary plat, if applicable, shall comply with all the performance standards of the city subdivision regulations and this chapter;

            4.   Buildings. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area or proposed buildings and existing buildings which will remain, if any;

            5.   Traffic circulation. 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;

            6.   Common areas. Location, designation and total area of all common open space;

            7.   Public open space. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities; and

            8.   Locate existing structures. The location, use and size of structures and other land uses on adjacent properties within 100 feet of the property boundaries.

         (c)   Residential tabulation. A tabulation indicating the number of residential dwelling units by number of bedrooms and expected population/housing profile;

         (d)   Areas of use. A tabulation indicating the approximate gross square footage, if any, of commercial and industrial floor space by type of activity (e.g., drug store, dry cleaning, supermarket);

         (e)   Architectural plans. Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings and architectural guidelines for future development phases;

         (f)   Landscape plan. A detailed landscaping plan including the type, size and quantity of all existing and proposed plantings;

         (g)   Grading and drainage plan. Preliminary grading and drainage 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;

         (h)   Erosion control. A soil erosion control plan clearly illustrating erosion control measures to be used during construction;

         (i)   Document changes. 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)   Preliminary plat. A preliminary plat conforming to the city subdivision regulations;

         (k)   Lighting plan. A plan illustrating site lighting along with a photometric plan;

         (l)   Additional data. Additional information as the Zoning Administrator, Planning Commission or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof; and

         (m)   Excuse for submittal. The Zoning Administrator 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.

      (3)   Schedule/review.

         (a)   Meeting. The developer meets with city staff to discuss specific development plans.

         (b)   Filing of application. The applicant shall file the development stage application within six months of concept plan review, together with all supporting data and filing fee, as established by City Council ordinance.

         (c)   Staff review/technical assistance reports. Upon receipt of an application for a PUD development stage, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to ensure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council.

         (d)   Other agency review. When appropriate, the Zoning Administrator shall forward the PUD development stage application to other special review agencies such as the Department of Natural Resources, soil conservation services, highway departments or other affected agencies.

         (e)   Hearing. The Zoning Administrator, upon verification of a complete 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 make recommendations to the City Council. Notice of the hearing shall 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 350 feet of the boundary of the property in question.

         (f)   Failure to receive notice. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter.

         (g)   Request for additional information. 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 established performance conditions in relation to all pertinent sections of this chapter.

         (h)   Appearance. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed development.

         (i)   Planning Commission review. Within 60 days of receiving a complete application, unless extended by the city, the Planning Commission shall review the reports and plans and submit its written report and recommendations to the Council and applicant. The report shall contain the findings of the Planning Commission with respect to the conformity of the development stage plan to the approved general concept plan. Should any changes be found to exist, the Planning Commission shall comment with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the concept plan and with respect to the compliance of the development stage plan with the provisions of this chapter and all other applicable federal, state and local codes and ordinances. If the Planning Commission shall find conformity or any changes merit approval and the Planning Commission shall further find the development stage plan to be in all other respects completed and in compliance with this chapter and other applicable federal, state and local codes and ordinances, it shall recommend denial of approval. If the Planning Commission fails to act within the time specified herein, it shall be deemed to have recommended the plan for approval.

         (j)   City Council action. Within 60 days of receipt of a complete application, unless the review period is extended in accordance with M.S. § 15.99, as it may be amended from time to time, 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)   PUD agreement. 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 of the city, City Administrator and the applicant within 30 days of City Council approval of the development stage plan. Where the development stage plan is to be resubmitted or denied approval, the City Council action shall be by written report setting forth the reasons for its action. In all cases, a certified copy of the document evidencing City Council action shall be promptly delivered to the applicant by the Zoning Administrator.

      (4)   Limitation on development 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 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 chapter and/or an approved development stage plan, the approval shall expire. Upon application by the applicant, the City Council may at its discretion 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 City Council shall forthwith adopt a resolution repealing the general concept plan approval and the development stage plan approval for that portion of the PUD that has received final plan approval and re-establishing the zoning and other ordinance provisions that would otherwise be applicable.

   (J)   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 ordinances as the land use regulation applicable to the PUD. The final plan is intended only to add detail to and to put in final form, the information contained in the general concept plan and the development stage plan and shall conform to the development stage plan in all respects.

      (2)   Final plan submission information. After review of a general concept plan for the PUD and approval of a development stage plan for a section or sections of the proposed PUD, the applicant will submit the following material for review by the city staff prior to issuance of a building permit:

         (a)   Recording proof. Documents establishing the recording of any easement or other documents required by the city prior to the sale of any land or dwelling unit included in 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 plans, structures. Final architectural drawings of all structures;

         (c)   Final engineering plans. Final engineering plans and specifications for streets, drainage, utilities and other public improvements, together with a development contract providing for the installation of the improvements and financial guarantees for the completion of the improvements;

         (d)   Other plans. Any other plans, agreements or specifications necessary for the city staff to review the proposed construction. All work shall be in conformance with the Building Code of the city;

         (e)   Recording of final plan. Within 60 days of its approval, the applicant, or at its election, the city shall cause the final plan, or portions thereof as are appropriate, to be recorded with the County Recorder or Registrar of Titles, at the expense of the applicant. Certified copies of all relevant recorded documents shall be furnished to the city;

         (f)   Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved final plan and development agreement have been recorded, 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 or intermediate development stage plan provided, however, that no permit shall be issued unless the appropriate official is first satisfied that all requirements which are applicable to the permit sought, have been satisfied; and

         (g)   Limitation on final plan approval. Within one year after the approval of a final plan for PUD, or the shorter time as may be established by the approved development schedule, construction shall commence in accordance with the approved plan. Failure to commence construction within the period shall, unless an extension has been granted and 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 the zoning regulations and other zoning provisions, applicable in the district in which it is located. In that case, the Council shall adopt a resolution repealing the PUD permit and PUD approvals and re-establishing the zoning and other provisions that would otherwise be applicable.

      (3)   Schedule.

         (a)   Upon approval of the development stage plan and within the time established by division (I)(3) above of this section, the applicant shall file with the Zoning Administrator a final plan consisting of the information and submissions required by division (J)(2) above of this section for the entire PUD or for one or more stages. This application will be considered at the next regularly scheduled Planning Commission meeting.

         (b)   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 60 days of receipt of a complete PUD final plan application, unless the review period is extended in accordance with M.S. § 15.99, as it may be amended from time to time, and receipt of the findings and recommendations of the Planning Commission, the City Council shall grant approval or denial of the request.

         (d)   The applicant shall cause the final plan, or portions thereof as are appropriate, to be recorded with the County Registrar. The applicant shall provide the city with a signed copy verifying county recording within 40 days of the date of approval.

      (4)   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 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 in which are applicable to the permit sought, have been satisfied.

      (5)   Limitation on final plan approval. Within one year after the approval of a final plan for PUD, or shorter time as may be established by the approved development schedule, construction shall commence in accordance with the approved plan. Failure to commence construction within the period shall, unless an extension has been granted and 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 the zoning regulations and other ordinances, applicable in the district in which it is located. In that case, the City Council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this section may, at the discretion of the City Council, be extended for not more than one year by ordnance or resolution duly adopted.

      (6)   Inspections during development.

         (a)   Compliance with overall plan. Following final plan approval of a PUD, 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 within the approved development schedule.

         (b)   City Council notification. 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 the 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 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 of the final plan.

(Prior Code, § 11-10-4) (Ord. 258, passed 5-4-2006)