Final Plan Planned Unit Development

Process

1. Assembling The Application
   • Applicants have up to 180 days in which to prepare materials for Final Plan submittal after gaining Preliminary Plan approval. A longer delay would probably be granted upon written request by an applicant. Joint consultation with staff while required submittals are being prepared can help ensure the City's development requirements are being adequately met in the more detailed plans. Required submittals for this stage fall into two categories, again with various certifications:
     • deposit
     • records
     • certification of plans
     • time limits
     • letter of credit
     • effect on conveyed property
   • Materials that must be submitted for all proposed PUDs include:
     • narrative
     • Final Site/Development Plan
     • Final Preservation Plan
     • Final Stormwater Management Plan
     • Final Utility Plan
     • Final Building Code Analysis
     • Final Plat in hard shell format ready for Council approval and signing.
2. Submitting The Application
   • Final Plan applications should be turned in to the Planning Division. Staff needs the same lead time between submittal and hearing date. Applicants should call ahead for a current schedule if timing is very important.
   • With the second 60-day clock now ticking, staff once more has 15 days in which to determine whether an application has been properly submitted with all of its parts and pieces fully completed. Procedures for accepted or rejected applications are the same as in the Preliminary Plan stage.
3. The Planning Commission Hearing
   • Once again, the Planning Commission will have the first review of materials, similar to the process for the Preliminary Plan. The hearing is typically scheduled for roughly four weeks after the submission. In your application be sure to have addressed any comments or questions that arose during the evaluation of the Preliminary Plan, as the Commission will be attentive to reaching resolution on any outstanding items before making a recommendation to the City Council.
4. The City Council Hearing
   • The process closely repeats what happens at the Preliminary Plan stage. The applicant or authorized representative should be present at the hearing. Council action may take the form of approval with or without amendments, a request for further information from staff and/or applicant, denial, or a referral of the request back to the Planning Commission for additional investigation and analysis. If an extension to the 60-day limit is necessary to allow further consideration of the proposal, staff will provide written notice to the applicant, explaining reasons for and length of the extension. Staff will also provide written notice to the applicant in the case of a denial, outlining the reasons for the negative vote. The second 60-day clock stops after the Council's final vote. However, construction cannot begin until after an ordinance, permit, and plat are approved.
5. Ordinance, Permit, and Plat
   • Approval of PUDs, as with other zoning approvals, is by ordinance. The PUD ordinance contains all of the specific terms under which the project has been approved. Terms are based on the requirements of City Code Section 113-123 in its entirety and on the outcomes of the Preliminary and Final Plan hearings. The same terms will also be incorporated into the PUD Permit.
   • Once the Council votes to approve the Final Plan, staff will forward a copy of the ordinance to the City's legal newspaper for official publication, which generally occurs eight days after the date of approval. Publication of the ordinance makes the approval effective, subject to final details such as signing the PUD Permit and recording the PUD plat. No building or occupancy permits will be issued until the applicant takes care of those items per City Code Section 113-123.
   • Staff will prepare the PUD Permit after approval of the Final Plan by the Council. The PUD Permit and Final Plat are typically approved at the subsequent Council meeting, though this may be delayed if the Final Plat is not ready. A development agreement between the City and the applicant may also be necessary. Approval of this agreement by the Council would also be granted at the subsequent meeting.
   • All persons who own property within the area of the PUD at the time of permit issuance must sign the permit. Once it is signed, City Code Section 113-123 provides that its terms will transfer to and be binding on any subsequent property owners just as if they were the original signers.
   • According to Chapter 109 of the City Code, the plat may be recorded any time up to 60 days after the date of Final Plat approval, which occurs following Final Plan approval. This delay is mainly for the benefit of the developer. Among other things, it allows for the conclusion of any property transactions that are contingent on basic PUD approval. Until the developer supplies staff with proof that the plat has indeed been recorded, Chapter 109 provides that a "hold" will remain on all other permits. If the 60-day limit is passed without a plat being recorded or without the developer requesting and receiving an extension from the City Council, then all PUD approvals will be voided.