The procedure to be followed for the approval of planned unit developments shall be outlined as below:
(a) Preapplication Meeting. The developer shall meet with the Planning Commission's designated representative prior to the submission of the preliminary development plan. The purpose of this meeting is to discus early and informally the purpose and effect of this section and the criteria and standards contained herein and to familiarize the developer with the Subdivision Regulations and the drainage, sewer and water systems of the City.
(b) Contents of Application for Approval of Preliminary Development Plan. An application for preliminary planned unit development shall be filed with the Clerk of the Planning Commission at least fourteen days and not more than thirty days prior to the next meeting of the Commission by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain or be accompanied by the following information:
(1) All plat contents and supplementary information for Preliminary Plats as required in the City's Subdivision Regulations, as amended.
(2) Proposed schedule for development of the site.
(3) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development within two years.
(c) Public Hearing by Planning Commission. Within thirty days after receipt of the preliminary development plan, the Planning Commission shall schedule a public hearing.
(d) Notice of Public Hearing by Planning Commission in Newspaper. Before holding the public hearing as required above, notice of such hearing shall be given in one newspaper of general circulation in the City at least twenty days before the date of the hearing. The notice shall set forth the time and place of the public hearing and a general description of the planned unit development.
(e) Notice to Property Owners by Planning Commission. Before holding the public hearing as required above, written notice of such hearing shall be sent by the Clerk of the Planning Commission by first class mail, at least twenty days before the hearing to all owners of property contiguous to and directly across the street (road) from the area proposed to be included within the planned unit development district. The failure to deliver the notice, as provided herein, shall not invalidate any such action taken. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (d) hereof.
(f) Approval in Principle by Planning Commission. Within forty days after the public hearing required by subsection (c) hereof, the Planning Commission shall take action to determine if the preliminary development plan is consistent with the intent and purpose of the section; whether the proposed development advances the general welfare of the City and neighborhood; and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels, or engineering feasibility.
(g) Final Development Plan. After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan which was approved in principle. Eight copies of the final development plan shall be submitted.
(h) Contents of Application for Approval of Final Development Plan. An application for approval of the final development plan shall be filed with the Clerk of the Planning Commission at least fourteen days and not more than thirty days prior to the next meeting of the Commission by at least one owner or lessee of the property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two years from the date of issuance of the approval. At a minimum, the application shall contain or be accompanied by the following information:
(1) All plat contents and supplementary information for Final Plats as required in the City's Subdivision Regulations, as amended.
(2) Tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; open space, parking areas, and public improvements proposed for each unit of the development.
(3) Set of drawings and specifications of improvements of construction and utility plans.
(i) Recommendation by Planning Commission. Within forty days after receipt of the final development plan, the Planning Commission shall recommend to Council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The Planning Commission shall then transmit all paper constituting the record and the recommendations to Council.
(j) Criteria for Recommendation by Planning Commission. Before making its recommendation as required in subsection (1) hereof, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(1) The proposed development can be initiated within two years of the date of approval;
(2) Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surroundings, but will have a beneficial effect which could not be achieved under standard district regulation.
(3) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
(4) Any propose* commercial development can be justified at the locations proposed.
(5) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan.
(6) The area surrounding the development can be planned in coordination and substantial compatibility with the proposed development.
(7) The existing and proposed utility services are adequate for the population densities and non- residential uses proposed.
(k) Action by Council.
(1) Within twenty days after receipt of the recommendation of the Planning Commission, Council shall initiate action by ordinance to either approve, approve with supplementary conditions or modifications or disapprove the application as presented. If the application is either approved or approved with conditions or modifications, Council shall direct the Zoning Inspector to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions or modifications attached thereto; and the final subdivision plat.
(2) Upon approval of a final development plan, the Official Zoning Map shall be annotated for the land area involved so that the district name includes the notation, "PUD."
(l) Supplementary Conditions and Safeguards. In approving any planned unit development, the Council may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this Zoning Ordinance and punishable under the penalty section of the Zoning Ordinance.
(m) Expiration and Extension of Approval Period.
(1) The approval of a final development plan for a planned unit development shall be for a period not to exceed five years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved final development plan my be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest.
(2) No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the planned unit development was granted.
(n) Provisions Governing Planned Unit Developments. Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this Zoning Ordinance, the provision of this chapter shall prevail. subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Zoning Ordinance.