§ 122-705. Review procedures.

The review and approval process for planned unit developments must be as follows:

(a)

Preapplication conference.

(1)

In order to facilitate review of a planned unit development proposal in a timely manner, the applicant may request an informal preapplication conference with city staff. The purpose of such a conference is to exchange information and provide guidance to the applicant that will assist in preparation of application materials.

(2)

The applicant must present at such a conference, at a minimum, a concept plan of the proposed planned unit development (drawn to scale), a legal description of the property in question, the total land areas of the project, the approximate number of residential units to be constructed, the floor area of nonresidential uses, and areas to be designated as common areas or open space.

(3)

No formal action must be taken at a preapplication conference. There must be no fee for a preapplication conference. Statements made at the preapplication conference must not be legally binding commitments.

(b)

Public hearing. After a formal application has been filed for a planned unit development, it must be reviewed by the city planner and planning and development department for completeness and submitted to the planning commission. A public hearing on the proposed planned unit development must be scheduled. Notice of the public hearing must be published in a newspaper of general circulation in the city, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real estate property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. Such notice must be given not less than 15 days before the public hearing scheduled. Such notification must contain the following information:

(1)

Nature of the planned unit development project requested.

(2)

Boundaries of the property which is the subject of the request.

(3)

Date and time of the public hearing.

(4)

Location and times that written comments will be received concerning the request.

(c)

Planning commission recommendations. Within a reasonable time not to exceed 90 days following the public hearing, the planning commission must make its final consideration of the request, and must recommend to the city council denial, approval, or approval with conditions, of the request. The planning commission must have prepared a report stating its conclusions, the basis for its recommendations, and any conditions relating to an affirmative recommendation.

(d)

City council action.

(1)

The city council must be provided with a copy of the planning commission's report, a summary of comments received at the public hearing, minutes of all proceedings, and all documents related to the planned unit development. Within a reasonable time, not to exceed 60 days, after the action of the planning commission, the city council must deny, approve, or approve with conditions, the request.

(2)

The city council may require that a performance guarantee be deposited with the city to ensure faithful completion of improvements, in accordance with §122-317. Unapproved deviations or delays in construction may result in a loss of all or a portion of the performance guarantee.

(3)

The city council may also impose other conditions to ensure that a planned unit development is constructed in an orderly manner, consistent with the spirit and intent of this chapter; and that the planned unit approach is not used as a means of circumventing restrictions on the location or quantity of certain types of land uses.

(e)

Effect of approval.

(1)

Approval of a planned unit development proposal must constitute an amendment to this chapter. All improvements to and use of the site must be in conformity with the approved planned unit development site plan and any conditions imposed.

(2)

Within three business days of official approval of the application and site plan by the city council, the city clerk must attest the planned unit development designation for the land in question on the zoning map.

(3)

Notice of the adoption of the planned unit development designation must be published in a newspaper of general circulation within the city within 15 days after approval in accordance with §122-361.

(f)

Recorded with register of deeds. The applicant must record with the county register of deeds within ten days of approval of the application the following: a legal description of the project site, the approved site plan and an affidavit declaring that all future improvements will be made in accordance with the approved planned unit development.