(a) The application for preliminary approval shall be submitted by or on behalf of the landowner to the Planning and Zoning Commission in accordance with the Preliminary Plat requirements of the City's Subdivision regulations.
(b) The application for preliminary approval shall be in addition to the plans and supporting data required by the Subdivision Regulations and this chapter, and shall contain the following:
(1) The proposed land use areas within the Planned Unit Development, distinguishing between types of residential, non-residential, and open space uses.
(2) The density of each land use within the Planned Unit Development and the average gross residential density for the entire Planned Unit Development.
(3) The use and approximate height, bulk, and location of buildings and other structures.
(4) The location, function, size, ownership, and manner of maintenance of the common open space.
(5) The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for common open space areas and public utilities and the legal form of provisions thereof.
(6) In the case of plans which call for development in stages, a schedule showing the approximate time frame within which applications for final approval of each stage of the Planned Unit Development are intended to be filed and the approximate number of dwelling units, types of dwelling units, and gross residential density for each type of dwelling unit planned for each stage. The schedule shall be updated annually by the developer on the anniversary of submission for preliminary approval.
(7) Site plans shall be drawn at a scale no smaller than one (1) inch to fifty (50) feet.
(8) Copies of the site plan and supporting data included in the application for preliminary approval shall be submitted to the applicable agencies as required for Preliminary Plan approval in the City's Subdivision regulations for review and comment.
(c) Within sixty (60) days after the filing of a complete application for preliminary approval of a Planned Unit Development pursuant to this chapter, a public hearing on said application shall be held by the Planning and Zoning Commission at which time the Commission shall take final action to forward to City Council its recommendations.
(d) When the Planning Commission has reported its findings as required herein, Council shall, by official written communication to the landowner, following receipt of the Commission's recommendations pursuant to the public hearing provided for in this section, either:
(1) Grant preliminary approval of the development plan submitted.
(2) Grant preliminary approval subject to specified conditions recommended by the Planning Commission not included in the development plan as submitted.
(3) Deny preliminary approval to the development plan.
Failure to act within ninety (90) days shall be deemed to be a grant of preliminary approval of the development plan as submitted. In the event however, that preliminary approval is granted subject to specified conditions, the landowner may, within thirty (30) days after receiving a copy of the official written communication of Council, notify the Clerk of Council of his refusal to accept said conditions, in which case, Council shall be deemed to have denied preliminary approval of the development plan. In the event the landowner does not, within said time period, notify the Clerk of Council of his refusal to accept said conditions, preliminary approval of the development plan, with all said conditions, shall stand as granted.
(e) The grant or denial of preliminary approval by official written communication shall include the reasons for the grant of approval, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to the following:
(1) In those respects in which the development plan is or is not consistent with the City Comprehensive Plan.
(2) The extent to which the development departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed in the public interest.
(3) The purpose, location and amount of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space, as related to the proposed density and type of residential development.
(4) The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation, and visual enjoyment.
(5) The relationship, beneficial or adverse, of the proposed Planned Unit Development to the neighborhood in which it is proposed to be established.
(6) In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and the residents of the Planned Unit Development in the integrity of the development plan.
(f) In the event a preliminary approval is granted to a development plan, with or without conditions, the City shall set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the period of time within which applications for final approval of each part thereof shall be filed.
(g) The official written communication provided for in subsection (f), above, shall be certified by the Clerk of Council and shall be filed in his/her office, and a certified copy shall be mailed to the landowner. Where preliminary approval has been granted, the same shall be noted on the Zoning Map.
(1) Preliminary approval of a development plan shall not qualify a plat of the Planned Unit Development for recording nor authorize the issuance of any building permits. A development plan which has been given preliminary approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of preliminary approval), shall not be modified or revoked nor otherwise impaired by action of the City pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development in stages, provided applications are filed, within periods of time specified in the official written communication granting preliminary approval.
(2) In the event that a development plan is given preliminary approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall notify the City in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the preliminary approval shall be deemed to be revoked and all of that portion of the area included in the development plan for which final approval has not been given shall be subject to those City regulations otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map.