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(1) Purpose

The preliminary plat procedure provides a mechanism for the City to review an overall plan for a proposed subdivision to ensure compliance with this Code and the adequate provision of facilities and services in the City.

(2) Applicability

a. Preliminary Plat Required

A preliminary plat is required for any proposed subdivision that:

1. Is on land that has not been platted; or

2. Will include the dedication of public right-of-way, other public tracts, or public improvements; or

3. Is not eligible to be processed as a land division, pursuant to Section 8.5.C, Land Division or Combination.

b. Zoning Compliance Required

A proposed subdivision shall be designed to meet the specific requirements for the zoning district within which it is located.

(3) Application Submittal and Review Procedure

Figure 8-7 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of preliminary plats. Additions or modifications to the common review procedures are noted below.

Figure 8-7: Preliminary Plat

a. Pre-Application Meeting

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

b. Application Submittal and Handling

1. Conceptual Plat for Subdivisions of More than 10 Units

i. Before commencing with preliminary plat submittal and review procedures, a conceptual review public meeting for any subdivision with more than 10 units shall be scheduled with the Planning and Zoning Commission. The Director may waive the conceptual plat requirement for projects on the basis of potential location or visually related impacts.

ii. The Commission shall hold at least one public meeting on each conceptual plat, which shall be noticed pursuant to Section 8.3.F, Scheduling and Notice of Public Hearings. At the public meeting, no actions shall be taken by the Commission on the conceptual plat. The public meeting is intended to provide an opportunity for the applicant to hear any concerns, comments, or requests for additional information from the Director, Commission, applicable reviewing agencies and utilities, and members of the public.

2. Preliminary Plat Submission

Preliminary plat submission and review commences after the conclusion of conceptual review, if required. This stage of land and airspace subdivision includes detailed subdivision planning, submittal, review, and approval of the preliminary plat. The preliminary plat application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

c. Citizen Review Process

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

d. Staff Review and Action

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action, with the following modifications: Upon formal acceptance of the preliminary plat application, the Director shall:

1. Distribute copies of the application to representatives of utilities, agencies, and governments that may be affected or have a pertinent interest in the proposed subdivision for their written comments; and

2. Distribute comments to the applicant and discuss these comments at a staff/applicant meeting.

e. Scheduling and Notice of Public Hearings

The Commission shall hold at least one public hearing on each preliminary plat. The hearing shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

f. Planning and Zoning Commission Review and Recommendation

1. The Planning and Zoning Commission shall review the preliminary plat application and recommend approval, approval with conditions, or denial, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

2. If the plat is generally acceptable but requires minor revision before proceeding with preparation of the final plat, the Commission may recommend conditional approval and note the required revisions in the minutes of the hearing.

3. If the Commission finds that the plat requires major revision, consideration of the plat may be continued pending revision or resubmittal of the plat or any part thereof. Major revisions shall be subject to the same review requirements as the original submittal.

g. City Council Review and Decision

1. The staff shall refer the written recommendations of the Commission on the preliminary plat to the Council.

2. After conducting a properly noticed public hearing, the Council shall approve, conditionally approve, deny, or continue its consideration of the proposed preliminary plat, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

h. Post-Decision Actions and Limitations

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

1. Refiling Following Denial

If a preliminary plat is denied by the Council, a similar preliminary plat of the same area or portion thereof may not be refiled for at least one year from the date of disapproval. If a plat is refiled, it shall be treated as a new application and all fees shall be paid.

2. Revisions to Preliminary Plat

Revisions to subdivision design may be required to satisfy required conditions of approval. Required revisions to the preliminary plat must be submitted for review by the Director. The Director shall respond in writing to the revisions.

3. Expiration of Preliminary Plat Approval

The approval of a preliminary plat shall expire 24 months from the date approved by the Council, subject to the following:

i. It shall be the responsibility of the applicant to monitor elapsed time.

4. Amendments to Approved Preliminary Plats

The actions taken by the Commission and Council on any amended preliminary plat shall be limited to that portion of the plat affected by the amendment and shall not be construed as extending the time in which the final plat shall be filed. Any amended portion of a preliminary plat shall comply with the requirements in effect at the time the amendment is considered by the Commission. The amended plat shall show all of the information required by this section concerning any changes that may have been made on the plat.