(A)
Purpose.
The purpose of a Preliminary Plat is to establish the general
layout of the proposed subdivision, the adequacy of public facilities
needed to serve the intended development, and the overall compliance
of the proposed land division with applicable requirements of this
GDC.
(B)
Applicability.
(1)
A
Preliminary Plat is required for all single-family detached, two-family
residential, and townhouse developments having two or more lots, unless
the Planning Director determines that a Preliminary Plat is not needed
and an exemption from this requirement is therefore granted by the
Director.
(2)
A
Preliminary Plat is not required for multifamily or nonresidential
developments, unless the Planning Director determines that the submission,
review and approval of a Preliminary Plat is necessary for public
health, safety or welfare reasons.
(Ordinance 6773 adopted 5/19/15)
(C)
Accompanying
Applications.
Before filing an application for a Preliminary Plat, the applicant must submit full Site Engineering Drawings and a Working Plat. The Working Plat shall be reviewed and must achieve acceptable status prior to submission of the Plat application. However, approval of the Plat application and approval of the Site Engineering Drawings are separate approvals. The approvals are governed by Division 2 of Article 2 of this Chapter 3 for the Preliminary Plat, and by Division 1 of Article 6 of this Chapter 3 for the Site Engineering Drawings.
(D)
Review
Process.
A Preliminary Plat application shall be reviewed
by the Development Review Committee (DRC) and the Planning Director.
The standards of review and approval process for a Preliminary Plat
are set forth in the City’s Development Application Packet,
as amended.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 7, adopted 5/7/19; Ordinance 7107, sec. 39, adopted 12/3/19)
(A)
Review
and Determination.
The Plan Commission shall review the
Preliminary Plat application, findings of the DRC, and any other information
submitted with the application or supplied by City staff. From all
such information, the Plan Commission shall determine whether the
Preliminary Plat application complies with this GDC and the City Development Application Packet, as amended.
(Ordinance 6773 adopted 5/19/15)
(A)
The following
criteria shall be used to determine whether the application for a
Preliminary Plat shall be approved or denied:
(1)
The
Preliminary Plat is consistent with all zoning requirements for the
property, including any applicable PD/SUP zoning standards, and with
any approved development agreements, if applicable;
(2)
The
proposed means of providing, and the configuration of public improvements,
including but not limited to, roads, water, wastewater, storm drainage,
park facilities, open spaces, easements and rights-of-way are adequate
to serve the development, meet applicable standards of this GDC, and
conform to the City’s adopted master plans for those facilities;
(3)
The
Preliminary Plat has been duly reviewed by applicable City staff;
(5)
The
Preliminary Plat conforms to design requirements and construction
standards as set forth in the City’s Technical Standards; and
(6)
The
Preliminary Plat conforms to application submission requirements in
the City’s Development Application Packet,
as amended.
(Ordinance 6773 adopted 5/19/15)
(A)
Right
to Proceed.
The approval of a Preliminary Plat application
shall allow the applicant to continue applying for and obtaining a
Site Permit. The Final Plat application shall be submitted, approved
by the City, and filed for record with the applicable county prior
to issuance of any Building Permit for the property.
(B)
Installation
of Subdivision Improvements.
(1)
Approval
of the Preliminary Plat by the Plan Commission constitutes general
approval of the layout illustrated on the Preliminary Plat as a guide
to the installation of streets, water, sewer, storm drainage, and
other improvements that are planned or required to serve the proposed
development.
(2)
Approval
of the Preliminary Plat does not constitute approval of the proposed
development’s final Site Engineering Drawings, nor shall approval
of the Preliminary Plat be construed to mean acceptance by the public
of the dedication of any roads, utilities, drainageways, or other
such land and improvement dedications.
(Ordinance 6773 adopted 5/19/15)
(A)
Validity.
The approval of a Preliminary Plat application shall remain
in effect for two years (that is, 730 calendar days) following the
date of approval by the Plan Commission (or by the City Council, on
appeal, if the Preliminary Plat was denied by the Plan Commission).
(B)
Expiration
& Extension.
(1)
Two-Year
Validity.
If the Site Engineering Drawings have not been
approved within the two-year period, the approved Preliminary Plat
application expires and shall be null and void.
(2)
Portion
of Preliminary Plat Submitted for Construction.
If Site
Engineering Drawings have been approved for only a portion of the
land covered in the approved Preliminary Plat within the two-year
period, as may be the case for a phased development, the remaining
portion of the Preliminary Plat continues to be valid for the remainder
of the two-year period. The first phase, and every subsequent phase,
of a phased development shall be designed, and shall have all required
public improvements constructed, to exist independently, all of which
shall conform to the City’s Technical Standards in the same manner as if for a single-phase development.
(3)
Relationship
to Site Engineering Drawings.
A Preliminary Plat shall
remain valid for the period of time in which approved Site Engineering
Drawings are valid, as long as forward progress on the development
is underway and ongoing.
(4)
Extension.
The Preliminary Plat application, or portion thereof in the
case of a phased development, may be extended if a request for extension
is made in writing to the Plan Commission at least thirty calendar
days prior to expiration of the Preliminary Plat. Such written request
shall include reasons why the Plat should be extended. The Plan Commission
shall review the extension request, and shall take one of the following
actions:
(5)
Extension
and Vested Rights.
In deciding a request for an extension
of a Preliminary Plat, the Plan Commission may consider whether the
applicant is willing to waive, in writing, the vesting of rights under
the application for a Preliminary Plat.
(Ordinance 6773 adopted 5/19/15)
(A)
Minor
Amendments.
Minor amendments in the design of the subdivision
for which a Preliminary Plat has been approved may be incorporated
into an application for approval of Site Engineering Drawings or a
Final Plat without the necessity of submitting a new application for
re-approval of a Preliminary Plat. Minor amendments include minor
adjustments in street or alley alignments, minor adjustments to easements
that result during preparation of the Site Engineering Drawings (provided
that such adjustments do not compromise the intended use and function
of the property), and minor adjustments in lot lines that do not result
in creation of additional lots or any nonconforming lots, provided
that all such amendments are consistent with applicable approved prior
applications.
(B)
Major
Amendments.
All other proposed amendments to the design
of the subdivision for which a Preliminary Plat has been approved
are considered major amendments that require the submittal and approval
of a new application for re-approval of a Preliminary Plat before
approval of the Site Engineering Drawings or of a Final Plat.
(C)
Determination.
The Planning Director shall, consistent with the provisions
of this Section, make a determination of whether proposed amendments
are deemed to be minor or shall require new submittal and re-approval
of a Preliminary Plat.
(Ordinance 6773 adopted 5/19/15)
