§ 151.077 FILING AND REVIEW OF APPLICATION; PROCEDURE.
   (A)   Pre-application meeting. The property owner/applicant shall meet with the Zoning Administrator and other city staff to discuss the preliminary plat application. Through this meeting, the Zoning Administrator/city staff may summarize the city's review comments and offer suggestions pertaining to additional information or design changes that may assist in expediting the preliminary plat review.
   (B)   Neighborhood meeting. The city recommends the property owner/applicant hold a neighborhood meeting for informal comment and feedback prior to preliminary plat application.
   (C)   Application. The person applying for preliminary plat approval shall submit to the Zoning Administrator a complete application and all other information required in accordance to the submission and meeting schedule established by the city. The application shall address the informational requirements of § 151.061 of this chapter and issues identified through the sketch plan review procedure.
   (D)   Inclusions in a complete preliminary plat application. A complete preliminary plat application shall include:
      (1)   A graphic and written description of the information requirements outlined in § 151.061 of this chapter; and
      (2)   Applications shall be accompanied by a fee and processing escrow established by the City Council.
   (E)   Notification. The Zoning Administrator, upon receipt of an application, shall notify the applicant in writing within ten business days if the application is found to be incomplete.
   (F)   Referral of copies. The Zoning Administrator shall refer copies of the preliminary plat to other city staff, consultants, advisory committees or agencies as appropriate.
   (G)   Report. Upon receipt of a complete application, the Zoning Administrator shall have a report prepared and refer the application to the city advisory committees, the Planning Commission and City Council.
   (H)   Review of application. The application shall be reviewed by city advisory committees. The recommendations of the other advisory committees will be forwarded to the Planning Commission for its consideration of the application at a public hearing.
   (I)   Public hearing. The Planning Commission shall hold a public hearing on the proposed preliminary plat. Notice of the public hearing shall be published in the official newspaper designated by the City Council at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
   (J)   Public testimony. The Planning Commission shall take public testimony at its public hearing and evaluate the requested preliminary plat against the premature subdivision criteria of § 151.028 of this chapter, the performance standards of this chapter, the performance standards of the city zoning regulations and other city requirements. The Planning Commission shall make findings and offer a recommendation for either preliminary plat approval or denial. The Planning Commission may offer a recommendation of approval with conditions necessary to satisfy city regulations.
   (K)   Staff report. The Zoning Administrator shall prepare a staff report of the findings and recommendations of the Planning Commission. The findings may include specific conditions of approval or findings related to denial of the plat.
   (L)   City Council action. The City Council shall take action on the application within 120 days following delivery of an application completed in accordance with the regulations of this chapter, unless an extension is agreed to by the applicant.
   (M)   Approval or denial. The City Council shall take action on the application which shall include findings of fact and shall be entered in the proceedings of the City Council and transmitted to the applicant in writing. If the City Council approves the preliminary plat, it may impose conditions it considers necessary to protect the public health, safety and welfare. If the City Council denies the preliminary plat, it must make findings of fact in writing the reasons for the denial at the time it denies the request. The lack of a majority of the City Council to vote affirmatively to approve a preliminary plat shall be a denial of the requested application.
   (N)   Action to be taken after approval. If the preliminary plat is approved by the City Council, the applicant shall submit a complete application for final plat in accordance with the approved phasing plan but no later than one year, after the approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing by the applicant and approved by the City Council prior to the expiration of the preliminary plat approval.
(Prior Code, § 12-5-2) (Ord. 259, passed 5-4-2006)