(A) Applicability. A preliminary plat application shall be submitted to the city when any of the following apply:
(1) The applicant is proposing to create four or more lots as part of a subdivision;
(2) The applicant is proposing to change the exterior boundaries of an existing plat;
(3) Successive divisions within a five year period creating five or more parcels or building sites (i.e. lots or outlots) of one to one and one-half acres each or less; or
(4) The proposed subdivision does not qualify to be processed as a minor subdivision.
(D) Review criteria. In considering the preliminary plat application, the Planning Commission and City Council shall consider the following factors:
(1) Consistency with the design standards and other requirements of this chapter;
(2) Consistency with the city’s Comprehensive Plan or other development plans;
(3) Consistency with Chapter 151 of this Code of Ordinances;
(4) Consistency with the Public Works Design Manual;
(5) The physical characteristics of the site, including but not limited to topography, erosion and flooding potential, development or use contemplated; and
(6) The potential for the proposed development to create a negative fiscal or environmental impact upon the city.
(E) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing. The Planning Commission shall hold a public hearing in accordance with § 151.05.11(M).
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the preliminary plat and shall transmit the plat and application along with its recommendations to the City Council.
(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.
(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the preliminary plat application. The City Council may remand the preliminary plat request back to the Planning Commission for further consideration once during the review process.
(d) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(e) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(F) Effect of preliminary plat decision.
(1) The approval of a preliminary plat is an acceptance of the general layout as submitted and indicates to the applicant that he or she may proceed toward fulfilling the necessary steps for approval of the final plat in accordance with the terms of approval.
(2) Upon approval of the preliminary plat, and if approved by the City Engineer, the applicant may start work on all improvements. Depending on the type of improvements, the City Engineer may require the establishment of a development agreement before work commences.
(3) The applicant shall submit the final plat to the City Council within one year after the approval of the preliminary plat or approval of the preliminary plat shall be considered void.
(4) Prior to the expiration of the preliminary plat approval, the City Council may extend the approval for an additional year. The extension shall be in writing specifically designating the expiration date. The extension shall not be subject to an additional fee and only one extension may be granted per preliminary plat.
(G) Preliminary plat amendment. Requested amendments to the preliminary plat shall follow the same procedure outlined in this section. Should the applicant desire to amend the preliminary plat as approved, he or she may resubmit an amended plat which shall follow the same procedure unless the amendment is, in the opinion of the Planning Commission, of such scope as to constitute a new plat, in which such case it shall be re-filed.
(Ord. 20220120-01, passed 1-20-22)