(a) Application. A written application for approval and three black-on-white prints of a preliminary plan and profiles of all streets, plotted on a topographic map, complying with the requirements set forth in Section 1252.02
, shall be submitted to Council for each proposed subdivision. The purposes of the preliminary plan are to explore the best design for the subdivision and the best relationship to adjoining subdivisions or undeveloped land, to outline a program of improvements and obtain the advice, suggestions and requirements of the departments of the City and the City Planning Commission before the plan becomes rigid as in a detailed drawing. The submittal of alternative plans is recommended.
(b) Council Action.
(1) Council shall examine the preliminary plans at the next regular meeting of Council, giving the applicant an opportunity to be heard and to explain any questions concerning the plan.
(2) Thereafter, the Clerk of Council shall forward one print of the preliminary plan and profiles to the City Engineer who will check the same against all requirements provided for in these Subdivision and Land Development Regulations and all other ordinances of the City. The Engineer shall, within two weeks, return the print to the Clerk of Council together with his or her comments and recommendations.
(3) Council shall then have an opportunity to re-examine the plan, together with the report of the Engineer thereon, and it may then refer the plan to the Planning Commission.
(Ord. 1962-8. Passed 2-21-62.)
(c) Planning Commission Action.
(1) When the Secretary of the Planning Commission receives an application for approval of a preliminary plan from Council, together with the report of the Engineer thereon, and any recommendations concerning the plan which Council may make, the Secretary shall give public notice by one publication in a newspaper of general circulation within the City not less than one week nor more than six weeks before the meeting of the date at which the preliminary plan and profiles of the proposed subdivision shall be considered by the Commission so that all interested parties may attend the meeting.
(Ord. 1968-59. Passed 9-18-68.)
(2) For all subdivisions which are of such scope or at such locations as to affect the design of an integrated neighborhood street pattern or extensions to adjoining unsubdivided land, as to include public sites or as to involve topographic or other unusual conditions, the Commission may request Council to obtain an analysis and recommendation from a professional land planner, civil engineer or landscape architect who is experienced in planning the type of subdivision under consideration, and who has no interest in the proposed subdivision. If Council approves the request and obtains such professional advice, the Commission shall review the aforesaid analysis and recommendations and determine if the preliminary plan embraces all the applicable planning principles and other provisions of these Regulations as well as other ordinances of the City.
(3) If the Commission finds that the proposal is the best plan possible under the circumstances and acts favorably, the Chairperson and Secretary shall affx their signatures to two copies of the preliminary plan and profiles with a notation that the same have received approval, along with any special conditions. The Secretary shall then deliver one of the copies to the Clerk of Council and retain the other copy.
(4) If the Commission acts unfavorably, it shall state in writing the conditions to be complied with before approval may be given, or it may redesign and recommend an alternative plan to the developer. The Commission shall act within one month from the date of the meeting at which the application and all required maps, plans and data were received, or within a mutually agreed upon extension; otherwise the preliminary plan and profiles shall be deemed to have been approved.
(d) Further Council Action.
(1) If the vote of the Commission is to approve the preliminary plan and profiles, the Secretary of the Commission shall deliver the plan and profiles to Council with a written report of its action. If the vote of the Commission is to disapprove, its action is final unless the owner elects to appeal the adverse report to Council within twenty days after the decision of the Commission.
(2) If the report of the Commission is favorable, Council may, by record vote, approve or disapprove the plan by majority vote. If the vote of the Commission is not to approve the plan, Council can only approve the plan by a three-fourths vote. All actions by both the Commission and Council shall be made a matter of their minutes of that meeting.
(e) Effect of Approval. The approval of the preliminary plan by the Planning Commission and Council shall assure the developer for a one-year period from the date of approval:
(1) That the general layout of streets, lots and other features is approved and has been established as the basis for the preparation of the final plat;
(2) That the general terms and any special conditions under which the approval of the plan was granted will not be changed unless additional information or data are received in the meantime that would indicate that changes should be effected; and
(3) That the developer may submit drawings and specifications for improvements and a final plat for the whole or part of the subdivision.
(Ord. 1962-8. Passed 2-21-62.)
(Ord. 1962-8. Passed 2-21-62.)