(A) Purpose. The purpose of the preliminary plat submission is to obtain the approval and/or commitments from the city that the plans, design and program that the developer intends to build and follow are acceptable, and that the developer can reasonably proceed into final detailed architecture, engineering, surveying and landscape architecture in anticipation of final plat approval and subsequent construction. This is a relatively detailed submission that assures the developer that the developer’s plan is acceptable and that the developer can invest the money necessary to prepare final plans with the assurance that the final plat and plans will be accepted if they substantially conform to the preliminary plat and plans. It is at this stage that final modifications, adjustments and interpretations are made to the conceptual plan, if any.
(B) Procedure.
(1) Submission. A request for preliminary plat approval of the planned development shall be submitted to the Secretary of the Plan Commission who shall refer the same to the Plan Commission for public hearing, report and recommendation as to whether or not the City Council should issue the special use permit applied for.
(2) Hearing. The Plan Commission shall hold a public hearing on the application for a planned development in accord with the procedures set forth below in this subchapter.
(3) Recommendations. Following the public hearing and review of the preliminary planned development plat and supporting data for conformity to these regulations, the Plan Commission shall, within 60 days, unless an extension is requested or approved by the applicant, recommend approval, modification or disapproval, and the reasons therefore, or indicate why a report and recommendation cannot be rendered to the City Council.
(4) City Council action. The City Council, after receipt of the preliminary planned development plat from the Plan Commission, shall approve, modify or disapprove the preliminary plat within a period of 60 days unless an extension is requested or approved by the applicant. In the case of approval, or approval with modification, the City Council shall pass an ordinance granting the special use and indicate its approval upon the plat (by signature of the City Clerk), and arrange zoning map modifications as necessary (designating the area involved as a planned development). The City Council may require special conditions, as it may deem necessary to ensure conformance with the intent of the planning objectives of the city and its environs and the stated objectives of the planned development provisions of this subchapter.
(5) Effect of approval. Approval of a preliminary planned development plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a final guide to the preparation of the final plat which will be submitted for the approval of the city and subsequent recording upon the fulfillment of the requirements of these regulations and any conditions of the preliminary approval, if any. The final plat shall be approved as hereinafter provided if it conforms with the preliminary plat.
(6) Building permit. No building permit shall be issued for any structure until the final plat has been filed, approved or recorded.
(7) Subdivision approval. A subdivision in accordance Chapter 161 of this code may be combined with the plats required hereunder provided that the requirements of that subchapter are additionally complied with. In that event, it shall be noted on the plat that the plat is being approved both as a planned development and as a subdivision. Unless otherwise prescribed thereon, the approval of the planned development and the subdivision shall be deemed independent of each other. Thus, if the planned development is subsequently abandoned, the subdivision shall nevertheless be considered effective as a subdivision. The subdivision would be subject to any applicable zoning restrictions, however, as if not a planned development. The property will not, however, be allowed to be treated as a nonconforming use based on any use as a planned development nor any prior nonconforming use. The subdivision plat may be separately recorded as such in order to give effect to this provision. This provision shall not in any way limit the authority of the city hereunder to allow the subdivision and sale of real estate as part of a planned development and to not impose requirements which may otherwise apply to the subdivision pursuant to Chapter 161. In other words, a planned development may be adopted for a subdivision established (or being established) under Chapter 161, or the subdivision of real estate may be made a part of a planned development itself.
(1980 Code, § 29.906) Penalty, see § 162.999