A. Purpose: The purpose of the preliminary plat is to review and resolve most of the technical details of the subdivision design in order to minimize changes and revisions which might otherwise be necessary on the final plat. The preliminary plat and all information and procedures relating thereto shall in all respects be in compliance with the provision of this chapter and all other applicable ordinances, as well as in compliance with the concept plan staff report for the development.
B. Application: The preliminary plat application shall be submitted to the Planning Commission Chairperson and Planning and Zoning Administrator, along with the application fee set by the City Council. The preliminary plat application will consist of an application form and owner's affidavit and consent, fee and three (3) twenty four inch by thirty six inch (24" x 36") or larger copy and fifteen (15) eleven inch by seventeen inch (11" x 17") reduced copies of the proposed subdivision and attachments, including the following:
1. Names, address and phone numbers of the applicant, engineer, surveyor and/or architect/designer.
2. Vicinity map showing project location relative to City boundaries, major road and minor roads that serve the property.
3. Date, scale, north arrow, name of subdivision. Developer will check with the Washington County Recorder to determine if subdivision name has been used.
4. Property address, certified legal description prepared by a State licensed surveyor, acreage, dimensions and tax identification number.
5. Existing streets (with names) and right-of-way widths, buildings, culverts, bridges, waterways, irrigation ditches and systems, wells, springs, utilities, easements, rights-of- way, flood boundary, surface watercourse features, geologic hazards, fencing, parks, trails, open space, fire hydrants, streetlights, storm drain and sanitary sewer systems, soil conditions, topography (contours at maximum 2 foot intervals), survey monuments, section lines, and other features and infrastructure on or adjacent to the property as requested by the City Planner, City Engineer or other appropriate City staff member.
6. Proposed subdivision boundary and dimensions, streets (with names and widths), lot layout, lot sizes and dimensions, phasing, gross lot density, curbs, gutters, park strips and landscaping, waterways, demolition, fire hydrants, streetlights, sidewalks, fencing, easements, parks, trails, open space, public land dedications, storm and subsurface drainage systems, detention areas and potential flood boundary, sanitary sewer system, utilities, soil erosion and sedimentation control plan and any other infrastructure or improvements on or adjacent to the property and any other information requested by the City Planner, City Engineer or other appropriate City staff member.
7. Plans indicating the approximate alignment and sizing of water lines, sanitary sewers and storm drains, surface drainage, as well as easements for all utilities, if necessary.
8. Geotechnical and hydrology reports.
9. Documentation and/or reports concerning agreements with adjacent owners, agreements for the provision of utilities and easements, encumbrances, traffic impacts, compliance with Federal, State and local requirements or others as requested by the City Engineer or other appropriate staff member.
10. Preliminary chapter report verifying ownership.
11. Designation of common areas and amenities available for use of residents, commercial area customers and the general public.
12. Preliminary landscaping plan, preliminary lighting plan and plan for continued maintenance of the project.
13. The acreage and legal description of the area to be subdivided and boundaries of all properties within three hundred feet (300') of the subject property boundary.
14. In addition, the applicant shall furnish a list of names and addresses and two (2) sets of address labels and postage for owners of record at the Washington County Recorder's Office of the subject property and properties within three hundred feet (300') of the boundary line of the subject property. The list of property owners must be no older than thirty (30) days at the date of submission of the list. The developer is responsible for the completeness and accuracy of the list of owners of record, but may rely upon the records in the Washington County Recorder's Office. The failure to provide the name and address of any required owner of record may delay approval of the subdivision.
15. Preliminary ADA compliance report.
16. Tortoise habitat clearance form.
17. Complies with all State and Federal Statutes.
C. Review Process:
1. Staff Review And Report: The preliminary plat will be reviewed by the Planning Commission Chairperson and City Planner, Planning and Zoning Administrator and other City planning staff for general compliance with this chapter, the City standard specifications for design and construction, and all applicable ordinances. If the application is not complete or not in general compliance, the Planning Commission Chairperson and/or Planning and Zoning Administrator shall notify the applicant in writing and specify the deficiencies in the application. When the application is complete and in general compliance, the Planning and Zoning Administrator shall forward the completed application to the City Planner, City staff and departments, Ash Creek Special Service District, and affected government entities and public utilities to obtain comment regarding the application. City staff will review the preliminary plat, make site visits, discuss engineering issues, check compliance with City's General Plan, master plans and City ordinances to determine the adequacy of public facilities. The Planning Commission Chairperson and/or Planning and Zoning Administrator shall prepare the staff report, which shall include all review comments by the City Planner, City departments and all other agencies required to review the application and submittals. The Planning Commission Chairperson and/or Planning and Zoning Administrator shall forward the completed application and the staff report to the Planning Commission.
2. Planning Commission Public Hearing:
a. Once all application requirements have been met, redline corrections made, revised plans submitted and the staff report completed, the Planning Commission Chairperson or Planning and Zoning Administrator shall schedule the application on the Planning Commission agenda for a public hearing. Notice of the time, date and place of the public hearing shall be mailed not less than ten (10) days prior to the public hearing to all property owners of record in the Washington County Recorder's Office within three hundred feet (300') of the property line of the proposed subdivision (list of names to be furnished by applicant as required in section 10-1-8 of this title).
b. Notice shall also be posted not less than ten (10) days prior to the public hearing, on the property proposed for subdivision, in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passersby. The Planning Commission shall receive public comment at the public hearing regarding the proposed subdivision.
3. Planning Commission Review And Recommendation To City Council: If the Planning Commission finds that the proposed plat complies with the requirements of this chapter and is satisfied with the preliminary plat of the subdivision, it shall approve the plat, or approve the plat with conditions. If the Planning Commission finds that the proposed plat does not meet the requirements of this chapter or other applicable ordinances, it shall deny such plat.
4. City Council Public Hearing: Once the Planning Commission has approved the preliminary plat, the Planning and Zoning Administrator shall schedule the application on the City Council agenda for a public hearing. Notice of the public hearing shall be mailed not less than ten (10) calendar days prior to the public hearing to all property owners of record in the Washington County Recorder's Office within three hundred feet (300') of the property line of the proposed subdivision (list of names to be furnished by applicant as required in section 10-1-8 of this title). Notice shall also be published in a newspaper of general circulation not less than ten (10) days prior to the public hearing; or notice shall be posted not less than ten (10) calendar days prior to the public hearing, on the property proposed for subdivision, in a visible location, with a sign of sufficient size, durability and print quality that is reasonably calculated to give notice to passersby. The City Council shall receive public comment at the public hearing regarding the Planning Commission's approval of the proposed subdivision.
5. City Council Review: After the Planning Commission has approved the preliminary plat and after holding a public hearing on the Planning Commission approval of the plat, the City Council shall approve the plat, or approve the plat with conditions, if the City Council finds that the proposed plat complies with the requirements of this chapter. If the City Council finds that the proposed plat does not meet the requirements of this chapter or other applicable ordinances, it shall deny such plat.
D. Standards For Review:
1. The preliminary plat shall comply with the concept plan staff report.
2. Preliminary engineering plans shall indicate that public services, including roads, fire, police, gas, culinary water, secondary water, sewer, electricity, telephone and recreation, are available, and meet the requirements of this chapter and all applicable codes and regulations. If public improvements are not available, one (1) of the following alternatives may be elected to assure that adequate public services are available at the time of final plat recording:
a. Allow the developer to voluntarily construct those public improvements which are necessary to service development as determined by the City staff and Utility Board by entering into an appropriate form of development agreement, which shall include, if applicable, provisions to recoup any expenses incurred above and beyond those reasonable and necessary for, or related to, the need created by, or the benefit conferred upon, the proposed development, and the method and conditions upon which expenses may be recouped;
b. Allow the developer to phase the proposed development consistent with the availability of adequate public improvements;
c. Defer final plat approval and issuance of building permits until all necessary public improvements are adequate and available; or
d. Deny the preliminary plat approval and allow the applicant to reapply when adequate public improvements are available.
E. Preliminary Plat Approval Expiration:
1. A preliminary subdivision plat approval shall remain valid for six (6) months from the date of approval. If a final subdivision plat is not approved within six (6) months of the date of the preliminary approval, the preliminary plat shall be void, unless a onetime extension of six (6) months is requested by the developer and is granted by the City Council prior to the expiration date.
2. For multi-phased projects, final subdivision plat for at least one (1) phase must be approved within one (1) year of the preliminary subdivision plat approval. The preliminary subdivision plat for all phases for which a subdivision plat has not been finally approved will expire three (3) years from the date of the preliminary plat approval by the City Council, unless an extension of one (1) year is requested by the developer and is granted by the City Council prior to the expiration date or is included in a written development agreement. (Ord. 2017.07, 6-8-2017)