A. Purpose.
1. The preliminary plat procedure is used to review an overall plan for a proposed subdivision to ensure compliance with this Code, the Comprehensive Plan, and the adequate provision of facilities and services to the City.
B. Applicability.
1. This Section shall apply to any request that meets one of the following criteria:
a. Major Preliminary Plat.
(1) Creates more than three (3) new lots or more than ten (10) new condominium units.
(2) Requires the dedication of right-of-way or construction of public improvements.
(3) Does not qualify as a minor preliminary plat in accordance with
§ 405.120(B)(1)(a).
2. Applications are subject to the common procedures identified in
Article II: Common Procedures unless otherwise modified in
§ 405.120(C). In the event of conflict between the common procedures contained in
Article II: Common Procedures and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C. Major Preliminary Plat Procedure.
1. Summary.
2. Preapplication Meetings.
3. Application Submission And Handling.
4. Staff Review And Action.
a. The Community Development Director shall review the application and prepare a staff report and recommendation to the Planning and Zoning Commission in accordance with
Section 405.050: Staff Review And Action.
5. Notice And Public Hearings.
6. Review And Decision-Making Bodies.
b. Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with
Section 405.070: Review And Decision-Making Bodies and the criteria listed in Subsection (C)(6)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with
Section 405.070: Review And Decision-Making Bodies.
c. Review Criteria. A major preliminary plat shall be reviewed according to the following:
(1) The preliminary plat is consistent with the Comprehensive Plan and any approved Master Plan that includes the property;
(2) The preliminary plat is consistent with the intent of the underlying zoning district and complies with applicable dimensional standards of the underlying zoning district;
(3) The preliminary plat complies with all applicable standards in this Code, including
Chapter 430: Subdivision and Improvement Standards, and
Title V Appendix A: Engineering and Plan Preparation Manual for Public Facilities;
(4) The preliminary plat provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities and services designed to minimize the amount of disturbance to sensitive areas and/or community assets;
(5) The preliminary plat provides evidence of public water and sewer system connections;
(6) The existing utilities and infrastructure, including but not limited to streets, water, sanitary and storm sewers, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the degree practicable;
(7) The preliminary plat identifies and adequately mitigates known natural hazard areas; and
(8) The preliminary plat proposes reasonable project phasing in terms of infrastructure capacity.
7. Post-Decision Actions And Limitations.
(1) Effect Of Approval.
(a) Approval of a major preliminary plat authorizes the applicant to submit applications for record plat (
Section 405.130: Record Plat) and improvement plan (
Section 405.180: Improvement Plan).
(b) No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the applicable City officials.
(2) Expiration Of Approval. An approved major preliminary plat shall expire two (2) years after the date of final approval unless:
i. Within one (1) year of recording the record plat for the first phase of the subdivision, an application for record plat must be approved for the next phase, continuing with each successive phase, until record plats have been approved and recorded for all the land subject to the original major preliminary plat.
ii. If the applicant fails to receive approval for a record plat for any phase of the development within the prescribed period, or within any extension granted pursuant to
Section 405.080: Post-Decision Actions And Limitations, the original major preliminary plat shall expire for that phase and for all other phases for which a record plat has not been approved or no longer remains in effect on the date of expiration.
iii. If an approved record plat expires in accordance with
Section 405.130: Record Plat, the major preliminary plat for that phase shall also expire, and all other phases for which a record plat has not been approved or is not pending approval, or has lapsed subsequent to approval, on the date of expiration.
