§ 50-91. Preliminary plat approval.
(a)
All preliminary plat applications shall be reviewed by the community development department staff for completeness. A preliminary plat application shall be deemed to be complete if the application complies with all applicable city, county, state and federal regulations. If staff determines that an application is not complete, the applicant will be notified of any deficiencies and provided the opportunity to revise the plat to correct the identified deficiencies without the need for the filing of a new application. If staff determines that previously identified deficiencies remain in any corrected preliminary plat, staff may reject the application entirely or request that the applicant submit a new corrected preliminary plat.
(1)
For preliminary plats where any lot (other than common areas) within the development is less than three acres and, after staff determines that the application is complete, the community development director shall forward the application to the planning commission for public hearing, review, comment and recommendation. For preliminary plats where all lots (other than common areas) are greater than three acres and staff has determined that the application is complete and complies with the requirements of this chapter, the community development director shall approve the preliminary plat without requiring the review of the planning commission.
(2)
The planning commission shall conduct a public hearing and shall review the preliminary plat at its next available regularly scheduled meeting and shall provide comments and make recommendations regarding the plat to the community development director.
a.
Notification of planning commission meeting.
1.
The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the planning commission meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled planning commission meeting.
2.
The department shall give notice of the planning commission meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the planning commission meeting.
3.
The mailed notices shall contain the time, place, and purpose of the planning commission meeting, the location of the property, and description of the proposed subdivision. The posted sign shall include all of the items required in the mailed notice except the location of the property.
(3)
Upon receipt of the comments and recommendations of the planning commission with respect to the preliminary plat, the community development director shall implement the comments and recommendations of the planning commission by either approving the preliminary plat, denying the preliminary plat, or returning the preliminary plat to the applicant for revision consistent with the comments and recommendations of the planning commission.
(b)
Preliminary plat approval shall continue in effect for a period as follows or for as long as construction activity is continuous and at least 25 percent of the land area within the preliminary plat has received final plat approval, whichever is longer:
(1)
Two years for subdivisions of 50 lots or less.
(2)
Three years for subdivisions of more than 50, but less than 300 lots.
(3)
Four years for subdivisions of more than 300 lots.
Accordingly, if the preliminary plat approval expires, a new application must be submitted and shall be subject to the regulations in effect at the time of such submission.
( Ord. No. 17-04-314 , § 1, 4-24-2017; Ord. No. 18-10-381 , § 1, 10-8-2018)