§ 65.432. The Preliminary Review Process for Major Plat Applications.

The review process is provided to establish the location, style, and type of essential infrastructure (i.e. roads, stormwater facilities, utilities, open space, etc.) required to serve each proposed lot. Such infrastructure may include off-site infrastructure improvements. Any construction drawings submitted shall conform to the proposed preliminary subdivision. Construction drawings may be modified or adjusted during this review process to conform to the preliminary subdivision approval. The review process shall include the following procedure:

(A)

Staff Recommendations. Upon acceptance of the application, copies of the Preliminary Subdivision shall be forwarded to the appropriate members of City staff for review and comment with regard to compliance with applicable State and City laws, rules, and regulations. The Planning Official shall, if practicable, make reasonable efforts to notify applicant of any and all staff recommendations prior to any Board or City Council meetings at which said recommendations are reviewed.

(B)

Request for Additional Information (if necessary). If revisions or additional information are needed, the Planning Official, or his or her designee, shall notify the applicant, specifying the revisions or information needed.

(C)

Conditions. Approval of the Preliminary Subdivision may include any conditions necessary to achieve compliance with the Land Development Code, including, but not limited to the following:

(1)

Designate the size, number, location or nature of vehicle and pedestrian access points in accordance with Chapter 61, Parts 1 and 2;

(2)

Require the dedication of additional street right-of-way or any easements necessary to meet the standards of and in accordance with Chapter 61, Part 2G;

(3)

Require installation of public improvements; and

(4)

Require dedication of land or a payment in lieu thereof for public improvements.

(D)

Phased Development. Where property will be developed in phases, the Preliminary Subdivision must show the entire property in addition to the site that is being proposed for immediate development, and include, but not exclusively, access connections, conceptual traffic circulation patterns consistent with street connectivity requirements, and utility connections for that portion of the property not being proposed for immediate development, and other conditions necessary to achieve compliance with the City Code.

(E)

City Council Review. Preliminary Subdivisions that do not require the submittal of a Master Plan, or that are not part of a Planned Development Ordinance or a Conditional Use Permit application that contains information similar to that of a Master Plan shall be presented to City Council for preliminary subdivision approval after the applicant receives a staff recommendation.

(F)

Failure to Proceed. Any plat application shall be deemed abandoned if the applicant fails to provide any revisions or additional information requested under subsection (B) within six months of the date of the request.

(G)

Appeals. The conditions imposed may be appealed by filing a written Notice of Administrative Appeal with the Planning Official within ten (10) days of the decision. The Planning Official shall, within thirty (30) days of receipt of the Notice, provide a written determination to the applicant via first class U.S. mail regarding whether the decision was undertaken in accordance with City Code, City Policies and Procedures, and other applicable law. The applicant may appeal the Planning Official's determination to the City's Chief Administrative Officer (CAO), or his designee, by filing a written request with the CAO within thirty (30) days of the issuance of the Planning Official's determination. The CAO, or his designee, shall, within thirty (30) days of the receipt of the request, provide a written determination to the applicant via first class U.S. mail regarding whether the subject ministerial action was undertaken in accordance with City Code, City Policies and Procedures, and other applicable law. The CAO's determination shall be considered final agency action.

(Ord. of 10-29-2001, § 2, Doc. #011029703; Ord. No. 2010-31, § 3, 8-30-2010, Doc. #1008301109)