88-520-03 - PRELIMINARY DEVELOPMENT PLANS
At the option of the applicant, the preliminary development plan may serve also as the preliminary subdivision plat if such intention is declared before the city plan commission's hearing and if the plans include all information required for preliminary plats and preliminary development plans.
88-520-03-A. PREAPPLICATION CONSULTATION
A preapplication consultation is required prior to the filing of an MPD preliminary development plan application, in accordance with 88-505-02.
88-520-03-B. APPLICATION FILING
An application to establish the MPD district must be accompanied by a preliminary development plan that includes information as required by the city planning and development department staff. The application must be filed with appropriate personnel in the city planning and development department.
88-520-03-C. PLAN AMENDMENT
Requests to amend an approved plan must be processed as a zoning map amendment in accordance with 88-515, except that the city planning and development director is authorized to approve minor amendments to a preliminary development plan in accordance with the administrative adjustment procedures of 88-570 (see specifically 88-570-02-H).
88-520-03-D. REVIEW AND REPORT—DEVELOPMENT REVIEW COMMITTEE
The development review committee must review the proposed preliminary development plan in light of the MPD district provisions of 88-280 and the review criteria of 88-520-03-F. The city planning and development director must prepare a report and recommendation for the city plan commission based on the development review committee's review.
88-520-03-E. HEARING AND RECOMMENDATION—CITY PLAN COMMISSION
The city plan commission must hold a public hearing on the proposed MPD zoning map amendment and the preliminary development plan. Following the close of the hearing, the city plan commission must act by simple majority vote to recommend that the proposed MPD zoning map amendment and preliminary development plan be approved, approved with modifications, or denied. If the city plan commission does not act on a proposed MPD zoning map amendment and preliminary development plan within 60 days of the date of the public hearing, the proposed amendment must be forwarded to the city council with no recommendation.
88-520-03-F. HEARING AND FINAL ACTION—CITY COUNCIL
1. After action by the city plan commission, the city council may convene its own public hearing on the proposed MPD zoning map amendment and preliminary development plan.
2. Following the close of the public hearing, the city council may act to approve the proposed MPD zoning map amendment and preliminary development plan, approve the proposed MPD zoning map amendment and preliminary development plan with modifications, or deny the proposed MPD zoning map amendment and preliminary development plan. The city council may also return the application to the city plan commission for further consideration, together with a written explanation of the reasons for doing so.
3. The city council may act by a simple majority vote, except that when a valid protest petition has been submitted in accordance with 88-515-09 approval or approval with modifications requires a 2/3 majority vote of the full membership of the city council.
88-520-03-G. REVIEW CRITERIA
In reviewing and making decisions on proposed MPD rezonings and preliminary development plans, review and decision-making bodies must consider at least the following factors:
1. the preliminary development plan's consistency with any adopted land use plans for the area;
2. the preliminary development plan's consistency with the MPD district provisions of 88-280; and
3. the sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the MPD in the case of a plan that proposes development over a long period of time.
88-520-03-H. LAPSE OF APPROVAL
If the landowner fails to file an application or applications for final development plan approval within 4 years of the date of preliminary development plan approval, the approval will be deemed to have lapsed and the preliminary development plan will lapse and be of no further effect. The plan will not be deemed lapsed, however, if a phasing plan was approved with the development plan and if development is in compliance with that phasing plan. For projects to be developed in phases, phase limits must be shown on the preliminary development plan. Decision-making bodies may impose conditions upon the phasing plan as deemed necessary to ensure the orderly development of the subdivision, including requirements for financial guarantees ensuring construction of all required improvements. Upon recommendation by the City Plan Commission, the City Council shall have authority to adjust the commencement and completion dates through passage of an ordinance.
(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 150313, § A, 4-30-2015; Ord. No. 151013, § A, 12-10-2015; Ord. No. 190461, § 1, 7-11-2019; Ord. No. 250327, § 4, 5-1-2025)
