The preliminary plat approval stage involves the resubmission of the preliminary plat to address the STRC comments. Included in this stage is the review of the resubmitted plans and approval of the preliminary plat. The subdivider shall provide the Department with all information essential to determine the character and general acceptability of the proposed development.
A. Preliminary Plat Submission:
1. The applicant shall submit 20 full-sized, 24" x 36", blue or black line paper prints of the preliminary plat, one 8½" x 11" transparency, and one 8½" x 11" black line print. Preliminary plats that correctly contain all of the information requested or required by the STRC shall be filed with the Department not less than 24 days prior to the Commission meeting at which the plat will be considered. Incomplete or incorrect submittals could cause delays in a preliminary plat being presented to the Planning and Zoning Commission. (Note: The submittal requirements given herein pertain only to those plats of a conventional nature for which rezoning is not a condition of approval. Consult with the Department staff for complete submittal, time requirements and procedures for those subdivisions involving rezoning, Planned Unit Developments, Area Specific Plans, and other land use exceptions).
2. The submittal shall be checked by the Department for content. If incomplete the subdivider will be notified and given the opportunity to comply within five days. If compliance has not been met, the submittal is rejected.
3. Any preliminary plat pending at the time of the effective date of this ordinance shall be required to conform to the processing time limitations stated below. Pending preliminary plats that have been reviewed by the STRC shall be placed into the processing timeline by observing the effective date of this ordinance as the date of the STRC meeting, and shall be required to meet the processing timetables as any preliminary plat submitted after the effective date of this ordinance.
4. An applicant has 90 days from the date of the STRC meeting, or 90 days from the date of receipt of later redlines, in which to resubmit said plans. Failure to resubmit plans which address all of the STRC's comments, or subsequent redline comments, within 90 days of the STRC meeting or 90 days from the date of receipt of later redlines shall cause the application to be null and void.
5. The preliminary plat shall be presented to the Commission at the first regularly scheduled meeting held at least 21 days after the Town receives preliminary plat plans addressing all of the STRC's comments.
6. An applicant shall be required to submit a new preliminary plat application, including fees and another review of the subdivision by the STRC if the preliminary plat application, including any resubmitted versions, is not in substantial conformance from the original application. Substantial nonconformance is considered to be the following:
a. An increase in the number of lots or units.
b. A change in the size or configuration of the area proposed to be disturbed.
c. The realignment of any vehicular rights-of-way or utility facilities.
B. Preliminary Plat Review Responsibilities:
1. Zoning: The proposed plat shall be designed to meet the specific requirements of the zoning district within which it is located. However, in the event that rezoning is necessary for preliminary plat approval or if a Planned Unit Development approval is sought, such action shall be initiated concurrently with preliminary plat review by the property owner or his/her authorized agent. Any zoning change necessary for preliminary plat approval shall be effective prior to Town Council approval of the preliminary plat.
2. Sanitary Sewerage, Water Supply and Other Public and Utility Services: As a prerequisite of preliminary plat approval, the subdivider shall review tentative concepts with the County Health Department, the Town Engineering Department, the Chaparral City Water Company, the Fountain Hills Sanitary District, Salt River Project, U.S. West Communications, Cox Communications, Southwest Gas (if applicable) and the Fountain Hills Fire District for general approval of the preliminary design to be used.
3. Parks, Recreation and Open Space: The proposed plat shall be designed to provide the amount and type of parks and other public open space requirements for the area as determined by The Fountain Hills General Plan.
4. Grading, Drainage and Streets: The proposed plat shall be designed in conformance with the grading standards contained in this ordinance. Drainage plans must be approved by the Fountain Hills Engineering Department. The circulation patterns must be in conformance with The Fountain Hills General Plan Circulation Element.
C. Preliminary Plat Approval:
1. At least one public notice sign (or more than one sign at the discretion of the Community Development Director) shall be posted on the subject property according to the following regulations. The public notice sign(s) shall:
•Provide the time and location of the Planning and Zoning Commission's public meeting at which the Commission's recommendation to the Town Council is scheduled to be made.
•Provide the time and location of the Town Council's public meeting at which the preliminary plat is scheduled to be acted upon.
•Provide a general written and/or graphic description of the proposed preliminary plat.
•Include a clear language describing the administrative nature of the Town's review and possible approval of the proposed preliminary plat.
•Be posted at least 15 days prior to the Planning and Zoning Commission's first public meeting regarding the preliminary plat.
2. The Commission shall consider the preliminary plat and the Subdivision Technical Review Committee requirements and recommendations. If satisfied that all objectives and requirements of this Ordinance have been met, the Commission may recommend Town Council approval of the preliminary plat and make a notation of the Commission's recommendation for approval on the copy retained in the permanent Commission file.
3. If the plat is generally acceptable, but requires minor revisions before proceeding to the Town Council for preliminary plat approval, the Commission may recommend conditional approval and the required revisions will be noted in the minutes of the meeting.
4. If all of the objectives and requirements of this Ordinance have not been met, the Commission may recommend Town Council denial of the preliminary plat.
5. The Town Council shall consider the preliminary plat and the Subdivision Technical Committee and Planning and Zoning Commission requirements and recommendations. If satisfied that all objectives and requirements of this Ordinance have been met, the Town Council may approve the preliminary plat and make a notation of the Town Council's approval on the copy retained in the permanent Town Council file.
6. If the plat is generally acceptable, but requires minor revisions, the Town Council may conditionally approve the preliminary plat and the required revisions will be noted in the minutes of the meeting. At the direction of the Town Council, the plat may be approved subject to the revisions in accordance with the stated conditions.
7. If all of the objectives and requirements of this Ordinance have not been met, the Town Council may deny the preliminary plat.
D. Significance of Preliminary Plat Approval:
Preliminary plat approval constitutes authorization for the subdivider to proceed with the preparation of the final plat and improvement plans and specifications for public improvements. Preliminary plat approval is based on the following terms:
1. Subject to the basic approval. The basic conditions under which preliminary approval of the preliminary plat is granted will not be substantially changed prior to the expiration date.
2. One year approval with extension. Approval is valid for a period of one year from the date of Town Council approval. A request can be made for a single, one-year extension of the original preliminary plat approval. An extension of the preliminary plat approval may be granted by the Town Council upon receipt of a letter from the subdivider prior to the expiration date. Extensions are not automatically approved and are at the discretion of the Town Council.
3. No authority to record. Preliminary plat approval, in itself, does not constitute authorization to record the plat.