§ 114-34. Conceptual plan (Step 2) procedure.

(a)

Preparation of the conceptual plan. On reaching conclusions informally, as outlined in section 114-32, regarding its general purposes and objectives, the developer will prepare a conceptual plan, together with supplementary material as specified in section 114-35.

(b)

Submission of the conceptual plan and application.

(1)

The developer shall submit fifteen copies of the conceptual plan to the city engineer. The city engineer will distribute plans to other city departments and notify the developer, in writing, within 30 days of any discrepancies or changes required in the conceptual plan.

(2)

The developer shall re-submit five copies of the revised conceptual plan to the city engineer at least 30 days prior to the planning and zoning commission meeting at which the conceptual plan is to be presented. Staff will review the revised plan and the city engineer will notify the developer of any additional questions or approval of the plan within 14 days of the submittal.

(3)

Fifteen copies of the final conceptual plan and any supplementary material specified shall be submitted to the city engineer seven days prior to the planning and zoning commission meeting at which the plan is to be presented. The city engineer, with a written application for approval or conditional approval, will present the conceptual plan to the planning and zoning commission.

(c)

Review by city departments. The city engineer shall be the agent for reporting in writing to the planning and zoning commission the recommendations, findings or reports of the appropriate city departments to which it refers the materials specified in subsection (b) of this section, together with an analysis of compliance or noncompliance with regulations applicable to the conceptual plan and required supplementary materials.

(d)

Review by planning and zoning commission. The planning and zoning commission will receive reports on and review the conceptual plan and required supplementary materials to determine compliance with applicable regulations. The developer, adjoining owners and other persons interested in or affected by the proposed subdivision shall have a right to be heard in person, by letter, or by agent or attorney before action is taken by the planning and zoning commission.

(e)

Action by planning and zoning commission. The planning and zoning commission may conditionally accept the conceptual plan and approve the required supplementary materials as presented, or with minor modifications, if found to be in compliance with this chapter, or may refuse to accept the conceptual plan and required supplementary materials when not found to be in compliance with, or readily capable of being revised to comply with, this chapter. If the commission refuses to accept the conceptual plan and supplementary materials, the commission shall state in writing the particular basis for the refusal, and a copy thereof shall be furnished the developer.

(f)

Preparation of developer's agreement. At this stage, the city engineer and appropriate city departments, shall, if conditional acceptance of the conceptual plan and supplementary materials has been granted by the planning and zoning commission, commence negotiating a developer's agreement, to be initially prepared by the developer and submitted to the city in Microsoft Word (or Word compatible) format, to include, without limitation, provisions for prosecuting the required construction and improvements to completion, and the developing of the subdivision in stages if the proposed subdivision is a large one and the commission finds that development in stages is consistent with the intent and purpose of this chapter. The developer's agreement shall be recorded in the public records no later than the recording of the final plat.

(g)

Action by city council. The action of the planning and zoning commission shall be noted and its recommendation shall be forwarded to the city council. At a regular meeting of the city council, the council shall act on the recommendation of the planning and zoning commission, accepting it, rejecting it or modifying it as may be necessary to comply with this chapter.

(h)

Notification of decision. The action of the city council shall be noted, referenced and attached to any conditions made. One copy shall be returned to the developer and the other retained in the office of the city engineer.

(i)

Effect of conditional approval. Conditional acceptance of the conceptual plan and approval of required supplementary materials shall not constitute acceptance of the final plat. Rather, it shall be deemed an expression of acceptance of the layout submitted on the conceptual plan as a guide to the preparation of the construction plans for required improvements, final plat and required supplementary materials.

(j)

PUD subdivision. In the case of a PUD subdivision, approval of the PUD Final Plan shall constitute the required approval under this section.

(Ord. No. 5450, § 6, 12-13-05)