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'DISCUk~SiI~iN OF PLATTING HILLS 9~B 010)).t~ By: City akkground: PROCEDURES RELATING TO 2ND ADDITION P.U.D. Engineer Steven Jankowski CASE #3 FLINTWOOD Recently I (Sylvia Frolik) was approached by Art Raudio with a request to plat Outlots M and N of Flintwood Hills;12nd Addition P.U.D. In accordance with our Subdivision Ordnance I informed Mr. Raudio that ihe procedure to platting unplatted land is to submit a subdivision application to the City along with i. he required escrow deposit. The proposed subdivision is then processed through sketch plan, preliminary plat including public hearing and final plat approval. Mr. Raudio contended that the proposed subdivision of Outlots M and N received preliminary plat approval in 1984 under Flirt!wood Hills 2nd Addition P.U.D. and therefore should proceed right to the final plat stage. I confirmed that the subdivision plan for Outlots M and N did receive preliminary plat approval but W~hen the developers recorded the 2nd Addition, it did not show M and N being subdivided, but rather designated that particular area as an outlot. Therefore, I concluded that it was unplatted land that should follow subdivision procedures from the point of application. Mr. Raudio asked tt~at I i~esearch the Flintwood Hills 2nd Addition case file further. I found that the final plat approval of Flintwood Hills 2nd Addition P.U.D. encompassed the total area and indicated that the P;U.D. would be a 2-phased development. However, when the developers recorded the ritual plat it only included an area they intended to develop immediately and the remainder of th",e area was designated as outtots. Subsequently, future phases of 2nd Addition P.U.D. were pt~ttted and developed as Fhntwood H~Ils 3rd and 4th Addmons and those plats received final plfi. t apProval based on the preliminary plat approval granted in 1984. All of this led to~lmyself and Steve Jankowski researching whether or not the proper procedure had been followed in. the past as Flintwood Hills 3rd and 4th were phases of of Flintwood Hills 2nd Addition, but final p!at approval to 3rd and 4th was granted years after preliminary plat approval· City Ordinance i~ effect at the time the Flintwood Hills P U D was platted states that the developer must file for fin~l plat approval within 6 months of the preliminary plat approval. The text that follows summarizes the research of subdivision ordinances. Wording of Sub;tivi$ion Ordinance Regarding Procedure. : ~ major memeni or uncertainty stems from the fact that the wording of the subdivision ordinances ! states that final plat approval must be preceded by preliminary plat approval. Preliminary plat I approval on the plat in question had been obtained over six years ago. Until Fall of 1990, the City ! Ordinance reqUii'ed the final plat to be filed within six months of preliminary plat approval. The I wording of the O, rdinance was amended to extend the recording period to one year. However, a strict literal interpretation of either of these ordinances leaves doubt as to what the appropriate procedure is in this particular situation. For example, the original ordinance read as follows: '[ ('~ ~x, Within six months fOllowing approval of the preliminary plat, unless an extension of time is requested in . Y,~Y writing by the :§ubdivider and granted by the City Council, the subdivider shall file six copies of the final ". '~/plat, together With any necessary supplementary information, with the Zoning Officer The final plat · ~: . shall ~ncorporate al.~ changes required by the City Council. If a final plat covering all or a portion of the i preliminary pl~t is not filed within six months following approval of the preliminary plat, the a~,~,al of , the prclirninar); plat Shall be considered void· _ l ~} .I [~ ~~ __~ ~ 1{ ~ ~l( [~T l/ ould this meari if a portion of a preliminary plat is final platted (as was the case with Flintwood i H~lls 2nd Add,ti/on) then ~s the remainder of prehmmarv plat valid forever? Similarly, the new [ wordine also is SDmewhat ambiauous in this case: Following approval of the preliminary plat by the Council, the Zoning Officer shall promptly notify thc subdivider of sh~d approval and furmsh him with a certified copy of the resolution approving preliminary