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plat. With~nlione ii) year following approval of the preliminary plat, the subdivider shall file six (6) copies of the final ~lat With the Zoning Officer. Thereafter, the Council may extend thc period upon written applicatiorl I~, th~ subdivider and subject to all applicable performance conditions and requirements, or the Council maya[require submission of a new application unless the Council finds that substantial activity and investment ~s o~curred in reasonable reliance on the approved application and the subdivider will suffer substantial: f~anc[al damage as a consequence of a requirement to submit a new application The final plat shall incorp0i'ate ~ill changes required by the City Council. This says the ~ouncil may extend preliminary plat upon written application. But Ordinance does note state whet~ such written application may be made. Must the written application be made prior to preliminary [alat expkation, or can it be maAe~t~anyti-me? .......................... ~-~ It is Staffs op~iVt-h~at the Planning and Zoning Commission should determine the intent of the -',4ime limitatiO~ for final platting. To assist the Commission in deciding this issue, the following exceg'pt'ffom. 5a~J~.n~ing text is offered: / /'>;.,~ Most regulations require final plans to be submitted and approved ~ithin a certain time (often a ),ear or ~/~ / '"itwo) after thc preliminary plat is approved. Approval of the preliminar) plat generally implies approval of ~'i~ ~a final plat c~nfo~ming substantially to the preliminary version, even if subdivision and zoning standards '-',¢,} change during the mtervemng period. In a large, muluphased development, however, the final plats for [,,] some of the;~[lattet phases of the development may be submitted some years after the approval of the i preliminary p.'lat Or master plan. An alternative is for the board to approve a flexible staging plan at the time the prel!min~y plat is submitted that allows final plats to be submitted over a much longer period. Approval ofl~a staging plan also links the recording of final plats to the installation of the improvements ".. necessary to:'tserv~ the development phases. For this reason alone, approval of staging plans for larger 'subdivisions~anb~ebighlydesirable. - ..~O. j4C,} ~,~ ~ (-,v.~ Keqmreo r'ugn,c moanng ~gunng Frenrmnarv Fiat Kevlew ,~.~, Of all requiremrents for preliminary plat approval, one of the most significant a~n~ time consuming is a required Pdblicihearing. In researching the rationale for having public hearings on subdivision plats, we offer the following excerpt from the planning text: AlthoUg~ some jurisdictions have delegated plat approval authority to staff, typically the preliminary plat is appf~o~ed bY the planning or governing board. State law and local regulations in a number of states require the:pi,at approving board to hold a public hearing on the application before granting approval. In a few states (e~g., California and New Jersey) the board holding such a hearing functions in a quasi-judicial capacity, which requires it to hear evidence and make formal findings of fact; in man5, other jurisdictions the purpose of tt~e pui~lic hearing is less clear. The risk of public hearings is that the planning or governing board will: b~ tempted to base its decision on political factors extraneous to the regulations, thereby exceeding It ~. owe[, and that the public will develop false expectations about the board's power to deny plat approval. Staff Review; C~osts Although staff!review at this point should be relatively minor, final plat review procedure will involve some ~moUnt of staff time. Under the platting procedure outlined in the ordinances, the cos~ of such fl0e i~ normally provided for by the developer's escrow deposit made at the time of sketch plan ap~lica~tion. The escrow deposit for this preliminary subdivision plat no longer exist. Will review time in:this instance be charged to the taxpayers? Review CheCkliSt: City Administr:'.tor: Zoning Adminf;trat0r PZ:2-5-91 City Engineer 1'7