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<br />That the design of the development justifies any exceptions to the standard requirements <br />of the Zoning Code. <br />The sufficiency of each phase of the planned development size, composition and <br />arrangement in order that its construction, marketing, and operation is feasible without <br />dependence upon any subsequent unit. <br />The burden or impact created by the planned development on parks, schools, streets, and <br />other public facilities and utilities. <br />The impact of the planned development on environmental quality and on the reasonable <br />enjoyment of surrounding property. <br />5. ection 26.17 of the City Code stipulates that action of the City Council on preliminary plat shall <br />e based upon a review and recommendations from the Planning Commission and a fmding that <br />e proposed development is fully consistent with the purpose and intent of Chapter 26. <br />6. ection 26.31 of the City Code provides additional regulations concerning preliminary plats and <br />pecifies the following requirements: <br />The Plarming Commission shall have the preliminary plat on its agenda at its next regular <br />meeting following referral. <br />The Planning Commission shall report to the City Council on or before the second <br />regular meeting of the Planning Commission following acceptance for filing unless a <br />delay is requested in writing by the applicant prior to action by the Planning Commission. <br />In such a case, the Planning Commission may grant or deny the request for delay as it <br />shall determine. <br />The City Council shall set a public hearing on the preliminary plat as soon as practicable <br />but within at least fifty days. The City Council shall conduct the hearing. <br />The City Council shall act on the preliminary plat within ninety days of the date on which <br />it was filed with formal request for approval. If the report of the Planning Commission <br />has not been received in time to meet this requirement, the City Council may act on the <br />preliminary plat without such a report. <br />e. If the preliminary plat is not approved, the reasons for this action shall be recorded in the <br />proceedings and transmitted to the applicant. <br />g. Should the applicant desire to amend the preliminary plat as approved, the applicant may <br />resubmit the amended plan which shall follow the same procedure except for the hearing <br />and fee unless the amendment is, in the opinion of the City Council, of such scope as to <br />constitute a new plat, then it shall be re.filed. <br />h. The approval of a preliminary plat by the City Council shall remain in effect for a period <br />of twelve months from the date of Council approval or eighteen months from the date of <br />last recorded final plat which is a part of this approved preliminary plat. <br />7, Section 26-33 of the City Code establishes the qualifications governing approval of a <br />preliminary plat, including: <br />a. The Planning Commission may return a conditional recommendation. The City Council <br />may require revisions as it deems necessary for the health, safety, general welfare, order <br />and convenience of the City. <br />b. The approval of a preliminary plat indicates that the subdivider may proceed toward <br />fulfilling the necessary steps for approval of the fmal plat in accordance with the terms of <br />approval. <br />c, No plat will be approved for a subdivision which covers an area subject to periodic <br />flooding or which contains extremely poor drainage facilities and which would make <br />adequate drainage of the streets and lots impossible. <br />8. Sections 8-330 of the Zoning Code allows the rewning of property within the city by City <br />Council initiative after a public hearing by the Plarming Commission and upon a 4/5ths vote of all <br />of the City Council in the same manner as specified in Section 8.320 (2). <br />9. Section 8.320 of the Zoning Code states that the Plarming Commission shall hold at least one <br />public hearing on any petition for rewning after published notice of the time and place at least ten <br />days before the hearing. The Planning Commission shall also cause a notice to be mailed to each <br />