(A) Request for subdivision, as provided within this subchapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as outlined in § 152.12. This fee shall not be refunded. The application shall also be accompanied by ten copies of the preliminary plat and a listing of the property owner, and all property record within 350 feet of the property in question. The Zoning Administrator shall refer the application and preliminary plats to the City Planning Commission for consideration at least ten days before the next regular meeting.
(B) (1) The City Administrator, on behalf of the Planning Commission, shall set a date for a public hearing. Notice of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. The notice shall also be mailed not less than ten days to:
(a) All property owners of record, according to the county assessment records, within 350 feet of the property;
(b) The Commissioner of the State Department of Natural Resources if the proposed subdivision is located in part, or in total, within public water;
(c) The Commissioner of the State Department of Transportation and the County Engineer if the proposed plat abuts or includes a state trunk highway or a county state aid road, respectively; and
(d) All township boards of townships which a proposed subdivision abuts.
(2) A copy of the notice, and a list of the individuals and/or property owners and addresses to which the notices were sent, shall be attested to by the City Administrator and made part of the official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this division (B)(2) has been made.
(C) The Planning Commission shall consider the preliminary plat and hold a public hearing at its next regular meeting unless the filing date falls within 15 days of the meeting, in which case the preliminary plat would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Zoning Administrator shall refer the application, along with all related information, to the City Planning Commission for consideration. The applicant or representative thereof shall appear before the Planning Commission in order to answer questions concerning the preliminary plat.
(D) In considering the preliminary plat, the Planning Commission shall consider the following factors:
(1) Consistency with the design standards and other requirements of this subchapter;
(2) Consistency with the city’s Growth Management System;
(3) Consistency with other city ordinances;
(4) The physical characteristics of the site including, but not limited to, topography, erosion, and flooding potential, and soil limitations, and suitability for the type of development or use contemplated;
(5) The proposed development will not create a negative fiscal or environmental impact upon the city;
(6) The need for dedication of land or fee for public use; and
(7) The need for an environmental review pursuant to M.S. § 116D, as it may be amended from time to time.
(E) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the preliminary plat, or to retain expert testimony with the consent, and at the expense, of the applicant concerning the information to be declared necessary to establish compliance with all pertinent sections of this subchapter.
(F) Within 60 days from the date of the public hearing, the Planning Commission shall make a finding of fact, and recommend the actions or conditions relating to the City Council. In the case that additional information is requested from the applicant pursuant to division (E) above, the 60-day period will begin upon receipt of the information by the city.
(G) Upon receiving the report and recommendation of the Planning Commission, or until 60 days after the public hearing at which the preliminary plat was considered, the City Council shall place the report and recommendation on the agenda for the next regular meeting. The reports and recommendations shall be entered in, and made a part of, the permanent written record of the City Council meeting.
(H) (1) Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:
(a) Approve or disapprove the request as recommended by the Planning Commission;
(b) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. The modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
(c) Refer the recommendation back to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action.
(2) In all cases, the preliminary plat shall be approved or disapproved by the City Council within 120 days of the date of the preliminary plat application, unless an extension of the review period has been agreed to by the applicant.
(I) The Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof. The decision of the City Council regarding preliminary and final plat approval is final subject to judicial review. If a preliminary plat is disapproved, the same plat cannot be refiled for review within six months following the date of Council disapproval.
(J) Upon approval of the preliminary plat by the City Council, the subdivider shall submit the final plat to the Planning Commission within one year after the approval, or approval of the preliminary plat shall be considered void. Prior to the expiration of the preliminary plat approval, the Planning Commission may extend the approval for an additional year. The extension shall be in writing, specifically designating the expiration date. The extension shall not be subject to an additional fee, and only one extension may be granted per preliminary plat.
(Ord. 199, passed 2-7-2000)