Pursuant to M.S. § 15.99, an application for site plan approval shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:
(A) Filing of request. Request for site plan approval, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as set forth in the city fee schedule. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all specified information requirements. In cases where an application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within 10 days of the date of submission.
(B) Proof of ownership or authorization. The applicant shall supply proof of title and the legal description of the property for which the site plan approval is requested, consisting of an abstract of title and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested site plan application.
(C) Certificate of taxes paid. Prior to approving an application for a site plan review, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the site plan review application relates.
(D) Meeting with Zoning Administrator and/or staff. The applicant or a representative thereof shall meet with the Zoning Administrator and/or city staff in order to present information and answer questions concerning the proposed requests.
(E) Reviewing the request. Upon receipt of said application, the Zoning Administrator shall have the option of forwarding the application to the Planning Commission and City Council for review and approval or approve the request administratively. If the request is forwarded, the Planning Commission shall review the request at a regular scheduled meeting and report its findings and make recommendations to the City Council.
(F) Technical reports. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.
(G) Evaluation criteria. City staff and Planning Commission shall evaluate the proposed site and building plan based upon compliance with the Comprehensive Plan, provisions of this title, and other applicable titles of the City Code.
(H) Additional information. The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert assistance with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
(I) City Council review.
(1) Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety, and welfare.
(2) Subject to limitations of M.S. § 15.99, if, upon receiving said report and recommendations of the Planning Commission and city staff, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council may differ from that of the Planning Commission, the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
(J) Approval. The approval of a site plan application shall be determined by one of the following:
(1) If forwarded by the Zoning Administrator to the Planning Commission and City Council for review and approval, the site plan application shall require approval by a simple majority vote of the City Council.
(2) If reviewed by the Zoning Administrator the Zoning Administrator shall reach a decision on the request within 60 days after the site plan was officially submitted. In addition to other plan requirements outlined in this title, site plans will be required and shall be submitted to and approved by the city prior to the issuance of any building or administrative permit.
(K) The Zoning Administrator shall keep a record of applications and site plan approvals.
(Ord. 2011-06-07A, passed 6-7-2011)