(A) The preliminary plat or preliminary condominium plan approval constitutes formal approval of the concept and design of the subdivision. The Planning Commission review shall include a public hearing and may include a field review at its discretion. All reports of city staff, DNR, and road authorities shall be reviewed and included in the hearing record. Related variance requests, rezoning requests, and conditional use requests shall be heard concurrently with a subdivision request.
(B) The subdivider shall submit nine copies of the proposed plat or condominium plat to the Zoning Administrator 30 days prior to the normal Planning Commission meeting, pay the required fees, and request a public hearing.
(C) The Zoning Administrator shall notify all property owners within 350 feet, by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing, including sufficient legal property description in the advertisement. The Zoning Administrator shall distribute one copy to each Planning Commission member, if the proposal is adjacent to a county highway, one copy to the County Engineer, and if the plat is in shorelands, one copy to the DNR postmarked at least ten days before the public hearing for review and comment.
(D) The Zoning Administrator shall review the proposed plat or plan as to content standards, necessary variances from this chapter, necessary rezoning or necessary conditional use permits, and advise the subdivider and the Planning Commission of his or her findings.
(E) The subdivider shall make additional application for the necessary permits at least 30 days prior to the normal Planning Commission or Board of Adjustment meeting as applicable, if subdivider desires to have a concurrent public hearing for variance, conditional use, or rezoning.
(F) The Planning Commission shall hold the public hearing and may continue the hearing as it deems necessary to allow all factual input it deems necessary to allow a decision. Lack of submission of comments by outside agencies shall be construed to mean the agency has no objections.
(G) The Planning Commission shall recommend the approval, where applicable, of the preliminary plat or preliminary condominium plat to the Council within the required time frame, and the findings shall be sent to the subdivider. The Planning Commission shall consider the following in its decision:
(1) Is the property properly zoned?
(2) Does the proposal conform to the requirements of this chapter?
(3) Does the proposal conform to the requirements of the subdivision chapter?
(4) Have the concerns of the affected agencies been addressed?
(H) The City Council shall review the findings and recommendations of the Planning Commission at its next regular meeting and make the final determination.
(I) The City Council will hear any appeal within 30 days of the Planning Commission action and will re-notify anyone noticed for the public hearing. Said appeals will be filed with the City Clerk- Treasurer within 15 days of the decision.
(J) Failure of the subdivider to act after an approval of preliminary plat or preliminary condominium plat within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new public hearing.
(Ord. 2016-03, passed - -)