(A) City Council materials.
(1) The Administrator shall forward the application, staff report, agency comments, subdivider’s preference for mitigation, public comments and the Planning Board materials to the City Council.
(2) Any comments and documents regarding the subdivision application that are received prior to the City Council meeting shall be submitted to the Administrator. The Administrator shall forward the comments and documents to the City Council and the subdivider prior to the public hearing/meeting.
(B) New information after the Planning Board hearing.
(1) Purpose. Only applicable to major subdivisions, this subchapter explains what to do if new information is submitted after the Planning Board has held its public hearing, but prior to the City Council meeting.
(2) Handling new information.
(a) If new and additional information is presented following the Planning Board’s public hearing regarding the proposed major subdivision, the Administrator shall review the new information according to the following: any new information or analysis of information that was presented at the Planning Board hearing on the subdivision application that the public has had a reasonable opportunity to examine, and on which the public has had a reasonable opportunity to comment, shall be forwarded to the City County to proceed with the decision whether to approve, conditionally approve or deny the proposed subdivision.
(b) If new information or analysis of information has never been submitted as evidence or considered by the Planning Board at a hearing on the subdivision application. The City Council shall then:
1. Approve, conditionally approve or deny the proposed subdivision without basing its decision on the new information if the City Council determines that the information is either not relevant or not credible; or
2. Direct the Planning Board to schedule a subsequent public hearing for consideration of only the new information that may have an impact on the findings and conclusions that the City Council will rely upon in making its decision on the proposed subdivision.
(c) In addition to divisions (B)(2)(b)1. and (B)(2)(b)2. above, if the new information has been submitted by the applicant, the new information shall be reviewed according to § 11.02.050.050 to determine if it is a material change.
(3) Subsequent public hearing. If a subsequent public hearing is required, the review period (60 working days for subdivisions with less than 50 lots and 80 working days for 50 or more lots) is suspended. The new hearing shall be noticed per requirements of § 11.02.030.080 and held within 45 days of the governing body’s determination to schedule a new hearing. If a subsequent public hearing is determined to be required, the following shall occur.
(a) The Administrator shall provide to the Planning Board a compilation of the new information, an addendum to the staff report that addresses only the new information, and any recommended changes to the Planning Board’s previous recommendation and findings of fact resulting from the new information.
(b) The Planning Board shall hold a public hearing as described in § 11.02.030.090, regarding only the new information. Within ten working days after the Planning Board’s public hearing, the Planning Board shall submit in writing to the subdivider and the City Council any changes to the following information previously submitted:
1. Changes to recommendation for approval, conditional approval (including any recommended conditions and/or mitigation measures) or denial of the subdivision application and preliminary plat;
2. Changes to recommended findings of fact based on review of the submittal requirements and analysis of the impacts in the review criteria (see §§ 11.02.030.010 through 11.02.030.110 and §§ 11.02.050.005 through 11.02.050.060);
3. Changes to recommendation for approval or denial of any requested variances (based on review criteria for variances in § 11.02.050.030), including any proposed conditions for approval, and a statement describing the facts and conditions upon which the approval, conditional approval or denial of the variance is based;
4. Changes to the recommended time period of the preliminary plat approval of not less than one calendar year or more than three calendar years, and any recommendation regarding extensions;
5. Changes to the summary of public comments received at the subsequent public hearing, including any public comments regarding water and sanitation information; and
6. Staff report as submitted to the Planning Board.
(Prior Code, § 11.02.030.100) (Ord. 151, passed 6-20-2016)