(A) Complete application. Upon determination by the Director of Community Development that the applicant has submitted a complete application for tentative plat of subdivision approval, and after staff review and determination that said plat conforms to this chapter, other pertinent ordinances of the city, and the City Comprehensive Plan of 1998 as it may be amended from time to time, and with the general design and layout of similar areas of the city as required by the city’s Charter, such application shall be scheduled for Plan Commission review.
(B) Public notice. Public notice must be provided in accordance with the following requirements.
(1) Notice by the petitioner.
(a) Must be provided to all legal owners of property to a depth of three ownerships in all directions, but not to exceed 1,320 feet, from the perimeter of the property proposed for subdivision;
(b) Notice must be provided by certified mail, return receipt requested;
(c) For purposes of satisfying this notice requirement, notices sent to the names and addresses of the persons receiving tax bills as set for in the most recent real estate tax assessment records maintained by the County Treasurer for the nearby properties as described in division (B)(1)(a) above shall be deemed to be sufficient notice to the owners of such properties;
(d) The notice shall contain:
1. An explanation of the request; general location of the property by address or other identifiable characteristics;
2. A copy of the proposed tentative plat of subdivision and site plan;
3. The name of the petitioner, property owner and developer; and
4. The date, time and place of the public hearing; and notice that the full application may be examined at City Community Development Department, 800 Field Drive, Lake Forest.
(e) The petitioner must submit evidence of compliance with the above notice requirements by filing an affidavit of notice with the Community Development Department at least five days prior to the scheduled hearing. The affidavit shall include a listing of the names and addresses of property owners to whom notice was sent;
(f) The petitioner bears the sole responsibility for complying with the notification procedures; and
(g) Re-notification for petitions that are continued by the Plan Commission is not required unless specifically directed by the Commission as part of the motion to continue the petition.
(2) Notice by the city.
(a) Publication of a legal notice stating the date, time and place of the public hearing shall be made in a newspaper of general circulation at least 15 days prior to the public hearing. The publication shall include a description of the subdivision request. Republication for continued matters is not required unless specifically directed by the Commission as part of the motion to continue the petition.
(b) The agenda for the public hearing shall be posted at five public locations and on the city’s website at least seven days prior to the public hearing. Posting of the agenda in accordance with this provision is required for new and continued petitions.
(C) Plan Commission action on a tentative plat of subdivision.
(1) If the tentative plat is found to conform to the requirements of this chapter and other pertinent ordinances of the city, the Plan Commission shall recommend approval of the tentative plat to the City Council by a motion of the Commission. The tentative plat shall be delivered to the City Council, along with the findings in support of approval as determined by the Plan Commission.
(2) (a) If it is determined by the Commission that the tentative plat does not conform to the provisions of this chapter, other pertinent ordinances of the city and the City Comprehensive Plan of 1998 as it may be amended from time to time, or that the tentative plan does not conform with the general design and layout of similar areas of the city, as required by the City’s Charter, the Plan Commission may:
1. Continue the matter to allow the petitioner to revise the proposal and provide additional information; or
2. Recommend denial of the tentative plat to the City Council with supporting findings.
(b) Alternatively, the petitioner may withdraw the application.
(D) City Council action on a tentative plat of subdivision.
(1) Upon receipt of a recommendation from the Plan Commission regarding a tentative plat, the City Council shall consider the findings presented by the Plan Commission and assess whether the proposed tentative plat is in conformance with the requirements of this chapter and other pertinent ordinances.
(2) The Council may take action to:
(a) Approve the tentative plat;
(b) Remand the matter to the Plan Commission with direction for further modification and consideration; or
(c) Deny the application.
(3) If the application is denied, submittal of the application, in the same form, is precluded for a period of 12 months from the date of the denial.
(E) Duration and extension of approvals.
(1) (a) Tentative plat approval shall be valid for 12 months from the date of City Council approval.
(b) A final plat application, addressing all conditions and requirements of tentative plat approval, must be submitted to the Community Development Department in accordance with the requirements of § 156.028 within 12 months from the date of City Council approval of the tentative plat, or if extensions are specifically authorized by the City Council as provided herein, within 24 or 36 months.
(c) Failure to timely submit a final plat application will be deemed a withdrawal of the application and will result in the voiding of the tentative plat approval.
(d) Any further consideration of the proposed subdivision shall require a new application for tentative plat approval in conformance with the requirements of this chapter.
(2) Upon written request submitted to the Director of Community Development by the property owner, and upon determination by the City Council that there is good cause, the City Council may grant not more than two 12-month extensions of the tentative plat approval.
(Prior Code, § 38-17) (Ord. 1168, passed 4-7-1980; Ord. 1252, passed 10-5-1981; Ord. 2010-48, passed 11-1-2010)