Proposed developments or activities within the MRCCA shall be subject to the following review procedure:
A. Referral to Planning Commission: Except as otherwise provided in subsection 12-3-12.G (Minor Developments) of this chapter, the zoning administrator shall refer all critical area permits and site plans to the planning commission.
B. Planning Commission Notice and Hearing on Application and Site Plan: The planning commission shall hold a public hearing affording an opportunity for all parties interested to be heard. The City shall give not less than ten (10) nor more than thirty (30) days' notice of the time and place of the hearing. Notice of the hearing shall be published in the designated legal newspaper for the City, and shall contain a description of the land and the proposed use. At least ten (10) days before the hearing, the City shall mail a notice to the owner(s) of the property in question and to each of the property owners within three hundred fifty feet (350') of the outside boundaries of the land described in the site plan. Failure of the City to mail such notice or failure of the property owners to receive said notice shall not invalidate the proceedings.
Within sixty (60) days after the date the City receives a complete application , and unless the statutory review period as provided for under Minnesota Statute §15.99 is extended or waived by the applicant or the City as permitted by law, the planning commission shall conduct a hearing and forward a written report to the City Council stating its findings and recommendation.
C. City Council Consideration on Application and Site Plan. Within thirty (30) days after the receipt of the written report and recommendation of the planning commission, the City Council shall meet and give full consideration to the application, site plan, written report, and recommendation, without a public hearing.
If the planning commission fails to make a written report or recommendation to the City Council within sixty (60) days after the acceptance of the application and site plan, and unless the statutory review period has been expressly waived by the applicant as allowed under Minnesota Statute §15.99, the City shall set an additional public hearing before the City Council. The hearing must be held within thirty (30) days after the expiration of the sixty (60) day period. Failure to receive a written report and recommendation from the planning commission shall not invalidate the proceedings or action of the City Council.
The City shall give not less than ten (10) nor more than thirty (30) days mailed notice of the time and place of a hearing to the owner(s) of the property in question and to each of the property owners within three hundred fifty feet (350') of the outside boundaries of the land described in the site plan. Failure of the property owners to receive the notice shall not invalidate the proceedings.
After its consideration of an application and site plan, either with or without a public hearing, the City Council may take final action upon the application and site plan or may continue the hearing for further investigation and study. The City Council may also request further information from the applicant or from the planning commission.
D. Amendments. Any proposed amendment to this chapter may be referred to the planning commission for its consideration and recommendations. (Ord. 568, 9-23-2021)