(A) Request for subdivision approval shall be filed with the Clerk on an official application form. The application shall be accompanied by a fee as outlined in § 151.15. This fee shall not be refunded. In the case of a subdivision involving a plat, the application shall also be accompanied by two standard plat sizes measuring 20 x 30, and two 11 x 17 copies, and digital file of the preliminary plat. The Clerk shall refer the application and any preliminary plats to the Planning Commission for consideration at least 15 days before the next regular meeting. The applicant for subdivision shall enter into a preliminary agreement with the city to pay all engineering, planning, legal and administrative costs incurred by the city in reviewing the preliminary plat and shall place a deposit with the city in a non-interest bearing account sufficient to pay all said costs prior to commencement of review by the city.
(B) (1) The Clerk, on behalf of the Planning Commission, shall set a date for a public hearing. Notice of the hearing shall be posted as provided by state law at least 10 days prior to the date of the hearing. The notice shall also be mailed not less than 10 days to:
(a) All property owners of record according to the county assessment records within 350 feet of the property;
(b) The Commissioner of the Minnesota Department of Natural Resources if the proposed subdivision is located in part or in total within 1,000 feet of the Sunrise Pools and Unnamed Lake or within 300 feet of the Sunrise River;
(c) The Commissioner of the Minnesota Department of Transportation and the Chicago County Engineer if the proposed plat abuts or includes a state trunk highway or a county state aid road, respectively;
(d) The local gas and power utility companies having jurisdiction.
(2) A copy of the notice and a list of the individuals and/or property owners and addresses to which the notices were sent shall be attested to by the Clerk and made a part of the official record. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.
(C) The Planning Commission shall consider the subdivision and hold a public hearing at its next regular meeting unless the filing date falls within 15 days of said meeting, in which case the subdivision would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Clerk shall refer said application, along with all related information, to the Planning Commission for consideration. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the subdivision.
(D) In considering a proposed subdivision, the Planning Commission shall consider the following factors:
(1) Consistency with the design standards and other requirements of this chapter;
(2) Consistency with the city's growth management system or other development plans;
(3) Consistency with the zoning regulations;
(4) The physical characteristics of the site, including, but not limited to topography, erosion, and flooding potential, and soil limitations, are suitable for the type of development or use contemplated;
(5) The proposed development will not create a negative fiscal or environmental impact upon the city.
(E) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the subdivision or to retain expert testimony with the consent and at the expense of the applicant concerning said information to be declared necessary to establish compliance with all pertinent sections of this chapter.
(F) Within 60 days from the date of the public hearing, the Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the subdivision or preliminary plat to the Council.
(G) Upon receiving the report and recommendation of the Planning Commission, and within 60 days after the public hearing at which the preliminary plat or subdivision was considered, the Council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the Council meeting.
(H) (1) Upon receiving the report and recommendation of the Planning Commission, the Council shall either:
(a) Approve or disapprove the request as recommended by the Planning Commission; or
(b) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions which shall be in writing and made part of the Council's records; or
(c) Refer the recommendation back to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action.
(2) The Clerk shall notify the applicant of the Council's action and reasons thereof. In the case of a subdivision not involving platting, the Council's action is final.
(I) Upon approval of a subdivision requiring a preliminary plat by the Council, the subdivider shall submit the final plat to the Planning Commission within 1 year after said approval or approval of the preliminary plat shall be considered void. Prior to the expiration of the preliminary plat approval, the Planning Commission may extend the approval for an additional year. The extension shall be in writing specifically designating the expiration date. The extension shall not be subject to an additional fee, and only 1 extension may be granted per preliminary plat.
(Prior Code, § 1001.03) (Am. Ord. 2001-6-1, passed - -2001; Am. Ord. 2022-5-5, passed 5-10-2022)