A. Within 45 days of the receipt of a complete application and support materials, the Zoning Administrator shall provide a written staff report to the Town Planning and Zoning Board and Town Council that confirms the completeness of the subdivision application, the receipt of required filing fees, and potential changes in zoning. Based upon comments received from agencies and other municipal representatives, this report shall concurrently evaluate the following:
1. Consistency of the proposed subdivision with the Town Municipal Master Plan;
2. Consistency of the proposed subdivision with subdivision development standards and design criteria outlined in Appendix D of Title 11;
3. Compatibility and potential impacts of the proposed subdivision and related zone change upon adjoining land uses;
4. Suitability of the subject and adjacent properties to existing zoning;
5. Potential impacts of the proposed subdivision upon the Town, e.g., municipal roads, water system, wastewater system, storm water management, and other public services; and,
6. When applicable, potential land use management issues that may arise with the establishment of planned covenants, contracts or deed restrictions via common-interest development.
7. The staff report shall also recommend approval of the subdivision as proposed, approval with some possible modifications to the preliminary plat, or provide rationale for denial of the preliminary plat and, when applicable, the related re-zoning request.
B. The Town Clerk shall notify, in writing, all landowners of properties that are located within 300 feet of the proposed major subdivision. This notice will generally advise landowners of the proposed subdivision, the time and place of public hearings before the Planning and Zoning Board and Town Council, and the date when any written comments from the general public are to be received.
C. Upon receiving the staff report from the Zoning Administrator, a public hearing shall be required at the next regular meeting of the Planning and Zoning Board, or a special meeting shall be scheduled. The time and place of the hearing shall be advertised twice, at least, in advance of the hearing in two or more of the following local newspaper, town website, town social media account, or public buildings within the town. During the public hearing, the applicant will provide a brief overview of the proposed subdivision and, when applicable, the related re-zoning request. Subsequently, the Town Planning and Zoning Board will receive public comments concerning the proposed subdivision.
D. Based upon its evaluation of the master plan, preliminary plat, review comments from municipal representatives, the staff report, and public comments, the Town Planning and Zoning Board will discuss the merits, disadvantages, and potential issues associated with the proposed subdivision and, when applicable, the related re-zoning request. In the event that further information is desired by the Planning and Zoning Board, any decision of the Planning and Zoning Board may be tabled, for not to exceed 30 days, until members of the Planning and Zoning Board have had sufficient opportunity to review and evaluate any new information.
E. The Town Planning and Zoning Board shall recommend approval, approval with conditions or modifications, or denial of the proposed subdivision to the Town Council. The decision to approve or deny the preliminary subdivision plat and any related re-zoning request shall be concurrent.
F. The Town Council shall review and discuss comments from various municipal representatives, the recommendations of the Zoning Administrator, and the recommendations of the Planning and Zoning Board. Subsequently, the Town Council shall approve, approve with conditions or modifications, or deny the preliminary subdivision plat and, when applicable, the proposed re-zoning request. In the event that further information is desired by the Town Council, any decision of the Town Council may be tabled until members of the Town Council have had sufficient opportunity to review and evaluate any new information.
G. The Zoning Administrator shall issue a written notice of determination to the applicant within five (5) business days of the decision of the Town Council. The notice will indicate the decision made and, when appropriate, conditions that may accompany the approval of the preliminary subdivision plat and, when applicable, related re-zoning request, or reasons why the plat and re-zoning requests were denied.
(Ord. 373, - -2022)