Publisher's Note: This Section has been AMENDED by new legislation (Ord. 24-02). The text of the amendment will be incorporated below when the ordinance is codified.
A. Preliminary Plat Administrative Review Process: Based on information and discussion at the preapplication conference, a minor subdivision may qualify for an administrative review if:
1. It is located in an area subject to and complies with zoning regulations;
2. It is connecting to City water and sewer;
3. All lots have existing legal and physical access; and
4. No subdivision variance is needed in order to comply with the Whitefish subdivision regulations. No subdivision variance may be requested or granted through this administrative approval process.
B. Action By The Planning Department: Upon receipt of a complete application for administrative preliminary plat and subsequent to a preapplication conference, the planning department will consider the administrative preliminary plat request based on the above criteria. If the above criteria are met and the application is complete according to 12-3-4
, the planning department must:
1. Notify in writing each property owner of record adjacent to the land included in the subdivision plat, excluding any rights of way, of the intent to subdivide at least fifteen (15) working days prior to the date of decision on the administrative preliminary plat request. The notice most include a site plan and city staff contact information. The notice most also include instructions for submitting public comments and a deadline for submitting such comments.
2. A notice must be posted by the planning department in a conspicuous place on the site at least fifteen (15) working days prior to the date of decision on the preliminary plat waiver request.
3. Written comments from adjacent property owners expressing concerns or objections, if any, must be specific stating the granting of the preliminary plat waiver would adversely or injuriously affect their personal and/or legal interests.
C. Planning Department Decision: Once the public noticing period is over, a written decision to the applicant must be prepared. This written decision must include:
1. Information regarding the appeal process for the denial or imposition of conditions;
2. Identification of regulations and statutes used in reaching the decision and how they apply to the decision;
3. The facts and conclusions the governing body relied upon in making its decision and reference the information that forms the basis of the decision;
4. If approved, a list of the conditions that apply to the preliminary plat approval;
5. If denied, reasoning for disapproval, evidence justifying the denial and information regarding the appeal process.
D. If a party identified in 76-3-625(3), MCA, objects to the planning director's decision to approve, conditionally approve or deny an administrative minor subdivision, the party may request in writing the planning director forward the application to the city council. The city council shall sustain the planning director's decision based on the record as a whole unless the decision was arbitrary, capricious or unlawful. The city council has fifteen (15) working days from the receipt of the request to review the decision and make a final determination.
E. Administrative Preliminary Plat And Final Plat Approval: When a preliminary plat has been reviewed administratively, the subdivider may proceed with completing the required conditions of approval for final plat submittal. Prior to final plat approval, the city council must adopt findings of fact based on the criteria outlined in this section. (Ord. 09-23, 11-16-2009; amd. Ord. 16-04, 2-16-2016; Ord. 21-15, 9-20-2021; Ord. 23-15, 8-21-2023)