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. Receipt Of New Information:
1. If new information or analysis of information never submitted as evidence is submitted, the city council will proceed as set forth in subsection A1a of this section.
a. If the city council determines public comments or other new information presented at the public hearing constitutes relevant new information or a substantial change in the design of the subdivision or an analysis of information regarding the subdivision application the public has not had a reasonable opportunity to examine and comment, the city council will determine whether the public comments or documents are relevant and credible with regard to the governing body's decision, pursuant to subsections A2 and A3 of this section.
b. If the city council determines the new information presented to the city council constitutes the information described in subsection A1a, the city council may approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the city council determines the new information is either irrelevant or not credible or the change to the design of the subdivision does not substantially impact the analysis of potentially significant adverse impacts; or
c. If the city council determines the new information is relevant and credible, then the city council must direct the planning department to schedule a subsequent public hearing for consideration of only the new information, including any substantial change to the design of the subdivision, for the purpose of considering its finding of fact and conclusions and any proposed conditions of approval in light of the new information.
2. New information or analysis of information is considered to be relevant if it may have an impact on the findings and conclusions the city council will rely upon in making its decision on the proposed subdivision.
3. New information or analysis of information is considered to be credible if it is based on one or more of the following:
a. Physical facts or evidence;
b. Corroborated personal observations;
c. Evidence provided by a person with professional competency in the subject matter; or
d. Scientific data.
4. If a subsequent public hearing before the planning board is held, as required by these regulations, it must be held within forty five (45) days of the city council's determination. Only the new information or analysis of information must be considered at the subsequent public hearing.
a. A public hearing must be held in accordance with the procedures outlined in these regulations.
b. The review period pursuant to subsection 12-3-4
D of this chapter is suspended as of the date of the city council's action. The review period resumes on the date of the city council's next scheduled public meeting for which proper notice for the public meeting on the subdivision application can be provided.
B. Revisions To The Preliminary Plat After Planning Board Hearing; Minor Changes Or Changes In Response To The Public Hearing: If the subdivider proposes mitigation measures reasonably designed to lessen impacts of the proposed subdivision or to address the recommendations from the planning board, the public, other agencies, or the planning department prior to city council consideration, the city council may determine such mitigation measures do not necessitate a subsequent hearing by the planning board.
1. Minor or insignificant amendments to the preliminary plat application proposed by the subdivider prior to city council consideration must be submitted to the planning director for a minor amendment determination.
C. Revisions To The Preliminary Plat After Planning Board Hearing; Major Changes: If, after the planning board public hearing, the subdivider decides to make significant amendments to address recommendations from the planning board, the public and other agencies or for other reasons the preliminary plat must be reconsidered by the planning board at another public hearing. Significant amendments to the preliminary plat include, but are not limited to, the following:
1. Increasing the number of lots;
2. Significant changes to the road systems or layout;
3. The elimination or reduction of park land, open space or common areas;
4. Significant changes to the location of buildings, access or parking;
5. Other items that significantly alter the plat, as determined by the planning director.
D. Significant Amendments To Preliminary Plat; Waiver; Public Hearing: Should the subdivider decide to make significant amendments to the preliminary plat, the planning department must be notified in writing within seven (7) working days of the public hearing. The letter must include a waiver to the required review time frames in subsection 12-3-4
D of this chapter. A second public hearing will be held by the planning board at the next available meeting date.
E. City Council Consideration: If no written request to amend the preliminary plat is received by the planning department within seven (7) working days of the planning board public hearing, the preliminary plat will be forwarded to the city council for consideration. (Ord. 09-23, 11-16-2009; amd. Ord. 21-15, 9-20-2021; Ord. 23-15, 8-21-2023)