§ 20-69. Review process.

(a)

Zoning administrator review.

(1)

The zoning administrator shall receive and check for completeness of the preliminary plat as required in section 20-68(b). If complete and substantially in conformance with applicable municipal requirements, the zoning administrator shall place the proposal on the agenda of the next available regular commission meeting.

(2)

The zoning administrator shall transmit a copy of the preliminary plat to the city manager, city engineer, city attorney and the city planner for their technical review and recommendation. Staff review shall be based on the standards listed in article V of this chapter.

(b)

Planning commission review.

(1)

The commission shall conduct at least one public hearing for the purpose of receiving comment on the proposed plat. Notification of the public hearing shall be sent to the owners of land immediately adjoining the plat, ten to 15 days before the public hearing.

(2)

The commission shall have the power to agree with the applicant upon use, height, area, bulk requirements or restrictions governing buildings and premises within the subdivision, plat or site condominium, provided such requirements or restrictions do not authorize the violation of the current zoning ordinance. Such requirements or restrictions shall be stated upon the plat prior to its recording thereof, and shall have the same force of law and be enforceable in the same manner and with the same sanctions and penalties and subject to the same power of amendment or repeal as though set out as part of the zoning ordinance or map of the city.

(3)

Following the public hearing, the commission shall recommend to the council either approval, approval with conditions or denial of the preliminary plat within 30 days after submission to the planning commission if a preapplication review meeting was conducted or within 60 days after the submission to the planning commission if such meeting was not conducted. The commission shall state its reasons for such recommendation. The minutes containing the record of the public hearing and the commission's recommendation shall be forwarded to the council and to the applicant prior to the council's consideration of the plat. In the case of denial, the legislative body shall have the power to overrule such disapproval by a recorded vote of not less the two-thirds of its entire membership.

(4)

Failure by the commission to act within the 30 or 60, days as the case may be, on the request shall be deemed to have been an approval of the plat and a certificate to that effect shall be issued by the commission upon demand; provided, however, that the applicant may waive this requirement and consent to an extension of such period.

(c)

Council review.

(1)

The council shall not consider the preliminary plat until receiving the recommendations of the commission.

(2)

The council shall consider the preliminary plat at its next regularly scheduled meeting after receiving the recommendation of the commission.

(3)

The council shall either, approve, approve with conditions or deny the preliminary plat, stating its reasons in writing for such approval, approval with conditions, or denial. Such reasons shall be based upon the standards of article V of the chapter and shall be provided to the applicant.

(d)

Approval; expiration, extension and agency submission.

(1)

Preliminary plat approval by the council shall confer upon the applicant approval of the lot sizes, orientation and street layout of the proposed plat for a period of two years.

(2)

A preliminary plat approval may be extended by the city council if such extension is applied for, in writing, prior to the expiration of the preliminary plat approval period and is supported by reasonable evidence justifying the extension.

(3)

Following approval of the preliminary plat, the applicant shall submit copies of such preliminary plat for the approval of the local and state agencies and authorities noted in the land division act.

(4)

Construction activities such as brushing, timbering, grading, utilities, streets, curb and gutter and sidewalks that are in complete conformance with this Code may be started at this time with the proper permits.

(Prior Code, § 5.516; Ord. No. 98-09, 7-20-1998; Ord. No. 2000-01, 2-21-2000)