08-13-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 15 governmental agencies shall be entered in the record. At the discretion of the planning commission, 587 the public hearing may be closed or may be held open for additional information. 588 (c) Planning commission recommendations. After the planning commission has reviewed the preliminary 589 plat and the testimony and exhibits submitted at the public hearing, including citizen comments and 590 the recommendations of the city staff and other governmental agencies, the subdivider shall be advised 591 of any required changes and/or additions. The planning commission shall recommend approval, 592 conditionally approve or deny the preliminary plat. If the planning commission fails to act within the 593 100-day period, the City Administrator or designee shall refer the application to the council for action 594 within 120 days of the date of certification. 595 Sec. 82-115. - Council review of the preliminary plat. 596 (a) Required. The council shall review all preliminary plat applications. Particular attention will be given 597 to the record developed by the planning commission’s study of the proposal and to the 598 recommendations of the planning commission and the city staff. 599 (b) Council action. The council should approve, conditionally approve or disapprove the preliminary plat 600 within 120 days following the date of certification by the City Administrator or designee of the 601 completed application unless an extension of the review period has been agreed to by the subdivider 602 in writing. 603 (c) Recommendations to the subdivider. The action of the council shall be in the form of a resolution 604 setting forth the conditions of approval, including any changes, additions and/or other requirements to 605 be met by the subdivider prior to final plat approval. In addition to the specific conditions stated, the 606 subdivider must fulfill all other requirements and performance standards of this Code. 607 (d) Failure to act by the city. If the city or the responsible agency of the city fails to preliminarily approve 608 or disapprove an application within the review period, the application shall be deemed preliminarily 609 approved; and upon demand the city shall execute a certificate to that effect. Following preliminary 610 approval the applicant may request final approval by the city, and upon such request the city shall 611 certify final approval within 60 days if the applicant has complied with all conditions and requirements 612 of applicable regulations and all conditions and requirements upon which the preliminary approval is 613 expressly conditioned either through performance or the execution of appropriate agreements assuring 614 performance. If the city fails to certify final approval as so required, and if the applicant has complied 615 with all conditions and requirements, the application shall be deemed finally approved; and upon 616 demand the city shall execute a certificate to that effect. After final approval, a plat may be filed or 617 recorded. 618 (c) Grading of site prior to final approval. Subsequent to preliminary plat approval by the council, the 619 subdivider may apply for a land alteration permit from the city and upon receipt of such permit may 620 commence construction to the grades and elevations required by plans approved by the city. 621 Sec. 82-117. - Effective period of preliminary plat review. 622 Council resolution concerning any preliminary plat shall remain effective for one year. Failure to file 623 a complete final plat application within this time period shall be construed as formal withdrawal of the 624 proposed plat. 625 Secs. 82-118—82-140. - Reserved. 626 627 DIVISION 3. - FINAL PLATS 628 629 Sec. 82-141. - Generally. 630 (a) Purpose. Final plat review is the final stage of the plat review process. The legal documents, including 631 plat drawings, are reviewed for completeness and conformity with the intent and requirements of the 632 preliminary plat approval. 633