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09-14-2020 Council Packet
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09-14-2020 Council Packet
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July 20, 2020 page 20 <br />municipalities. The zoning administrator may request no official action be taken by these jurisdictions 805 <br />until after the council action on the preliminary subdivision application. 806 <br />(g) Public notice signs. In class II and III subdivisions, the subdivider, pursuant to the direction of the 807 <br />zoning administrator, shall place public notice signs on the property visible from each street or closest 808 <br />public roadway announcing the subdivision proposal. The subdivider shall place a cash deposit with 809 <br />the city for the use of the public notice signs, such deposit to be escrowed by the city. The cash deposit 810 <br />shall not be refunded if the signs are lost or damaged. The subdivider shall place the signs on the 811 <br />property at least ten days prior to the scheduled planning commission public hearing and shall maintain 812 <br />them on the property until the council passes on the preliminary plat. 813 <br />Sec. 82-114. - Planning commission review of the preliminary subdivisionplat. 814 <br />(a) Generally. The planning commission shall study and review all preliminary subdivisionplat 815 <br />applications. Particular attention will be given to the location, arrangement and size of lots and blocks; 816 <br />the location, width, length and continuity of streets; the topography and ecology of the land; sewage 817 <br />disposal; traffic; drainage; public services; the further development of adjoining lands as yet 818 <br />unsubdivided; the requirements of chapter 78 and comprehensive municipal planCommunity 819 <br />Management Plan; and the recommendations of the city staff and other governmental agencies. 820 <br />(b) Planning commission public hearing. At the advertised time and place, the planning commission shall 821 <br />hold a public hearing as required by Minn. Stat. § 462.358. The planning commission may require that 822 <br />comments from the public be in written form. The recommendations of city staff and governmental 823 <br />agencies shall be entered in the minutes of this public hearingrecord. At the discretion of the planning 824 <br />commission, the public hearing may be closed or may be held open for additional information. 825 <br />(c) Planning commission recommendations. After the planning commission has reviewed the preliminary 826 <br />subdivision plat and the testimony and exhibits submitted at the public hearing, including citizen 827 <br />comments and the recommendations of the city staff and other governmental agencies, the subdivider 828 <br />shall be advised of any required changes and/or additions. The planning commission shall recommend 829 <br />approval, conditionally approve or disapprove deny of the preliminary subdivisionplat. within 120 830 <br />days after the date of the certification by the zoning administrator of the completed application unless 831 <br />an extension of the review period has been agreed to by the subdivider in writing. If the planning 832 <br />commission fails to act within the 1020-day period, the zoning administrator City Administrator or 833 <br />designee shall refer the application to the council for action within 120 days of the date of certification. 834 <br />The zoning administrator shall return one copy of the proposed preliminary subdivision or survey to 835 <br />the subdivider with written notification, noting the date of planning commission approval or 836 <br />disapproval and reasons for their action. 837 <br />(d) Class I subdivisions. Upon receiving the recommendations of the planning commission, the 838 <br />subdivider shall make all required changes and/or additions to the proposal and may immediately make 839 <br />application for final subdivision review by the council. The council will review class I preliminary 840 <br />subdivisions only upon written application of the subdivider or request by the planning commission or 841 <br />zoning administrator. 842 <br />(e) Class II and class III subdivisions. Upon receiving the recommendations of the planning commission, 843 <br />the subdivider shall have 30 days from the date of planning commission action to incorporate any 844 <br />required changes and/or additions prior to review by the council: 845 <br />(1) If the subdivider chooses to incorporate any required changes and/or additions, 15 copies of the 846 <br />amended preliminary plat shall be filed with the zoning administrator within the 30-day period 847 <br />and at least ten days prior to review of the preliminary plat by the council. 848 <br />(2) If the subdivider refuses to incorporate any required changes and/or additions, the subdivider 849 <br />shall provide his reasons for the refusal in writing to the zoning administrator within the 30-day 850 <br />period and at least ten days prior to review of the preliminary plat by the council. 851 <br />Commented [SM54]: No. Public hearing includes the <br />ability to speak. <br />Commented [JB55]: Is this legal? <br />Commented [JB56]: Again, removing the different classes <br />for subdivisions.
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