09-14-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 21 (3) If the planning commission recommends approval of the preliminary plat without changes or 852 additions, the zoning administrator shall immediately refer the proposal to the council for review 853 at the next available regular meeting. 854 Sec. 82-115. - Council review of the preliminary subdivisionplat. 855 (a) Required. The council shall review all class II and class III preliminary plat applications. Particular 856 attention will be given to the record developed by the planning commission’s study of the proposal 857 and to the recommendations of the planning commission and the city staff. 858 (b) Council action. The council should approve, conditionally approve or disapprove the preliminary plat 859 within 120 days following the date of certification by the zoning administrator City Administrator or 860 designee of the completed application unless an extension of the review period has been agreed to by 861 the subdivider in writing. 862 (c) Recommendations to the subdivider. The action of the council shall be in the form of a resolution 863 setting forth the conditions of approval, including any changes, additions and/or other requirements to 864 be met by the subdivider prior to final plat approval. In addition to the specific conditions stated, the 865 subdivider must fulfill all other requirements and performance standards of this Code. The zoning 866 administrator shall return to the subdivider one copy of the preliminary plat, including the required 867 changes marked on the plat, together with one copy of the council resolution. 868 (d) Failure to act by the city. If the city or the responsible agency of the city fails to preliminarily approve 869 or disapprove an application within the review period, the application shall be deemed preliminarily 870 approved; and upon demand the city shall execute a certificate to that effect. Following preliminary 871 approval the applicant may request final approval by the city, and upon such request the city shall 872 certify final approval within 60 days if the applicant has complied with all conditions and requirements 873 of applicable regulations and all conditions and requirements upon which the preliminary approval is 874 expressly conditioned either through performance or the execution of appropriate agreements assuring 875 performance. If the city fails to certify final approval as so required, and if the applicant has complied 876 with all conditions and requirements, the application shall be deemed finally approved; and upon 877 demand the city shall execute a certificate to that effect. After final approval, a subdivisionplat may be 878 filed or recorded. 879 Sec. 82-116. - Special requirements for plats. 880 (a) Zoning regulations. Every plat shall conform to existing zoning regulations and subdivision 881 regulations applicable at the time of final plat approval. Variances shall not be approved to increase 882 the overall subdivision density above the minimum lot area requirements of the applicable zoning 883 district and this chapter. 884 (b) Public improvements. The planning commission may recommend that all public improvements be 885 installed and dedicated prior to the signing of the final plat by the city. If the planning commission 886 does not recommend that all public improvements be installed and dedicated prior to signing of the 887 final plat by the city, the amount of the bond shall be established by the zoning administrator based 888 upon the recommendation of the city engineer, which bond shall be submitted by the subdivider at the 889 time of application for final plat approval. The planning commission shall require the subdivider to 890 indicate on the plat all private and public improvements, which shall be required to be established or 891 extended and any other special requirements deemed necessary by the planning commission in order 892 to conform the plat to the comprehensive municipal plan and this chapter. 893 (c) Grading of site prior to final approval. Subsequent to preliminary plat approval by the council, the 894 subdivider may apply for a land alteration permit from the city and upon receipt of such permit may 895 commence construction to the grades and elevations required by plans approved b y the city. 896 (d) Referral to other government agencies or jurisdictions. Following action by the council on the 897 preliminary plat, the zoning administrator will refer the preliminary plat and the council's action to 898 Commented [JB57]: All subdivisions result in a plat. Commented [JB58]: This allows grading to commence prior to final plat. Commented [JB59]: We don’t usually do this. I can imagine a situation where the city may allow grading work to commence after PP, but not before FP.