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City Council Ordinance 8ORDINANCE AMENDMENT The City Council of Monticello hereby ordains Subdivision Ordinance Section 11-3-3 (A) be amended as follows: (A) APPROVAL OF THE PLANNING COMMISSION: If the city council determines it necessary, the final plat shall be filed with the City Clerk and submitted to the Planning Commission at least twenty (20) days prior to a Commission meeting at which consideration is requested. During the said twenty (20 ) days, the City staff shall examine the final plat and prepare a recommendation to the Planning Commission. Approval, disapproval, or any delay in decision of the final plat will be conveyed to the subdivider within ten (10) days after the meeting of the City Planning Commission at which such Plat was considered. In case the Plat is disapproved, the sub- divider shall be notified in writing of the reason for such action and what requirements shall be necessary to meet the approval of the Commission. If the Plat is disapproved, a waiting period of one hundred eighty (180) days shall lapse before another application can be filed on that tract of land. In case the preliminary plat is approved, the final plat must be filed within one (1) year of preliminary plat approval or the approval is not valid. (B) APPROVAL OF THE CITY COUNCIL: After review of the Final Plat by the Planning Commission, if necessary, such Final Plat, together with the recommendations of the Planning Commission shall be submitted to the City Council for approval. The City Council has the option of requesting a public hearing if it is determined necessary on the Final Plat. If accepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as in- dicated by the City Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the pro- ceedings of the council and reported to the person or persons applying for such approval. Passed by the City Council this 23rd day of February, 1976 e r Denton Erickson, Acting Mayor Attest: Gar Wieber, City Administrator 1 1-3-1 CHAPTER 3 PROCEDURE SECTION: 11-3-I; PROCEDURE 11-3-2: PRELIMINARY PLAT 11-3-3: FINAL PLAT *g 11-3-1: PROCEDURE: PRIOR TO FORMAL PLAT REVIEW BY THE PLANNING COMMISSION, THE APPLICANT IS ENCOURAGED TO PRESENT A SKETCH .-LAN TO THE PLANNING IOMMIS'SION FOR PURPOSES OF INFORMALLY DISCUSSING, TO PRESENT H15 t'ITENTIONS FOR DEVELOPMENT OF THE PROPERTY, AND BE ADLE TO OBTAIN THE VIEWS ANDOPINiONS OF THE CITY PLANNING COMMISSION. 11-3-2: PRELIMINARY PLAT: (A) FILING: FIFTEEN (15) COPIES OF THE PRELIMINARY PLAT SHALL BE FILED WITH THE CITY CLERK. THE REQUIRED FILING FEE AS ESTABLISHED IN CHAPTER 10 SHALL BE PAID AND ANY NECESSARY APPLICATIONS FOR VARIANCES FROM THE PROVISIONS OF THIS ORDINANCE SHALL BE: FILED WITH THE REQUIRED FEE BEFORE THE PROPOSED PLAT SHALL BE CONSIDERED OFFICIALLY FILED. ALL PLATS SHALL BE: ACCOMPANIED BY AN ABSTRACTORIS CERTIFICATE, PROPERLY CERTIFIED, IDENTIFYING THE OWNER OF THE PROPERTY IN QUESTION, AND THE OWNERS OF ALL PROPERTIES SITUATED WITHIN THREE HUNDRED FIFTY (350) FEET OF THE BOUNDAR- 0;7 THE PROPERTY IN QUESTION, THE PROPOSED PLAT SHALL BE PLACED ON THE AGENDA OF THE FIRST PLANNING COMMISSION MEETING AFTER TEN (10) DAYS FROM DATE OF FILING. (8) HEARING: UPON RECEIPT OF SAID APPLICATION THE CITY CLERK SHALL SET A PUBLIC HEARING FOR THE NEXT REGULAR MEETING OF THE PLANNING COMMISSION. THE PANNING COMMISSION SHALL CONDUCT THE HEARING, AND REPORT UPON FINDINGS AND MAKE RECOMMENDATIONS TO THE 'CITY COUNCIL. NOTICE OF SAID HEARING SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER AT LEAST TEN (10) DAYS PRIOR TO THE HEARING AND WRITTEN NOTIFICATION OF SAID HEARING SHALL BE MAILED AT LEAST TEN (10) DAYS PRIOR, TO ALL OWNERS OF LAND IDENTIFIED ON THE ABOVE MENTIONED ABSTRACTORIS CERTIFICATE. (C) TECHNICAL ASSISTANCE REPORTS: AFTER THE PUBLIC HEARING HAS BEEN SET, THE CITY ADMINISTRATOR SHALL INSTRUCT THE STAFF TO PREPARE TECHNICAL REPORTS, (WHERE APPROPRIATE) AND PROVIDE GENERAL ASSISTANCE IN PREPARING A RECOMMENDATION ON THE ACTION TO THE CITY COUNCIL. (D) REVIEW BY OTHER COMMISSIONS ON JURISDICTIONS: WHEN APPROPRIATE, THE CITY ADMINISTRATOR SHALL FILE COPIES OF THE PRELIMINARY PLAT WITH THE PARK AND RECREAfiON COMMISSION AND/OR WRIGHT COUNTY FOR THEIR REVIEW AND COMMENT. (E) REPORT ;Q COUNCIL: 'HE PLANNING COMMISSION SHALL MAKE A RECOMMENDATION TO THE CITY COUNCIL WITHIN SIXTY (60) DAYS FOLLOWING THE PUBLIC HEARING. (F) CITY COUNCIL ACTION: 1. THE COUNCIL SHALL ACT UPON THE PRELIMINARY PLAT WITHIN ONE HUNDRED TWENTY (120) DAYS OFTHE DATE ON WHICH IT WAS OFFICIALLY FILED. IF THE RECOMMENDATION OF THE PLANNING COMMISSION HAS NOT BEEN RECEIVED IN TIME TO MEET THE REQUIREMENT, THE COUNCIL MAY ACT ON THE PRELIMINARY PLAT WITHOUT SUCH RECOMMENDATION. 2. IF THE PRELIMINARY PLAT 15 NOT APPROVED BY THE CITY COUNCIL, THE REASONS FOR SUCH ACTION SHALL BE RECORDED IN THE PROCEEDINGS OF THE COUNCIL AND TRANSMITTED To THE APPLICANT. IF THE PRELIMINARY PLAT IS APPROVED, SUCH APPROVAL SHALL NOT CONSTITUTE FINAL ACCEPTANCE OF TH[ LAYOUT. SUBSEQUENT APPROVAL WILL BE REQUIRED OF THE ENGINEERING PROPOSALS AND OTHER FEATURES AND REQUIREMENTS AS SPECIFIED BY THIS ORDINANCE TO BE INDICATED ON THE FINAL PLAT. 1HE CITY COUNCIL MAY REQUIRE SUCH REVISIONS IN THE PRELIMINARY PLAT AND FINAL PLAT AS IT DEEMS NECESSARY FOR THE HEALTH, SAFETY, GENERAL WELFARE AND CONVENIENCE OF THE CITY OF MONTICELLO. FINAL PLAT: AFTEk THE PRELIMINARY PLAT HAS BEEN APPROVED, THE FINAL PLAT MAY PE SUBMITTED FOR APPROVAL AS FOLLOWS: 1 1-3-3 1 1-3-3 (A) APPROVAL OF THE PLANNING COMMISSION: IF THE CITY COUNCIL DETERMINES IT NECESSARY, THE FINAL PLAT SHALL BE FILED WITH THE CITY CLERK AND SUBMITTED TO THE PLANNING COMMISSION AT LEAST TWENTY (20) DAYS PRIOR TO A OMMIS510N MEETING AT WHICH CONSIDERATION IS REQUESTED. DURING THE SAID TWENTY (20) DAYS, THE CITY STAFF SHALL EXAMINE THE FINAL PLAT AND PREPARE A RECOMMENDATION TO THE PLANNING COMMISSION• APPROVAL, DISAPPROVAL, OR ANY DELAY IN DECISION OF THE FINAL PLAT WILL BE CON- VEYED TO THE SUBDIVIDER WITHIN TEN (10) DAYS AFTER THE MEETING OF THE CITY PLANNING COMMISSION AT WHICH SUCH PLAT WAS CONSIDERED. IN CASE THE PLAT IS DISAPPROVED, THE SUBDIVIDER SHALL BE NOTIFIED IN WRITING OF THE REASON FOR SUCH ACTION AND WHAT REQUIREMENTS SHALL BE NECESSARY TO MEET THE APPROVAL OF THE COMMISSION. IF THE PLAT IS DISAPPROVED, A WAITING PERIOD OF ONE HUNDRED EIGHTY (ISO) DAYS SHALL LAPSE BEFORE ANOTHER APPLICATION CAN BE FILED ON THAT TRACT OF LAND. IN CASE THE PRELIMINARY PLAT IS APPROVED, THE FINAL PLAT MUST BE FILED WITHIN ONE (1) YEAR OF PRELIMINARY PLAT APPROVAL OR THE APPROVAL IS NOT VALID. (P) APPROVAL OF THE CITY COUNCIL: AFTER REVIEW OF THE FINAL PLAT BY THE PLANNING COMMISSION, IF NECESSARY, SUCH FINAL PLAT, TOGETHER WITH THE RECOMMENDATIONS OF THE PLANNING COMMISSION SHALL BE SUBMITTED TO THE CITY COUNCIL FOR APPROVAL. THE CITY COUNCIL HAS THE OPTION OF REQUESTING A PUBLIC HEARING IF IT IS DETERMINED NECESSARY ON THE FINAL PLAT. IF ACCEPTED, THE FINAL PLAT SHALL BE APPROVED BY RESOLUTION, WHICH RESOLUTION SHALL PROVIDE FOR THE ACCEPTANCE OF ALL AGREEMENTS FOR BASIC IMPROVEMENTS, PUBLIC DEDICATION AND OTHER REQUIREMENTS AS INDICATED BY THE CITY COUNCIL. IF DISAPPROVED, THE GROUNDS FOR ANY REFUSAL TO APPROVE A PLAT SHALL BE SET FORTH IN THE PROCEEDINGS OF THE COUNCIL AND REPORTED TO THE PERSON OR PERSONS APPLYING FOR SUCH APPROVAL. (2-23-76 #S) 11-3-1 CHAPTER 3 PROCEDURE SECTION: II -3-1: PROCEDURE 11-3-2: PRELIMINARY PLAT 11-3-3: FINAL PLAT II -3-3 11-3-1: PROCEDURE: PRIOR TO FORMAL PLAT REVIEW BY THE PLANNING COMMISSION, THE APPLICANT IS ENCOURAGED TO PRESENT A SKETCH "LAN TO THE PLANNING COMMISSION FOR PURPOSES OF INFORMALLY DISCUSSING, TO PRESENT HIS I-ITENTIONS FOR DEVELOPMENT OF THE PROPERTY, AND BE ABLE TO OBTAIN THE VIEWS ANDOPINIONS OF THE CITY PLANNING COMMISSION. II -3-2: PRELIMINARY PLAT: (A) FILING: FIFTEEN (15) COPIES OF THE PRELIMINARY PLAT SHALL BE FILED WITH THE CITY CLERK. THE REQUIRED FILING FEE AS ESTABLISHED IN CHAPTER 10 SHALL BE PAID AND ANY NECESSARY APPLICATIONS FOR VARIANCES FROM THE PROVISIONS OF THIS ORDINANCE SHALL BE FILED WITH THE REQUIRED FEE BEFORE THE PROPOSED PLAT SHALL BE CONSIDERED OFFICIALLY FILED. ALL PLATS SHALL BE ACCOMPANIED BY AN ABSTRACTORIS CERTIFICATE, PROPERLY CERTIFIED, IDENTIFYING THE OWNER OF THE PROPERTY IN QUESTION, AND THE OWNERS OF ALL PROPERTIES SITUATED WITHIN THREE HUNDRED FIFTY (350) FEET OF THE BOUNDAR, OF THE PROPERTY IN QUESTION. THE PROPOSED PLAT SHALL BE PLACED ON THE AGENDA OF THE FIRST PLANNING COMMISSION MEETING AFTER TEN (10) DAYS FROM DATE OF FILING. (B) HEARING: UPON RECEIPT OF SAID APPLICATION THE CITY CLERK SHALL SET A PUBLIC HEARING FOR THE NEXT REGULAR MEETING OF THE PLANNING COMMISSION. THE PLANNING COMMISSION SHALL CONDUCT THE HEARING, AND REPORT UPON FINDINGS AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL. NOTICE OF SAID HEARING SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER AT LEAST TEN (10) DAYS PRIOR TO THE HEARING AND WRITTEN NOTIFICATION OF SAID HEARING SHALL BE MAILED AT LEAST TEN (10) DAYS PRIOR, TO ALL OWNERS OF LAND IDENTIFIED ON THE ABOVE MENTIONED ABSTRACTORIS CERTIFICATE• (C) TECHNICAL ASSISTANCE REPORTS: AFTER THE PUBLIC HEARING HAS BEEN SET, THE CITY ADMINISTRATOR SHALL INSTRUCT THE STAFF TO PREPARE TECHNICAL REPORTS, (WHERE APPROPRIATE) AND PROVIDE GENERAL ASSISTANCE IN PREPARING A RECOMMENDATION ON THE ACTION TO THE CITY COUNCIL. (D) REVIEW BY OTHER COMMISSIONS OR JURISDICTIONS: WHEN APPROPRIATE, THE CITY ADMINISTRATOR SHALL FILE COPIES OF THE PRELIMINARY PLAT WITH THE PARK AND RECREATION COMMISSION AND/OR WRIGHT COUNTY FOR THEIR REVIEW AND COMMENT. (E) REPORT 10 COUNCIL: THE PLANNING COMMISSION SHALL MAKE A RECOMMENDATION TO THE CITY COUNCIL WITHIN SIXTY (60) DAYS FOLLOWING THE PUBLIC HEARING. (F) CITY COUNCIL ACTION: I. THE COUNCIL SHALL ACT UPON THE PRELIMINARY PLAT WITHIN ONE HUNDRED TWENTY (120) DAYS OFTHE DATE ON WHICH IT WAS OFFICIALLY FILED. IF THE RECOMMENDATION OF THE PLANNING COMMISSION HAS NOT BEEN RECEIVED IN TIME TO MEET THE REQUIREMENT, THE COUNCIL MAY ACT ON THE PRELIMINARY PLAT WITHOUT SUCH RECOMMENDATION. 2. IF THE PRELIMINARY PLAT IS NOT APPROVED BY THE CITY COUNCIL, THE REASONS FOR SUCH ACTION SHALL BE RECORDED IN THE PROCEEDINGS OF THE COUNCIL AND TRANSMITTED TO THE APPLICANT. IF THE PRELIMINARY PLAT IS APPROVED, SUCH APPROVAL SHALL NOT CONSTITUTE FINAL ACCEPTANCE OF THE LAYOUT. SUBSEQUENT APPROVAL WILL BE REQUIRED OF THE ENGINEERING PROPOSALS AND OTHER FEATURES AND REQUIREMENTS AS SPECIFIED BY THIS ORDINANCE TO BE INDICATED ON THE FINAL PLAT. THE CITY COUNCIL MAY REQUIRE SUCH REVISIONS IN THE PRELIMINARY PLAT AND FINAL PLAT AS IT DEEMS NECESSARY FOR THE HEALTH, SAFETY, GENERAL WELFARE AND CONVENIENCE OF THE CITY OF MONTICELLO. 11-3-3: FINAL PLAT: AFTER THE PRELIMINARY PLAT HAS BEEN APPROVED, THE FINAL PLAT MAY BE SUBMITTED FOR APPROVAL AS FOLLOWS: 11-3-3 1 1-3-3 (A) APPROVAL OF THE PLANNING COMMISSION: THE FINAL PLAT SHALL BE FILED WITH THE CITY CLERK AND SUBMITTED TO THE PLANNING COMMISSION AT LEAST TWENTY (20) DAYS PRIOR TO A COMMISSION MEETING AT WHICH CONSIDERATION IS REQUESTED. DURING THE SAID TWENTY (20) DAYS, THE CITY STAFF SHALL EXAMINE THE FINAL PLAT AND PREPARE A RECOM- MENDATION TO THE PLANNING COMMISSION. APPROVAL, DISAPPROVAL, OR ANY DELAY IN DECISION OF THE FINAL PLAT WILL BE CONVEYED TO THE SUBDIVIDER WITHIN TEN (10) DAYS AFTER THE MEETING OF THE CITY PLANNING COMMISSION AT WHICH SUCH PLAT WAS CONSIDERED. IN CASE THE PLAT IS DISAPPROVED, THE SUBDIVIDER SHALL BE NOTIFIED IN WRITING OF THE REASON FOR SUCH ACTION AND WHAT REQUIREMENTS SHALL BE NECESSARY TO MEET THE APPROVAL OF THE ,�C�OMMISSION. IF THE PLAT IS DISAPPROVED, A WAITING PERIOD OF ONE HUNDRED EIGHTY (1 80) ) DAYS SHALL LAPSE BEFORE ANOTHER APPLICATION CAN BE FILED ON THAT TRACT OF LAND. IN CASE THE PRELIMINARY PLAT IS APPROVED, THE FINAL PLAT MUST BE FILED WITHIN ONE (1) YEAR OF PRELIMINARY PLAT APPROVAL OR THE APPROVAL IS NOT VALID. (6) APPROVAL OF rHE CITY COUNCIL: AFTER REVIEW OF THE FINAL PLAT BY THE PLANNING COMMISSION, SUCH FINAL PLAT, TOGETHER WITH THE RECOMMENDATIONS OF THE PLANNING COMMISSION SHALL BE SUBMITTED TOTHE CITY COUNCIL FOR APPROVAL. THE CITY COUNCIL HAS THE OPTION OF REQUESTING A PUBLIC HEARING IF IT IS DETERMINED NECESSARY ON THE FINAL PLAT. IF ACCEPTED, THE FINAL PLAT SHALL BE APPROVED BY RESOLUTION, WHICH RESOLUTION SHALL PROVIDE FOR THE ACCEPTANCE OF ALL AGREEMENTS FOR BASIC IMPROVEMENTS, PUBLIC DED- ICATION AND OTHER REQUIREMENTS AS INDICATED BY TrE CITY COUNCIL. IF DISAPPROVED, THE GROUNDS FOR ANY REFUSAL TO APPROVE A PLAT SHALL BE SET FORTH IN THE PROCEEDINGS OF THE COUNCIL AND REPORTED TO THE PERSON OR PERSONS APPLYING FOR SUCH APPROVAL. 1 1-3-3 1 1-3-3 (A) APPROVAL OF THE PLANNING COMMISSION: IF THE CITY COUNCIL DETERMINES IT NECESSARY, THE FINAL PLAT SHALL BE FILED WITH THE CITY CLERK AND SUBMITTED TO THE PLANNING COMMISSION AT LEAST TWENTY (20) DAYS PRIOR TO A COMMISSION MEETING AT WHICH CONSIDERATION IS REQUESTED. DURING THE SAID TWENTY (20) DAYS, THE CITY STAFF SHALL EXAMINE THE FINAL PLAT AND PREPARE A RECOMMENDATION TO THE PLANNING COMMISSION. APPROVAL, DISAPPROVAL, OR ANY DELAY IN DECISION OF THE FINAL PLAT WILL BE CON- VEYED TO THE SUBDIVIDER WITHIN TEN (10) DAYS AFTER THE MEETING OF THE CITY PLANNING COMMISSION AT WHICH SUCH PLAT WAS CONSIDERED. IN CASE THE PLAT IS DISAPPROVED, THE SUBDIVIDER SHALL BE NOTIFIED IN WRITING OF THE REASON FOR SUCH ACTION AND WHAT REQUIREMENTS SHALL BE NECESSARY TO MEET THE APPROVAL OF THE COMMISSION. IF THE PLAT IS DISAPPROVED, A WAITING PERIOD OF ONE HUNDRED EIGHTY (180) DAYS SHALL LAPSE BEFORE ANOTHER APPLICATION CAN BE FILED ON THAT TRACT OF LAND, IN CASE THE PRELIMINARY PLAT IS APPROVED, THE FINAL PLAT MUST BE FILED WITHIN ONE (1) YEAR OF PRELIMINARY PLAT APPROVAL OR THE APPROVAL IS NOT VALID. (S) APPROVAL OF THE CITY COUNCIL: AFTER REVIEW of THE FINAL PLAT BY THE PLANNING COMMISSION, IF NECESSARY, SUCH FINAL PLAT, TOGETHER WITH THE RECOMMENDATIONS OF THE PLANNING COMMISSION SHALL BE SUBMITTED TO THE CITY COUNCIL FOR APPROVAL. THE CITY COUNCIL HAS THE OPTION OF REQUESTING A PUBLIC HEARING IF IT IS DETERMINED NECESSARY ON THE FINAL PLAT. IF ACCEPTED, THE FINAL PLAT SHALL BE APPROVED BY RESOLUTION, WHICH RESOLUTION SHALL PROVIDE FOR THE ACCEPTANCE OF ALL AGREEMENTS FOR BASIC IMPROVEMENTS, PUBLIC DEDICATION AND OTHER REQUIREMENTS AS INDICATED BY THE CITY COUNCIL. IF DISAPPROVED, THE GROUNDS FOR ANY REFUSAL TO APPROVE A PLAT SHALL BE SET FORTH IN THE PROCEEDINGS OF THE COUNCIL AND REPORTED TO THE PERSON OR PERSONS APPLYING FOR SUCH APPROVAL. (2-23-76 #8) I- 7 A I it_' Cil I AJ I L i t _ I J`. Y 1 TI T:: T ii, J J,-- I IAJ i -T. I U J J,:- _T I TI t 1' IJ TA-' I ; I C ' L 1 " -I lTr n O- I T.'.. I O