§ 88-545-05. HEARING AND FINAL DECISION—CITY PLAN COMMISSION

88-545-05-A. The city plan commission has final decision-making authority on preliminary plat applications, except those that include requests for waivers or modifications, in which case the city plan commission may recommend and city council may authorize, in accordance with 88-405-25-A.

88-545-05-B. The city plan commission also has final decision-making authority on preliminary plats recommended for disapproval by the development review committee and on preliminary plats forwarded to city plan commission at the request of the applicant. The city plan commission must act on preliminary plat applications as a new matter.

88-545-05-C. Preliminary plat applications that require action by the city plan commission require at least one public hearing.

88-545-05-D. Notice of required public hearings must be mailed to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07.

88-545-05-E. Following action by the development review committee, the city plan commission must review the preliminary plat and the development review committee's action and, based on the plat's compliance with the approval criteria of 88-545-06, act by simple majority vote to approve the preliminary plat, approve the plat with conditions, or disapprove the plat.

88-545-05-F. If the city plan commission disapproves the preliminary plat or approves the plat with conditions, the applicant may appeal the city plan commission's decision to the city council. Appeals of the city plan commission's decision must be filed with the city planning and development director within 15 days of the date of city plan commission action on the preliminary plat. In the case of such appeal, the city council may act on the preliminary plat application as a new matter and, by simple majority vote, approve, approve with conditions, or deny the preliminary plat application. The requirements for hearings, notices and approval criteria are the same as required of the original action before the city plan commission.

(Ord. No. 150313, § A, 4-30-2015)