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Department Approval: LIM Item Description: REQUEST FOR COUNCIL ACTION DATE: 10/24/03 ITEM NO: VIH. A. ved: Agenda Section: Reports & Recommendations Amendment to Subdivision Code Addition to eliminate second hearing for plat reviews (PF3531) 1.0 BACKGROUND: 1.1 The City Council has requested that the Planning Commission and staff review the current requirement within "Title 11, Chapter 11, Section 1102.E through G which states that the City Council must hold a hearing on a "Final" plat. The discussion at the Council meeting was this hearing is not needed as long as the Council retains authority to approve the final plat. The subdivision process already has one formal hearing, which the Planning Commission holds on the preliminary plat. (One hearing is required by state statute.) The Council then takes action on the preliminary plat. Once the developer has completed all the work required by the preliminary approvals and conditions, the developer returns to the City Council for final approvals. It is rare that the public has interest in the "Final" plat since the final plat process is used primarily to ascertain that the developer has complied with the details of the preliminary plat and to approve contacts /agreements for public infrastructure improvements. 1.2 This amendment, if passed, would eliminate one set of mailed and published notices, and move the Council agenda item (a final plat) from "Hearings" to the "Land Use" or "Consent'. The Council procedurally and iat its discretion, can continue to recognize a resident for comments on the final plat without holding a hearing. 1.3 El 2.0 Eliminating the second hearing would reduce the cost and time that must be spent on preparation for the second hearing. A second hearing is not required by state statutes. PLANNING COMMISSION ACTION: On October 1, 2003, the Planning Commission voted 3 -3 on the motion to approve the amendments to City Code Title 11, Chapter 11, Sections 1102 E through G, eliminating the second hearing during Final Plat reviews. Those voting "opposed" to the ordinance explained that this would reduce public input and access to the City Council. 3.0 SUGGESTED COUNCIL ACTION: Hold a first reading. Decide whether a second reading is necessary. If not, waive the second reading and approve the ordinance and a resolution approving the ordinance summary to be published. Report Prepared by: Dennis Welsch, Com.Development Director (651 -490 -2232) Attachment: Proposed Ordinance, Summary Publication, PC draft minutes section. 'i \Victoria \CommDev\Planning Files\3500- 3549\3531_Subd Ord Final ApprovaRRCA- P053 1Subd CodeAmendment(102003).doc