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34 (8) The application shall be reviewed by city advisory committees. The advisory committees recommendations will be forwarded to the Planning and Zoning Board for their consideration of the application at a public hearing. (9) The Planning and Zoning Board shall hold a public hearing on the proposed preliminary plat. Notice of the public hearing shall be published in the official newspaper designated by the City Council at least 10 days prior to the hearing. The city shall mail written notification of the proposed preliminary plat to property owners located within 600 feet of the subjected site. Timing of the mailed notice shall be the same as that for the published notice. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply has been made. (10) Documentation that the Rice Creek Watershed District has issued a TWAFAA (tabled with authorization for administrative action). Documentation of VLAWMO review and approval where applicable is required prior to Planning and Zoning action._ (11) The Planning and Zoning Board shall take public testimony at their public hearing and evaluate the requested preliminary plat against the premature subdivision criteria of§ 1001.013 Section 1002 6 1 of this Ordinance, the performance standards of this chapter, the performance standards of the Lino Lakes Zoning Chapter, and other city requirements. The Planning and Zoning Board shall make findings and offer a recommendation for either preliminary plat approval or denial. The Planning and Zoning Board may offer a recommendation of approval with conditions necessary to satisfy city regulations. (11?) The Community Development Department shall prepare a staff report for the City Council which includes of the findings and recommendations of the Planning and Zoning Board. The findings may include specific conditions of approval or findings related to denial of the plat. (12) The City Council shall not approve the application if the applicant has not received and submitted to the City a preliminary approval from the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization, as applicable. (13) The City Council shall take action on the application within 120 days following delivery of an application completed in accordance with the regulations of this chapter, unless an extension is agreed to by the applicant. If it approves the preliminary plat, the City Council may impose conditions it considers necessary to protect the public health, safety, and welfare. (14) The City Council shall take action on the application which shall include findings of fact and shall be entered in the proceedings of the City Council and transmitted to the applicant in writing. The lack of a simple majority Council vote to affirmatively approve a preliminary plat shall be a denial of the requested application. DRAFT JANUARY 26, 2009 • • •