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Home My WebLink About6.i. Zoning Ordinance Text Amendment Relating to Approva Procedure for Final Plats ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date:July 15, 2015 AGENDA ITEM: Case 14-01-TA Zoning Ordinance Text Amendment AGENDA SECTION: Relating to Approval Procedure for Final Consent Plats PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner Cc ATTACHMENTS: Draft Ordinance Amendment, Excerpt of APPROVED BY: 6/24/14 Planning Commission Meeting RECOMMENDED ACTION: Motion to Approve the Attached Ordinance Amending the Rosemount Subdivision Ordinance B-91 Relating to the Approval Procedure for Final Plats. SUMMARY The Planning Commission and staff recommend approval of the attached ordinance amending Section 12-2-6 of the City Code related to the approval procedure for final plats. This item was initiated by staff in effort to minimize the signatures necessary on a final plat and reduce the time to process plats prior to recording with Dakota County. Should the City Council approve this amendment it would eliminate the requirement for the Vice Chair of the Planning Commission to sign all final plats.The Planning Commission Chair signature is still required. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item on June 24, 2014. Following a presentation from staff, the Commission opened the hearing that produced no public comments. Several of the Commissioners asked questions about whether the proposed amendment was consistent with state law and Dakota County's requirements. Staff confirmed that the proposed amendment is consistent with state law and the requirements of Dakota County. The Commission then voted to recommend the City Council approve this item. BACKGROUND Standards and requirements for plats are detailed in Minnesota State Statutes 505 (Plats; Coordinates; Surveys) and 462.358, Subdivision 3b (Review Procedure). These regulations allow for local units of government to delegate the authority to review plats to the Planning Commission but require final approval or denial by the City Council. As a result, the City's current practice for final plats includes a review by the Planning Commission prior to final action by the City Council. Once reviewed by the Planning Commission and approved by the City Council, all approved final plats must then be recorded with the Dakota County Surveyor's Office. County Surveyors set the standards for recording approved final plats subject to state statutes listed above. Since Rosemount's review procedure for final plats includes both a review by the Planning Commission and final approval by the City Council, the signatures of the Chair and Vice Chair of the Planning Commission are included on all final plats along with the Mayor and City Clerk. Given that review by the Planning Commission is discretionary, the Dakota County Surveyor's Office does not require the Chair and Vice Chair of the Planning Commission to sign final plats. As a result, staff recommends amending Section 12-2-6 of the City Code to eliminate the requirement that the Vice Chair of the Planning Commission sign all final plats. ISSUE ANALYSIS Legal Authority. Ordinance amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of structures or use. Under the law, the City has wide flexibility to create standards that will insure the type of development it desires. Propose Ordinance Changes. The attached draft ordinance details the City's standards for signing final plats. The proposed amendment would eliminate the current requirement that the Vice Chair of the Planning Commission sign final plats. All final plats would still be reviewed by the Planning Commission prior to approval by the City Council and require the signature of the Chair or their designee, along with the signatures of the Mayor and City Clerk, prior to recording with the Dakota County Surveyor's Office. CONCLUSION & RECOMMENDATION The Planning Commission and staff recommend approval of the attached draft ordinance amending Section 12-2-6 of the City Code related to the approval procedure for final plats. This item was initiated by staff in an effort to minimize the signatures necessary on a final plat and streamline the City's review process prior to recording with Dakota County. Should the City Council approve this amendment it would eliminate the requirement for the Vice Chair of the Planning Commission to sign all final plats. 2 City of Rosemount Ordinance No. B-237 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT SUBDIVISION ORDINANCE B RELATING TO THE REVIEW PROCEDURE FOR FINAL PLATS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted August 11, 1997, entitled"The Subdivision Ordinance of the City of Rosemount," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B-91, Section 12-2-6.B: Signing of Plat is hereby amended as follows: Signing of Plat: Signatures shall be recorded upon the final plat as required by the county. 1. The signatures of the commission chair and vice eha r or their designee, attesting to the date upon which the commission made a recommendation on the preliminary plat after a public hearing. 2. The signature of the mayor or vice mayor attesting to the date upon which the council approved the final plat. 3. The signature from the clerk's office and seal of the city attesting to the above referenced actions by the city and valid signatures. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 15 day of July, 2014. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Clarissa Handler, City Clerk Published in the Rosemount Town Pages this day of , 2014. EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING JUNE 24, 2014 5.c. Case 14-01-TA Zoning Ordinance Text Amendment Relating to Approval Procedure for Final Plats. Planner Lindahl provided a summary of the staff report outlining the draft ordinance amending Section 12-2-6 of the City Code related to the approval procedure for final plats. This item was initiated by staff in effort to minimize the signatures necessary on a final plat and reduce the time to process plates prior to recording with Dakota County. Should the City Council approve this amendment it would eliminate the requirement for the Vice Chair of the Planning Commission to sign all final plats. The Planning Commission Chair signature is still required. Lindahl explained that the approval of final plats by Planning Commission is discretionary. Local governments have the option to have Planning Commission review and approve final plats. Currently both signatures of Chair and Vice Chair are required. This has been logistically challenging to obtain both signatures. Chair would acknowledge Planning Commission review with signature. Commissioner Husain asked if these changes are in compliance with legal requirements. Lindahl again explained that the requested change meets State Statue and Dakota County Surveyor filing requirements. The public hearing was opened at 7:38 p.m. There was no public comment. MOTION by Kurle to close the public hearing. Second by Forster. Ayes: 4. Nays: 0. Motion approved. Public hearing was closed at 7:38 p.m. MOTION by Husain to recommend the City Council approve the attached ordinance amending the Rosemount Subdivision Ordinance B-91 relating to the approval procedure for final plats. Chairperson Miller again inquired as to legality of only one signature. Zweber explained that he State Statue doesn't require the Planning Commission to see a final plat. The City of Rosemount goes above requirements by having the Planning Commission review and approve final plats. Second by Kurle. Ayes: 4. Nays: 0. Motion approved.