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Home My WebLink About5.b. Amending the City Code Relating to the Subdivision Platting Requirements EXECUTIVE SUMMARY Planning Commission Public Hearing: June 23, 2015 Tentative City Council Meeting: July 7, 2015 AGENDA ITEM: Case 15-22-TA; Request by the City of AGENDA SECTION: Rosemount to Amending the City Code Relating to the Subdivision Platting Public Hearing Requirements. PREPARED BY: AGENDA NO. Eric Zweber, Senior Planner 5.b. ATTACHMENTS: Draft Ordinance Relating to Platting APPROVED BY: K.L. Procedure; State Statute 462.358 Subd. 3b. RECOMMENDED ACTION: Motion to Recommend that the City Council Approve the Ordinance Relating to the Subdivision Platting Requirements: Amending Rosemount City Code sections 12-2-2 SUMMARY The City Code states that the preliminary plat and final plat requires two (2) sequential reviews and approvals by the council. Staff has interpreted the Code to mean that preliminary plat and final plat approval can occur at the same meeting provided that the preliminary plat resolution is approved prior to the final plat resolution. Others have challenged that interpretation. State Statute clearly allows cities to combine the review and approval of preliminary and final plats. Staff proposes to amend the City Code to clearly allow the consolidated review of preliminary and final plats. BACKGROUND 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. Section 12-2-2: SUBDIVISION PLATTING REQUIREMENTS states that (p)latting requires two (2) The ambiguity surrounding this statement is focused around the . From merriam-webster.com: Sequential: following in sequence. Sequence: a continuous or connected series. Staff has interpreted these definitions to mean that the preliminary plat and final plat can be approved at the same City Council meeting provided that the preliminary plat resolution is approved first and then, after, approve the final plat. Others have interpreted this section to mean that the approvals must occur at two (2) separate meetings because this section could have been written simply as if the intention was to conduct both approvals at the same meeting. Staff proposes to resolve this conflict in interpretation by removing the sentence in question and replacing it with the language directly from the State Statute. The State Statute (t)for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Staff proposes to incorporate this language into the text amendment to make it clear that the City Council may approve both the preliminary plat and the final plat at the same meeting. The proposed amendment is as follows: All subdivisions are subject to platting requirements unless otherwise provided for herein. Platting requires two (2) sequential review and approvals by council. A preliminary plat is required for overall public infrastructure phasing and capital improvement planning, and a final plat is required for recording each phase or addition. The City may consolidate the preliminary plat and final plat review. Prior to granting final plat approval, the council may permit or require the plat to be divided into two (2) or more additions or may impose such conditions upon filing of the additions as it may deem necessary to ensure the orderly development of the plat. Preliminary and final plats may be combined as a simple plat under circumstances elsewhere described herein. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Ordinance allowing consolidated preliminary plat and final plat review. 2 City of Rosemount Ordinance No. B- AN ORDINANCE RELATING TO THE SUBDIVISION PLATTING REQUIREMENTS; AMENDING ROSEMOUNT CITY CODE SECTIONS 12-2-2 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled ÑCity of Rosemount Zoning Ordinance,Ò is hereby amended as follows: Section 1. The Rosemount City Code, Section 12-2-2: SUBDIVISION PLATTING REQUIREMENTS is amended as follows: All subdivisions are subject to platting requirements unless otherwise provided for herein. Platting requires two (2) sequential review and approvals by council. A preliminary plat is required for overall public infrastructure phasing and capital improvement planning, and a final plat is required for recording each phase or addition. The City may consolidate the preliminary plat and final plat review. Prior to granting final plat approval, the council may permit or require the plat to be divided into two (2) or more additions or may impose such conditions upon filing of the additions as it may deem necessary to ensure the orderly development of the plat. Preliminary and final plats may be combined as a simple plat under circumstances elsewhere described herein. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. \[Underlined material is new. Stricken material is deleted.\] th Adopted this 7 day of July, 2015 by the City Council of the City of Rosemount, Minnesota. By: William H. Droste, Mayor ATTEST: By: Clarissa Hadler, City Clerk Published in the Rosemount Town Pages the _____ of July, 2015 1 462.358OFFICIALCONTROLS:SUBDIVISIONREGULATION;DEDICATION. Review procedures. Subd. 3b. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. Subdivisions including lands abutting upon any existing or proposed trunk highway, county road or highway, or county state-aid highway shall also be subject to review.The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. A municipality must approve a preliminary plat that meets the applicable standards and criteria contained in the municipality's zoning and subdivision regulations unless the municipality adopts written findings based on a record from the public proceedings why the application shall not be approved. The regulations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law or charter. The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been agreed to by the applicant. When a division or subdivision to which the regulations of the municipality do not apply is presented to the city, the clerk of the municipality shall within ten days certify that the subdivision regulations of the municipality do not apply to the particular division. If the municipality or the responsible agency of the municipality fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the municipality, and upon such request the municipality shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the municipality fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and upon demand the municipality shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded.