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HomeMy WebLinkAbout6.q. Request by the City of Rosemount to Amending the City Code Relating to the Subdivision Platting Requirements EXECUTIVE SUMMARY City Council Meeting Date: July 7, 2015 AGENDA ITEM: Case 15-22-TA; Request by the City of Rosemount to Amending the City Code Relating to the Subdivision Platting Requirements. AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 6.q. ATTACHMENTS: Ordinance; State Statute 462.358 Subd. 3b.; Excerpt from the June 23 Planning Commission Minutes. APPROVED BY: ddj RECOMMENDED ACTION: Motion to adopt an Ordinance Relating to the Subdivision Platting Requirements; Amending Rosemount City Code Section 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. JUNE 23 PLANNING COMMISSION MEETING The Planning Commission reviewed the Ordinance amendment at their June 23 meeting. No resident spoke during the public hearing. Chair Miller asked what would happen if the Planning Commission and/or the City Council adopted conditions in the preliminary plat that would affect the final plat. Staff responded that it would depend on the conditions approved. If the condition does not affect the shape and size of the lots, it is likely that the preliminary plat and final plat can still be approved with a consolidated review. But, if the condition would require a change in the shape and size of the lots, then the developer may need to bring the final plat back at a later meeting to show the new lot lines. The Planning Commission recommended approval of the Ordinance allowing the consolidation of the preliminary plat and final plat approval process on a 6-0 vote. Commissioner Forster was absent from the meeting. BACKGROUND 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. 2 Definitions Section 12-2-2: SUBDIVISION PLATTING REQUIREMENTS states that “(p)latting requires two (2) sequential review and approvals by council.” The ambiguity surrounding this statement is focused around the “two (2) sequential review and approvals”. 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 “(p)latting requires sequential review and approvals by council” 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. Proposed Amendment The State Statute states “(t)he regulations (City’s Subdivision Regulations) may provide 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. CONCLUSION & RECOMMENDATION Staff recommends approval of the Ordinance amending the Subdivision Ordinance to allow for the consolidated review of the preliminary plat and the final plat. 1 City of Rosemount Ordinance No. B- AN ORDINANCE RELATING TO THE SUBDIVISION PLATTING REQUIREMENTS; AMENDING ROSEMOUNT CITY CODE SECTION 12-2-2 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted August 5, 1997, entitled “The Subdivision Ordinance of City of Rosemount,” 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.] Adopted this 7th 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 462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION. Subd. 3b.Review procedures. 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.   EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING JUNE 23, 2015 5.b. Request by The City of Rosemount for a Text Amendment Related Platting Process (15- 22-TA) Planner Zweber summarized his report for the Planning Commission. Chair Miller confirmed that it would still go through the same steps and would still have the opportunity for public comment. Zweber stated that it would not change the opportunity for public comment. If adopted, the City Council could review preliminary plat and final plat at same meeting, can only approve final plat if preliminary plat is approved first. Miller also inquired if recommendations are made to conditions on the preliminary plat how would that then affect the approval of the final plat. Zweber would be reviewed as a case by case basis. If conditions don’t change the lot lines it can continue on with approval process. The public hearing was opened at 7:47 pm. Public comments: None MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 6. Nays: 0. Motion Passes. Public Hearing closed at 7:48 pm Additional Comments: None Motion by Kenninger to recommend the City Council approve an ordinance relating to the Subdivision Platting Requirements: Amending Rosemount City Code sections 12-2-2. Second by Henrie. Ayes: 6 Nays: 0 Motion approved.