HomeMy WebLinkAbout5.g.PCExSumm_PPexpiration_07262016EXECUTIVE SUMMARY
Planning Commission Public Hearing: July 26 2016
Tentative City Council Meeting: August 5, 2016
AGENDA ITEM: Case 16-32-TA; Zoning Ordinance Text
AGENDA SECTION:
Amendment to Extend Approval Time of
New Business
Preliminary Plats
PREPARED BY: Kim Lindquist, Community Development
AGENDA NO. 5.g.
Director
ATTACHMENTS: Draft Ordinance APPROVED BY: K.L
RECOMMENDED ACTION: Motion to Recommend Approval of the Text Amendment to
the City Council
SUMMARY
The current Subdivision ordinance states that a preliminary plat is in effect for one year after action by the
City Council unless otherwise specified by the Council. In many cases the preliminary plat sets up the
larger development layout but individual final plats are processed to recognize the phasing of the overall
residential development. Often the preliminary plat is large and takes several years to build out all phases.
Staff is recommending a modification to the existing ordinance to recognize that the preliminary plat is
valid for a longer time period permitting construction of multiple phases of development.
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.
DISCUSSION
Many of the preliminary plats reviewed by the City are larger subdivisions with the intention that there will
be multiple phases created through the final platting process. Additionally, many of the subdivisions also are
rezoned as a PUD which memorializes the lot layout as part of the zoning approval. Because it is in the best
interest of the City to have the property approved through the preliminary plat process, staff supports
extending the approval of preliminary plats beyond the one year expiration currently in the ordinance. Staff
supports preliminary plats which encompass an entire project so that connectivity, continuity and utilities
can be reviewed for the entire development area. This goal means that preliminary plats are generally larger
than that anticipated for development in one phase. The ordinance modification to 5 years for expiration of
a preliminary plat allows multiple phases to be developed without the necessity of granting extensions.
RECOMMENDATION
Staff recommends the Planning Commission make a motion to recommend approval of the text
amendment.
City of Rosemount
Ordinance No. B- 2XX
AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE
B RELATING TO STANDARDS FOR PRELIMINARY PLAT LAPSE AND
EXTENSION PROVISIONS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 12-2-3.D: Lapse and Extension
Provision: Approval shall be effective for a period of one 5 years after action by the council unless
otherwise specified by the council. Upon expiration of the time limit, all approvals for preliminary
plat or portions thereof for which a final plat has not been recorded with the county, shall be null
and void and a new petition and processing shall be necessary to revalidate the preliminary plat
unless the council shall grant an extension of time prior to the expiration date. This ordinance will
effect all preliminary plats approved after January 1, 2015. (Ord. B-91, 8-5-1997, eff. 8-11-1997)
Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
\[Underlined material is new. Stricken material is deleted.\]
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ENACTED AND ORDAINED into an Ordinance this 16 day of August, 2016.
CITY OF ROSEMOUNT
________
William H. Droste, Mayor
ATTEST:
Clarissa Handler, City Clerk