HomeMy WebLinkAbout6.f. Zoning Ordinance Text Amendment to Extend Approval Time of Preliminary Plats
EXECUTIVE SUMMARY
City CouncilMeeting:August 16, 2016
AGENDA ITEM: Case 16-32-TA;Zoning Ordinance Text
AGENDA SECTION:
Amendment to Extend Approval Time of
Consent
Preliminary Plats
PREPARED BY: Kim Lindquist, Community Development
AGENDA NO.
Director
ATTACHMENTS:Draft Ordinance, Planning Commission
APPROVED BY:
ddj
Minutes Excerpt
RECOMMENDED ACTION: Motion to Approve Ordinance Amendment to Extend the
Approval Time for Preliminary Plats.
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.
PLANNING COMMISSION
The Planning Commission discussed this amendment at their July 26, 2016 meeting. It was noted that
many properties are preliminarily platted and then phased over several years. While five years is a big jump
from the one year currently found in the ordinance, given the current takedown of lots some could be
three to five years out from full development. With that brief conversation, the Commission unanimously
recommended approval of the ordinance amendment.
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
Motion to approve Ordinance
2
City of Rosemount
Ordinance No. B-2XX
AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE
BRELATING TO STANDARDS FOR PRELIMINARY PLAT LAPSE AND
EXTENSION PROVISIONS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is
hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 12-2-3.D: Lapse andExtension
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
pertain to 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.
\[Underlined material is new. Strickenmaterial is deleted.\]
th
ENACTED AND ORDAINED into an Ordinance this16 day ofAugust, 2016.
CITY OF ROSEMOUNT
________
William H. Droste, Mayor
ATTEST:
Clarissa Handler, City Clerk
Excerpt of Planning Commission Minutes July 26, 2016
6.g. Request bythe City of Rosemount for a Zoning Ordinance Text Amendment to Extend Approval Time of
Preliminary Plats. (16-32-TA)
Community Development Director Lindquist gave a brief overview of the staff report.
The public hearing was opened at 10:57pm.
Public comments: None.
MOTION by Clements to close the public hearing.
Second by Freeman.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 10:57 pm.
Additional Comments:
Chair Kenninger inquired if five years too long a time frame. Lindquist stated staff has no concerns.
Motion by Mele to Recommend Approval of the Text Amendment to the City Council
Ayes: 5. Nays: 0. Motion Passes