A. Application: An application for a preliminary plat shall be approved or denied pursuant to Minnesota statutes section 462.358.
1. Filing: A preliminary plat application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed plat. The application shall be considered as being officially submitted and complete when the subdivider has complied with all the specified submittal requirements, as described in this section. If the subdivision requires any variances from the provisions of this chapter, an application pursuant to section 11-6-2 of this title shall also be submitted before the preliminary plat application shall be deemed complete.
2. Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the preliminary plat to the city staff and other applicable public agencies as needed in order to receive written comments. Preliminary plats including land abutting an existing or proposed trunk highway and/or highway under county jurisdiction shall also be submitted to the Minnesota commissioner of transportation and/or the Crow Wing County transportation planning division as required by state law, at least thirty (30) days prior to city action on the preliminary plat. The planning and zoning administrator shall instruct the appropriate staff person to: a) coordinate an analysis of the application, b) prepare technical reports, and c) assist in preparing a recommendation to the planning and zoning commission and city council.
3. Public Hearing Notice: Upon completion of staff's analysis of the application, the planning and zoning administrator, when required, shall set a public hearing date for an upcoming planning and zoning commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the city's official newspaper, "The Brainerd Daily Dispatch" at least ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within three hundred fifty feet (350') of the site at least ten (10) days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.
4. Public Utilities Commission Consideration: The public utilities commission shall consider a preliminary plat application, as follows:
a. The public utilities commission shall review all plats with public infrastructure, including public streets, sanitary sewer, municipal water or other utilities.
b. The subdivider or representatives thereof may appear before the public utilities commission to present information and answer questions concerning the proposal.
c. The public utilities commission shall make a recommendation to the city council and shall recommend approval of the preliminary plat if it in all ways conforms to the city's comprehensive plan, zoning ordinance, this chapter and all chapters of this code regarding municipal infrastructure. The commission shall recommend denial of the preliminary plat if it makes any of the following findings:
(1) That the proposed subdivision is in conflict with the city's comprehensive plan, zoning ordinance, capital improvements program, or other policy or regulation, except as such regulations may be modified within a duly approved planned unit development (PUD).
(2) That the proposed subdivision is in conflict with the purpose and intent of this title.
(3) That the physical characteristics of the site are such that the site is not suitable for the type of development or use contemplated. Such physical characteristics may include topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention and other similar characteristics.
(4) That the site is not physically suitable for the intensity or type of development or use contemplated.
(5) That the design of the subdivision or the proposed improvements are likely to cause substantial and irreversible environmental damage.
(6) That the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public.
(7) That the design of the subdivision or the type of improvement will conflict with easements on record or with easements established by judgment of a court.
5. Planning And Zoning Commission Consideration: The planning and zoning commission shall consider a preliminary plat application, as follows:
a. The planning and zoning commission shall review the preliminary plat and conduct the official public hearing. At the public hearing, all persons interested in the proposed subdivision shall be heard.
b. The subdivider or representatives thereof may appear before the planning and zoning commission to present information and answer questions concerning the proposal.
c. The planning and zoning commission and staff shall have the authority to request additional information from the subdivider concerning the proposal, as deemed necessary to formulate a recommendation on the proposal.
d. The planning and zoning commission shall recommend approval of the preliminary plat if it in all ways conforms to the city's comprehensive plan, zoning ordinance, this chapter and all chapters of this code. The commission shall recommend denial of the preliminary plat if it makes any of the following findings:
(1) That the proposed subdivision is in conflict with the city's comprehensive plan, zoning ordinance, capital improvements program, or other policy or regulation, except as such regulations may be modified within a duly approved planned unit development (PUD).
(2) That the proposed subdivision is in conflict with the purpose and intent of this title.
(3) That the physical characteristics of the site are such that the site is not suitable for the type of development or use contemplated. Such physical characteristics may include topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention and other similar characteristics.
(4) That the site is not physically suitable for the intensity or type of development or use contemplated.
(5) That the design of the subdivision or the proposed improvements are likely to cause substantial and irreversible environmental damage.
(6) That the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public.
(7) That the design of the subdivision or the type of improvement will conflict with easements on record or with easements established by judgment of a court.
6. City Council Consideration: The city council shall consider a preliminary plat application, as follows:
a. Upon receiving the reports and recommendations of the planning and zoning commission and staff, the city administrator shall schedule the application for city council consideration. The council shall have the option of receiving additional testimony on the matter if they so choose.
b. The council shall either approve or deny the application. Failure of the council to act within one hundred twenty (120) days of submission of the preliminary plat is deemed approval of such plat, unless the applicant agrees to an extension.
c. Approval of a preliminary plat by the city council shall require passage by a majority vote of all its members. Such approval shall constitute general acceptance of the layout, but shall not constitute final acceptance of the subdivision. Subsequent approval of a final plat will be required before recording of the plat. The council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the city.
d. If a preliminary plat is denied by the city council, the reasons for such action shall be recorded in the council proceedings and transmitted to the applicant within sixty (60) days.
7. Effect Of Approval: For one year following preliminary plat approval, unless the subdivider and city agree otherwise, no amendment to the comprehensive plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved.
8. Effect Of Denial: If a preliminary plat application is denied by the city council, the planning and zoning commission or city council shall not consider a similar application for a preliminary plat affecting substantially the same property again for at least six (6) months from the date of its denial.
9. Expiration Of Preliminary Plat Approval: Unless the city council specifically approves a different time period, the approval of a preliminary plat shall expire one year from the date it was approved, unless the applicant has filed a complete application for approval of a final plat; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: a) an explanation for why a final plat has not been applied for, b) what, if any, good faith efforts have been made to complete the platting process, and c) the anticipated completion date. The planning and zoning administrator may approve up to two (2) such extensions of not more than one additional year per extension.
B. Common Interest Community: In the case of any common interest community as defined by Minnesota statutes chapter 515B, the subdivider may elect to complete construction of all improvements and structures after preliminary plat approval but prior to final plat approval. In such cases, the subdivider shall still be required to submit a development agreement and all fees as required in section 11-2-3 of this chapter prior to the issuance of any grading or building permit. (Ord. 2014-02, 2-18-2014)