(A) Application procedure.
(1) The applicant may submit a preliminary plat application and associated fee and escrow, together with all supplemental material as may be specified by the Planning Commission and its reviewing agencies.
(2) Pursuant to M.S. § 462.358, subd. 3b, an application for a preliminary plat shall be approved or denied by the City Council within 120 days from the date of its official and complete submission, unless an extension of the review period has been agreed to by the applicant.
(3) No preliminary plat shall be considered unless it is filed on an official application form with the Zoning Administrator. The request shall be considered as being officially submitted when all the information requirements are satisfied.
(4) A preliminary plat shall conform to the requirements of this chapter and all conditions set forth by the City Council, City Engineer and/or city staff.
(5) The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(B) Planning Commission review.
(1) Following the submittal of a complete application, the Planning Commission shall hold a public hearing on the preliminary plat request.
(2) Not less than ten days prior to the date of the public hearing, the city shall publish a notice of the hearing in the official newspaper and shall mail written notice of the hearing to the applicant and the owners of record listed in the office of the City Administrator of all land within 350 feet of the outer boundary of the preliminary plat.
(3) The failure to give mailed notice to individual property owners or defects in the notice shall not affect the validity of the proceedings or any action taken by the Planning Commission or the City Council.
(4) Following the public hearing, the Planning Commission shall provide a recommendation to the City Council stating its reason(s) that the preliminary plat be granted approval, be granted approval subject to certain conditions, or that the preliminary plat be denied. The recommendation shall be forwarded to the City Council and the applicant.
(C) City Council action; preliminary plat.
(1) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the preliminary plat application.
(2) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(3) The applicant shall be informed by the city in writing of the City Council's action, findings, and any conditions of approval.
(4) The applicant shall submit the final plat to the City Council within one year of the approval of the preliminary plat or approval of the preliminary plat shall be considered null and void.
(a) An applicant may request an extension of the preliminary plat approval for up to one year. At least three weeks prior to the expiration of the preliminary plat approval, the applicant may request an extension of the approval from the City Council for up to one year.
(b) For preliminary plats that are not anticipated to be final platted in full within one year, the applicant shall submit a phasing plan as part of the preliminary plat process to show how final plats for the project may be phased. If approved, the preliminary plat is valid for the time period approved in the phasing plan, up to five years. At least three weeks prior to the expiration of the phasing plan, the applicant may request an extension from the City Council for up to three years. Any phasing plan requires the applicant to enter into a development agreement with the city.
(5) Approval of a preliminary plat shall not constitute approval of the final plat.
(Ord. 2023-02, passed 5-9-23)