(A) Preliminary plat. Before dividing any tract of land into two or more lots or parcels, the following procedure shall be followed.
(1) Submittal to the Planning Commission.
(a) A preliminary plat shall be submitted to the City Engineer at least ten days prior to the Planning Commission meeting at which the same shall be considered. The City Engineer shall accept the application for a preliminary plat only if within ten days after it is presented for acceptance, the Engineer determines that the preliminary plat meets the requirements of § 154.224 of this chapter; otherwise, the City Engineer shall not accept the preliminary plat and shall return it to the applicant. When shoreland is affected, the preliminary plat shall also be submitted to the Commissioner of the state’s Department of Natural Resources at least ten days prior to the Planning Commission meeting at which the same shall be considered. The City Engineer shall prepare a report thereon setting out whether or not the plat meets the requirements of state law, the code and the comprehensive guide plan. He or she shall present the report, together with his or her recommendations thereon, to the next meeting of the Commission following its filing with him or her as hereinabove set out.
(b) The Planning Commission shall consider the plat at the meeting at which it is submitted, and may consider the same at special or adjourned meetings as it shall determine are necessary. Prior to final consideration of the preliminary plat, the Planning Commission shall hold at least one public hearing thereon. Where applications for both a preliminary plat approval and a zoning district change, involving the same land, are pending at the same time, the issues may, at the option of the Planning Commission, be combined and heard at the same time.
(c) The Planning Commission shall have the authority to recommend approval or disapproval of the preliminary plat, to approve it with conditions attached and to disapprove it until and unless certain conditions are first complied with.
(d) Upon the making of its determination, the Planning Commission shall embrace the same within a motion, which shall include all conditions it requires for approval, or conditions upon which approval will be granted, and shall set forth the reasons for the approval given. A copy of the motion shall be sent forthwith to the subdivider and a copy thereof to the Council, together with the plat if it is approved, conditionally or otherwise.
(2) Submittal to the Council. The City Council shall either approve or deny an application for a preliminary plat within 120 days after the completed application is filed, unless the applicant agrees to an extension of this time. The failure of a vote to decide an appeal or approve an application shall not be deemed to be a denial of the application. A motion to deny the application must be adopted. The facts upon which the decision is based and the reasons for the decision shall be stated in writing at the time of the decision.
(a) Upon the adoption of the motion hereinabove provided by the Planning Commission, the plat shall come before the Council for review. Within ten days from approval of the preliminary plat by the Council, a copy of the preliminary plat will be forwarded to the Commissioner of Natural Resources.
(b) The Council may hold public hearings on the plat as it shall in, its discretion, determine, and upon the notice as it shall provide, as provided by M.S. § 462.358, subd. 3b, as it may be amended from time to time. Notice of the public hearing shall be published at least ten days prior to the hearing.
(c) The Council shall have authority to approve, disapprove, modify and amend the motion of the Planning Commission, and it may refer the same to the Planning Commission for further study. A referral to the Planning Commission shall not be deemed a final action thereon by the Council, and the Planning Commission shall report back thereon no later than 45 days following the Council meeting which it was referred.
(d) Upon final decision by the Council, it shall embrace its decision in a motion; provided, however, it may adopt the motion of the Planning Commission by reference.
(e) Upon decision by the Council, the City Administrator shall transmit a copy of the motion, or notice of adoption without change, to the subdivider.
(f) The approval of the preliminary plat shall not constitute an acceptance of the subdivision, but it shall be deemed to be an authorization to proceed with the preparation of the final plat.
(g) The approval of the preliminary plat by the Council shall be effective for a period of one year from the date of approval by the Council.
(h) The subdivider may file a final plat limited to the portion of the preliminary plat which he or she proposes to record and develop at the time; provided that, the portion must conform to all requirements of this chapter. If some portion, or all, of the final plat has not been submitted to the Planning Commission for approval within the time hereinabove provided, a preliminary plat must again be submitted to the Planning Commission and the Council for approval, unless the Commission and the Council shall waive this requirement.
(B) Approval of preliminary and final plat simultaneously. Where the developer has submitted all data required for both the preliminary and final plat, the Planning Commission, following a public hearing on the plat, may recommend to the Council approval of both the preliminary and final plat simultaneously. Upon the recommendation, the Council may follow the above procedure as when a final plat is submitted to it.
(2002 Code, § 7.73) (Ord. 325, effective 12-11-1965; Ord. 6, Third Series, effective 7-1-1979; Ord. 117, Third Series, effective 4-10-1985; Ord. 25, Fourth Series, effective 12-15-1991)