(A) Platting requirements. Full platting shall be required for all subdivision requests.
(B) Application.
(1) The subdivider shall make application to the City Administrator for a subdivision and pay the fees established herein. Prior to submitting a preliminary plat, a sketch plan may be submitted by the subdivider for review by the Director of Public Works/Parks and Recreation, Planning and Zoning Commission and others. The purpose of reviewing such sketch plans shall be to unofficially advise the subdivider of the extent to which the proposed subdivision conforms to this chapter. Such unofficial advice shall not constitute a waiver of rights or any statutory or ordinance requirement. The sketch plan, in order to be most useful, shall include the following information:
(a) Location and legal description;
(b) Name and address of owner, subdivider or any other party of interest;
(c) Whether land is registered or abstract property;
(d) Date, north point and scale;
(e) Streets within and adjacent to parcel(s);
(f) Property dimensions existing and proposed;
(g) Location of physical features and any structures; and
(h) Any additional information requested by the Planning Department or city staff deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision.
(2) At the time of application, the owner or subdivider shall indicate the proposed use of the property to be subdivided, and if such proposed use requires it, shall file a proper application for rezoning such property in accordance with Ch. 160 of this code of ordinances. No subdivision shall be approved unless and until the property has been rezoned in accordance with the proposed use thereof. When filing a subdivision application, the subdivider shall submit a title commitment or title opinion that establishes ownership of the land or other documents that meets the city’s satisfaction and show the parties of interest in the property to be subdivided.
(3) The application must include all contiguous land owned by the subdivider or owner, unless the application is a replat of property that has been previously platted. If only a portion of the property to be subdivided is planned to be presently developed, the remainder of the land may be platted as an outlot. The subdivider or owner must submit a schematic demonstrating how the property that is not currently planned for development could be developed consistent with the city’s regulations.
(C) Submittal of preliminary plat copies. Before any official action shall be taken by the city, the subdivider shall submit 15 copies of a preliminary plat of the proposed subdivision to the City Administrator. The preliminary plat shall be in such form and contain such information as required instate law or § 158.022 of this chapter.
(D) Review and comment submittals.
(1) Preliminary plats of subdivisions shall, for the purposes of review and comment, be provided to the Director of Public Works/Parks and Recreation, City Attorney and, if required by M.S. Ch. 505, as it may be amended from time to time, to the County Engineer and the state’s Department of Transportation. The County Engineer and the state’s Department of Transportation shall be afforded 30 days to provide comments.
(2) Preliminary plats of major subdivisions, which conform to the Local Water Management Plan, shall be submitted to the Rice Creek Watershed District for its review and comment, if required. Preliminary plats which do not so conform shall be revised by the subdivider according to the stipulations of the Planning and Zoning Commission and Director of Public Works/Parks and Recreation prior to submission to the Rice Creek Watershed District.
(E) Report of effect. After comments have been received from the authorities indicated in division (D)(1) above or 30 days has passed since requesting such comments, a report shall be prepared by the Community Development staff and submitted to the Planning and Zoning Commission with copies of the preliminary plat or surveyor’s certificate. The report will address how the proposed subdivision will affect traffic, utilities, drainage, community facilities, public safety, neighboring land uses, natural features, open spaces, the Comprehensive Plan and any other matters concerning public health, safety and welfare.
(F) Agenda. The Planning and Zoning Commission shall have the subdivision request on its agenda at its next regular meeting following receipt of the City Administrator’s report. The subdivider or a representative shall be present at this meeting.
(G) Planning and Zoning Commission recommendation. Upon receipt of the subdivision request and the staff report, the Planning and Zoning Commission shall recommend to the Council approval or disapproval of the subdivision. The Planning and Zoning Commission may withhold action to so recommend until the comments of the Rice Creek Watershed District have been received.
(H) Public hearing. Preliminary plats of subdivisions shall require a public hearing. The Council shall conduct such hearing upon receipt of the Planning and Zoning Commission recommendation. The City Administrator shall cause notice of the hearing to be published in the official newspaper at least ten days prior to the hearing.
(I) Council approval or disapproval. The Council shall, within 120 days of receipt of a completed application, approve or disapprove the preliminary plat of a subdivision regardless of whether it received a Planning and Zoning Commission recommendation. The Council shall consider this recommendation and any comments or objections brought forth during the public hearing or by the city’s consultants or other public agencies.
(J) Denial of preliminary plat. If the Council does not approve the preliminary plat or surveyor’s certificate, the reasons for the action shall be recorded in the proceedings and transmitted to the applicant subdivider.
(K) Amendments to preliminary plat. If the subdivider wishes to amend the preliminary plat of a subdivision as approved or disapproved by the Council, the subdivider may submit an amended plat which shall follow the same procedures, except the public hearing unless the amendment is, in the opinion of the Council, of such scope as to constitute a substantial change in the plat.
(L) Approval of preliminary plat. If the preliminary plat of a subdivision is approved by the Council, the subdivider may begin preparation of the final plat. Preliminary approval does not constitute waiver by the Council of any statutory, ordinance or other rights.
(Prior Code, § 1202.01) (Ord. 548, passed 09-24-1994; Ord. 792, passed 05-29-2007; Ord. 844, passed 05-20-2010; Ord. 860, passed 10-06-2011; Ord. 972, passed 02-10-2020)