3C - Ordinance Amendment Regarding Review Responsibility for Final Plats

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STAFF REPORT Application: Ordinance Amendment Regarding Review Responsibility for Final Plats Applicant: City of Pequot Lakes Agenda Item:3(c) Background: In review of the Land Use Ordinance, the City Attorney has brought to Staffs attention a portion of the Ordinance that is inconsistent with Minnesota Statutes. Specifically, Minnesota Statutes,Section 462.358,Subdivision 3b contains the following: Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. Subdivisions including lands abutting upon any existing or proposed trunk highway, county road or highway, or county state-aid highway shall also be subject to review. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. [emphasis added] The City's Ordinance currently delegates final subdivision approval to the Planning Commission,with the City Council have preliminary subdivision approval authority. Regarding subdivision applications, according to Statute, the Planning Commission may only have review authority for approval or disapproval of a final plat, but may not have final authority on final plats. Planning Commission Direction: The Planning Commission may recommend that the City Council approve or deny the recommendation for an ordinance amendment. The Planning Commission, with input from the public, may also amend the recommended amendment language prior to making a recommendation to the Council. Staff Recommendation: The Staff recommends the following amendments to the Pequot Lakes Land Use Ordinance(additions are underlined,deletions are stricken): In Section 11.3,amend Subdivision 2(B)as follows: B. To decide within the required time frame the following: 1. Recommendations to the City Council regarding requested Zoning District boundary changes or amendments to the Ordinance. 2. To review and provide recommendations to the City Council on preliminary plats and rfinal plats. In Section 11.5,amend Subdivision i(C)as follows: C. To decide within the required time frame the following: City of Pequot Lakes Staff Report 3-1 August 16,2007