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Sample preliminary <br />plat ordinance <br />Semler Const., Inc. v. <br />City of Hanover, 667 <br />N.W.2d 457 (Minn. <br />Ct. App.,2003) ;, <br />Jordan Real Estate <br />Services, Inc. v. City <br />of Gaylord (Minn.Ct. <br />App., April 14, 2009) <br />(unpublished) . <br />Minn. Stat. § 462.358 <br />2a; Minn. Stat. § <br />462.358 3b <br />See Section V -B <br />Development <br />agreements. <br />Minn. Stat. § 462.358 <br />subd 3b <br />Minn. Stat. § 462.358 <br />subd 3b <br />LMCIT risk <br />management memo, <br />Public Hearings <br />It is important to note that a city has the most discretion in evaluating the <br />application against its ordinance requirements during the preliminary <br />approval stage. This is the time to impose conditions and address any and <br />all concerns the application may generate. The term "preliminary <br />approval" can be misleading, since it implies that the review is cursory or <br />limited in scope. This is not the case in the subdivision context. <br />The preliminary plat approval stage establishes the nature, design, and <br />scope of a development project. It sets the conditions or guidelines, in <br />large part, under which final plat approval can be obtained. After a plat is <br />preliminarily approved, changes should generally be limited to meeting <br />requirements imposed as a condition of approval and/or to meeting legal <br />requirements under city ordinance and state or federal law (where <br />applicable). <br />1. Conditional approval: Preliminary plats <br />A city may approve a preliminary plat along with conditions that must be <br />satisfied for final plat approval. Conditions for how the final subdivision <br />design will meet ordinance provisions often are quite specific. For <br />example: <br />• Requiring the developer to reduce the number of lots and provide for a <br />greater wetland buffer in the final plat. <br />• Requiring the developer to add sidewalks and develop a trail plan in <br />consultation with city staff. <br />• If any public improvements are to be installed by the developer, <br />requiring a development agreement between the city and the applicant. <br />Conditional approvals related to required public improvements and <br />development agreements are discussed in more detail V. <br />2. Partial approval: Preliminary plats <br />Cities may also provide for partial approval of a preliminary plat application. <br />For example, where a proposed subdivision includes multiple phases or is <br />otherwise large in scope, the city may grant preliminary approval to some <br />parts of an application, but deny others. <br />3. Public hearing requirements: Preliminary plats <br />The city must hold a public hearing on all subdivision applications prior <br />to preliminary approval, following publication of notice at least 10 days <br />before the hearing. <br />SUBDIVISION GUIDE FOR CITIES 19 <br />