Agenda - Planning Commission - 06/02/2011 - Special Jt Mtg w CC

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(1) The person aggrieved by the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of dedication, (2) Prior to the municipality's final decision on the application, the fee in lieu of dedication is deposited in escrow, and (3) The person aggrieved by the fee appeals under section 462.361, within 60 days of the approval of the application. If such an appeal is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the municipality. Because of statutory changes and recent scrutiny of the use of park dedication fees, a city that relies on such fees should carefully examine -- in consultation with the city attorney -- its ordinance provisions and make any changes necessary to comply with current law. Review parkland dedication requirements to make sure there is a logical connection between the amount of the dedication requirement and the purpose for which it is used. For example, the city should be able to demonstrate that each new lot that is approved necessitates X amount of new parkland. (See appended Sample Park Dedication Methodology.) Also, the city should take steps to separately account for parkland dedication fees and make sure they are not used for ongoing park "operation or maintenance." Subdivision Approval Process The subdivision statute generally requires cities to follow a two-step process in the administration of city subdivision regulations. First, the landowner applies for preliminary plat approval, and then subsequently for final plat approval. Preliminary Plat Approval During the preliminary approval stage it is important to note that a city has the most discretion in evaluating the application against its ordinance, as a city cannot generally require significant changes after preliminary approval. The city must hold a public hearing on all subdivision applications prior to preliminary approval, following publication of notice at least 10 days before the hearing. A subdivision application must receive preliminary approval or disapproval within 120 days of its delivery, unless the applicant agrees to an extension. If no action is taken, the application will be deemed approved after this time period. (Note that this 120 day period differs from the usual 60-day rule). Review of an application for a preliminary plat is a quasi- judicial determination, in which the city is tasked with determining whether the proposed subdivision meets the standards and the requirements of the city ordinance. // Sample Resolutions N View sample resolutions in: • Sample Resolution to Deny a Preliminary Plat: City of Shakopee • Sample Resolution to Approve a Conditional Use Permit: City of Shakopee They're available in the Land Use area of the League website at www.lmc.oru. An applicant must submit a plat that shows everything required by city ordinance. Because of the quasi-judicial standard, a city cannot generally deny an otherwise acceptable preliminary plat application for subdivision simply because the city council does not approve of the underlying j 5