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Municipal Planning Act, codified as M.S. 462.351 to 462.364. <br />M.S. 462.358, Subd0 3c provides in part: <br /> <br />Subd. 3c. Effect of Subdivision Approval. For one year <br />following preliminary approval and for two years follow- <br />ing final approval, unless the subdivider and the <br />municipality agree otherwise, no amendment to a compre- <br />hensive plan or official control shall apply to or affect <br />the use, development density, 1.~t size, lot layout or <br />dedication or platting required or permitted by the <br />approved application. (emphasis added) <br /> <br />Apple Ridge received preliminary plat approval on June 24, 1997. <br />Therefore, because of the above cited State Statute, its developer <br />has until June 24, 1998 to file the final plat. Then the developer <br />has two years from final plat approval or until June 24, 2000 <br />during which time the City is prohibited by statute from applying <br />new zoning/ subdivision performance standards. The Charter <br />Amendment does regulate density and lot size. <br /> <br />It is anticipated that Regency Pond 3rd will receive final plat <br />approval on October 14, 1997. Under State law above cited, similar <br />to Apple Ridge, the City may not apply new zoning/subdivision <br />performance standards to this plat for two years or until October <br />15, 1999. Application of the Charter Amendment to this plat would <br />violate the State law above cited. <br /> <br />Notwithstanding.the above discussion, a significant legal issue is <br />presented: that is, does M.S. Chapter 462 pre-empt or take <br />precedence over the Charter Amendment? There is evidence that it <br />does. M.S. 462.351 in its statement of policy states in part, "It <br />is the purpose of Sections 462.351 to 462.364 ~o provide municipal- <br />ities, in a sinqle body of law, with the necessary powers and <br />uniform procedure for adequately conducting and implementing <br />municipal planning." (emphasis added) M.S. 462.352 in providing <br />definitions for terms in Chapter 462 defines a "Municipality" as <br />any city, .includinq a city operating, under a home rule charter, and <br />any town. (emphasis added) <br /> <br />I have not yet completed by research on this very significant pre- <br />emption issue. When that is completed, I will give you my final <br />opinion and recommendation as to how to proceed. <br /> <br />council Action: <br /> <br />Review and discuss the attached Plat Status Chart, and review and <br />discuss with city Attorney his"0~ini0n regarding vested rights and <br />the pre-emption issue. <br /> <br />Review Checklist: <br /> <br />Acting city Administrator <br />Zoning Administrator <br /> <br /> <br />