Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: LMC in formation memos, Taking the Mystery Out of Findings of Fact. Minn. Stat. § 462.35 8 subd. 3 c. Semler Const., Inc. v. City of Hanover, 667 N.W2d457 (Minn. Ct. App.2003). Henning v. Village of Prior Lake, 435 N. W.2d 627 (Minn. Ct. App. 1989). The best process for ensuring similar treatment among applicants is to establish standards in the ordinance and to provide that if standards are met, the subdivision application must be granted. An application may generally only be denied for failure to meet the standards in city ordinances. A reviewing court will overrule a quasi-judicial city subdivision decision if it determines that the decision was arbitrary (failed to treat equally situated applicants equally or failed to follow ordinance requirements). E. Importance of documentation of city decisions on applications City decisions on subdivision applications, just like zoning decisions, may result in a lawsuit challenging the city's approval or denial of the application. Documentation of the city's basis for denials and approvals is essential to defending the city's decision in a court of law. F. Effect of Approval For a period of one year after approval of a preliminary plat and two years after final approval of a plat, amendments to the city's comprehensive plan and official controls cannot alter or affect the approved development's: • Use. • Development density. • Lot size. • Lot layout. • Dedications or platting required or permitted by the approved plat. Cities and developers may mutually agree to alterations within these time periods. Cities may also agree by resolution or written agreement to extend these one- and two-year timelines for planned and staged developments. Once a city has agreed to an extension, it may not unilaterally revoke the extension. Cities may place conditions on such extensions. Where a subdivision has been granted preliminary approval, but final approval has not been applied for in one year, or where final approval is granted, but the development is not completed within two years, the city may request that a developer submit a new subdivision application. Cities may not request a new application where: • Substantial development and investment have occurred in reliance on the approved preliminary or final plat. • The developer will suffer substantial financial damage as a result of the requirement to submit a new application. In these instances, a city may still require the developer to submit to any applicable conditions and requirements as a prerequisite to an extension. League of Minnesota Cities Information Memo: 4/15/2014 Subdivision Guide for aties Page 20