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6.3. SR 01-22-2008~~~ City of Elk -a-~ River REQUEST FOR ACTION To Item Number Ci Council 6.3. Agenda Section Meeting Date Prepared by Community Development January 22, 2008 Jeremy Barnhart, AICP Plannin Mana er Item Description Reviewed by Request by City of Elk River for Ordinance Amendment Regarding Subdivision Approval, Case No. OA 08-01 -Public Reviewed by Hearing Action Requested Approval of Ordinance Amendment regulating approval of a final plat. Background/Discussion The City Council has received a number of requests to extend the approval of a preliminary plat. The ordinance requires a subdivider file a final plat application within one year from the date of approval. If by that date they have not, they may either request an extension or allow their plat to expire, making their preliminary plat approval null and void. In reviewing the policy associated with granting extensions, the Council noted that a 1 year timeframe in which to apply for a final plat appeared inadequate, and felt a 2 year period more appropriate, and directed staff to prepare an ordinance. Financial Impact N/A Planning. Commission Discussion The Planning Commission did not feel that an extension to the timeline was necessary. They generally felt that giving an applicant 1 year to submit a final plat as an appropriate amount of time. The Planning Commission felt that removing the phasing condition was appropriate. Public Comment No Public Comments were received, either in support or opposition to the proposed language amendment. Attachments • Staff Report to Planning Commission dated January 8, 2008. Ordinance amending section 30-374 relating to approval of final plat ACtlon Motion by Second by Vote C:\Documents and Settings\jmiller\Local Settings\Temporary Internet FIles\OLK3E\CC memo Preliminary Plat extention 1-22-08 (2).doc Follow Up C:\Documents and Settings\jrnillex\Local Settings\Temporary Internet Files\OLK3E\CC memo Preliminary Plat extention 1-22-08 (2).doc REQUEST FOR ACTION ~~ '` ~. To Item Number Plannin Commission 5.3. Agenda Section Meeting Date Prepared by Planning Items January 8~', 2008 Jeremy Barnhart, AICP Plannin Mana er Item Description Reviewed by Request by City of Elk River for Ordinance Amendment Regarding Subdivision Approval, Public Hearing -Case No. Reviewed by OA 08-01 Action Requested Approval of Ordinance Amendment regulating approval of a final plat. BackgroundlDiscussion The City Council has received a number of requests to extend the approval of a preliminary plat. The Ordinance requires a subdivider 1 year from the date of approval to file a final plat application. If by that date they have not, they may either request an extension, or allow their plat to expire, making their prelminary plat approval null and void. In reviewing the policy associated with granting extensions, the Council noted that a 1 year timeframe in which to apply for a final plat appeared inadequate, and felt a 2 year period more appropriate, and directed staff to prepare an ordinance. Financial Impact None. Attachments Draft Ordinance Action Motion by Second by Vote Follow Up S:\pLANNING\Case Files\OA\OA OS-Ol City of ER PP Extend\PC pzeliminary plat eactention 1-8-08.doc ORDINANCE 08- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30- -1-5~-3-374 OF THE ELK RIVER CITY CODE RELATING TO APPROVAL OF FINAL PLAT. The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 30 -374 (a~ of the Elk River City Code regulating approval of Final Plat, shall be amended to read as follows: Sec. 30-374. Approval of final plat. (a) Following approval of the preliminary plat, the subdivider may file an application for approval of a final plat for all or a portion of the preliminary plat. The application shall be on a form required by the city and shall be accompanied by s~four copies of the final plat prepared by a land surveyor duly registered in the state. Failure of the subdivider to submit the final plat within ens-two years, unless a written request for extension has been submitted and for good cause granted by the council, shall cause the preliminary plat to become null and void. However, the subdivider may continue to final plat a phase of the approved preliminary plat within ene-two years of each phase in order to extend valid approval of the preliminary plat. T~- " ^~+,~° rt,^ ^~+i,° °a ,. °t; rit~+ ar` v+° o~siom Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 22"d day of January, 2008. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk