2002-09-05 Memorandum Final Plat Approval
MEMORANDUM
TO: ALBERTVILLE CITY COUNCIL; LINDA GOEB, CITY
ADMINISTRATOR
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: TOWNE LAKES SECOND ADDITION FINAL PLAT
APPROV AL.
DATE:
SEPTEMBER 5, 2002
/
At the most recent City Council meeting, the City Council initially denied
the rezoning necessary to grant approval to Towne Lakes Second Addition final
plat, requesting as an alternative that the plat be reconfigured with wider streets
and other significant changes. That motion was subsequently rescinded and the
matter tabled until the September 16th meeting. Denial of rezoning will effectively
be a denial of the final plat since the plat can only conform to a PUD zoning. I
have researched under what grounds, if any, the City could deny the final plat or
require significant modifications to the preliminary plat. It is my opinion that the
City cannot deny final plat approval under the applicable laws.
In general, approval of a preliminary plat grants the applicant property
rights in the preliminary plat. Under Minn. Stat. ~ 462.358, Subd. 3b, the City
must approve the final plat after granting preliminary plat approval if the applicant
has complied with all conditions and requirements upon which the preliminary
plat was based. The applicant is deemed to have.met the conditions of the
preliminary plat if it executes a developer's agreement obligating it to perform the
conditions of the preliminary plat approval. If the City fails to grant plat approval
within 60 days of the conditions being met, the final plat shall be deemed finally
approved, and upon demand the City must execute a certificate to that effect. In
short, final plat approval is automatic if the City refuses to approve a final plat that
complies with all preliminary plat conditions.
Given this state of the law, it is very likely that a developer who has offered
to execute a developer's agreement and put up the necessary security would
prevail in litigation against the City. Depending upon how the litigation was
initiated, the City may be liable for damages and/or may end up with the Court
ordering the approval of the final plat without a Developer's Agreement being
executed. In the later case, the City would have no practical way to enforce the
conditions of its preliminary plat approval.
In my opinion, there simply is no room for the City to require the
Developer to significantly change the configuration of the Town Lakes Second
Addition portion of the preliminary plat or the conditions of preliminary plat
approval as a condition of granting final plat approval. I am aware of no condition
of preliminary plat approval which would not be met upon execution of the
Developer's Agreement for this plat. Accordingly, I recommend that the City
Council approve the final plat and the required rezoning of the Town Lakes
Second Addition property at the earliest available time.