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NORTHWEST ASSOCIATED CONSULTANTS, INC. <br />5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 <br />Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com <br />MEMORANDUM <br />TO: Little Canada Planning Commission <br />FROM: Stephen Grittman <br />DATE: February 9, 2004 <br />RE: Little Canada — Subdivision Ordinance Amendments <br />FILE NO: 758.10 — 04.01 <br />Staff has continued to review the City's Subdivision Ordinance subsequent to the legal <br />issues raised by the Preserve development. Three additional Ordinance amendments <br />are being presented for consideration in an effort to ensure that the City has adequate <br />basis for plat denials where subdivisions are proposed with unusual features. These <br />three items are summarized as follows: <br />1. Add a clause to the code that lists specific reasons why a preliminary plat may be <br />denied, or rationale for adding conditions to an approval. Some of this was added in the <br />previous amendment, but a completely new section could be added that lists various <br />conditions under which the City would consider the plat to be counter to its development <br />policies. These might include failure to comply with Engineering recommendations, or <br />various other situations. By specifically listing these, we might be better protected from <br />a judge who says that we haven't specifically prohibited something, therefore it should <br />be approved. <br />2. Add a clause to the code, similar to that in the zoning ordinance, stating that designs <br />or materials that are not specifically addressed in the design standards section are <br />considered to be prohibited, except by express approval of the City Council. This clause <br />would grant us direct authority to prohibit any improvement, or deny any plat, that <br />includes designs that are not part of the code. <br />3. Add a clause to the code requiring that prior to submission of an application for <br />final plat, a revised preliminary plat (together with its component parts - grading, <br />drainage, utilities, etc.) be submitted for review and approval that is completely <br />consistent with all required conditions of the City Council's resolution. (One alternative <br />to this would be to not issue approvals with conditions - table preliminary plat approval <br />until all conditions have been complied with.) This would prevent the submission of a <br />