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Commission recommends City Council approve change to plat/subdivision filing rules in Chapter 23
Summary
The commission voted 4-0 to recommend a text amendment to require public improvements or a development agreement and performance guarantee before a final plat can be filed for any subdivision, removing a prior distinction that allowed residential plats to be filed before improvements were accepted.
The Stillwater Planning Commission on March 25 recommended the City Council approve a text amendment to Chapter 23 of the Land Development Code that would require public improvements or an enforceable development agreement before filing a final plat for any subdivision.
David Barth of Development Services told commissioners that current code treats residential subdivisions differently from commercial ones. “Before a final plat can be filed for a commercial subdivision that the improvements ... must be constructed and accepted by the city or the developer must enter into a development agreement with the city and provide a performance guarantee,” Barth said, summarizing the existing language and the proposed change to extend the requirement to residential subdivisions as well.
Barth said the existing residential exception has allowed final plats to be recorded without the required improvements in place, leaving buyers with lots that may lack streets, water or sewer connections. The proposed amendment would either require construction and acceptance of public improvements or a development agreement with a performance guarantee prior to filing the final plat.
No public speakers registered in favor or opposition. Staff recommended the commission forward the amendment to the City Council with a favorable recommendation. A commissioner moved to recommend approval; the motion passed 4-0.
