The Wayzata City Council voted 4-1 (MacDonald opposing) on September 23 to approve the preliminary plat for Ferndale Bluffs at 565 Ferndale Road West, reversing its April denial. In contrast to April’s decision, council members proceeded directly to the vote without any discussion.
Applicant Draycott DST has been working for years to subdivide its 11.67-acre parcel into three single-family lots with a new access road. The Planning Commission recommended approval in February by a 6-0 vote. But in April, the City Council rejected the request on a 3-2 vote, citing concerns about grading, tree removal, and the disruptive effect of a new public roadway.
That denial did not end the matter. Shortly after, the applicant filed suit against the city (Dray Trustee LLC v. City of Wayzata), arguing that the project met city code. While the lawsuit was pending, the Council adopted Ordinance 853, amending Wayzata’s subdivision code to allow lower-impact roadways in small subdivisions. The ordinance created new flexibility for narrower right-of-way, steeper grades, and private roadway options, provided state fire code is met.
With that ordinance in place, the project returned to the Council under Resolution 36-2025. The resolution grants preliminary plat approval, contingent on the applicant amending its plans to conform to the new roadway standards.
What was notable Tuesday night was not the outcome but the silence. Council members offered no discussion before voting to approve. The lack of debate stood in contrast to the hours of deliberation in earlier meetings, and it underscored what many observers saw as a legal reality: the applicant’s lawsuit may well have prevailed in court had the Council not reconsidered.
What’s the Difference Between a Preliminary and Final Plat?
Preliminary Plat
- Concept-level approval showing how land will be divided and accessed.
- Conditions can be attached that must be met before moving forward.
- Approval allows the project to advance, but construction cannot begin.
Final Plat
- Detailed engineering, grading, and utility plans completed.
- Must comply with all conditions from preliminary approval.
- Includes a binding development agreement with the city.
- Only after final plat approval and recording can lots be sold or built upon.
Bottom Line:
The September 23 vote advances Ferndale Bluffs, but it is not the last word. The project must return to the Council for final plat approval before any development can proceed. Watch for the final plat to be approved in the future.
