HomeMy WebLinkAboutPlanning Commissioner Training - Work Session 4 ROSEMOUN 1 EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Work Session: April 8, 2014
AGENDA ITEM: Planning Commissioner Training AGENDA SECTION:
Discussion
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO.
ATTACHMENTS: Training PowerPoint Slides; Zoning and
Planning 101; City Council 2013-2014 APPROVED BY:
\(J/
Goals
RECOMMENDED ACTION: None.
SUMMARY
The City has appointed two new Planning Commissioners, Ryan Forster and Melissa Kenninger. Sarah
Sonsalla, from the City's legal consultant Kennedy and Graven,will be lead the Planning Commission
through a presentation of legal responsibilities of the Planning Commission and how they are one of a
number of committees and commissions that assist the City Council. While the training is constructed as
an introduction to the new Planning Commissioners,all Planning Commissioners will find the training
informative.
Attached to this Executive Summary are three items for discussion. First,is a training PowerPoint that
Ms. Sonsalla will present. Second,is a Zoning and Planning 101 handout that describes the legal authority
of the Planning Commission. Third,is the City Council's Goals for 2013-2014 to show the items that the
City Council is interested in pursuing in the near future. Feel free to ask questions about any attachments
during the training session.
RECOMMENDATION
None.
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• • • •
ZONING AND PLANNING 101:
INTRODUCTION TO BASIC PRINCIPLES
Prepare for the Rosemount Planning Commission
Sarah J. Sonsalla, Attorney, Kennedy& Graven, Chartered
Authority of Cities to Zone Property: Where Does It Come From?
A. Constitutional Basis—Euclid v. Ambler Realty Co., 272 U.S. 365 (1926).
The United States Supreme Court held in Euclid that government could lawfully
adopt zoning regulations that restrict the use of property. The validity of such
regulations is based upon the police power of the government, if it is used for the
public welfare.
B. Statutory Basis.
Minnesota cities are authorized to plan and adopt zoning regulations and charge
fees pursuant to the Municipal Planning Statute, Minnesota Statutes Chapter 462.
Three planning tools that the statute gives to cities are:
1. The authority to adopt comprehensive plans.
Section 462.355 of Minnesota Statutes requires cities to adopt a
comprehensive plan. The comprehensive plan "represents the planning
agency's recommendation for the future development of the community. "
Minn. Stat. § 462.352, subd. 5 (2012).
2. The authority to zone property.
Minnesota Statutes Section 462.357, subdivision 1 grants the city the
authority to adopt zoning ordinances. It specifies the subjects that can be
regulated to promote the public health, safety, and welfare, which include:
" . . . the location, height, bulk, type of foundation, number of stories, size
of buildings and other structures, the percentage of lot which may be
occupied, the size of yards and other open spaces, the density and
distribution of population, the uses of buildings and structures for trade,
industry, residence, recreation, public activities, or other purposes, and
the uses of land for trade, industry, residence, recreation, agriculture,
forestry, soil conservation, water supply conservation, conservation of
shorelands, ... access to direct sunlight for solar systems ...,flood control
or other purposes... "
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3. The authority to adopt subdivision regulations.
Minnesota Statutes Section 462.358 grants cities the authority to enact
subdivision regulations.
C. Ordinances: Implementation of the Authority to Zone
Through the adoption of ordinances, the city implements its authority to plan and
zone, consistent with the constitutional and statutory requirements.
II. Planning Commission
A. Organization and form.
Section 2-1-1 of the Rosemount City Code establishes a planning commission
which consists of up to five members appointed by the city council. The
commission is advisory to the city council on most matters, but when acting as the
board of appeals and adjustments, deciding variance requests, or in reviewing site
plans, the commission's decisions are final unless appealed to the city council.
City Code, §§ 11-12-1 and 11-12-3. The city's community development staff
provides staff services to the planning commission.
B. Duties.
The planning commission must perform the duties required of planning agencies
under state law and as specified in city ordinances. Those duties include:
- To prepare and update the comprehensive plan for city council
consideration; to periodically review the plan and recommend
amendments when necessary. Minn. Stat. § 462.355, subd. 1; City Code §
2-1-4.
- To conduct at least one public hearing on the comprehensive plan or any
amendment thereof. Minn. Stat. § 462.355, subd. 2.
- To study and recommend to the city council reasonable and practicable
means for implementing the comprehensive plan, such as the adoption of
zoning ordinances, subdivision ordinances, capital improvement
programs, etc. Minn. Stat. § 462.356, subd. 1.
- To review proposals for the acquisition, disposal or capital improvement
of publicly owned land and report findings to the council concerning
conformance to the comprehensive plan. Minn. Stat. § 462.356, subd. 2.
- To conduct public hearings on proposed zoning ordinances or
amendments thereto. Minn. Stat. § 462.357, subd. 3; City Code § 11-10-
11
- To make recommendations to the city council regarding proposed zoning
ordinances (upon instruction by the city council). Minn. Stat. § 462.357,
subd. 4; City Code § 11-10-11.
2
To serve as the board of appeals and adjustments, including deciding
appeals from decisions made by an administrative officer. City Code §
11-12-1; Minn. Stat. § 462.3 75, subd. 6.
To hear and grant requests for variances as the board of appeals and
adjustments. Minn. Stat. § 462.357, subd. 6 (2); City Code § 11-12-1.
To conduct hearings on conditional use permit applications and interim
use permit applications and make recommendations to the city council.
Minn. Stat. § 462.3595; City Code §§ 11-10-7, 11-10-8.
- To review and comment on concept plans. City Code § 11-10-3.
- To hold public hearings on and approve site plans. City Code § 11-10-3.
- To prepare and recommend official maps to the city council. Minn. Stat. §
462.359, subd. 2.
- To hold public hearings on proposed plats and make recommendations to
the city council. Minn. Stat. § 462.358, subd. 3b; City Code § 12-2-2.
C. Information to be relied upon.
In performing the above duties, the planning commission must rely upon and
make its decisions in accordance with the city's comprehensive plan, state statutes
and the city's current zoning and subdivision ordinances. The planning
commission is not authorized by state law or the city code to be able to make new
policy in order to arrive at its decisions.
III. Other City Boards and Commissions.
A. Parks and Recreation Commission.
The Parks and Recreation Commission advises the city council in the acquisition
and maintenance of parks, playgrounds, and other public lands. It makes
recommendations to the city council regarding expansion and plans for the
development of the city park and recreation system, any desired regulatory
ordinances, and any other matters related to the city's park and recreation system.
B. Port Authority.
The Port Authority encourages and carries out economic development and
redevelopment within the City, acting as the development authority on behalf of
the City's interest to increase the tax base, promote new job development, and
enhance the health, safety and welfare of the City's residents. The Port Authority
is a separate entity from the City.
C. Utility Commission.
The Utility Commission is an advisory board to the City Council that helps
review infrastructure development; reviews operating budgets for water, sewer,
sanitary sewer, and storm sewer; and reviews a consultant's study on rates every
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five years. The Commission also handles residents' concerns on water and sewer
matters.
D. Youth Commission.
The Youth Commission provides the youth of the City with a leadership
opportunity, to participate in government, and to represent and articulate the
needs of youth (ages 14-18) in the City. It is an advisory board to the City
Council.
IV. The.Comprehensive Plan
A. What it is and how the city adopts it.
The comprehensive plan is a "compilation of policy statements, goals, standards,
and maps for guiding the physical, social and economic development, both
private and public, of the municipality ... ". Minn. Stat. 462.352, subd. 5. It
includes several elements, including a land use plan, transportation plan, and
community facilities plan. In the metropolitan area, the comprehensive plan must
provide guidelines for the timing and sequence of the adoption of official controls
to ensure `planned, orderly, and staged development and redevelopment
consistent with the comprehensive plan. " Minn. Stat. 473.858, subd. 1.
B. Process for adopting and amending the comprehensive plan.
1. Plan preparation. Typically, the planning commission, with the assistance
of staff, prepares the comprehensive plan. The city council, however, may
propose a comprehensive plan or amendments to the comprehensive plan
by resolution.
2. Public hearing(s). The planning commission must hold at least one public
hearing on the plan or any amendment to the plan before adopting the plan
or any section or amendment of the plan. The notice of the public hearing
must be published once in the official newspaper at least 10 days prior to
the hearing.
3. Metropolitan Council Review. In the metropolitan area, cities must
submit their proposed plans to the Metropolitan Council following
approval of the planning commission and after consideration but before
final adoption of the plan by the city council. The Metropolitan Council
reviews the plan for consistency with metropolitan system statements.
Metropolitan cities' comprehensive plans must be consistent with the
metropolitan system statements.
4. Adoption. To adopt the comprehensive plan or amendments to the plan,
the city council must approve the plan or amendment by a two-thirds
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majority vote. The council cannot adopt the plan or amendments until it
has received the planning commission's recommendation or until at least
60 days have passed from the date that the city council proposed an
amendment to the planning commission.
C. Effect of the comprehensive plan.
The comprehensive plan is the policy statement for the future development of the
city. In the metropolitan area, however, cities are required to take steps to ensure
that their official controls (subdivision ordinances, zoning ordinances, capital
improvement programs, etc.) do not conflict with the comprehensive plan. If
inconsistencies exist, cities must either amend the plan or amend their official
controls to remove the inconsistencies. Metropolitan cities may not adopt any
fiscal device or official control that is in conflict with their comprehensive plans
or that permit activity in conflict with metropolitan system plans.
V. Judicial Review of Zoning Decisions
A. General: Courts review cities' zoning decisions to determine whether they are
reasonable under the facts and circumstances. A zoning decision will not be
overturned if there is a reasonable basis for the decision. Courts will overturn
decisions that are arbitrary or capricious—based on"whim or caprice."
B. Zoning and Rezoning:
1. Zoning and rezoning is a legislative act.
The City is formulating public policy.
Courts give cities greater latitude in this area.
2. Zoning decisions by a city must be upheld unless it can be shown that the
classification is not supported by any rational basis relating to promoting
public health, safety, or welfare, or that it amounts to a taking of the
property without just compensation.
3. It is insufficient for a property owner to show only that the property has
been devalued through a zoning change, or that the property would be
more valuable in another classification.
4. If a proposed rezoning conforms to the comprehensive plan, denial will be
considered arbitrary, unless reasons are articulated to show that the
proposed rezoning did not conform to the plan in all respects (e.g., timing
is premature) or circumstances have changed so that the comprehensive
plan no longer reflects the City's vision and the plan requires amendment.
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VI. Conditional or Interim Use Permits and Variances.
A.
B.
Quasi-Judicial Zoning Act — The city applies the ordinance standards to a
particular use.
Conditional Use Permits — Standard is governed by the ordinance criteria, as
public policy is established by it.
1. Follow ordinance criteria— public health, safety, and welfare are assumed
to be incorporated in the ordinance.
2. Examine the facts to see that there is compliance with the ordinance. If
the ordinance is satisfied, or can be complied with by the imposition of
conditions, the permit should be issued.
3. When a zoning ordinance expressly authorizes a proposed use by
conditional use permit, denial must be for reasons relating to public health,
safety, and general welfare, using the ordinance criteria as a guide.
C. Interim Use Permits — Standard is governed by the ordinance criteria, as public
policy is established by it.
1. The city may grant an interim use permit if the interim use conforms to the
city's zoning ordinances, there is an identifiable termination date or event
and the user agrees to conditions deemed appropriate by the city.
2. There should be a time limitation placed on the interim use permit. It
should cease on a date certain, upon the occurrence of a specific event or
until zoning regulations no longer permit it.
D. Variances. The standard for granting or denying a variance is governed by the
criteria set forth in state statute and the ordinance.
1. Variances, by definition, are the exception to the rule. If you find that you
are often granting variances from a particular zoning provision, you might
consider re-examining the usefulness of the rule rather than granting
multiple variances.
2. The standard for granting variances changed as the result of legislation
passed in 2011. Owners are no longer required to show "undue hardship"
but must show there are "practical difficulties" in complying with the
zoning ordinance. "Practical difficulties" means the owner proposes to
use the property in a reasonable manner that is not permitted by the
ordinance; the owner's plight is due to circumstances unique to the
property and not caused by the owner; and the variance, if granted, will
not alter the essential character of the locality. The variance must be in
6
harmony with the general purposes and intent of the ordinance and must
be consistent with the comprehensive plan. Economic considerations
alone do not constitute a practical difficulty. Conditions may be imposed
on variances, but the conditions must be directly related to and bear a
rough proportionality to the impact created by the variance.
VII. Procedure before Planning Commission and Council
A. Not only are the planning commission's proceedings reviewed by the city council
and used in making its decision on an application, but they are also relied upon by
a court in legal action against the city.
B. While new evidence can be submitted at trial, additional evidence can be offered
only where there is good cause why the evidence was not submitted to the city.
C. Cases require both the city and landowner or developer to "lay their cards on the
table" so the city can make a decision with all information available.
If additional time is needed to respond to issues raised, table the matter to
allow for the presentation of all of the evidence, whether this is from the
city, the landowner, the developer, or opponents of an application. Caveat:
remember that you must comply with the 60-day law.
D. The procedure requires that the planning commission and the city council be
thoroughly prepared for the hearing on the request.
1. Allow all parties to fully present information.
2. Thoroughly study and review the city staff reports.
3. Actively participate in the discussion.
4. Know and state the reasons for granting or denying the request.
5. Articulate the reasons for a decision (each commissioner should articulate
his or her specific reasons for voting the way that he or she voted (even if
the reasons are similar)). This is not only helpful to a court, but also helps
the city council understand the issues that the planning commission
reviewed and how it arrived at its decision.
E. What not to do at the hearing on the request.
1. Do not make off the cuff comments that could damage the city's position.
2. Do not shoot from the hip in stating reasons for denial.
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3. Do not make a quick decision if new evidence comes out at the hearing.
The matter can be tabled to prepare a thorough response to new matters
raised by the applicant or the parties opposing the application, subject to
compliance with the 60-day law, of course.
F. Do not pre judge applications or demonstrate bias on quasi-judicial matters. In a
recent decision, the Minnesota Court of Appeals determined that the City of
Minneapolis had acted arbitrarily and capriciously in denying applications for a
conditional use permit and variances, where one of the council members had
"exhibited a closed mind" and "adopted an advocacy role in opposition to the
project" before the application had even been heard. The court required the City
to conduct new hearings and to render a decision without the participation of the
biased council member.
G. Voting.
1. If a tie vote occurs and the decision is one where the planning commission
is acting in an advisory capacity (i.e providing recommendations on
proposed plats, concept plans, conditional use permits, zoning ordinance
amendments, etc.), the item may proceed to the city council. The city
council should be advised that a tie vote occurred.
2. If a tie vote occurs and the decision is one where the planning commission
is acting as the board of appeals and adjustments, or is reviewing a site
plan, the motion fails. In this case, the commission chair should first
inquire as to whether there are any other motions to be offered. If no other
motions are made, the chair should declare that the application is denied (a
failure to gain enough votes in favor of an application constitutes a
denial).
VIII. Commonly Heard Arguments.
A. "The decision being made will reduce the value of my property and result in a
taking."
Thumbnail sketch of takings law. A regulation adopted by a state or political
subdivision constitutes a"regulatory taking" in two situations:
1. A categorical taking occurs if the regulation destroys the entire value of
the property. In such a case, the city must compensate the property owner.
2. In those instances where a regulation diminishes, but does not destroy, the
value of property, a taking can still occur based on the facts and
circumstances of each case. In making this type of determination, courts
look at such things as: (a) the nature of the regulation; (b) the extent to
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which the regulation impacts the value of the property; and (c) the
legitimate investment-backed expectations of the property owner.
B. "If you make this decision you will be setting a `precedent."' It is important to
treat similarly situated properties similarly. In most instances, differences exist
between zoning applications that may justify different treatment. Courts also
recognize that circumstances change with the passage of time, and time alone may
be a sufficient basis (from a legal perspective) to distinguish two different
applications. As a practical matter, it is important to articulate reasons and the
factual basis for making zoning decisions, so that distinguishing facts are
identified in the planning commission and city council records.
IX. The 60-Day Rule
A. Decisions subject to the 60-day rule. The 60-day rule applies to written requests
for a permit, license or other government approval related to zoning, septic
systems, or the expansion of the Metropolitan Urban Service Area. This means it
applies to requests for rezoning, conditional use permits, interim use permits,
variances, and probably comprehensive plan amendments. It does not apply to
subdivision approvals, which have their own specific time limits.
B. Starting the Clock. The 60 days do not begin to run until a completed application
is received. However, the law deems any application to be complete (at least for
purposes of starting the clock) unless the city within 15 business days after receipt
notifies the applicant that the application is not complete and specifies what
information is missing.
C. Extensions of the 60-day Period.
1. The 60 days is automatically extended if a state or federal law or a court
order requires a process to occur before the city acts on the request.
(example: in cases where an environmental assessment worksheet (EAW)
or environmental impact statement (EIS) is required). In that case, the
deadline is extended until 60 days after the process is completed. (e.g., 60
days after a determination that an EIS is adequate). Similarly, the time
limit is extended if the application requires prior approval of a state or
federal agency; the deadline is then extended to 60 days after the required
prior approval is given.
2. The city can extend the deadline for an additional 60 days by giving
written notice to the applicant before the initial 60-day period expires.
The written notice must give a reason for the extension and the length of
the extension. There is some inconsistency in the court decisions as to
what type of reason will justify an extension: one court decision indicated
any reason is sufficient, and another indicated that only exigent
circumstances warrant an extension.
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3. The city can extend the deadline for more than an additional 60 days, if
the applicant agrees. It is preferable, but not required, to get the
applicant's consent to such an extension in writing.
D. Effect of Missing the Deadline. An application that is subject to the 60-day law is
automatically approved unless the city approves or denies the application within
the 60-day period or extended period. If the application is denied, the city must
state the reasons for denial on the record and provide the applicant with a written
statement of the reasons for denial before the 60-day period expires. The written
statement must be adopted at the same meeting where the decision is made or at
the next meeting, but before applicable period expires. Resolutions with written
findings should be used on applications subject to the 60-day law.
E. Planning Commission and Council Action. Both the planning commission and
the city council must act on an application within the 60-day period. The clock
does not start over after the planning commission. This includes variances and
appeals from variance decisions.
X. Open Meeting Law.
A. Planning commission meetings must be open to the public pursuant to the Open
Meeting Law, Minnesota Statutes Chapter 13D.
B. A meeting occurs when a quorum or more meets to discuss planning commission
business, even if no decision is made.
C. E-mail discussions can be considered meetings in some circumstances. If a
quorum or more of the planning commission participates in the discussion, it
could violate the Open Meeting Law.
D. Penalties for violation of the Open Meeting Law include loss of office, monetary
penalties, and possible attorneys' fees awards.
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4 ROSEMOUNT City Goals
2013-14
CITY COUNCIL
Grow Rosemount—Attract and Support Businesses
INCREASE the number and variety of business in Downtown Rosemount and other
commercial locations
EXPAND business and employment opportunities in the Business Park and UMore Park
INCREASE marketing visibility to site selectors
INCREASE Rosemount's business-friendly practices through streamlined business
development and permitting processes
ENGAGE with regional transportation initiatives for major highways, transitways and high-
speed rail and INCREASE public awareness of them
BUILD public infrastructure improvements designed to encourage private investment and
development
Live in Rosemount— Become a More Sustainable Community
IDENTIFY and IMPLEMENT best sustainability practices
• Use Resilient Community, Star Communities, and Green Steps implementation strategies
• Implement Comprehensive Plan strategies and create an Environmental Task Force.
INCREASE well-designed and diverse public spaces
ENCOURAGE community, cultural and leisure events to add vibrancy to our quality of life
INCREASE existing community transportation and transit connections
INCREASE community lifecycle housing options addressing rental, senior and affordability
needs
MAINTAIN an engaged, healthy, inviting and safe community
Manage Rosemount— Provide Efficient and Effective Services
MAINTAIN stable revenue streams for core services and fiscal discipline
INCREASE technology and workflow measurements for greater productivity and customer
satisfaction
EXPLORE shared services and partnerships including a volunteer program