HomeMy WebLinkAbout5.b. Request by City of Rosemount for a Text Amendment
E X E C U T I V E S U M M A R Y
Planning Commission Meeting Date: October 25, 2016
Tentative City Council Meeting Date: November 1, 2016
AGENDA ITEM: Request by the City of Rosemount to
Amending the City Code Relating to Public
Notice Area
AGENDA SECTION:
Public Hearing
PREPARED BY: Kim Lindquist, Community Development
Director
AGENDA NO.
5.b.
ATTACHMENTS: City Attorney Comments, Community Survey,
Maps, Sign Design, Excerpt Minutes from
September 12, 2016 City Council Work
Session
APPROVED BY:
K.L.
RECOMMENDED ACTION: Motion to recommend approval of an amendment to
Rosemount City Code, Section 11-12-2; Board of Appeals and Adjustments Procedure
changing the notification radius from 350’ to 500’
SUMMARY
During the public hearing for the Harmony apartments, the greater Harmony neighborhood expressed
concern about the notification standards used by the City for the apartment project. Many residents noted
that they did not receive a notice and that they would have liked more time before the public hearing to
prepare for the Planning Commission meeting. Currently the ordinance states that for a public hearing:
Notices shall be mailed to each property owner within three hundred fifty fee (350’) of the affected
property, except when located in agriculture, agriculture preserve and rural residential districts in
which case notice shall be mailed to each property owner within one-fourth (1/4) mile of the affect
property.
Along with sending notices per the above regulations, the City also publishes the public hearing notice and
also posts signs at the site, stating that there is a planning application filed and giving a phone number to call
with questions.
DISCUSSION
Often questions about the city’s development notification process come up when projects are particularly
controversial. Residents are interested in finding out about projects in their community and wonder why
some people are notified and others not; especially if they feel their neighborhood expands beyond the 350’
borders prescribed by the ordinance. Staff is hesitant to vary from the ordinance standards because it is
difficult to guess whether a neighborhood will, or won’t be interested in a project in their area. For example,
residents beyond the notification area for the Wilde Estate subdivision project or the Carbury Townhomes
weighed in on the application. It is difficult to determine at the time of the public hearing notice going out,
what the level of public interest will be on a project. From a timing standpoint the Public Hearing notice in
the paper must be published 10 days before the hearing, which means submission three weeks before the
meeting. Similarly, staff mails the notice so it will give at least 10 days notice to the residents.
2
Staff has asked various communities in the Metro area about their notification standards for public hearings.
In many cases, the city requirements are consistent with Rosemount’s. In a few cases, cities have raised the
standard to a 500’ mailing distance. In a few, the distance is further, and may vary by application. While
varying the standard may have some appeal, staff is hesitant to recommend varying notification. First, as
mentioned previously, it is difficult to anticipate what application will have the largest public interest. It
might be tempting to assume a rezoning or land use change could be the most controversial; sometimes a
subdivision or variance may have a lot of neighborhood interest. Second, staff believes consistency between
applications so there is no questions about the notification requirements. And often projects require more
than one approval which could mean varying mailer standards, although staff would choose the most
generous. In other words a project approval often requires multiple approvals, like the First State Bank of
Rosemount required both a site plan and conditional use permit approval or a subdivision which requires
preliminary plat approval and approval of a master development plan.
Additionally, the City Attorney has responded to a request from staff to weigh in on this subject. She is not
recommending a specific standard but strongly suggests using objective criteria to determine the mailing
requirement. The more subjective a standard, and therefore more discretion, may raise questions of fairness
and uniform treatment. Planning Staff also supports objective standards and does not want to be placed in
the position of determining “what is the neighborhood” or “who will be impacted by the project”.
Staff had mapped out the Harmony neighborhood and determined that in order to notice all property
owners within the development, notices would have needed to be sent to all properties within 1500’ of the
subject property. The green ring is the 1500’ mark, whereas the blue ring is the current standard, 350’
notification with the yellow ring a 500’ ring. If the distance mark touches any part of a property, staff notifies
that property owner. Also the distance is measured from the perimeter of the subject property.
Staff provided three other maps of received applications to also illustrate the 350’, 500’ and 1500’
notification marks. With Warren’s apartment project, much of the Downtown and some of the
neighborhood to the west of Downtown would be notified as well as portions of the Enclave and the entire
Rosewood single family neighborhood under the 1500’ notification. With a 500’ or 350’ notification
requirement the more eastern portion of the Downtown would be notified, and the residential properties
more adjacent to the project. For the Dunmore project, a majority of the Harmony project would have been
notified using the 1500’ mark. With the 350’ or 500’ mark, properties within one or two blocks would have
been notified. Finally, the new Greystone subdivision map shows the differing notice list for the three
different distances.
After discussion with the City Council at their work session on September 12, 2016 the Council decided to
increase the notification radius to 500’. They encouraged staff to use other non-traditional methods for
notifying the public including posting on the City’s website and using social media. As the notification
requirement is housed in the zoning ordinance, the Planning Commission is being asked to hold the public
hearing and recommend approval of the change.
RECOMMENDATION
Recommend approval of the modification for the public notification radius from 350’ to 500’ in the City
Code.
From: Tietjen, Mary D. [mailto:mtietjen@Kennedy-Graven.com]
Sent: Thursday, September 08, 2016 9:37 AM
To: Lindquist, Kim
Subject: zoning notice area
Kim,
Here are my thoughts relating to the zoning notification issue:
Rosemount city code requires that in certain zoning-related actions, the city must provide mailed notice
to property owners within 350’ of the affected property. This requirement is consistent with state
law. The city council may expand, but not decrease, the notification area. If the Council decides to
expand the notification area, I would recommend establishing some objective criteria for applying the
new rule – i.e., requiring mailed notice to all owners within 500’ of the affected property, or setting
other objective criteria based on the type of application or development at issue. The risk with allowing
for too much discretion on the part of the Council (or staff) – for example, providing notice to an area
that “appears” to be part of the neighborhood or potentially impacted by the zoning action – is that
property owners could then argue that the City is not applying the rule consistently and it may open the
door to legal claims. In my opinion, setting objective standards and applying them uniformly reduces
the risk of legal challenges.
Let me know if this works.
Mary
Mary D. Tietjen ǀ Kennedy & Graven, Chartered ǀ 200 South 6th Street ǀ Suite 470 ǀ Minneapolis,
MN 55402
Direct: 612.337.9277 ǀ Fax: 612.337.9310 ǀ Email: mtietjen@kennedy-graven.com
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City Name
Is your notice
area 350' for
public notices?
If No, explain what your city has adopted
for public notices.
Do you have different
guidelines for different zoning
districts?
If yes, please explain what your city has
adopted for public notices.
Do you post notices
signs on the site(s)
for Planning
applicaions to give
residents an
opportunity to call or
go to a website for
more information?
Do you
post your
Planning
public
notices on
your
website?
Is there
anything else
that your city
does to let
residents know
about planning
applications?
Please explain what additional things
your city does to notify residents about
planning applications
Woodbury Mike Mrosla No within 500 feet of the subject property Yes
Applicants for development proposals which are
located adjacent to or within a residential zoning
district shall hold a neighborhood meeting for the
following applications: preliminary plat, special use
permit, planned unit development, rezoning or
multiple applications.n/a n/a n/a
Prior Lake Casey McCabe Yes No No No Yes
The actual meeting notice is not posted on the
city website but the agenda, meeting calendar
and agenda packet materials are available on
the city website. The public hearing notice is
posted at City Hall. Neighborhood meetings
are recommended but not required.
Developers are encouraged to schedule
neighborhood meetings to explain their
project to surrounding residents when staff
feels the request may be somewhat
controversial.
Richfield Melissa Poehlman Yes No No No Yes Notices are published in the newspaper.
Apple Valley Kathy Bodmer Yes Yes
Most zoning actions require only 350' notification.
Sand & gravel requires notification to all City
property owners within 3,600 feet of the proposed
central plant or 350' from the property lines from
the proposed district and sand & gravel conditional
use permit; whichever is greater.Yes No Yes
Our public hearing signs have a QR code.
Instead of going to the actual public hearing
notices, residents are directed to a hearing
summary page.
New Brighton JANICE GUNDLACH Yes No No No No
Roseville Thomas Paschke No
Roseville adopted a 500 foot notification for its
planning/zoning public hearings a number of
years age. Recently the City Council approved a
pilot for expanded notification> this expanded
notification is mailed to property owners, renters
of multi-family units, and renters of business
properties (tenants) within 500 feet of a subject
request property on land use actions seeking an
interim use, rezoning, comp plan amendment,
subdivision of 4 or more lots and planned unit
development.No No Yes Yes
Roseville has a type of opt-in list for individuals
to receive all notice items to be considered by
the planning commission. The City also has an
open house process for the same expanded
notification noted question 2, that must begin
prior to acceptance of an application. The City
will soon be implementing a large proposed
development sing process.
Chanhassen MacKenzie Walters No Our code mandates 500' rather than 350'.Yes
Areas on lakeshore may have expanded mailings, if
the development would be visible over an area
beyond the 500' threshold (Community
Development Director's discretion on the expanded
mailing).Yes No Yes
The City keeps an updated list of proposed and
processed developments on our website.
Residents can sign up to be notified of any
action taken on projects that interest them.
Brooklyn Park Kathy No
notifications are to properties within 500 ft. of
the site up for discussion except for Variances,
which are only 100 feet No n/a n/a n/a
Andover Brenda Yes Yes Outside MUSA 700' of subject property n/a n/a n/a
Public Notice Survey of Metro Cities
City Name
Is your notice
area 350' for
public notices?
If No, explain what your city has adopted
for public notices.
Do you have different
guidelines for different zoning
districts?
If yes, please explain what your city has
adopted for public notices.
Do you post notices
signs on the site(s)
for Planning
applicaions to give
residents an
opportunity to call or
go to a website for
more information?
Do you
post your
Planning
public
notices on
your
website?
Is there
anything else
that your city
does to let
residents know
about planning
applications?
Please explain what additional things
your city does to notify residents about
planning applications
Maplewood Michael Martin Yes No Yes No Yes
Maplewood publishes notices in the new
newspaper.
City of Blaine Lisa Derr Yes No Yes Yes No
Forest Lake Donovan Hart Yes No No No Yes
the City Administrator lists them in weekly
reports and the applications are in the
Planning Commission and City Council packets
online. There is a weekly notice of public
meetings that lists the applications. There is
the published notice in the newspaper as well
that runs for two (weekly) issues.
City of Edina Jackie Hoogenakker Yes Yes
For notices required by State Statute Edina's public
hearing notice radius is as follows: Conditional Use
Permit 1000-Feet Rezoning 1000-Feet
Subdivision 500-Feet Final Development Plan,
Preliminary Development Plan and Site Plan 1000-
Feet Variance 200-Feet except for variances
and preliminary and final plat all other required
notification is 1000-Feet. The City of Edina requires
notification of a tear down/rebuild of 300-Feet
With regard to question 3 the City requires the
applicant to post a sign 10-days prior to the
meeting of the Planning Commission.Yes Yes Yes
With regard to question 4 all public hearing
notices are also published in the Edina Sun
Current newspaper. There is also a press
release option on the website residents can
look at. The City also notifies the president of
an "identified neighborhood" giving that
neighborhood a "heads up" above and beyond
the public hearing notices, publications, sign
posting etc.
Eagan Michael Ridley Yes No Yes No Yes
For Rezoning requests, we will physically post
a sign on the subject parcel that announces
"Development Pending" and includes the
general Planning phone number for info.
New Hope Jeff Alger No
The New Hope City Code states the following:
Notice of hearing. For applications involving
zoning amendments, conditional use permits, and
variances, the city manager shall set a date for a
public hearing. Notice of such hearing shall be
published in conformance with chapter 1 of this
Code and individual notices shall be mailed not
less than ten days nor more than 30 days prior to
the hearing to all owners of property, according
to the records available to the city within 350 feet
of each parcel included in the request, as
provided in chapter 1. Note that we recently
moved to a 500-foot radius, but the City Code has
not yet been updated.No Yes No No
City Name
Is your notice
area 350' for
public notices?
If No, explain what your city has adopted
for public notices.
Do you have different
guidelines for different zoning
districts?
If yes, please explain what your city has
adopted for public notices.
Do you post notices
signs on the site(s)
for Planning
applicaions to give
residents an
opportunity to call or
go to a website for
more information?
Do you
post your
Planning
public
notices on
your
website?
Is there
anything else
that your city
does to let
residents know
about planning
applications?
Please explain what additional things
your city does to notify residents about
planning applications
South St. Paul Peter Hellegers Yes No No Yes Yes
Depending on the issue we might put
something on the Facebook page (or if we
knew of it far enough in advance it might go in
the newsletter) On residential cases I've been
using 400 feet instead of 350 just to make sure
we're not missing anyone who's just beyond
the typical notice area.
Ramsey Chris Anderson No
Any change in district boundaries on an area 20
acres or less in size triggers a mailing to property
owners within 350 feet of the affected property.No Yes No Yes
We try and keep a Development Updates page
current with approved projects, projects under
review, and concept plans under review. It
gets outdated sometimes, but it seems to be
helpful.
http://www.ci.ramsey.mn.us/developmentupd
ate
Fridley Stacy Stromberg Yes No No Yes No
City of St. Louis Park Nancy Sells Yes No Yes Yes Yes
We publish and mail public hearing notices for
Planning Commission consideration. We also
mail a notice when the item comes before City
Council for approval. Staff reports are
available online as part of agenda packets for
Planning Commission and City Council.
Neighborhood meetings are frequently held
for development proposals.
Maple Grove Dick Edwards Yes No No Yes Yes
Public notices are placed in the local
newspaper
Golden Valley Lisa Wittman Yes No Yes Yes Yes
Golden Valley notifies all property owners
within 500 feet of the subject property. We
also publish a legal notice in the local
newspaper at least 10 days prior to the public
hearing before City Council.
White Bear Lake Samantha Crosby Yes No Yes No Yes
We post in the classifieds section of the local
newspaper in addition to the mail notices and
the signs.
Burnsville Jane Hovind Yes No Yes No No
West St. Paul Ben Boike Yes No No No No
Savage Bryan Tucker Yes No No No No
Cottage Grove Kathy Dennis No
property owners within 500 feet of the subject
property No no no Yes
Public hearing notices are posted on the public
bulletin board at City Hall
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EXCERPT OF DRAFT MINUTES
CITY COUNCIL WORK SESSION MEETING
SEPTEMBER 12, 2016
2.e. Discussion of Public Notification for Planning Applications
Community Development Director Lindquist gave an overview of the potential change in the planning notification
policy. Ms. Lindquist stated that the reason for the discussion is due to complain ts during the Harmony apartment
application. Ms. Lindquist discussed difficulties in tracking changes in the Homeowners’ Associations for direct contact
to those organizations. She gave an overview of current communications efforts, including signage at the property,
website, Facebook and Twitter. She stated that staff cannot arbitrarily decide to send notice to additional residents.
Council members DeBettignies and Weisensel stated support for the current policy of 350 feet, but increasing the other
communications. Council members Demuth, Nelson and Mayor Droste expressed support increasing the notification
radius to 500 feet in the residential areas.
Council member Weisensel expressed that the city should try and do more with the HOAs. Mayor Droste stated that
the new developers should also meet with the HOAs.
Ms. Lindquist stated that the change will require a public hearing.