HomeMy WebLinkAboutI. Rosemount Planning Commission Training - 484996v3
June 25, 2019
Rosemount Planning CommissionPresented by:
Mary Tietjen, City AttorneyKennedy & Graven, Chartered
Planning Commission Training
Title 2, Chapter 1 –establishes Commission
City Code InformationOrganization and MeetingsPowers and DutiesOath/Compensation
Federal and state constitutions: with state statuteszoning and must not conflict variancesregulations, and approve property, adopt subdivision comprehensive plans,
zone authority to adopt long as it is not used arbitrarilypolice power of the City, as Regulation of land use is a valid
State statutes give the City the City ordinances implement
Sources of the City’s Zoning Powers
ooooooThe comprehensive planConcept plansProposed subdivisions (plats)Official mapsConditional use permits and interim use permitsZoning and subdivision ordinances
Advisory to the City Council on most mattershear and decide various matters, including varianceson:
Review and make recommendations to the City Council Review and approve site plansAct as the City’s Board of Appeals and Adjustments and
Duties of the Planning Commission
The Planning Commission must rely upon based on members’ personal policy opinionsto make decisions and recommendations subdivision ordinancesstatutesCity’s recommendations in accordance
with the and make its decisions and Comprehensive Planand the City’s zoning and , state
The Planning Commission is notauthorized
Information to be Relied Upon
variancesamendments
ºººººº Commission must follow strict legal standardsExamples Commission may consider policy issuesCommission has broader discretionExamples Does application meet requirements of the
ordinance?––conditional use permits, subdivision applications, comprehensive plan, zoning ordinance text
Quasi-Judicial
Legislative
Types of Review & Decisions
The comprehensive requiredcomprehensive plan is be correctedcomprehensive plannot conflict with the the Cityfuture development of statement for the plan is a policy
City ordinances should Periodic review of the Inconsistencies must
The Comprehensive Plan
General rule:the circumstancesreasonable under it is found to be upheld by a court if by the City will be land use decision a
Court Review of Land Use Decisions
Comprehensive Plans & Zoning: contrary to lawcourt unless it is found to be arbitrary or decisions are considered to be legislative
Court Review of Land Use Decisions
These items are policy documents so The City’s decision will be upheld by the Courts give greater discretion to the City
judicial”, not legislativeimposition of reasonable conditionsbe approved; important to know ordinance requirements
These decisions are based on ordinance criteria; “quasiCUP/IUP should be approved if ordinance can be satisfied with If the application satisfies the criteria in the ordinance, it
must Courts give less deferenceto the City-
Conditional and interim use permits, variances, site plans, and plats:
Court Review of Land Use Decisions
Variances:“practical difficulty”character of the localityto the property and not caused by the owner; andordinance;reasonable manner that is not permitted by the meaning that:
Must show that there are “practical difficulties,” Economic considerations alone do not constitute a ---the owner proposes to use the property in a the variance, if granted, will not
alter the essential the owner’s plight is due to circumstances unique
Court Review of Land Use Decisions
Aconsidering an application:Commission’s analysis of the issuesthat was presented to the Planning Commission and the was presented before the Planning Commission and the City Councilcourt’s
review of a landdecisionrequest, but evidence from neighbors may be consideredby the 60-day law-use decision is limited to the evidence that
In making its decision, the City Council also relies upon the evidence Therefore, Commissioners should follow these guidelines when ––––––Allow all parties to fully present informationNeighborhood
opposition alone is NOT enough to deny a Written findings of fact are required, both for court review and Know and state the reasons for the recommendation or the Actively participate
in the discussionThoroughly study and review staff reports
Public Hearings and DecisionMaking-
If voting against staff recommendation, important basis to deny requestto articulate reasons for decision
Decision-Making, Cont.
“I don’t like the project” is usually not a sufficient
financial interest
Do not participate in matters in which you have a personal Public’s interest is paramount
State statute/City Code Sec. 1outside of official capacity-7-7
Rules apply to Council and CommissionsTell staff liaison if you think you have conflictMay represent your own private interests General conflict of interest rules
Code of Ethics/Conflicts
If a fails. reviewing a site plan, the motion of Appeals and Adjustments or is Commission is acting as the Board decision is one where the Planning tie vote.proceed to the City Council
with a advisory capacity, the item may Commission is acting in an decision is one where the Planning tie voteinquire as to whether there is denied.declare that the application made,
the Chair should madeare any other motions to be occurs and the
If a --tie voteThe Chair should then If no other motions are occurs and the
Voting
The City has 60 days to review applications related within the time period are automatically approveddays if the applicant agrees to the extensionof an additional 60 daysvariances,
but not plats)to zoning (includes zoning, CUPs, site plans, and
The City can extend the deadline up to a maximum Written reasons are required for any denialApplications that are not finally approved or denied The City can extend the deadline
for more than 60
60-Day Rule
Meetings of the Planning Commission must be open and possible attorneys’ fees awardswould violate the open meeting lawquorum or more of the Commission participates, it decision is madediscuss
Planning Commission business, even if no to the public
A meeting occurs when a quorum or more meets to Penalties include loss of office, monetary penalties E-mail discussions can be considered meetings -if a
Open Meeting Law