HomeMy WebLinkAboutI. Planning Commission Training Presentation
Planning Commission Training Kennedy & Graven, CharteredMary Tietjen, City AttorneyPresented by:June 25, 2019 Rosemount Planning Commission
City Code Information Powers and DutiesOath/CompensationOrganization and Meetingsestablishes Commission–Title 2, Chapter 1
Sources of the City’s Zoning with state statuteszoning and must not conflict City ordinances implement variancesregulations, and approve property, adopt subdivision comprehensive plans,
zone authority to adopt State statutes give the City the long as it is not used arbitrarilypolice power of the City, as Regulation of land use is a valid Federal and state constitutions:
Powers
Duties of the Planning Commission Review and approve site planshear and decide various matters, including variancesAct as the City’s Board of Appeals and Adjustments and Concept plansoProposed
subdivisions (plats)oOfficial mapsoConditional use permits and interim use permitsoZoning and subdivision ordinancesoThe comprehensive plano on:Review and make recommendations to the
City Council Advisory to the City Council on most matters
Information to be Relied Upon based on members’ personal policy opinionsto make decisions and recommendations authorized notThe Planning Commission is subdivision ordinanceszoning and
and the City’s statutes, state Comprehensive PlanCity’s recommendations in accordance with the and make its decisions and The Planning Commission must rely upon
Types of Review & Decisions amendmentscomprehensive plan, zoning ordinance text –Examples º Commission may consider policy issues º Commission has broader discretion º Legislativevariancesconditiona
l use permits, subdivision applications, –Examples º Does application meet requirements of the ordinance?º Commission must follow strict legal standards º Judicial-Quasi
The Comprehensive Plan requiredcomprehensive plan is Periodic review of the be correctedInconsistencies must comprehensive plannot conflict with the City ordinances should the Cityfuture
development of statement for the plan is a policy The comprehensive
Court Review of Land Use Decisions the circumstancesreasonable under it is found to be upheld by a court if by the City will be land use decision a General rule:
Court Review of Land Use Decisions contrary to lawcourt unless it is found to be arbitrary or The City’s decision will be upheld by the Courts give greater discretion to the Citydecisions
are considered to be legislativeThese items are policy documents so Comprehensive Plans & Zoning:
Court Review of Land Use Decisions imposition of reasonable conditionsCUP/IUP should be approved if ordinance can be satisfied with be approved; important to know ordinance requirementsIf
the application satisfies the criteria in the ordinance, it must to the Cityless deferenceCourts give judicial”, not legislative-These decisions are based on ordinance criteria; “quasivariances,
site plans, and plats:
Court Review of Land Use Decisions“practical difficulty”Economic considerations alone do not constitute a character of the localitythe variance, if granted, will not alter the essential
-to the property and not caused by the owner; andthe owner’s plight is due to circumstances unique -ordinance;reasonable manner that is not permitted by the the owner proposes to use
the property in a -meaning that:Must show that there are “practical difficulties,” Variances:
Public Hearings and Decision request, but evidence from neighbors may be consideredNeighborhood opposition alone is NOT enough to deny a –day law-by the 60Written findings of fact are
required, both for court review and –decisionKnow and state the reasons for the recommendation or the –Actively participate in the discussion–Thoroughly study and review staff reports–Allow
all parties to fully present information–considering an application:Therefore, Commissioners should follow these guidelines when Commission’s analysis of the issuesthat was presented
to the Planning Commission and the In making its decision, the City Council also relies upon the evidence was presented before the Planning Commission and the City Counciluse decision
is limited to the evidence that -court’s review of a landAMaking-
Decision basis to deny request“I don’t like the project” is usually not a sufficient to articulate reasons for decisionIf voting against staff recommendation, important Making, Cont.-
Code of Ethics/Conflicts Tell staff liaison if you think you have conflictoutside of official capacityMay represent your own private interests paramountPublic’s interest is financial
interestDo not participate in matters in which you have a personal General conflict of interest rulesRules apply to Council and Commissions7-7-State statute/City Code Sec. 1
Voting declare that the application made, the Chair should If no other motions are -madeare any other motions to be inquire as to whether there The Chair should then -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 occurs and the tie voteIf a 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 occurs and the tie voteIf a
60 Written reasons are required for any denialwithin the time period are automatically approvedApplications that are not finally approved or denied days if the applicant agrees to
the extensionThe City can extend the deadline for more than 60 of an additional 60 daysThe City can extend the deadline up to a maximum variances, but not plats)to zoning (includes
zoning, CUPs, site plans, and The City has 60 days to review applications related Day Rule-
Open Meeting Law and possible attorneys’ fees awardsPenalties include loss of office, monetary penalties would violate the open meeting lawquorum or more of the Commission participates,
it if a -mail discussions can be considered meetings -Edecision is madediscuss Planning Commission business, even if no A meeting occurs when a quorum or more meets to to the publicMeetings
of the Planning Commission must be open