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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 DutiesOath/CompensationOrganization and Meetingsestablishes 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 planshear 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 Legislativevariancesconditiona 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 Citydecisions 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; “quasivariances, 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 landAMaking- 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 conflictoutside 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 rulesRules apply to Council and Commissions7-7-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 denialwithin 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 -Edecision 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 