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06.a 2025 Planning Commission Land Use Training 3.4.25Bolton-Menk.com Community Planning Who What Where When Why Bolton-Menk.com What is planning? Bolton-Menk.com Community Planning Goal of planning: maximize health, safety, and economic well-being of all people in our communities. This involves thinking about: •How we can move around our community •How we can attract and retain thriving businesses •Where and how we want to live, and opportunities for recreation Also known as Urban Planning Planning helps create communities of lasting value. Bolton-Menk.com Community Planning Planners work with residents and elected officials to guide an entire community or region’s layout. Planners take a broad view and look at how the pieces of a community fit together like pieces of a puzzle. Then, planners make recommendations on how the community should proceed. One of the greatest challenges for planners is to imagine what can and should happen to a community: •How it should grow and change •What it should offer residents 10, 15, or even 20 years into the future. Source: American Planning Association Bolton-Menk.com Why is Planning Important? Shaping a Community Planning helps set policies and goals that foster a distinctive sense of place. Encouraging Public Dialogue Provides a process for stakeholders to have their voices heard. •Robust public input = a strong plan and public support •Subsequent planning decisions that are consistent with an approved plan’s policies are less likely to be controversial Balancing Competing Interests Planning can strike a balance between competing demands on land by creating orderly and rational development patterns. Protecting Public Investments Planning is a good way to avoid digging up last’s years new road for this year’s new sewer pipe. Supporting and Justifying Decisions The product of good planning provides a factual and objective basis to support zoning and land use decisions and can be used to defend decisions if challenged in court. Bolton-Menk.com Who Plans? Public Officials – Council, Mayor, City Clerk, Planning Director, City Administration, Planning Commission, EDA, Park Board/ Department, Fire/Police, Public Works, Library, School Board, DNR, DOT, etc. Developers – are happy to figure out land use and transportation issues for their project, but may not have the whole city in mind Planning Professionals – Seek out open-minded professionals who can look over your shoulders and point out unintended consequences Public – the best way to serve the residents of the city is to involve them in planning for their city •Stakeholders – people who have a stake in city can include; major businesses, utility companies, other organizations •Youth – They have the most to gain or lose in the future. What do they want in 5-10 years? Bolton-Menk.com What types of plans? Long Range Planning – Land use + Comprehensive Plans Redevelopment – Strategic redevelopment plans Master Planning – Downtowns + Campus Areas + Recreational Areas Housing Studies – Housing needs and analysis Small Area Plans – Neighborhoods + Sites Bolton-Menk.com A Comprehensive Plan The PLAN can guide the future actions of a community by providing a vision for the future with long-range goals and objectives. It’s comprehensive in: •Geography – Covering the entire city and beyond (extended into future urban service areas) •Subject Matter – Covering all subjects related to the physical development of community: population and job growth, land use, transportation, utilities, parks, environmental, public facilities, schools, etc. •Time Horizon – Most plans are written to provide direction for future activities over a 10-20 year period Bolton-Menk.com Scandia Comprehensive Plan Chapters Include: •Intro/Community Goals •Land Use •Natural Resources •Resilience •Economic Competitiveness •Housing •Parks and Trails •Transportation •Water Resources •Implementation Bolton-Menk.com Implementing Your Comprehensive Plan Support/deny development proposals Support/deny zoning code and changes Guide public investments in infrastructure, public property, city services, etc. •Roadways, sidewalks, trails •Parks and open space •Community/public facilities •Public health and safety programs Form the basis for grant applications Guide other plans •CIP, Parks Master Plans, Preservation Plan Bolton-Menk.com Basis For Planning Authority in Minnesota •State and local authority defined by supreme court case law: •Village of Euclid v. Ambler Realty •Local authority in Minnesota is granted by the State •County Enabling Legislation •MN Statutes 394.21-394.37 •City Enabling Legislation •MN Statutes 462.351-462.365 Bolton-Menk.com Planning Tools Pyramid of Discretion Source: League of Minnesota Cities Administrative Legislative Quasi-Judicial Bolton-Menk.comBolton-Menk.com Administrative Decisions •Building Permits •New Homes •Accessory Structures •Additions and Decks •Zoning Permits •Patio Permit •Driveway Permit •Fence Permits Application Submittal City Staff Review Action Bolton-Menk.comBolton-Menk.com •Land Use Permits •Variances •Conditional Use Permits •Interim Use Permits •Subdivision and Development •Planned Unit Developments •Preliminary and Final Plat •Site Plan Review Application Submittal City Staff Review Planning Commission Review City Council Review Action Quasi-Judicial Decisions Bolton-Menk.comBolton-Menk.com •Zoning •Map Amendments •Zoning Ordinance •PUDs •Comprehensive Plan •Future Land uses •MUSA Boundary and Phasing Application Submittal City Staff Review Planning Commission Review City Council Review Action Legislative Decisions Bolton-Menk.com Variances •Least discretionary based on well defined conditions •State Statue required “practical difficulties” test •Each a unique instance •Review for potential Ordinance Changes •Performance standards not uses •Examples: •Setbacks •Lot size •Impervious surface Bolton-Menk.com Conditional and Interim Uses •Listed as conditional or interim in City Code •Prescriptive Conditions •Additional mitigating conditions allowed •Conditions must have a rational basis •CUP Run with land indefinitely •IUP has end date; runs with applicant/owner •Examples: •Local Solar Energy Systems •Flying Colors Trapeze •25% Additional Accessory Structures Bolton-Menk.com Subdivision •Creation of new lots for development •Largest Impact on Community •Infrastructure Needs •Park Dedication Needs •Additional mitigating conditions •Permanent •Examples: •Tii Gavo •Rolling Acres •Laurel Ridge Bolton-Menk.com Zoning Ordinance •Creation of rules for development and land uses •Lots of decision-making authority •What problem are we solving? •What problems are we creating? •Nonconformities better or worse? •What goal are we achieving? •Consistency w/ Comp Plan? •Examples: •Cannabis •Major Subdivision Standards •Pylon Signs Bolton-Menk.com Comprehensive Plan •Creation of vision for development and land uses •Lots of decision-making authority •What do we want? •What goal are we achieving? •Future Issues- infrastructure •Examples: •Rustic Roots •Redeemed Farms •Gateway Trail Bolton-Menk.com Commissions Role •Implement the Zoning Code & Comprehensive Plan •Hold public hearings •Make recommendations to the City Council •Role is quasi-judicial – need to be mindful of this as recommendations are formulated •Commissioners can bring ideas to the commission and staff for formal consideration as part of the annual work plan Bolton-Menk.com Commission and Council Best Practice •Make sure the public understands their role and influence •Are the public’s concerns applicable & relevant to the request? •Can the concerns be mitigated? If so, how? Be specific… •Important the public trusts their government and process – staff, Commissions, and Councils should work together while understanding their unique roles in the process •Ask important questions ahead of time to make sure you get a meaningful answer from staff Bolton-Menk.com Staff Consultant Role •Aside for Administrative Permits, Staff doesn’t decide anything – only makes interpretations and recommendations •What does the Zoning Code say? •What does the Comprehensive Plan say? •Is there precedent to consider? •Are there any special studies that may impact a recommendation? •Recommendations are based on a set of facts & interpretation of various codes and studies •Interpretations are based on purpose & intent of code, relevant studies, and how to mitigate real and/or perceived negative impacts Bolton-Menk.com Staff & Consultant Best Practices •Endeavor to bring only approvable applications forward (this starts before the application is even submitted) – not always possible •Be honest with applicants & property owners – no guarantees •Uphold the strictest interpretation of the Zoning Code – allows Commissions and Councils to provide relief verses additional restriction •Make sure conditions of approval are practical & enforceable •Create thoughtful findings of fact – both to approve and deny – articulate the why as clearly as possible by citing code, precedent, other relevant studies, and public comment •Don’t be afraid to update ordinances! Bolton-Menk.com Others Role •Attorney •Engineer •City Departments (Public Works, Admin etc.) •County •Met Council •State of Minnesota •DOT •MPCA •DNR •Watershed Districts Bolton-Menk.com Planning for Success •Questions on a Staff Report or issue? Ask us! •Thorough discussions at the Planning Commission •Staff support by providing good detail •Commission findings of fact to support recommendations for City Council action •Keep up to date on best practices for commissioners and councilors (via resources like LMC) Bolton-Menk.com Scandia Zoning Ordinance Bolton-Menk.com Unified Development Code •Purpose •Definitions •General Provisions •Zoning Districts •Performance Standards •Subdivision Standards •Administration & Enforcement Bolton-Menk.com Comp Plan Guides Zoning Bolton-Menk.com Bolton-Menk.com Open Meeting Law Bolton-Menk.com Open Meeting Open Meeting Law Video •State Requirement •Quorum of Commission/Council where public business discussed •Meetings regularly scheduled and posted •Other gatherings (party, reception ,grand opening not considered open meeting if public business is not discussed. Best to know in advance and publish according inly to be safe. •Do not “reply all” on emails from City staff. Email chains discussing public business off the record may be violation and is discoverable in litigation. Bolton-Menk.com LMC Handbook Bolton-Menk.com LMC Handbook •Comprehensive Planning, Land Use and City-Owned Land (lmc.org) Bolton-Menk.com Thank You