Loading...
4.a 2 Site Visit Guidelines redlineScandia Planning Commission Site Visit Guidelines Adopted May 3, 2011 Amended ____________, 2016 Overarching Goal of Site Visits: To ensure that Planning Commissioners, representative of the citizens of the cCity of Scandia and acting as advisors to the Mayor and City Council, are as fully informed as possible before making decisions regarding 1. Comprehensive Plan amendments 2. Ordinance amendments 3. Rezoning 4. Interim or Conditional Use Permits 5. Variances 6. Site Plan Reviews 7. Subdivisions, major and minor, including Open Space Conservation Subdivisions and Planned Unit Developments Purpose of Site Visits: 1. Gather information for issues pending before the Planning Commission, through first-hand observation of the site, which includes topography, land cover, existing structures, access, screening, and any other visual characteristic that may help the Planning Commission’s evaluation of a land use application. 1.2. Subject to “Ex Parte Communication,” below, a site visit also gives a developer, real property owner, or land use applicant the opportunity to present information and answer questions regarding the site, any proposed changes, and the physical relationship any changes may have to the surrounding area. Procedures: 1. The Planning Commission Chair will determine which site visits are needed and notify the City Administrator by the Wednesday before the monthly Planning Commission meeting. 2. The City Administrator will post site(s) to be visited three days before the scheduled visits – the Thursday before the monthly Planning Commission meeting during CST and the Friday before during DST. 3. Scheduled visits will normally be the day of the monthly Planning Commission meeting during Daylight Savings Time (Tuesday at 5:30 p.m.) or the Sunday before the monthly Planning Commission meeting during Standard Time, the time of day to be determined by the Chair and posted accordingly by the City Administrator. 4. The date and time of the site visit meeting may be changed by the Chair if 3 days posted notice and written notice to Commission members are given, as well as adequate posting being made by the City Administrator, pursuant to the Minnesota Open Meeting Law. 5. Planning Commission members will meet in the Community Center parking lot at the time noted in the posting and then drive to the site(s). 6. Interested citizens may meet at the Community Center at that same time and drive along with cCommissioners to site(s). 7. Owners/developers/applicants for a land use action related to the subject real property are invited to meet at the site(s). 8. Commissioners may individually visit the site(s) without public posting. Follow-up: 1. Site visits conducted will be noted and summarized at the subsequent Planning Commission meeting. Ex Parte Communication: 1. As noted above, all Planning Commission site visits are subject to the Open Meeting Law. Site visits are not televised or recorded. Therefore, Planning Commission members must take extra steps that they are not engaging in ex parte communication with any third parties. 2. “Ex Parte Communication,” for purposes of this Policy, means any type of communication, verbal or written, between one or more Planning Commissioners, City Council members, or City officials (the “City Parties”), and any third party, whether it be an owner, developer, or applicant related to real property that is the subject of the site visit, a City resident, or a non-resident (the “Private Parties”), that tends to discuss the items listed in Section 3 below. City Parties and Private Parties may engage in general discussion regarding the site, as long as all parties have an opportunity to participate. 3. No City Party may discuss the following items with any Private Party during a site visit: (a) granting or denying privileges, rights or benefits to a particular party; (b) interpreting, applying, or enforcing rules or laws; (c) purporting to issue, suspend, or revoke applications or permits on behalf of the City; (d) determining rights and interests of any party; (e) evaluating and passing on facts as they apply to existing laws or rules; (f) purporting to order or abate any action on behalf of the City; (g) purporting to take a particular position or make a specific determination on behalf of the City, before any process has begun under the City’s code and other related regulations; and (h) any other action that is reasonably intended to bind a City process, or is undertaken to the detriment of the Minnesota Open Meeting Law. 1. 4. The intent of this section is to prevent Planning Commissioners and other City Parties to communicate outside the setting of a duly called public hearing on any issue of fact or law regarding any matter that may yet come before the Planning Commission, for further recommendation to the City Council. If a Planning Commissioner or other City Party receives a verbal or written communication, such communication shall be summarized (in the case of a verbal statement) or reproduced (in the case of a written statement) to the remainder of the Planning Commission and City staff. Formatted: Keep with next, Keep lines together Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: No bullets or numbering Formatted: Underline