Loading...
7. b) 6 PowerPoint Presentation Handouts, Planning & Zoning 1012/7/2023 Presentation to Scandia Planning Commission 1 Planning and Zoning 101 Scandia Planning Commission February 7, 2023 Anne Hurlburt, Interim City Administrator Agenda: Land Use Regulation Legislative vs Quasi-Judicial Authority Comprehensive Plan Zoning Ordinance Variances, CUPs and IUPs Open Meeting Law 2/7/2023 Presentation to Scandia Planning Commission 2 Planning and Zoning 101 Why Regulate Land Use? Plans and regulations adopted and enforced today affect the future layout and landscape of a city for many years to come Minimize conflicts between incompatible uses Promote the public health, safety and welfare– authority derived from State police powers Making vs. Applying the Law Legislative Authority: creating , adopting and amending land use plans and zoning ordinances Elected representatives have broad discretion to make plans and laws for the entire community Will be given considerable deference by the courts 2/7/2023 Presentation to Scandia Planning Commission 3 Making vs. Applying the Law Quasi-Judicial Authority Determine the facts Apply the facts to the legal standards in the zoning ordinance and relevant laws If facts indicate standards are met, they are likely entitled to the approval Legislative Quasi-Judicial Administrative Planning and Zoning Discretion Pyramid 2/7/2023 Presentation to Scandia Planning Commission 4 Comprehensive Plan Vision and goals for the city’s future Foundation for all land use regulation and capital investments Metropolitan Land Planning Act sets requirements for plan content and coordination with regional policy plans and systems plans (wastewater, parks & trails, transportation and airports) Comprehensive Plan- Process Planning Commission Public Hearing Recommendation to Council Adoption by City Council (2/3 vote of all members, or 4 of 5 member Council) Review by Metropolitan Council before may be put into effect Amendments follow same process Required updates every ten years or if needed for consistency with metro plans 2/7/2023 Presentation to Scandia Planning Commission 5 2/7/2023 Presentation to Scandia Planning Commission 6 Zoning Ordinance (and other development regulations authorized by state Law) Scandia “UDC” combines zoning and subdivision regulations Other chapters include: Mining Shoreland & Wetland Management Flood Plain Management Architectural Standards Zoning Ordinance Planning Commission Public Hearing Recommendation to Council Adoption by City Council (simple majority vote of Council, EXCEPT 2/3 vote of all members, or 4 of 5 member Council if rezoning from residential to commercial or industrial zone) Publication in official newspaper Amendments follow same process 2/7/2023 Presentation to Scandia Planning Commission 7 Zoning Ordinance– Map Divides city into districts of similar or compatible uses Districts allow uses compatible with Comprehensive Plan Set standards for dimensional requirements (lot size, setbacks, etc.) and performance standards (parking, lighting, etc.) 2/7/2023 Presentation to Scandia Planning Commission 8 Zoning Ordinance– Map The map is part of the ordinance; same process for amendments Amendments must be compatible with Comprehensive Plan Quasi-Judicial Authority Variances Conditional Use Permits Interim Use Permits Similar procedures and requirements, but different criteria 2/7/2023 Presentation to Scandia Planning Commission 9 Procedures Planning Commission Public Hearing Notice published & mailed to neighboring property owners Fair and open assessment of issues Opportunity for all parties to hear and see all information and ask questions Consideration of public comments Findings of fact and conclusions Recommendation to Council Procedures City Council Decision Council is final decision maker Conditions may be applied Importance of a written record to support all decisions “60-day rule” requires a decision or written extension by the city; maximum of 120-day review period unless applicant agrees 2/7/2023 Presentation to Scandia Planning Commission 10 Variances Board of Appeals function Exceptions to the rules Dimensions (lot sizes, setbacks, etc.) Departure from strict enforcement when rules applied to a particular situation cause “practical difficulties” Cannot allow uses not permitted by Zoning or Comprehensive Plan Variances Findings should include: Whether or not the variance is in harmony with the purposes and intent of the ordinance, and Whether or not the variance is consistent with the Comprehensive Plan 2/7/2023 Presentation to Scandia Planning Commission 11 Variances Three-factor test for practical difficulties: Use property in a reasonable manner Does not mean there is no reasonable use without the variance Circumstances unique to the property not caused by the landowner Physical characteristics, not personal or economic considerations alone Maintain essential character of the locality 2/7/2023 Presentation to Scandia Planning Commission 12 Conditional Use Permit (CUP) Use is generally compatible, but because of characteristics of the use itself or issues that may be present due to the location, is allowed by permit only if the concerns are addressed as set forth in the ordinance. Conditional Use Permit (CUP) A particular use might be prohibited, permitted by right, by CUP, or by IUP in different zoning districts CUP “runs with the land” Reasonable conditions may be attached supported by factual evidence in the record Does not expire but may be revoked for non-compliance 2/7/2023 Presentation to Scandia Planning Commission 13 Conditional Use Permit (CUP) General standards that apply to all Conditional Uses 2/7/2023 Presentation to Scandia Planning Commission 14 Conditional Use Permit (CUP) Use-specific standards Many examples in UDC (153.300.030) Applying the standards If the standards are met, the applicant has a right to the permit If the ordinance standards are not adequate… amend the standards, or do not allow the use by CUP Interim Use Permit (IUP) General standards for CUPs, plus: May also have use-specific standards 2/7/2023 Presentation to Scandia Planning Commission 15 Interim Use Permit (IUP) Expires on a Particular date, Until the occurrence of a particular event, or Until zoning regulations no longer allow the use. Open Meeting Law Minnesota Statutes Chapter 13D Applies to public bodies and their committees, boards, commissions etc. Public has the right to attend open meetings to observe the decision making process 2/7/2023 Presentation to Scandia Planning Commission 16 Open Meeting Law Meeting occurs when a quorum is present and discussing official business Beware of “serial” meetings Notice requirements Some meetings may be closed (rare) Penalties for violations 2/7/2023 Presentation to Scandia Planning Commission 17 Open Meeting Law Planning Commission Guidelines Site Visits Ex Parte Communications For more information: League of Minnesota Cities Publications •Zoning 101 •Zoning Decisions Planning Commission Site Visit Guidelines Open Meeting Law One-Pager