Planning Commission OrientationPlanning Commission Orientation
July 6, 2021
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Topics
Open meetings law
Zoning & Land Use Ordinances
Comprehensive Plan
Planning Commission role & functions
The 60 Day Rule
Legislative Functions
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Open meetings law
Are meant to ensure that actions are not decided in secret, allow the public to be informed, and give the public an opportunity to participate in meetings
A ‘meeting’ is any gathering of a quorum or more of a body (such as the Planning Commission) where the members discuss information related to the official business of said body
Discussing or deciding actions on upcoming agenda items outside of the Planning Commission meeting constitutes a meeting
Group emails/texts/etc. can be considered meetings if a quorum is present
Notices of meeting are posted with time, date, place, and purpose
Meetings with public hearings require notices be published in the local newspaper and that the neighbors within a certain distance are notified
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Zoning & Land Use Ordinances
Guides development in a community to ensure it ‘promotes the best use of the land, and the prosperity, health, and welfare of a community’s residents’
Different zones permit different land uses, as well as establish minimum required lot widths and sizes, structure heights, setbacks from property lines, densities, etc.
Uses can be permitted by right, by Conditional or Interim use permit, or through an Administrative permit
Zones may be centered around a certain type or types of use
Residential zone, industrial zone, commercial zone, agricultural zone, mixed-use, etc.
Zones provide adequate space for permitted uses, and helps keep incompatible uses from each other
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Zoning and Land Use Ordinances
A community will have a zoning map showing the different zones, as well as an ordinance or code of ordinances relating to zoning and land use
Scandia has a ‘Development Code’, with different chapters corresponding to land use regulations
Ch 1 – Administrative
Includes definitions of terms, processes & procedures for permits and planning/zoning requests, and processes and roles of staff and Boards
Ch 2 – Zoning
Includes info on each zoning district, as well as regulations specific to certain land uses, and regulations applicable to all uses
Ch 3 – Subdivision
Regulations, processes, and procedures to the splitting or subdividing of property
Ch 4 – Mining
Ch 5 – Shoreland & Wetland Management
Regulations related to land and uses near lakes, wetlands, and waterbodies
Ch 6 - Floodplains
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Zoning and Land Use Ordinances
Variance
Deviation from the zoning ordinance when the rules in the current ordinance causes ‘practical difficulties’ to a particular property
Variance criteria must be found to be met in order to grant the request
Setback variances are the most common
Conditional Use Permit
Land use permitted with the approval by the city, if conditions listed in the ordinance are met.
Interim Use Permit
Land use permitted with the approval of the city for a limited amount of time (contains a sunset provision/end date)
Conditions on requests
A city can add conditions for approval if they are directly related to the request and “bear a rough proportionality to the impact created by the request
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Zoning and Land Use Ordinances
Subdivisions – Minor & Major /Preliminary & Final Plots
Development Code and Comprehensive Plan Ammendments
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Current Zoning Map
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Future Land USE Map
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Functions of the Planning Commission –Quasi- Judicial Activities
Quasi judicial functions occur when considering conditional/interim use permits, annual operating permits, subdivisions, permit revocation, and variances. In quasi judicial hearings,
the city acts like a judge in evaluating the facts against the standards identified in code and state statute. The Commission can consider public comment as it relates to the criteria
and a public hearing must be held (More on that…) If the applicant meets the standards, then the application should be granted.
Findings for approval and denial should be detailed in your resolutions. Findings should have a relationship to review criteria and requirements identified in the code.
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Comprehensive Plan
A planning document that defines visions, goals, and aspirations for the long-term development of a community
The comp plan adopted by a city guides local officials (staff, Planning Commission members, City Council) in decisions regarding land use
The goals in the comp plan guide development and/or redevelopment
Policies in the comp plan identify ways for the city to achieve said goals
Comp plans provide a reasonable and rational basis for the land use decisions made by a city
A zoning ordinance and subdivision ordinance are tools a city can use to achieve the goals identified in the plan
These ordinances are to be in-line with, and not contradict, the Comp plan
Mandatory for cities in the metro area per the Metropolitan Land Planning Act
Cities in the metro area have their plans reviewed by the Metropolitan Council
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Roles
Advises the City Council on planning and zoning requests
Planning Commission reviews and makes recommendations to the Council on re-zonings, ordinance amendments, variances, conditional use permits (CUPs), interim use permits (IUPs)
Hold public hearings and discuss/review requests
Can recommend ordinance and comp plan changes to the Council
Authority – Review Capital Improvement Plan, review sale of city owned property.
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Role of Public Opinion
Public opinion alone is not a valid basis for granting or denying a application. While city officials may feel their decision should reflect the overall preferences of residents, their
task is limited to evaluating how the application meets the ordinance standards. Residents can often provide important facts to help the city address whether the application meets the
standards, but unsubstantiated opinions and reactions to an application are not a legitimate basis for a decision. If neighborhood opinion serves as the sole basis of the decision,
it could be overturned by a court if challenged.
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Applying other conditions to permits & variances
A city may attach reasonable conditions relating to the ordinance standards to request based upon factual evidence contained in public record. For example, if a zoning ordinance says
a conditional use should not have adverse visual or noise impacts on any adjacent property, a city might require specific screening and landscaping conditions to address any potential
impacts established in the record.
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60 – Day Rule
Permit or variance requests are subject to Minnesota’s 60-day rule. It must be approved or denied within 60 days of the time it is submitted to the city. A city may extend the time period
for an additional 60 days, but only if it does so in writing before expiration of the initial 60-day period. Under the 60-day rule, failure to approve or deny a request within the statutory
time period is considered an approval (Minn. Stat. § 15.99).
60 days can start following the requirements to have another agencies approval, such as a watershed, the County, DNR, or National Park Service
Small Wireless on city facilities must be approved or denied within 90 days.
Preliminary Plot Subdivisions 120 days & Final Plot 60 days.
Extensions beyond this 60 days can proceed with approval of the applicant.
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Legislative Activities
Examples include consideration of changes the community’s 2040 Comprehensive Plan and the Development Code. (Public hearing required)
Legislative activities offers the commission broader discretion to consider policies.
Legislative changes to either the Comprehensive Plan or Development Code require the Commission to host a public hearing and to follow the amendment processes prescribed in the development
code.
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