2005.02.14 PC Work Session PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY
Work Session
February 14, 2005
Immediately following the 7:00 p.m. regular meeting
Crystal City Hall - Conference Room A
4141 Douglas Dr N
A. CALL TO ORDER
B. PLANNING COMMISSIONER INTRODUCTIONS.
C. DISCUSSION ITEMS:
1. City Attorney briefing regarding land use law and Planning Commission role.*
2. Staff update regarding redevelopment activities and infrastructure projects.
3. Discuss having a Planning Commissioner serve on the Community Advisory
Committee for the Bottineau Boulevard Partnership. (Item added Feb. 9, 2005)
4. Other discussion.
D. ADJOURNMEMT.
*Items for which supporting material will be included in the meeting packet.
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ZONING AND PLANNING
INTRODUCTION TO BASIC PRINCIPLES
Prepared for the Crystal Planning Commission
Stephen Bubul, City Attorney and Michael T. Norton, Assistant City Attorney
I. Authority of Cities to Zone Property: Where Does It Come From?
A. Constitutional Basis — Euclid v. Ambler Realty Co. 272 U.S. 365 (1926).
The United States Supreme Court held in Euclid that government could lawfully
adopt zoning regulations that restrict the use of property. The validity of such
regulations is based upon the police power of the government, if it is used for the
public welfare.
B. Statutory Basis.
Minnesota cities are authorized to plan and adopt zoning regulations and charge
fees pursuant to the Municipal Planning Act, which is contained in Chapter 462 of
the Minnesota Statutes. Three principal planning tools that the statute gives to
�..� cities are:
1. The authority to adopt comprehensive plans.
Section 462.355 of Minnesota Statutes requires cities to adopt a
comprehensive plan. The comprehensive plan "represents the planning
agency's recommendation for the future development of the community. "
2. ' The authority to zone property.
Section 462.357 grants the city the authority to adopt zoning ordinances.
The statute specifies the subjects that can be regulated to promote the
public health, safety and welfare, which include:
" ... the location, height, bulk, type of foundation, number of stories, size
of buildings and other structures, the percentage of lot which may be
occupied, the size of yards and other open spaces, the density and
distribution of population, the uses of buildings and structures for trade,
industry, residence, recreation, public activities, or other purposes, and
the uses of land for trade, industry, residence, recreation, agriculture,
forestry, soil conservation, water supply conservation, conservation of
shorelands, ... access to direct sunlight for solar systems .... flood control
or other purposes... "
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3. The authority to adopt subdivision regulations.
Section 462.358 grants cities the authority to enact subdivision
regulations.
C. Ordinances: Implementation of the Authority to Zone
Through the adoption of ordinances, the city implements its authority to plan and
zone, consistent with the constitutional and statutory requirements. Crystal City
Code (CCC), §§ 515.01 — 515.69.
II. Planning Commission
A. Organization and form.
Section 305.29 of the City Code establishes the planning commission, to consist
of nine members appointed by the city council, as an advisory body to the city
council. Section 305.31 provides that the planning commission also serves as the
Board of Adjustments and Appeals.
B. Duties.
The planning commission has all the powers provided in state law and the city
code. Those duties include:
To prepare the comprehensive plan for council consideration; to
periodically review the plan and recommend amendments when necessary.
(Minn. Stat. § 462.355, subd. 1)
To conduct at least one public hearing on the comprehensive plan or any
amendment thereof (Minn. Stat. § 462.355, subd. 2)
To study and recommend to the council reasonable and practicable means
for implementing the comprehensive plan, such as the adoption of zoning
ordinances, subdivision ordinances, capital improvement programs, etc.
(Minn. Stat. § 462.356, subd. 1)
- To conduct public hearings on proposed zoning ordinances or
amendments thereto. (Minn. Stat. § 462.357, subd. 3)
- To make recommendations to the city council regarding proposed zoning
ordinances. (Minn. Stat. § 462.357)
- To serve as the board of zoning appeals, including deciding appeals from
decisions made by the zoning administrator. (City Code § 305.31, Minn.
Stat. § 462.375, subd. 6).
- To hear requests for variances and make recommendations to the city
council. (Minn. Stat. § 462.357)
- To conduct hearings on conditional use permit applications and make
recommendations to the city council. (Minn. Stat. § 462.3595)
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To review site plans and building permit applications for uses other than
single family homes and duplexes. (City Code Section 520)
To hold public hearings on proposed plats and make recommendations to
the city council. (Minn. Stat. § 462.358, subd. 3b)
III. The Comprehensive Plan
A. What it is and how the city adopts it.
The comprehensive plan is a "compilation of policy statements, goals, standards,
and maps for guiding the physical, social and economic development, both
private and public, of the municipality ... ". (Minn. Stat. §462.352, subd. 5) It
includes several elements, including a land use plan, transportation plan, and
community facilities plan. In the metropolitan area, the comprehensive plan must
provide guidelines for the timing and sequence of the adoption of official controls
to ensure "p lanned, orderly, and staged development and redevelopment
consistent with the comprehensive plan. " (Minn. Stat. §473.858, subd. 1)
B. Process for adopting and amending the comprehensive plan.
1. Plan preparation. Typically, the planning commission, with the assistance
of staff, prepares the comprehensive plan. The city council, however, may
propose a comprehensive plan or amendments to the planning commission
by resolution. (Minn. Stat. §462.355).
2. Public hearing(s). The planning commission must hold at least one public
hearing on the plan or any amendment to the plan before adopting the plan
or any section or amendment of the plan. The notice of the public hearing
must be published once in the official newspaper at least 10 days prior to
the hearing. (Id, subd. 2).
3. Metropolitan Council Review. In the metropolitan area, cities must
submit their proposed plans to the metropolitan council following
approval of the planning commission and after consideration but before
final adoption of the plan by the city council. The Metropolitan Council
reviews the plan for consistency with metropolitan system statements.
Metropolitan cities' comprehensive plans must be consistent with the
metropolitan system statements. (Minn. Stat. §473.858).
4. Adoption. To adopt the comprehensive plan or amendments to the plan,
the city council must approve the plan or amendment by a two-thirds
majority vote. The council cannot adopt the plan or amendments until it
has received the planning commission's recommendation or until at least
60 days have passed from the date that the city council proposed an
amendment to the commission. (Minn: Stat. §462.355, subd. 3).
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C. Effect of the plan.
The plan is the policy statement for the future development of the city. In the
metropolitan area, however, cities are required to take steps to ensure that their
official controls (subdivision ordinances, zoning ordinances, capital improvement
programs, etc.) do not conflict with the comprehensive plan. If inconsistencies
exist, cities must either amend the plan or amend their official controls to remove
the inconsistencies. Metropolitan cities may not adopt any fiscal device or
official control that is in conflict with their comprehensive plans or that permit
activity in conflict with metropolitan system plans. (Minn. Stat. §473.858, subd.
1).
IV. Judicial Review of Zoning Decisions
A. General: Courts review zoning decisions to determine whether they are
reasonable under the facts and circumstances. A zoning decision will not be
overturned if there is a reasonable basis for the decision. Courts will overturn
decisions that are arbitrary or capricious — based on "whim or caprice." The City
normally acts in a "legislative" capacity when it conducts zoning activities, with
the result a court will review these decisions under a reasonableness standard.
See, Sun Oil v. Village of New Hope, 220 NW 2d, 256 (1974).
B. Zoning and Rezoning (CCC; §515.05, subd. 4).
1. Zoning and rezoning is normally a legislative act.
- The City is formulating public policy.
- Courts give cities greater latitude in this area --is the decision
reasonable.
2. Zoning decisions must be upheld unless it can be shown that the
classification is not supported by any rational basis relating to promoting
public health, safety, or welfare, or that it amounts to a taking of the
property without just compensation.
3. It is insufficient for an owner to show only that the property has been
devalued through a zoning change, or that the property would be more
valuable in another classification.
V. Conditional Use Permits or Special Use Permits and Variances.
A. Quasi -Judicial Zoning Act — City applies the ordinance standards to a particular
use.
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.� B. Conditional Use Permits — Standard is governed by the ordinance criteria, as
public policy is established by it. (CCC §515.05, subd. 3).
1. Follow ordinance criteria — public health safety and welfare are assumed
to be incorporated in the ordinance.
2. Examine the facts to determine compliance with the ordinance standards.
If the ordinance is satisfied, or can be complied with by the imposition of
conditions, the permit should be issued.
3. When a zoning ordinance expressly authorizes proposed use by
conditional use permit, denial must be for reasons relating to public health,
safety and general welfare, using the ordinance criteria as a guide, since a
conditional use is a permitted use, subject to the conditions stated in the
ordinance. Westling v. City of St. Louis Park, 170 NW2d 218 (Minn.
1969).
C. Variances. The standard for granting or denying the variance is governed by the
criteria set forth in state statute and the ordinance. (Minn. Stat. §462.357, subd. 6
and CCC §515.05, subd. 2).
1. Variances, by definition, are the exception to the rule. Require finding of
--N "undue hardship," which exists where:
• Property owner wants to use the property in a reasonable way
otherwise prohibited by the ordinance.
• Circumstances not created by property owner
• Variance will not alter essential character of locality
• Economic considerations alone are not a hardship if a reasonable
use exists under the ordinance.
2. For all appeals and variances, commission must make written findings to
support the action consistent with the developed facts and legal standards.
3. Courts appear to give cities significant leeway in determining whether an
"undue hardship" exists. Where the hardship is solely economic, however, state
law prohibits the granting of a variance, as long as a reasonable use for the
property exists under the ordinance. If you find that the general rule under the
zoning code causes undue hardship to most properties, you should consider
amending the code rather than granting multiple variances. See, Sagstetter v. City
of St. Paul, 529 NW 2d, 488, 490 (Minn. App. 1995); Rowell v. Board of
Adjustment, 446 NW 2d, 917, 919 (Minn. App. 1989).
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VI. Procedure Before Planning Commission and Council
A. Proceedings before the commission and council, including reports, exhibits,
discussions, and testimony, are the evidence relied upon by the court.
B. While new evidence can be submitted at trial, additional evidence can be offered
only where there is good cause why the evidence was not submitted to the city.
C. Cases require both the city and landowner or developer to "lay their cards on the
table" so the city can make a decision with all information available. See,
Swanson v. City of Bloomington, 421 NW2d 307 (Minn. 1988).
If additional time is needed to respond to issues raised, table the matter to
allow for the presentation of all of the evidence, whether this is from the
city, the landowner, the developer, or opponents of an application. Caveat:
remember that you must comply with the 60 -day law.
D. The procedure requires that the planning commission and the city council be
thoroughly prepared for the hearing.
1. Allow all parties to fully present information.
2. Thoroughly study and review the planning reports.
3. Know the reasons for granting or denial of the request.
4. Clearly state the reasons for a decision when making a motion. Planning
staff typically prepares a written report and recommended findings in each
matter coming before the commission. If you believe the staff report
contains sufficient information to support your decision, you should
reference the staff report in the motion, for example, "...including the
findings of fact and conditions of approval contained in the staff report."
If the commission disagrees with the staff findings and recommendation,
the motion should include specific findings of fact and, if applicable,
conditions of approval. The commission may postpone the matter if
necessary to draft its findings.
E. What not to do at the hearing.
1. Do not make "off the cuff' comments unrelated to land use issues that
could damage the city's position.
2. Do not shoot from hip in stating reasons for denial.
3. Do not make a quick decision if new evidence comes out at the hearing.
The matter can be tabled to prepare a thorough response to new matters `..
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raised by the applicant or the parties opposing the application, subject to
compliance with the 60 -day law, of course.
VII. Commonly Heard Arguments.
A. The decision being made will reduce the value of my property and result in a
taking.
Thumbnail sketch of takings law. A regulation adopted by a state or political
subdivision constitutes a "regulatory taking" in two situations:
1. A categorical taking occurs if the regulation destroys the entire value of
the property. In such a case, a governmental entity must compensate the
property owner.
2. In those instances where a regulation diminishes, but does not destroy, the
value of property, a taking can still occur based on the facts and
circumstances of each case. In making this type of determination, courts
look at such things as: (a) the nature of the regulation; (b) the extent to
which the regulation impacts the value of the property; and (c) the
legitimate investment -backed expectations of the property owner. Judicial
review of each takings claim is a highly fact intensive exercise.
B. Your decision may later be determined by a court to be a "precedent," particularly
where you make a decision affecting a number of properties. It is important to
treat similarly situated properties similarly. In most instances, differences exist
between zoning applications that may justify different treatment. Courts also
recognize that circumstances change with the passage of time, and time alone may
be a sufficient basis (from a legal perspective) to distinguish two different
applications. As a practical matter, it is important to articulate reasons and the
factual basis for making zoning decisions, so that distinguishing facts are
identified in the planning commission and city council records.
VIII. The 60 -Day Law
A. Decisions subject to the 60 -da w. The 60 -day law applies to written requests
for a permit, license or other government approval related to zoning, septic
systems, or the expansion of the Metropolitan Urban Service Area. This means it
applies to requests for rezoning, conditional use permits, variances, and probably
comprehensive plan amendments. It does not apply to subdivision approvals,
which have their own specific time limits.
B. Starting the Clock. The 60 days do not begin to run until a completed application
is received. However, the law deems any application to be complete (at least for
purposes of starting the clock) unless the city within 15 business days after receipt
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notifies the applicant that the application is not complete and specifies what
information is missing.
C. Extensions of the 60 -day Period.
1. The 60 days is automatically extended if a state or federal law or a court
order requires a process to occur before the city acts on the request.
(Example: EAW or EIS is required.) In that case, the deadline is
extended until 60 days after the process is completed. (E.g., 60 days after
a determination that an EIS is adequate.)
2. The city can extend the deadline for an additional 60 days by giving
written notice to the applicant before the initial 60 -day period expires.
The written notice must give a reason for the extension and the length of
the extension.
3. The city can extend the deadline for more than an additional 60 days, if
the applicant agrees. It is preferable, but not required to get the
applicant's consent to such an extension in writing.
D. Denial. If the application is denied, the city must state the reasons for denial in
writing at the time the request is denied, and provide the applicant with the
statement of reasons for the denial. The reasons in the written statement must be
consistent with the reasons stated on the record for denial. Resolutions with
written findings are therefore preferred on most applications subject to the 60 -day
law. When a vote on a resolution or motion to approve a request fails, the failure
constitutes a denial, provided that those voting against the motion state on the
record the reasons why they oppose the request. A denial because of failure to
approve a resolution or motions doesn't preclude an immediate submission of the
same or similar request.
E. Effect of Missing the Deadline. An application that is subject to the 60 -day law is
deemed automatically approved unless the city approves or denies the application
within the 60 -day period or extended period.
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