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2003.12.08 PC Work Session PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY * WORK SESSION * December 8, 2003 (immediately following the regularly scheduled meeting) Crystal City Hall - Conference Room A 4141 Douglas Dr N A. CALL TO ORDER B. DISCUSSION 1. Presentation by Steven J. Bubul, City Attorney 2. Year-end Review and Wrap-up C. ADJOURNMENT ZONING AND PLANNING INTRODUCTION TO BASIC PRINCIPLES Prepared for the Crystal Planning Commission Stephen Bubul, 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: 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... " SJB-241327v1 CR205-30 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. 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. 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) - To review site plans and building permit applications for uses other than single family homes and duplexes. (City Code Section 520) SJB-241327v1 2 CR205-30 —. - 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 "planned, 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. 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. 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. 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. SJB-241327v1 3 CR205-30 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. 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." B. Zoning and Rezoning: 1. Zoning and rezoning is normally a legislative act. The City is formulating public policy. Courts give cities greater latitude in this area. 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. B. Conditional Use Permits — Standard is governed by the ordinance criteria, as public policy is established by it. Follow ordinance criteria — public health safety and welfare are assumed to be incorporated in the ordinance. SJB-241327v1 4 CR205-30 2. Examine the facts to see that the ordinance is complied with. 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. C. Variances. The standard for granting or denying the variance is governed by the criteria set forth in state statute and the ordinance. 1. Variances, by definition, are the exception to the rule. Require finding of undue hardship, which exists where • Property can't be put to reasonable use • Circumstances not created by property owner • Variance will not alter essential character of locality. 2. For all appeals and variances, commission must make written findings to determine if the action will:m-' 4, . • impair adequate supply of light and air to adjacent property. • unreasonably increase congestion in public streets. • increase danger of fire or otherwise endanger public safety. • unreasonably diminish or impair established property values in neighborhood or in any other way contrary to the intent of the zoning code. 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 causes undue hardship to most properties, you should consider amending the rule rather than granting multiple variances. VI. Procedure Before Planning Commission and Council A. Proceedings before the commission and council 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. SJB-241327v1 5 CR205-30 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. Be able to articulate the reasons for a decision. 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. „r The matter can be tabled to prepare a thorough response to new matters 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: I 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. SJB-241327v1 6 CR205-30 B. If you make this decision you will be setting a "precedent." 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 -day law. 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 10 business days after receipt 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. Effect of Missing the Deadline. An application that is subject to the 60 -day law is automatically approved unless the city approves or denies the application within the 60 -day period or extended period. If the application is denied, the city must state the reasons for denial in writing at the time the request is denied. SJB-241327vl % CR205-30 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. SJB-241327v1 CR205-30