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Planning Commission Agenda - 04/15/2024 (Special Public Hearing)AGENDA SPECIAL MEETING — PLANNING COMMISSION Monday, April 15, 2024— 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Chair Paul Konsor, Vice Chair Andrew Tapper, Teri Lehner, Melissa Robeck, Rob Stark Council Liaison: Councilmember Charlotte Gabler Staff: Angela Schumann, Steve Grittman, Ron Hackenmueller, Hayden Stensgard 1. General Business A. Call to Order B. Roll Call C. Consideration of Additional Agenda Items D. Approval of Agenda E. Citizen Comment 2. Public Hearings A. Consideration of an Amendment to the Monticello Zoning Ordinance, Sections 153.026, 153.027, and 152.028 for Application Review and Procedures. Applicant: City of Monticello 3. Regular Agenda 4. Other Business 5. Adjournment Planning Commission Agenda — 04/15/2024 2A. Public Hearing - Consideration of an Amendment to the Monticello Zoning Ordinan Sections 153.026, 153.027 and 152.028 for Application Review and Procedures Prepared by: Meeting Date: Council Date (pending Community Development Director, 04/15/2024 Commission action): Grittman Consulting —City Planner 04/22/2024 Additional Analysis by: City Attorney, Community & Economic Development Coordinator ALTERNATIVE ACTIONS Decision 1: Consideration of amendment to Monticello Zoning Ordinance, Section 153.027 1. Motion to adopt Resolution No. PC-2024-11 recommending approval of an Amendment to the Monticello Zoning Ordinance, Sections 153.027 for Common Review Procedures and Requirements based on findings in said resolution. 2. Motion to deny the adoption of Resolution No. PC-2024-11 recommending denial of an Amendment to the Monticello Zoning Ordinance, Sections 153.027 for Common Review Procedures and Requirements based on findings to be made by the Planning Commission. 3. Motion to table action on Resolution No. PC-2024-11. REFERENCE AND BACKGROUND Property: N/A Planning Case Number: 2024-16 Request(s): Amendment to the text of the Zoning Ordinance as related to notification requirements for public hearings Deadline for Decision: NA Land Use Designation: NA Zoning Designation: NA Overlays/Environmental Regulations Applicable: NA Current Site Uses: NA Surrounding Land Uses: NA 1 Planning Commission Agenda — 04/15/2024 ANALYSIS As staff was reviewing notification requirements for an upcoming public hearing item, it was noted that the City's Zoning Ordinance requires mailed notice to all property owners "within 350 feet" for Zoning Map Amendments. State statute requires mailed notice only when a map amendment involves changes in district boundaries affecting an area of five acres or less (Sec. 462.357 MN Statutes, see subdivision 3). Staff propose to amend the text of the Zoning Ordinance to align with the statute, rather than require mailed notice to all properties within 350 feet in all cases, as a matter of general practicality for meeting notice requirements. The statute requires direct mail notification for smaller parcels that may have uses or changes that may more directly impact a relatively small area. The legislature chose the 5-acre threshold as one where the impacts are likely to spread over a much larger area, and therefore, a more regional published notice alone is the practical requirement. Notice to hundreds of individual owners for a large rezoning can be overly burdensome for communities, both from a basic cost of mailing, and for the time needed to prepare those notices - particularly where the impacts are likely to be spread out, and where many of those being mailed notice would no longer see those impacts. In addition to alignment with state requirements, the proposed amendment to 153.027(I) of the Zoning Ordinance would eliminate confusion regarding a possible requirement to notify property owners beyond those specifically impacted by a zoning map change. This can create unnecessary confusion on the part of those noticed on the limits of the district change and applicability of the amendment. Furthermore, zoning map amendments which affect district boundaries are frequently accompanied by other land use applications, such as planned unit development or plat, which each individually trigger a written notice to all property owners within 350 feet. The proposed amendment also clarifies that text amendments to the ordinance require only published notice, again consistent with state statute. Text amendments apply broadly and often have city-wide applicability. The City also retains the option to provide written notice to property owners beyond the minimum notification requirements, regardless of the proposed amendment clarifying notification. The amendment proposed clarifies the written notice requirements consistent with state statute for zoning map amendments and further adds clarification that published notice only is required for zoning text amendments. Published notice only is required for text amendments as they apply broadly to the full City in their subject text. Planning Commission Agenda — 04/15/2024 Upon further review, no changes to Sections 152.026 or 153.028 are proposed. STAFF RECOMMENDED ACTION Staff recommends amendment of the notification requirements for zoning map amendments. SUPPORTING DATA A. Resolution PC-2024-11 B. Ordinance No. XXX C. Monticello Zoning Ordinance, Excerpt D. Sec. 462.357 MN Statutes. Subdivision 3 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2024-11 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO SECTIONS 153.027 OF THE MONTICELLO ZONING ORDINANCE RELATING TO REGULATIONS GOVERNING COMMON REVIEW PROCEDURES AND REQUIREMENTS WHEREAS, the City has identified zoning ordinance language that raises clarity and applicability concerns as related to written public notification requirements for zoning map and text amendments; and WHEREAS, City staff has proposed an amendment to the zoning ordinance intended to align the notification requirements with Minnesota Statute 462.357 for require public notification for zoning text and map amendments; and WHEREAS, the Planning Commission held a public hearing on April 15, 2024 on the application and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. Changes to the ordinance are necessary to ensure reasonable and clear regulations. 2. The proposed amendment eliminates concerns over applicability and alignment with statutory notification requirements. 3. The proposed ordinance amendment provides conformity between the Monticello Zoning Ordinance and the State of Minnesota statutes. 4. The proposed ordinance amendment further clarifies that ordinance text amendments are subject to separate notification requirements than map amendments as outlined in State statute. 5. Providing published notice only for large parcels reduces administrative costs and burdens that are not well -tailored to the impact of a rezoning request. 6. Rezoning is required to be consistent with the Comprehensive Land Use Plan, and as such, does not create unanticipated land uses 7. Mailed notice continues to be required for specific development proposals requiring other zoning approvals, including PUD, Plats, or other processes that are most likely to create impacts worthy of additional notification. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the proposed amendment to the zoning ordinance. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2024-11 ADOPTED this 151" day of April, 2024 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION Paul Konsor, Chair ATTEST: Angela Schumann, Community Development Director 2 ORDINANCE NO.8XX CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE MONTICELLO CITY CODE XV, CHAPTER 153, MONTICELLO ZONING ORDINANCE, SECTION 153.027 FOR COMMON REVIEW PROCEDURES AND REQUIREMENTS REGULATIONS THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: SECTION 1. § 153.027(I) — Public notification is hereby amended as follows: (I) Public notification. Applications requiring public notification shall be noticed in compliance with the following provisions. (1) Content. Notices for public hearings, whether by publication or mailed notice, shall contain at a minimum: (a) A bold title referring to the content of the notice. (b) Identification of the address or location of the property or properties subject to the application. (c) Date, time, and place of the public hearing. (d) Nature and scope of the application. (e) Where to view the application. (f) Where the public may be heard. (g) Provision for written comments. The notice will describe where written comments will be received prior to the public hearing. (2) Timing of the notice. Unless otherwise expressly provided or required by law, all statutorily or code required notices shall be postmarked or published at least ten days prior to the hearing or meeting at which the application will be considered. (3) Responsibilities. (a) Published notice. When the provisions of this chapter require that notice be published, the Community Development Department shall be responsible for preparing the content of the notice and publishing the notice in the city's official newspaper. The content and form of the published notice shall be consistent with the requirements of § 153.027(I)(1) and state law. (b) Written (mailed) notice. When the provisions of this chapter require that written or mailed notice be provided, the Community Development Department shall be responsible for preparing and mailing the written notice per the requirements outlined in Table 2-2. TABLE 2-2: WRITTENNOTIFICATIONREQUIREMENTS Application Type Written Notice Provided To Comprehensive Plan Amendment - For amendments which involve five acres of land or less, written notice shall be provided to all property owners within 350 feet - For amendments which involve more than five acres of land, notice need only be published within the city's official newspaper ORDINANCE NO.8XX CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA Zoning Map Amendment All pr-opefty owners within 350 - For amendments which involve changes in district boundaries affecting an area five acres of land or less, written notice shall be provided to all property owners within 350 feet - For amendments which involve changes in district boundaries affecting an area more than fve acres of land, notice need only be published within the ciU s official newspaper Zoning Text Amendment Written notice not required; published notice only required Variance All property owners within 350 feet Conditional Use Permit All property owners within 350 feet Interim Use Permit (new and renewal) All property owners within 350 feet CUP/IUP Revocation Permittee/landowner only Planned Unit Developments All property owners within 350 feet SECTION 2. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title XV, Chapter 153, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. SECTION 3. This Ordinance shall take effect and be in full force from and after its passage. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall. Lloyd Hilgart, Mayor ATTEST: Rachel Leonard, City Administrator AYES: NAYS: 2 § 153.027 COMMON REVIEW PROCEDURES AND REQUIREMENTS. (A) Applicability. The requirements of § 153.027 shall apply to all applications subject to review under this chapter unless otherwise stated. (B) Authority to file applications. (1) Unless otherwise specified in this chapter, applications may be initiated by: (a) The owner of the property that is the subject of the application; (b) The owner's authorized agent; or (c) The city, including the Community Development Department as authorized by this chapter. (2) When an authorized agent files an application under this chapter on behalf of a property owner, the agent shall provide a signed authorization from the fee title property owner stating that the property owner agrees to be bound by all decisions, agreements, and related conditions agreed to by such agent. (3) For all applications involving multiple owners, contract purchasers, etc; all such persons shall sign the application. (C) Application submission schedule. The schedule for the submission of applications in relation to scheduled meetings of the decision -making bodies shall be maintained by the Community Development Department and made available to the public. (D) Application contents. (1) Organization and copies. The organization of applications and the number of copies of required information to be submitted shall be determined by the Community Development Department. (2) General submittal requirements. All applications shall include: (a) A completed City of Monticello application form; (b) Verification of authority to file applications per the requirements of §153.027(B); (c) Supporting title information establishing ownership interests in the property (e.g. a title commitment and/or signature of fee title property owner); (d) All submittal requirements outlined in this chapter for the specific application type; (e) Electronic copies of all written narratives and plan sets required by the Community Development Department as part of the specific application; (f) The city may require applicants to submit such technical studies as may be necessary to enable the city to evaluate the application. Such studies may include, but not be limited to, traffic studies, engineering studies, environmental impact assessments, and economic impact reports. The costs of such studies shall be borne by the applicant with the persons or firms preparing the study approved by the city. (3) Submission of fees. Applications shall be accompanied by a fee as established by the City of Monticello pursuant to the most recently adopted City of Monticello Fee Schedule. (E) Application acceptance. (1) Complete application required. The review and consideration of an application submitted under this section shall only occur if such application includes all items that are required in support of the application and is deemed complete by the Community Development Department (see M.S. § 15.99(3)(a), as it may be amended from time to time). (2) Waiver of application requirements. Except for the required application form and the associated fee, the Community Development Department may waive individual submittal requirements and deem an application complete for review if it is determined that such information will serve no purpose during the review process. However, it is the responsibility of the applicant to supply all information required by this chapter, and a waiver issued by the Community Development Department shall not eliminate the need to provide such information at a later time if it is ultimately deemed necessary to adequately review the application. During the review process, failure of an applicant to supply information in a timely manner may result in denial of the application due to the city's inability to comply with state mandated time deadlines. (F) Simultaneous processing of applications. Whenever two or more forms of review and approval are required under this chapter (e.g., a proposed rezoning and subdivision application), the applications for those approvals may, at the discretion of the Community Development Department, be processed simultaneously, so long as all applicable requirements are satisfied for all applications. (G) Pre -application conferences. (1) All prospective applicants are encouraged to speak with a member of the Community Development Department prior to submitting an application in order to review the proposal and to determine the specific materials to be submitted with the future application. (2) Discussions that occur during a pre -application conference are not binding on the city and do not constitute official assurances, representations or approvals by the city or its officials on any aspects of the plan or application discussed. (H) Fees. (1) Determination of fees. Fees required to accompany applications submitted under this chapter shall be in accordance with the approved fee schedule adopted yearly by the City Council. (2) Fees to be paid. No application shall be accepted until all applicable application fees have been paid. (3) Refund of application fee. Application fees are not administratively refundable except when the Community Development Department determines that an application was withdrawn prior to any consideration or review of the application. (4) Escrow. Application fees may also require payment of an escrow in favor of the city. The required escrow amount shall be in accordance with the approved fee schedule adopted yearly by the City Council. (5) Staff and/or consultant fee. In order to defray the additional cost of processing applications submitted under this chapter, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicants request and all materials for said request. (a) "Materials" shall include, but not be limited to, maps, graphs, charts, drawings, etc., and all printing and reproduction of same. (b) "Staff and/or consulting time" shall include any time spent in either researching for or actual production of materials. (c) The hourly rate for "staff and/or consulting time" shall be in accordance with the approved fee schedule adopted yearly by the City Council. (1) Public notification. Applications requiring public notification shall be noticed in compliance with the following provisions. (1) Content. Notices for public hearings, whether by publication or mailed notice, shall contain at a minimum: (a) A bold title referring to the content of the notice. (b) Identification of the address or location of the property or properties subject to the application. (c) Date, time, and place of the public hearing. (d) Nature and scope of the application. (e) Where to view the application. (f) Where the public may be heard. (g) Provision for written comments. The notice will describe where written comments will be received prior to the public hearing. (2) Timing of the notice. Unless otherwise expressly provided or required by law, all statutorily or code required notices shall be postmarked or published at least ten days prior to the hearing or meeting at which the application will be considered. (3) Responsibilities. (a) Published notice. When the provisions of this chapter require that notice be published, the Community Development Department shall be responsible for preparing the content of the notice and publishing the notice in the city's official newspaper. The content and form of the published notice shall be consistent with the requirements of § 153.027(I)(1) and state law. (b) Written (mailed) notice. When the provisions of this chapter require that written or mailed notice be provided, the Community Development Department shall be responsible for preparing and mailing the written notice per the requirements outlined in Table 2-2. TABLE 2-2: WRITTEN NOTIFICATION REQUIREMENTS Application Type Written Notice Provided To TABLE 2-2: WRITTEN NOTIFICATION REQUIREMENTS Application Type Written Notice Provided To - For amendments which involve five acres of land or less, written notice shall be provided to all property owners within Comprehensive Plan 350 feet Amendment - For amendments which involve more than five acres of land, notice need only be published within the city's official newspaper Zoning Map Amendment All property owners within 350 feet Variance All property owners within 350 feet Conditional Use Permit All property owners within 350 feet Interim Use Permit (new and All property owners within 350 feet renewal) CUP/IUP Revocation Perm ittee/landowner only Planned Unit Developments All property owners within 350 feet (4) Notice construction. (a) The Community Development Department may use property tax records to determine the names and addresses of affected property owners. A copy of the notice and a list of the owners and addresses to which the notice was sent must be attested to by the Community Development Department and must be made a part of the records of the proceedings. (b) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a good faith attempt has been made to comply with applicable notice requirements. Minor defects in notice are errors that do not affect the substance of the notice (e.g., errors in a legal description, typographical or grammatical errors, errors of actual acreage, etc). Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the notification requirements and information specifying the time, date, and place of a hearing shall be strictly construed. (c) When the records of the city document the publication, mailing, and posting of notices as required by this division, it shall be presumed that notice of a public hearing was given as required by this division. (J) Continuation of public hearings. A public hearing for which proper notice was given may be continued during the course of such hearing to a later date without again complying with the written and publication notice requirements of this chapter, provided that the continuance date is announced at the meeting. (K) Withdrawal of an application. A request for withdrawal of an application shall be submitted in writing with a signature to the Community Development Department. (L) Required action deadline. All applications for land use approvals shall be approved or denied within timeframes required by applicable laws, regulation and the provisions of this chapter in effect on the date the application was submitted. (M) Environmental review. (1) No development project shall be approved prior to review by the Community Development Department to determine the necessity for completion of an Environmental Assessment worksheet (EAW) or Environmental Impact Statement (EIS). Procedures for EAWs and EISs are set forth in the Minnesota Environmental Quality Review Board (EQB) regulations for the Environmental Review Program authorized by M.S. §§ 116D.04 and 116D.045, as the may be amended from time to time, and specified in Minn. Rules Parts 4410.0200 to 44410.7800. (2) Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. No decision on granting of a permit or other approval required may be issued until the EAW/EIS process is completed. (N) Reconsideration of land use approval applications. No application for land use approval which has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six months from the date of City Council action on the application, except where there is substantial new evidence or proof of a change in conditions with respect to such application. Before any such reconsideration, the city may require the submission of the appropriate application fee and the application may be considered as a new application. 462.357 MINNESOTA STATUTES 2023 4 to the commissioners of employment and economic development and agriculture along with the proposed ordinance. (e) A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence. A municipality may grant a variance from this requirement under section 462.358, subdivision 6. Subd. lh. Comprehensive plans in greater Minnesota; open spaces. When adopting or updating a comprehensive plan in a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and that is located outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land and the minimization of development in sensitive shoreland areas. Within three years of updating the comprehensive plan, the municipality shall consider adopting ordinances as part of the municipality's official controls that encourage the implementation of the goals and objectives. Subd. li. Airport safety zones on zoning maps. Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls. Subd. 2. General requirements. (a) At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. (b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. (c) The land use 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 land use plan. Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation Official Publication of the State of Minnesota Revisor of Statutes