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Planning Commission Agenda - 01/07/2025 (Workshop)AGENDA JOINT MONTICELLO PLANNING COMMISSION/CITY COUNCIL WORKSHOP Tuesday, January 7, 2025 — 5:00 p.m. Academy Room, Monticello Community Center Commissioners: Chair Andrew Tapper, Vice -Chair Melissa Robeck, Rick Kothenbeutel, Teri Lehner, Rob Stark City Councilmembers: Mayor Lloyd Hilgart, Kip Christianson, Charlotte Gabler, Tracy Hinz, Lee Martie Staff: Angela Schumann, Steve Grittman, Bob Ferguson, Tyler Bevier 1. Call to Order 2. Land Use Basics 3. Adjournment January 6, 2025 Monticello Planning Commission Monticello Land Bas* ICS Wr�ittma'n Consulting Lk EIRAL _ GEP1� [try.. � IN him, go, Planning and Zoning - Introduction -! '"# Y • Land Use Planning is an activity permitted to local governments by the State - MN Stat 462 governs planning and zoning. • Prior to our current zoning process, land use was regulated by nuisance law. • Nuisances are infringements on property rights by another person. • Property rights include the right to use one's property for one's own benefit, and not to be unreasonably interfered with by others. M • Nuisance law is notoriously difficult to manage - expensive, uncertain, inconsistent from place to place. • Public zoning took the place of private nuisance lawsuits in the early 1900s. The theory was that a consistent set of land use expectations could be written and defended, and people could make more predictable investments in real estate, under a public scheme. • Public land use regulation acknowledges that the public has a stake in how property is developed, since the public will be asked to maintain the infrastructure and public safety to preserve it - the "police powers". Meeting Conduct - Roberts' Rules of Order • Roberts' Rules govern - generally - the conduct of meetings. • The objective of the rules is to run a fair, open meeting and get the best information out to the decision -makers. • Most meetings are run very informally, where the chair has significant latitude to vary the process to run efficiently, while maintaining fairness. li�Comprehen 40 six Plan The fundamental planning documel" metro area, highly recommended regar ss9 a_ the 7-County • In Monticello (and all 80 non -metro coun� s), the Zoning Ordinance is actually the dominant�locurTient in cases of conflict with the Comp Plan. Most recognizable portion -the Future Land Use Plan. The most critical -statement of Goals and Policies. • Everything done as a part o land use regulation should relate to the City's land uE olicies, rat r a. Comp Plan, cont'd • The City has a great degree of discretion in setting the terms of its Comprehensive Plan. • As one works from the bottom of this pyramid to the top, discretion lessens, until at the top, the City is functioning in what is essentially a clerical role only. N Zoning, and Zoning Ordinances • Zoning and Subdivision regulations are by far the most common implementation tools of Comprehensive Plan policy. • Zoning amendments consist of two types: Text Amendments and Map Amendments (commonly called "rezoning"). • Both adopted by ordinance. • Regulated by statute according to City class size -large cities (and cities in other states) can often do things Monticello can not! Zoning and Subdivision, cont'd • Zoning amendments are regulated by the following specific criteria: (a) Whether the proposed amendment corrects an error in the original text or map; or (b) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. (c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. Zoning and Subdivision, cont'd Other common considerations: i. Traffic levels capable of being handled on existing roadways. ii. Utility demands capable of being served with existing utility capacity. iii. Land Use compatibility with adjoining property. iv. Consistency with Land Use guide plan. v. Environmental concerns (air, soil, water) and potential hazards to the public. vi.Impacts on Schools, Parks or Open Space. Conditional Use Permits • Uses that are presumed to be allowed, but require special conditions to address special impacts of the use. • Difficult to deny - the City should be able to identify specific issues that need changing to meet the intent of the City's land use goals. • If a developer can meet the reasonable conditions, they have a right to approval. • The most common generator of Monticello's "Exhibit Z" conditions. Interim Use Permits • Just like a specific Conditional Use Permit, but with timeline attached. • Expiration may be a date or an event. • Should be accompanied statement of agreement verifying the expiration by a written from the applicant of the permit. • New permits are new, technically not "renewals" - there is no inherent right to continue a use after the termination date. Variances • An approved variation to a (usually) dimensional standard, such as a setback, or lot coverage, etc. Decided by the "Board of Adjustment and Appeals" - in Monticello, this is the Planning Commission • Requires a finding that there is a specific, unique "practical difficulty" in putting the property to what would otherwise be a reasonable way to use the property. The conditions cannot be created by the owner, or solely economic. • Designed to be somewhat difficult to get - there i City's general do a thorough job of addressing the Variances respond to truly unusual circumstances would otherwise be "reasonable use". s a presumption that the most common conditions. that interfere with what Decision -making, Findings • Findings of Fact are critical to good decision -making and legal support. • The Commission or Council should be able to state the reasons, based in the City's land use goals/policies, why a decision is being made, pro or con. • Should be made at the time of the decision. • Should be able to be put in writing. • Should be based on evidence presented to the public body - not some outside knowledge the Council or Commission has. • Solid findings protect the City from future litigation - a court will rarely overturn clear findings, and will presume those facts. I I � "60-Day Rule" • An administrative responsibility - from MN Stat 15.99 - to ensure zoning decisions are made promptly, within 60 to 120 days. • The date is from the date of complete application to the final Council decision. The City has 15 days to determine completeness or reject the request. 13dtp � S _ 1 ,1 ro5 gy217 16Wo cis ildivisions and Plats 6 s` I.; -all .undamental function of City land use xulation - one of the "Official Controls" 0 rned by statute. .1e. City should try to imagine how the ,Sign of the subdivision will create Pfift lighborhoods that are consistent with the Ly s [and use objectives.s,. r -'00.w ?7.0-fa -Now �0p irough Subdivision, the City is permitted require dedications of • • for Na 0`S3.39- W itities and parks. 4� p� ' 2 ? 0000" 19 N385 00,00 F tP l F �O� Planned Unit Development • PUD is considered a single project on a single parcel of real estate, even though it may be many of both. • PUD is used to coordinate large complex developments, or manage smaller projects that use unique planning techniques. • At all times, the threshold for a PUD proposal is whether it does a better job of meeting the City's land use objectives that would straight zoning. Nonconformities WO • Land uses that were once legal I under the then -existing code, but T which now no longer meet the E .- requirements or uses allowed in s the zoning district. • A nonconformity owner may LAIMNE,S continue the use into the future, even replacing it completely (but not expansion). Eventually the code is designed to bring the -' uses and buildings into .: . conformance with current Code. r 0 Annexation • Annexation is governed by Minnesota Rules (Section 4100) • Three essential methods: • Annexation by Ordinance (120 acres, contiguous, petition from owners; or the City owns the parcel; or the City completely surrounds it). The township cannot object to these. • Orderly Annexation - A joint resolution of township and city establish the rules and the area, as well as the timeline). The agreement is approved by the State boundary adjustments administration. • "Contested Case" Annexation - The City chooses to litigate an annexation when there is a concern over the "urban or suburban" character of the area and the ability to protect the needs of the area. The city and township argue their positions before an Administrative Law Judge. Questions? Stephen Grittman Monticello City Planner Grittman Consulting, LLC Three primary public bodies involved in Planning and Zoning Economic Development A Development Committee, specific purposes. [y become Arts) and uthorit or and o her involved, depending on Recreation Commission, H RA, Industrial ad hoc groups organized the for • City staff serves as tie. "Executive" branch at the local government level - - - - - - f the City Council, which acts as eithe gistativARVwhudicial branch, depending on the specific activity. • City staff will include, most prominently, Community Development and Planning Department staff, sometimes utilizing consulti n olizce e. Department staff 'for providin - • and presentation of : •materials"for public officials o u in their decision -ma �n • Other staff commonly involved with PEtZ decisions will be Building Department staff, Engineering and Public Works staff, Fire Department staff, as well as Finance and Administration, among others, dependent upon the issue at hand. The Planning Commission is an Council. The Commission's rot Review land use applications Review staff analysis and commentary to the City Conduct public hearings and receive citizen input Apply Comprehensive Plan Goals and Policies to the issue Deliberate and prepare a recommendation for City Council action The Plannine Commission is formed from citizenry to L 9C.C. into the land use decision proce, convey that input to the City Council. The City Council is the • . - • use decisions of the Council are fina judicial system. Oof the municipality. Lan( subject to appeal to the • The City Council sits as the ` - • = " branch of local government in that it . - • 0 • • - and otherwise sets expectations of • - - . • • . • t the community. The City Council, local government, t o a 9 TUM H W•- it subdivisi alternative[ in that it�1 sits as the branch of - the generally applicable rules r as ruling on a zoning or lication. 9- The Board of Appeals and Adjustments is technically a separate land use body under state law. • In most suburban cities or small towns, either the Council or the Planning Commission, will serve as the Board of Appeals. The Board of Appeals and Adjustments is responsible to hear: (such as a staff ception from the generally ion.