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Planning Commission Minutes 03-03-2015 Special MeetingMINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Tuesday, March 3rd, 2015 - 4:30 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Alan Heidemann, Linda Buchmann, Amber Kramer, Sam Murdoff Absent: None Others: Angela Schumann, Ron Hackenmueller, Steve Grittman (NAC) 1. Call to Order Alan Heidemann called the special meeting to order at 4:34 p.m. 2. Purpose The purpose of the special meeting is to conduct a workshop related to Land Use Basics. 3. Land Use Basics Workshop Angela Schumann indicated that Steve Grittman would present an overview of the statutory authority related to planning and zoning to provide the Planning Commission some context for considering land use issues. She invited the commissioners to take advantage of additional trainings, such as those offered by the League of Minnesota Cities, GTS and WSB. Schumann also introduced Amber Kramer. Gritmann presented some background information related to why cities plan and the authority by which cities plan. He noted that the concept of planning had evolved in response to the need to establish a process to more efficiently handle property rights disputes. He defined "property" as a bundle of rights related to ownership. He pointed out that local governments have constitutional authority to restrain personal freedoms and property rights for the protection of public health, safety and welfare. Planning and zoning function as the policing power by which land use issues are addressed. Grittman noted that the Comprehensive Plan guides local land use policies and zoning implements those policies through regulation. He suggested that zoning creates a framework of expectations within which property owners can act and for which government assumes responsibility for enforcement. Grittman pointed to several landmark legal decisions to illustrate how zoning has been challenged and redefined through the years. He indicated that the Supreme Court had ruled that zoning laws must protect a valid government interest or public use and be a reasonable method of achieving a goal. He suggested that terms such as public use and reasonable are not defined and subject to debate. Grittman also pointed out that that regulations are subject to both procedural and Planning Commission Special Minutes: 3/03/15 substantive constitutional limitations. This means that private property cannot be taken without due process of law (the right to be heard), nor without just compensation. Grittman indicated that lawsuits claiming unconstitutional taking and loss of property values helped to clarify criteria for regulatory takings (inverse condemnation). He pointed out that the Supreme Court established a three part test for determining whether a regulatory taking is appropriate. The test considers the economic impact on the property owner, the owner's reasonable investment backed expectations, and the character of the regulation. These rules continue to be valid despite the lack of clear definition. Grittman added that regulatory takings are further limited to those with a nexus connection related to the public burden created by the private owner, and roughly proportional in size to the burden. Schumann asked Grittman to explain the regulatory structure involved in land dedication. Grittman pointed out that cities can legally require the dedication of streets and parks and trails by function of subdivision. Cities must have a plan which identifies the streets or parks and trails system and a formula which identifies the share of the burden each individual property places on the system when subdividing or creating new lots. Grittman also distributed a Planning and Zoning Basics report and provided a brief overview of the types of planning issues and actions typically addressed by Planning Commissions. He highlighted information related to meeting conduct and Robert's Rules of Order, Comprehensive Plans, Rezoning and Zoning amendments, Conditional Use Permits, Interim Use Permits, Variances, Findings of Fact, "60 Day Rule ", Subdivisions and Plats, and Planned Unit Developments. 4. Adiournment ALAN HEIDEMANN MOVED TO ADJOURN THE SPECIAL MEETING AT 6:00 PM. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Kerry Burri Approved: April 7a', 2015. Attest: ty Development Director 2