Planning Commission Agenda 01-05-2016 (Special Meeting PC-CC)AGENDA
SPECIAL MEETING — MONTICIELLO PLANNING COMMISSION
Tuesday, January 51h, 2016 - 4:30 p.m.
Academy Room, MontnceHo Community Center
Commissioners: Chairman Brad Fyle, Sam Murdoff, Linda Buchmann, Marc
Simpson, John Falenschek
Council Liaison: Charlotte Gabler
Staff: Angela Schumann, John Rued
1. Call to Order
2. Workshop — League of Minnesota Cities (LMC) Land Use Basics Webinar
3. Adjourn
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%rG2 OF CONNECTING & INNOVATING
INNESOTA SINCE 1913
CITIES
LAND USE BASICS
ACCOMPANYING AUDIO SCRIPT FOR INTRODUCTION
Have you been involved in a complicated or divisive land use decision? How did your city handle
it? Are there things you wish you had done differently?
Regulating land use can be tricky for cities. Outdated regulations can tie the city's hands when
dealing with a land use request. Cities have also run into trouble when they don't respond to
requests in a timely manner or fail to give required public notice.
During public hearings, city officials may find it difficult to separate fact from emotion and focus on
the questions that are within the scope of the city's authority. Finally, cities can get into hot water
when they don't put in writing the reasons for their decisions.
Knowing the basic concepts in land use regulation and understanding your city's authority will
help you navigate controversial situations more effectively.
145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1299
ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG
rG2U LE OF CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
LAND USE BASICS
ACCOMPANYING AUDIO SCRIPT FOR WHY DO WE NEED LAND USE REGULATION?
Why do we have land use regulations? Can't people use their own property in any way they
want? Why can't cities just make decisions on a case -by -case basis?
There are many questions about why we have or need land use regulation. It's worth exploring
why planning and zoning became such an important part of how our communities are designed.
In the past century, the Industrial Revolution changed the way people worked and lived. People
lived close to each other and to the factories in which they worked. Industrial areas were created
in the middle of heavily populated areas. The water, air, and soil in these areas became heavily
contaminated with pollutants. Cramped living conditions limited access to fresh air and sunlight.
As people began to realize that cramped urban conditions were unsanitary and unpleasant, they
wanted safeguards to protect their health and well- being. Planning and regulating land use was a
way to protect people and the environment.
In Minnesota, the Municipal Planning Act gives cities significant powers to plan for their
communities and to adopt land use ordinances. Because these powers impact property rights and
the community so deeply, cities must follow clear rules in an open, fair process.
What you just observed shows an example of a planned community. Cities make policy choices
about the type of zoning their community will use. Other popular options are mixed use, or
clusters.
145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1299
ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG
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LEAGUE of CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
LAND USE BASICS
ACCOMPANYING AUDIO SCRIPT FOR NATURE OF LAND USE DECISIONS
COSTLY. Land use lawsuits are lengthy and complex and are the most expensive type of
lawsuits brought against cities. More than $2 million dollars per year is spent defending land use
cases against Minnesota cities. Aside from the financial impact, land use cases are disruptive and
time - consuming, and the emotional and political toll on a city can be significant.
CONTENTIOUS. People are passionate about their property rights and their neighborhoods!
Landowners and neighbors can have strong feelings about how land is used, and cities can get
caught in the middle of conflicts.
COMPLICATED. The city's authority, and the process you must follow, depends on what role the
city is playing. Recognizing the right role and following the right process can be hard, especially
when people are focused completely on the results and aren't aware of how the legal process
works.
145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1299
ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG
00
LEAGUE of CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
LAND USE BASICS
ACCOMPANYING AUDIO SCRIPT FOR THE CITY'S ROLE IN LAND USE DECISIONS
Cities play multiple roles in the land use process. They create laws by writing plans and
ordinances, apply the laws to specific land use requests once they are written, and administer
technical regulations.
In this section we'll take a closer look at these three roles.
When CREATING land use regulations, the city acts in a policy- making capacity by adopting city-
wide goals and writing laws to carry out those goals. You are developing rules that apply broadly
to the community.
When making these types of decisions, you are acting in a legislative role.
When APPLYING land use regulations, the city must consider whether a particular request meets
the standards and criteria in city and state regulations. You are applying laws that are already in
place.
When you are considering these requests, you are acting like a judge. Your city must hold a fair
hearing, find facts and make a decision by applying the law to information on the record. Failing to
do so can create mistrust, hostility and in some instances, results in legal action against the city.
When making these kinds of decisions, you are acting in a quasi - judicial role.
An ADMINISTRATIVE decision requires an objective determination about whether a particular
project meets the technical requirements of the law. This is where your city makes decisions
about technical approvals like building permits, plan reviews and utilities. These decisions are
usually made by professional staff such as building inspectors or planners.
When considering these approvals, the city is acting in an administrative role.
145 UNIVERSITY AVE. WEST PHONE: (6S1) 281 -1200 FAx: (651) 281 -1299
ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG
00
jEAGUE of CONNECTING & INNOVATING
j�/�INNES0TA SINCE 1913
CITIES
LAND USE BASICS
THE CITY'S ROLE IN LAND USE DECISIONS
Cities play multiple roles in the land use process. They create laws by writing plans and
ordinances, apply the laws to specific land use requests once they are written, and
administer technical regulations.
• Adopting citywide goals
® • Writing plans and laws to carry out those
goals
0 • Making rules that apply broadly
• Acting in a legislative role
Create TOOLS: Comprehensive plan, zoning and
subdivision ordinances
• Considering a particular land use request
• Applying rules that already exist to determine
if the request meets the standards and criteria
in the city's ordinances and plans.
• Acting in a quasi - judicial role
Apply TOOLS: Subdivision applications, conditional
use permits, variances
• Carrying out technical approvals
Making an objective determination about
whether a project meets the technical
requirements of the law
• Acting in an administrative role
Administer k TOOLS: Plan reviews, building permits
145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1299
ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 wEB: www.LMC.oPG
00
LEAGUE of CONNECTING & INNOVATING
j�/IINNES0TA SINCE 1913
CITIES
LAND USE BASICS
THE PYRAMID OF DISCRETION
The pyramid framework illustrates how much discretion the city has to make land use
decisions based on the role it is playing.
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Permits
Plan
Q� .
Review
Variances
� f
QQv Conditional 0It
Q Use Permits
Subdivision Applications
Zoning /Subdivision
ordinances
AA4
omprehensive Plan
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145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1299
ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.oPG
00
LEAGUE OF CONNECTING & INNOVATING
j�/IINNES0TA SINCE 1913
CITIES
LAND USE BASICS
ACCOMPANYING AUDIO SCRIPT FOR UNDERSTANDING YOUR AUTHORITY
Figuring out your role and authority at different points in the land use process can be confusing.
The colors of the pyramid provide help in figuring out how to approach decisions.
The area at the bottom that includes planning and ordinances is green. When you are planning
and making laws about how land will be used, you have a great deal of discretion to make
choices about what you'd like to have in your city, or things you don't want to have. Even though
you have a "green light" in this section, take plenty of time to consider the best direction for your
city. This is the time to solicit community input, gather information, and think carefully about the
needs and interests of your city's residents.
When you get to decisions in the yellow section, slow down and use caution. There is still
discretion to make some choices, but first you need to check and see what laws or plans are
already in place. Think of yellow as the danger zone, so proceeding without looking carefully can
lead to trouble!
You have very little discretion to make choices in the red area. These are objective decisions
about whether technical standards have been met.
While conflicts about what is best for a neighborhood or the broader community can arise at any
time, disputes that occur in the yellow area of the pyramid can be the most difficult to manage.
Because the City has some discretion, it can be confusing for residents and decision makers to
understand just how that discretion is limited by state and local land use regulations.
Let's take a look at some typical land use situations to understand your role and what kinds of
information you can consider when making decisions.
145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1299
ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG
Ot
jrEAGUE of CONNECTING &- INN
MINNESOTA SINCE 1913
CITIES
LAND USE BASICS
USING THE PYRAMID OF DISCRETION TO UNDERSTAND YOUR AUTHORITY
Do you know how much authority your city has when making land use decisions? The
pyramid framework will help you figure out how to approach these decisions.
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PO��''Permits
Review
Variances
A f
QQ� Conditional
Q Use Permits �F
Subdivision Applications
1106
L�. � Comprehensive Plan' �
SLOW DOWN! Cities have some
discretion, but must apply existing
land use regulations to the specific
facts of a situation.
r
2
Variances
QQ Conditional
Use Permits
Subdivision Applications
Zoning /Subdivision Ordinances
t' Comprehensive Plan
145 UN IVE KS ITY AVE. WEST
ST. PAUL, MN 5S103 -2044
GO! Cities have a lot of discretion to
make policy choices and can
consider almost any information.
Permits
plan
P Review
Variances
Q� Conditional
a Use Permits
Subdivision Applications \
4onmgibuto0vision Ordinances
O�
Comprehensive Plan
STOP! Cities have little discretion
when making decisions about
whether a project meets technical
standards.
PHONE: (651) 281 -1200 FAx: (651) 281 -1299
TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG
Land Use Basics
Professional Online Training
Developed by the League of Minnesota Cities
Taking Action on What You've Learned
Have you been excited to put new skills to work after training, only to forget all you have learned
just a few days later? An individual training event cannot be successful unless you apply what you
have learned. Here are some ideas for specific actions to take to get the most out of this course.
Action 1: Discuss what you have learned.
Talk with others in your city that are involved in making land use decisions.
Recall difficult land use situations in your community.
Think about the challenges your city has encountered when making decisions related to con-
troversial projects and what you have learned from those experiences.
Consider how the lessons learned in this course might have helped to minimize conflict.
Action 2: Print the Pyramid of Discretion and identify
where you are at on the pyramid for each land use decision.
Before the next meeting where you will be making a
land use decision:
• Review the requests on the agenda.
• Determine the type of requests and where they
fall on the pyramid.
• Identify what regulations apply.
• Determine what other information the city can consider
Action 3: Tell others in your city to take this course.
Variances
Conditional
a Use Permits tF
Subdivision Applications
Encourage your city councilmembers, planning commissioners, and planning and zoning staff to
take this course. When everyone understands the city's role and authority, you'll be able to more
effectively navigate difficult land use decisions.
The League is here to help! Here are some additional resources to help you effectively and legally
regulate land use in your city.
• LMC Handbook for Minnesota Cities (Chapter 15) at www.imc.org
• LMCIT Land Use Materials at http: / /www.Imc. org/page /l/LandUseMaterials.jsp
• LMCIT Land Use Staff (800) 925 -1122 or (651) 281 -1200
Other courses in the Land Use Basics Series at www.Ime.org
145 University Ave. West
St. Paul, MN 55103 -2044
(800) 925 -1122 or (651) 281 -1200
www.Imc.org
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