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HomeMy WebLinkAbout06-11-1998 Planning Commission Meeting Packet• • CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA THURSDAY, JUNE 11, 1998 1. Comprehensive Plan: a. Legal Requirement b. Process c. Use 7:30 P.M. AGENDA 7:30 I. Cali To Order 7:35 I I . Introductions a. Planning Commission Membership List (1) 7:45 III. Role of Planning Commission and City Council in Local Government 7:50 IV. Role of Staff /Consultant in Planning Decision Making Process 7:55 V. Review of Planning Commission Bylaws and Zoning Ordinance Amendment a. Planning Commission Bylaws (2) b. Zoning Ordinance Amendment #98- 401 -01 (3) 8:05 VI. Planning: an Overview 2. Zoning: a. Legal Requirement b. Ordinance Text/Map Administrative General Requirements /Performance Standards Districts c. Mechanisms Districts /Uses Conditional Uses • Variance /Appeals • PUD • Shoreland Ordinance d. Processing Procedures: 95 Sixty Day Rule • Notices (Newspaper /Mail /Posted) Public Hearings • Findings of Fact and Recommendations /Conclusions 3. Subdivision: a. Legal Requirement b. Ordinance c. Application Processing 9:00 VII. Adjournment: • • (6.5.98) Planning Commission Liason: Scott Richards, City Planner Northwest Associated Consultants, Inc. Commission Members: Mike Dahlquist 14150 54th St. N. Oak Park Heights, MN 55082 Term: 5/98 - 5/00 Charles Hedlund 13991 56th St. N. Oak Park Heights, MN 55082 Term: 5/98 - 5/01 Kirk Schultz 5660 Newgate Circle N. 4) Oak Park Heights, MN 55082 Term: 5/98 - 5/99 City Staff: Julie Hultman, Community Dev. /Recording Secretary Thomas M. Melena, City Administrator City Consultants: Joe Anderlik, City Engineer Bonestroo, Rosene, Anderlik & Assoc., Inc. OAK PARK HEIGHTS PLANNING COMMISSION George Vogt 6411 St. Croix Trl. N. Oak Park Heights, MN 55082 Term: 5/98 - 5/00 Ann Wasescha 5675 Newberry Ave. N. Oak Park Heights, MN 55082 Term: 5/98 - 5/01 Melanie Mesko Administrative Intern Jay Johnson, Public Works Director Katharine Widin, Arborit Plant Health Assoc., Inc. 0' • • • ARTICLE 1 - ORIGIN AND POWERS ARTICLE 3 - MEMBERSHIP • • A. Authorization. The City is authorized and empowered to establish a Planning Commission by the provisions of Minnesota State Statutes 462.354. B. Establishment. The Planning Commission was created in an advisory capacity by action of the Oak Park Heights City Council on 14 April 1998 by the adoption of Ordinance 210 and the amendment of Section 401, the Oak Park Heights Zoning Ordinance. ARTICLE 2 - DUTIES AND OBJECTIVES CITY OF OAK PARK HEIGHTS PLANNING COMMISSION BYLAWS CITY COUNCIL APPROVED 28 APRIL 1998 A. Advisory Capacity. The Planning Commission is designed to serve in an advisory capacity to the Oak Park Heights City Council. B. Objectives. The objectives of the Planning Commission are to make recommendations to the City Council which will guide the development of land, services and facilities within the City, so as to promote the public health, safety and general welfare. C. Public Hearings. The Planning Commission shall hold Public Hearings for variances, conditional use permits, subdivisions, PUD permits, and other applications to the City in accordance with the City Zoning Ordinance and shall make recommendations on said applications to the City Council. D. Special Public Hearings. The Planning Commission may hold such public information hearings as the City Council deems necessary and may make recommendations on applications for building permits or site plan review when requested by the City Council. A. Voting Members. The Planning Commission shall consist of five citizen members who are eligible voters residing within the Oak Park Heights City limits and who are appointed by the City Council. • • B. Ex- Officio Members. There shall be a City Council person designated by the Mayor, with the consent of the City Council, to be a liaison to the Planning Commission. Such City Council person shall serve without voting power and in a capacity as ex- officio to the Planning Commission. The Mayor, with the consent of the City Council may also appoint non - voting, ex- officio members to represent other groups or organizations from the community. C. Terms. The five members of the Planning Commission shall be appointed by the City Council, each to serve annually. All such appointments shall initiate and be established by Resolution of the City Council. The term of each member shall be for three years with initial terms being staggered by the City Council Resolution of appointment. Unless extended by special order of the City Council for a period of one year, no member shall serve more than two consecutive terms on the Planning Commission. - D. Absenteeism. If any voting member fails to attend three consecutive meetings or a total of four meetings during the calender year, the City Council shall be- notified with a recommendation by the Planning Commission. Planning Commissioners shall notify the Chairperson or City staff when an absence is anticipated. E. Removal. Any member of the Planning Commission may be removed at any time by a four - fifths (4/5) vote of the City Council with or without cause. F Compensation. Compensation of Planning Commission members as selected by the City Council shall serve without compensation except as otherwise established by Resolution of the City Council. G. Training. The Chairperson and the City Staff shall meet with each new Planning Commissioner to explain Planning Commission procedures. Within the first year of appointment, each new Planning Commissioner shall attend a Government Training Service, Planning Commission training session at City expense. H. Resignation. A member who wishes to resign shall submit a written resignation to the Chairperson, who shall in turn forward the same to the City Council. I. Vacancies. Vacancies occurring within the Planning Commission shall be filled for the balance of the appointment by the City Council. 2 • • '.4 J • ARTICLE 5 - MEETINGS • • ARTICLE 4 - OFFICERS, DUTIES AND ELECTION OF OFFICERS A. Officers. The officers of the Planning Commission shall be Chairperson and Vice - Chairperson. B. Duties of the Chairperson. The Chairperson shall preside at all meetings, appoint Planning Commission members to committees, appoint Planning Commission representatives, rule on procedural questions (subject to reversal by a two - thirds vote of those members in attendance), meet with all newly appointed members, exercise the same voting rights as other Planning Commissioners and carry out such other duties as are assigned by the Planning Commission or by the City Council. C. Duties of the Vice - Chairperson. The Vice - Chairperson shall act in the absence or inability to act of the Chairperson, and in such instances shall have the powers and functions of the Chairperson. D. Terms. The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice - chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting. • E. Vote. Candidates for office receiving a majority vote of the entire membership (three- fifths (3/5)), shall be declared duly elected. F Date of Office. Newly elected officers shall take office at the annual meeting in March. G. Vacancies. Vacancies occurring in the offices of the Planning Commission shall be filled immediately by the above election procedure. A. Annual Meeting. An annual organizational meeting shall be held the third Thursday in March of each year. Election of officers shall be conducted at that time. B. Regular Meetings. Regular meetings of the Planning Commission shall be held at 7:00 PM on the third Thursday of each month in the City Hall Council Chambers. The regular meeting date of the Planning Commission may be changed by resolution of the City Council. 3 ARTICLE 6 - PRE - MEETING PROCEDURES • • C. Special Meetings. Special meetings may be called at the discretion of the Chairperson, after consultation with City Staff. D. Notice of Meetings. Notice in writing of all regular and special Planning Commission meetings, setting forth the time, place and agenda of such meetings, shall be mailed by the City Staff to all Planning Commission members at least five days in advance of each meeting. E. Site Investigation. Prior to each meeting all Planning Commission members shall endeavor to visit any properties to be discussed at the meeting. F. Planning Commission Representative at City Council Meetings. Each Planning Commission member shall in turn represent the Planning Commission at regular City Council meetings. A. Agenda. The agenda for each meeting of the Planning Commission shall be developed in writing by the City Staff and shall be available at the City Hall prior to each meeting. B. Withdrawal. If a petitioner or applicant desires to withdraw a matter from an agenda, such request must be submitted to the City Staff in writing, and if any public notice has been given all persons appearing at the noticed hearing on said petition or application shall be entitled to be heard. ARTICLE 7 - PUBLIC HEARING PROCEDURE A. Time. The time of each Public Hearing shall be stated on the agenda, and no hearing may begin before this time. Each hearing shall begin as soon as possible after this time. B. Presentation. If a Public Hearing is required for a request by a petitioner, the petitioner or an appointed representative shall state the request, explain the proposal and answer questions of the Planning Commissioners. If no petitioner is involved, the Chairperson or the City Staff member shall explain the purpose of the hearing. The Chairperson may impose reasonable restraint upon the number of times one individual may speak. 4 • • l • • • • • C. Termination of Hearing. The Chairperson may close a Public Hearing after hearing those present who care to speak, or any member may move to continue the Public Hearing until a specified date. If a hearing on a petitioner's request is dosed, the Planning Commission shall make a recommendation to the City Council within 30 days following the close of the hearing. If a hearing is continued, mailed notices of the continuation may be requested by any voting member. ARTICLE 8 - MEETING PROCEDURES A. Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern the meeting procedure. B. Quorum. A majority of the voting membership (three- fifths (3/5)) shall constitute a quorum for meeting purposes. C. Conflict of Interest. Whenever a Planning Commission member shall have a direct or indirect personal or financial interest in an application or petition before the Planning Commission, that member shall declare such interest and excuse himself /herself from the discussion and vote. D. Agenda. The order of business at regular meetings generally shall be as follows: 1. Call to order 2. Roll call of members 3. Approval of the minutes of the previous meeting 4. Public hearings 5. Informational hearings 6. Old business 7. New business 8. Adjournment E. Appearance of Petitioner. No application or petition shall be given final approval unless the applicant or petitioner appears personally or by representative at the hearing called thereon, or unless he /she makes satisfactory explanation or presentation in lieu thereof. F Tabling. A tabling motion, if passed, has the effect of laying a matter over until the next regular meeting, unless otherwise specified. G. Reports. Any matter may be tabled for a technical report or study which the Planning Commission may make or request of the petitioner, the City Staff, the City Attorney, the City Engineer or other sources. Such report shall be presented to the City Staff for forwarding to the Planning Commission at least five days prior to the meeting at which said matter will be heard again. H. Non - Agenda Matters. No binding or final action may be taken on any matter not on the written agenda except by unanimous vote of the members in attendance or four - fifths (4/5) vote of the entire membership. ARTICLE 9 - COMMITTEES A. Planning Commission Committees. The Planning Commission may establish committees of its own membership for a specific purpose and duration. B. Ad Hoc Committees. The Planning Commission may request that the City Council appoint other members of the community to Ad Hoc Commission committees., which may be created by the Planning Commission for a specific purpose and duration. At least one voting member of the Planning Commission also shall be appointed to each such committee. ARTICLE 10 - RECORDS • • A. Minutes. The City shall supply a secretary at all regular and special meetings of the Planning Commission who shall be responsible for taking full and complete minutes and record all such meetings. The City Staff shall be responsible for keeping a record of all Planning Commission resolutions, transcriptions, minutes and findings. B. Open Meetings. All meetings shall be a matter of public record. 6 • • • • • • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA • ORDINANCE NO. 98- 401 -01 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE OAK PARK HEIGHTS ZONING ORDINANCE TO ADD PLANNING COMMISSION PROCEDURES AND RESPONSIBILITIES. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.03 (Administration - Amendments and Conditional Use Permits) is hereby amended to read as follows: 401.03. ADMINISTRATION - AMENDMENTS AND CONDITIONAL USE PERMITS 401.03.A. Procedure. 1. Pre - Application. Applicants requesting amendments or conditional use permits are required to contact the Zoning Administrator in order to set up a pre - application • meeting with the City Engineer, City Attorney, City Planner, and /or City Building Official to discuss the project in question. A staff meeting is strongly recommended for all types of proposals to answer questions on processing the application, payment of fees. explain ordinance requirements. identify the details of the request, review concept plans. provide advise, and potentially avoid any unnecessary plan modifications or site design related conflicts. 2. Application. Request for amendments or conditional use permits, as provided within this Ordinance, shall be filed with the City on an official application form at least twenty (20) days prior to the date set for a public hearing. Such application shall be accompanied by a fee as outlined in Section 401.08. Such application shall also be accompanied by five (5) large scale copies and one (1) reduced scale (8-1/2 x 11") copy of detailed written and graphic materials fully explaining the proposed change, development, or use, and a mailing list provided by the applicant from the records of the Washington County Assessors Office for all homes, businesses and property located within three hundred fifty (350) feet of the subject property. Where necessary, the City shall refer said application along with all related information, to other City staff or agencies for their report and recommendation to the City Council. The request shall be considered officially submitted and the application approval timeline commences when all the informational requirements are complied with. • • 3. Proof of Ownership or Authorization. The applicant shall supply proof of title of the property for which the amendment or conditional use is requested, consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the request. Prior to approving an application for an amendment or conditional use permit, the City shall receive from the applicant certification that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the amendment or conditional use permit application relates. 4. Public Hearing. The Planning Commission shall conduct the hearing and report its findings and recommendations to the City Council. Notice of such hearing shall be published in conformance with the State law and individual notices. If it is a zoning district change or conditional use permit request, notice shall be published in the official newspaper at least ten (10) days prior to hearing, and written notice of said hearing shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property, according to the Washington County assessment records, within three hundred fifty (350) feet of the parcel included in the request. The records of Washington County shall be deemed sufficient for determining the location and ownership of all such properties. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding. 5. Validity of Notice. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance. 6. Technical Report. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports, and provide general assistance in preparing a recommendation on the action to the City Council. 7 City Council and Planning Commission Considerations. The City Council and Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Their judgement shall be based upon, but not limited to, the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. 2 • • • • d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 8. Additional Information. The City Council, the Planning Commission, and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. Planning Commission Review. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use. The Planning Commission shall recommend approval or denial of the request. 10. City Council Review. The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission. Upon completion of the report and recommendation by the Planning Commission, the request shall be placed on the agenda of the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Council shall have the option to set and hold a public hearing if deemed necessary. If, upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific 3 1 • reasons for referral. This procedure shall be followed only one (1) time on a singular action. 11. Finding of Fact. The Planning Commission and City Council shall make a finding of fact and determine such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Ordinance. 12. Official Publication. An amendment shall not become effective until such time as the City Council approves a reading of an ordinance reflecting said amendment and after said ordinance is published in the official newspaper. 13. Recommendation - Amendment, Planning Commission. A recommendation for approval of a request for an amendment shall require passage by a four -fifths (4/5) vote of the Planning Commission. 14. Required Approval- Amendment, City Council. Approval of a request for an amendment shall require passage by a four -fifths (4/5) vote of the City Council. 15. Recommendation - Conditional Use Permit, Planning Commission. A recommendation for approval of a request for a conditional use permit shall require passage by a three -fifths (3/5) vote of the Planning Commission. 16. Required Approval - Conditional Use Permit, City Council. Approval of a request for conditional use permit shall require passage by a three -fifths (3/5) vote of the City Council. 17. Application Review Period. Pursuant to Minnesota Statutes 15.99, the City of Oak Park Heights automatically extends the required review time from sixty (60) days to one hundred twenty (120) days for all amendments or conditional use permit requests. Therefore, an application for an amendment or conditional use permit shall be approved within one hundred twenty (120) days from the date of its official and completed submission. Said time frame is necessary to provide adequate time for public hearing(s). If necessary, the processing of the application shall be extended beyond one hundred twenty (120) days if this limitation is waived by the applicant. 18. If a request for a conditional use permit receives approval of the City Council, the applicant shall record such with the Washington County Recorder within (30) days of the City Council approval date. The applicant, immediately upon recording such or as soon as is reasonably possible, shall furnish the City proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the City. 4 • • • • a. Site Development Plan: • • 19. Renewal. An approved conditional use permit shall be reviewed annually by the • City Council at the direction of the City Administrator to determine compliance with the conditions of the permit and Ordinance. The City shall notify the permit holder of the date of the annual review at least ten (10) days prior to the review hearing. 401.03.B. Amendments /Conditional Use Permit - Initiation. The City Council or Planning Commission may, upon their own motion initiate a request to amend the text or the district boundaries, and /or request for a conditional use permit of this Ordinance. Any person owning real estate within the City may initiate a request to amend the district boundaries or text and /or request for a conditional use permit for said real estate in conformance with the provisions of this Ordinance. 401.03.C. Conditional Use Permit. - 1. Purpose. The purpose of a conditional use permit is to provide the City of Oak Park Heights with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or on • any adjoining roads, and all other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. 2. Reconsideration. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission and City Council for at least six (6) months from the date of its denial. 3. Information Requirement. The information required for all conditional use permit applications generally consists of the following items, and shall be submitted when requested by the City: 1) Location of all buildings on lots including both existing and proposed structures. 5 • • 2) Location of all adjacent buildings located within three hundred fifty (350) feet of the exterior boundaries of the property in question. 3) Location and number of existing and proposed parking spaces. 4) Vehicular circulation. 5) Architectural elevations (type and materials used in all external surfaces). 6) Location and type of all proposed lighting. 7) Curb cuts, driveways, number of parking spaces. 8) Site plan details such as trash receptacles, etc. b. Dimension Plan: 1) Lot dimensions and area. 2) Dimensions of proposed and existing structures. 3) "Typical" floor plan and "typical" room plan. 4) Setbacks of all buildings located on property in question. 5) Proposed setbacks. 6) Sanitary sewer and water plans with estimated use per day. c. Grading Plan: 1) Existing contours. 2) Proposed grading elevations. 3) Drainage configuration. 4) Storm sewer catch basins and invert elevations. 5) Spot elevations. 6) Proposed road profile. 6 • • • d. Landscape Plan: • • • • 7) Erosion control measures 1) Location of all existing trees, type, diameter, and which trees will be removed. 2) Location, type and diameter of all proposed plantings. 3) Location and material used for all screening devices. 4. Lapse of Approval. a. Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. b. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the permit, and it shall state the additional time being requested to begin the proposed construction. The application shall be heard and decided by the City Council prior to the lapse of approval of the original request. c. In making its determination on whether an applicant has made a good faith attempt to utilize the conditional use permit, the City Council shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and /or unique circumstances beyond the control of the applicant which have caused the delay. 5. Amended Conditional Use Permit. An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include re- applications for permits that have been denied. requests for substantial changes in conditions or expansions of use, and as otherwise described in this Ordinance. 7 6. Performance Bond. a. Except in the case of non - income producing residential property (excluding relocated structures), upon approval of a conditional use permit the City shall be provided, when deemed necessary by the City Council, with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall be non - cancelable and shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the City. b. The security shall be in the amount equal to one and one -half (1 -1/2) times the City Engineer's or City Building Official's estimated costs of labor and materials for the proposed improvements. Said project can be handled in stages upon the discretion of the City Engineer and Building Official. c. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the City has been issued by the City Building Official. d. Failure to comply with the conditions of the conditional use permit or the ordinances of the City shall result in forfeiture of the security. e. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney. SECTION 2. Section 401.04 (Administration - Variances and Appeals) is hereby amended to read as follows: 401.04. ADMINISTRATION- VARIANCES AND APPEALS 401.04.A. General Provisions and Standards. • • 1. Purpose. The purpose of this Section is to provide for deviations from the literal provisions of this Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property 8 • • • • • under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Ordinance. • - Board of Zoning Adjustment. The City Council shall serve as the Board of Adjustment and Appeals. • 3. Record. All written reports and recommendations to the Board of Adjustment and Appeals from the City staff shall be entered in and made part of the permanent written record of the Board's meeting. 4. Review Criteria. In considering all requests for a variance and in taking subsequent action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. • d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. 5. Conditions. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 9 • 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. 6. Justification. Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure or building. 7 Approval. Should the Council find that the conditions outlined heretofore apply to the proposed lot or parcel, the Council may grant a variance from the strict application of this Ordinance so as to relieve such difficulties or hardships to the degree considered reasonable, provided such relief may be granted without impairing the intent of this Ordinance. The Planning Commission and City Council, 10 • • • in the case of major variance, based upon a report and recommendation by the City staff, shall have the power to advise and recommend such conditions related to the • variance regarding the location, structure, or use as it may deem advisable in the interest of the intent and purpose of this Ordinance. • • 401.04.B. Procedures. Pursuant to Minnesota Statutes 15.99, the City of Oak Park Heights automatically extends the required review time from sixty (60) days to one hundred twenty (120) days for all variance requests. Therefore, an application for a variance shall be approved within one hundred twenty (120) days from the date of its official and completed submission. Said time frame is necessary to provide adequate time for public hearing(s). If necessary, the processing of the application shall be extended beyond one hundred twenty (120) days if this limitation is waived by the applicant. Additional City requirements are as follows: 1. Variances. a. Processing. • • 1) Applicants requesting a variance, as provided within this Ordinance, are required to contact the Zoning Administrator in order to set up pre - application meetings with the City Attorney, City Planner, and /or City Building Official to discuss the variance in question. A staff meeting is strongly recommended for all types of proposals to answer questions on processing the application, payment of fees, explain ordinance requirements, identify the details of the request, review concept plans. provide advise. and potentially avoid any unnecessary plan modifications or site design related conflicts. 2) Request for variances, as provided within this Ordinance, shall be filed with the City on an official application form at least twenty (20) days prior to the date set for a public hearing. Such application shall be accompanied by a fee as outlined in Section 401.08. Such application shall also be accompanied by five (5) copies of large scale copies and one (1) reduced (8 -1/2" x 11 ") copy of detailed written and graphic materials fully explaining the proposed change, development, or use and a mailing list provided by the applicant from the records of the Washington County Assessors Office for all homes, businesses and property located within three hundred fifty (350) feet of the subject property. Prior to approving an application for a variance, the City shall receive from the applicant certification that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the variance 11 • application relates. The request shall be considered as being officially submitted and the application timeline commences when all the information requirements are complied with. 3) Upon receipt of a completed application, the Zoning Administrator shall set a public hearing following property hearing notification as applicable. The Planning Commission shall conduct the hearing and report its findings and make recommendation to the City Council. Notice of said hearing shall consist of a legal property description of request. and be published in the official newspaper at least ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of and within three hundred fifty (350) feet of the boundary of the property in question (public right -of -way shall not be included in the three hundred fifty (350) foot measurement). The records of Washington County shall be deemed sufficient for determining the location and ownership of said property. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding. 3) For properties within the Shoreland. Floodway or Flood Fringe Overlay District or River Impact District, the City shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10) day's notice of the hearing. 4) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance provided a bona fide attempt has been made to comply with the notice requirements of this Section. 5) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Council. 6) The City Council, Planning Commission, and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish 12 • • • • • performance conditions in relation to all pertinent sections of this Ordinance. Failure of an applicant to supply all necessary supportive information may be grounds for denial of the request. 7) The applicant or representative thereof shall appear before the Planning Commission to answer questions concerning the proposed variance. 8) The Planning Commission shall make findings of fact and recommend approval or denial of the request by at least a three -fifths (3/5) vote of the Planning Commission. The Planning Commission's recommendation and City staffs report shall be presented to the City Council. 9) The City Council shall not consider or act upon a variance request until they have received a report and recommendation from the Planning Commission. 10) Upon completion of the report and recommendation of the Planning Commission, the request shall be placed on the agenda of the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. 11) The City Council shall review the application and may at its option conduct a public hearing on the request. 12) If, upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one (1) time on a singular request. 13) The City Council shall make a finding of fact and approve or deny a request for variance after receipt of the Planning Commission's recommendation. 14) A variance of this Ordinance shall be by four -fifths (4/5) vote of the entire City Council. 13 • 15) All decisions by the City Council involving a variance request shall be final except that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Washington County District Court. 16) A copy of all decisions granting variances for properties in the Shoreland, Floodway, Flood Fringe or River Impact District, shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. 17) Whenever a variance has been considered and denied by the City Council, a similar application and proposal for the variance affecting the same property shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of its denial, except as follows: a) If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous variance application have changed significantly. b) If the City Council decides to reconsider such matter by a vote of not less than three -fifths (3/5). 18) If a request for a variance receives approval of the City Council, the applicant shall record such with the County Recorder within thirty (30) days of the City Council approval date. The applicant, immediately upon recording such, or as soon as is reasonably possible, shall furnish the City proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the City. 401.04.C. Lapse of Variance. 1. Timeline. Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the variance. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. 14 • • • 2. Application. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of • said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the permit, and it shall state the additional time being requested to begin the proposed construction. The application shall be heard and decided by the City Council prior to the lapse of approval of the original request. • 401.04.D. Performance Bond. • • 3. Determination. In making its determination on whether an applicant has made a good faith attempt to utilize the variance, the City Council shall consider such factors as the type, design and size of the proposed construction, any applicable restrictions on financing, or special and /or unique circumstances beyond the control of the applicant which have caused the delay. 1. Bond. Except in the case of non - income producing residential property (excluding relocated structures), upon approval of a variance the City shall be provided, when deemed necessary by the City Council, with a surety bond, cash escrow. certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall be non - cancelable and shall guarantee conformance and compliance with the conditions of the variance and the ordinances of the City. Amount. The security shall be in the amount equal to one and one -half (1 -1/2) times the City Engineer's or City Building Official's estimated costs of labor and materials for the proposed improvements. Said project can be handled in stages upon the discretion of the City Engineer and Building Official. 3. Term. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance and ordinances of the City has been issued by the City Building Official. 4. Forfeiture. Failure to comply with the conditions of the variance or the ordinances of the City shall result in forfeiture of the security. 5. Performance Guarantee. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work, should the applicant fail to meet the terms and conditions of the variance. Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney. • 15 401.04.E. Appeals. 1 • 1. Board Designation. The City Council shall serve as the Board of Adjustments and Appeals. 2. Applicability. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Ordinance. Opinions and evaluations as it pertains to the impact or result of a request are not subject to the appeal procedure. 3. Filing. An appeal from the ruling of an administrative officer of the City shall be made by the property owner or their agent within thirty (30) days after the making of the order appealed from. 4. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, on notice to the City. 5. Procedure. The procedure for making such an appeal shall be as follows: a. The property owner or their agent shall file with the City a notice of appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by City Council resolution. b. The Board of Adjustment and Appeals shall make its decision by resolution within sixty (60) days. 6. Appeals from the Board of Adjustment and Appeals. Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Board of Adjustment and Appeals, shall have the right to seek review within thirty (30) days of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462 as such statute may be from time to time amended, supplemented or replaced. SECTION 3. Section 401.06.C.2.b (General Concept Stage, Planned Unit Development) of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 16 • • • • • • b. Schedule. • • 1) Developer files application for a conditional use permit and rezoning (where applicable) concurrently with the submission of the General Concept Plan (at least twenty (20) days prior to the Planning Commission meeting). 2) Developer meets with the City staff to discuss the proposed development. The Zoning Administrator formally acknowledges filing and receipt of a complete application and sets a public hearing. 4) The Planning Commission holds a public hearing. 5) The petitioner and /or their representative shall appear before the Planning Commission at the hearing to answer questions regarding the proposed project. 6) The Planning Commission makes a recommendation to the City Council on the General Concept Plan. 7) The City Council reviews all recommendations and approves /denies the application(s). The affirmative vote of four -fifths (4/5) of the City Council shall be required for approval of a Concept Plan. 8) Pursuant to Minnesota Statutes 15.99, the City of Oak Park Heights automatically extends the required review time from sixty (60) days to one hundred twenty (120) days for a Concept Plan request. Therefore, an application for a Concept Plan shall be approved within one hundred twenty (120) days from the date of its official and completed submission. Said time frame is necessary to provide adequate time for public hearing(s). If necessary, the processing of the application shall be extended beyond one hundred twenty (120) days if this limitation is waived by the applicant. SECTION 4. Section 401.06.C.2.c of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: c. Optional Submission of General Plan of Development Stage. In cases of single stage PUDs or where applicant wishes to begin the first stage of a multiple stage PUD immediately, the General Plan of Development may be 17 • • submitted for the proposed PUD simultaneously with the submission of the General Concept Plan. In such case, the applicant shall comply with all the provisions of the Ordinance applicable to submission of the General Plan of Development Stage. The Planning Commission and City Council shall consider such plans simultaneously and shall grant or deny the General Plan of Development approval in accordance with the provisions of this Section. SECTION 5. Section 401.06.C.3.k of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: k. Submission Requirements. The Planning Commission and City Council may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds to be unnecessary to the consideration of the specific proposal for PUD approval. The Planning Commission and City Council may also require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect or stage thereof. SECTION 6. Section 401.06.D.1 of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 1. Purpose. The purpose of the General Plan of Development is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the Final Plan. SECTION 7. Section 401.06.C.D.2.a of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: a. Upon approval of the General Concept Plan, and within the time frame established by this Section, the applicant shall file with the Zoning Administrator, a General Plan of Development consisting of information and submissions required by this Section of the City Code for the entire PUD or for one or more stages thereof in accordance with a Staging Plan approved as part of the General Concept Plan. SECTION 8. Section 401.06.D.4 of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 18 • • • • • 4. Schedule. • • a. If a request for concept approval of a PUD project has been approved by the City Council, as the next step in the application procedure, an applicant shall submit to the City an application form for General Plan of Development approval for the proposed project as required herein, together with a fee as outlined in Section 401.08. The applicant shall submit with an application such information as is required by the City, such other information as deemed necessary to explain the general intent of the application, and a mailing list for all homes, businesses and property if different from that list created for the General Concept Plan. The application shall be considered officially submitted and the application approval time line commences when all the information requirements are complied with. b. Developer meets with the City staff to discuss specific development plans. c. Immediately upon receipt of the Completed General Plan of Development, the Zoning Administrator shall refer such plan to the following City staff and /or official bodies for the indicated action: 1) The City Attorney for legal review of all documents. 2) The City Engineer for review of all engineering data for compliance • with the requirements of this Ordinance and review of the City /Developer agreement. 3) The City Building Official for review of all plans for compliance with the requirements of this Ordinance, the State of Minnesota Uniform Building Code and any other applicable Federal, State, or local codes. 4) The City Planner for review of all plans for compliance with the intent, purpose and requirements of this Ordinance and conformity with the General Concept Plan and Comprehensive Plan. 5) The Planning Commission for review and recommendation to the City Council. 6) When appropriate, as determined by the City Administrator, to the Park Commission for review and recommendations. 7) When appropriate, as determined by the City Administrator, to other special review agencies such as the Watershed Districts, Soil 19 g. • Conservation Service, Highway Departments, or other affected agencies. All staff designated in paragraphs one (1) through four (4) hereof shall submit their reports in writing to the Planning Commission and applicant. d. The Zoning Administrator formally acknowledges filing and receipt of a complete application and sets a public hearing. e. The same notification procedure for this hearing shall be followed as was followed with respect to the applicant's Concept Plan, outlined in Section 401.06.C. f The Planning Commission holds a public hearing. The petitioner and /or their representative shall appear before the Planning Commission at the hearing to answer questions regarding the proposed project. h. The Planning Commission makes a recommendation to the City Council on the General Plan of Development. The City Council reviews all recommendations and approves /denies the application(s). The affirmative vote of four -fifths (4/5) of the City Council shall be required for approval of a Concept Plan of Development. The approval of a General Plan of Development shall constitute the approval of a planned unit development permit. Pursuant to Minnesota Statutes 15.99, the City of Oak Park Heights automatically extends the required review time from sixty (60) days to one hundred twenty (120) days for all General Plan of Development requests. Therefore, an application for a General Plan of Development shall be approved within one hundred twenty (120) days from the date of its official and completed submission. Said time frame is necessary to provide adequate time for public hearing(s). If necessary, the processing of the application shall be extended beyond one hundred twenty (120) days if this limitation is waived by the applicant. k. The Zoning Administrator shall instruct the City Attorney to draw up a PUD Agreement which stipulates the specific terms and conditions approved by the City Council and accepted by the applicant. This Agreement shall be signed by the Mayor of the City of Oak Park Heights, City Administrator and the applicant within thirty (30) days of Council approval of the General Plan 20 • • • • • • of Development Stage. Where the General Plan of Development is to be resubmitted or denied approval, Council action shall be by written report setting forth the reasons for its action. In all cases, a certified copy of the document evidencing Council action shall be promptly delivered to the applicant by the Zoning Administrator. At any time following the approval of a General Plan of Development by the City Council, the applicant may, pursuant to the applicable ordinances of the City apply for, and the Zoning Administrator may issue, grading permits for the area within the PUD for which General Plan of Development approval has been given. SECTION 9. Section 401.06.D.5.b.12 of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: - 12) Any other information that may have been required by the City staff, Planning Commission, or City Council in conjunction with the approval of the General Concept Plan. SECTION 10. Section 401.06.D.5.n of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: • n) Such other and further information as the City staff, Planning Commission, or Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof. SECTION 11. Section 401.06.D.5.o of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: o) The Planning Commission and City Council may excuse an applicant from submitting any specific item of information or document required in this Section which it finds to be unnecessary to the consideration of the specific proposal for PUD approval. SECTION 12. Section 401.06.G.2 of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 2. Action by the Planning Commission and City Council. The same review procedure by the Planning Commission and City Council shall be followed for an amendment of a PUD permit as was followed with respect to the applicant's 21 Concept Plan, outlined in Section 401.06.C. The affirmative vote of four -fifths (4/5) of the Planning Commission and City Council shall be required for approval of an amendment of a PUD permit. SECTION 13. Section 401.15.M.2.a (Home Occupations) of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and /or any accessory structures). The permitted home occupation shall require a "permitted home occupation permit ". Such permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the "permitted home occupation permit" shall be accompanied by a fee as adopted by the City Council. If the Zoning Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the City Council, will be charged to the applicant. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission, following the procedural provisions of a conditional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. SECTION 14. Section 401.15.M.2.f (Home Occupations) of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: f. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matters is made by not less than four -fifths (4/5) vote of the City Council. 22 • • • • SECTION 15. This ordinance shall be in full force and effect upon its passage end publication. • • ATTEST: By: PASSED this 28th day of April, Tom Melena, City Administrator CITY OF OAK PARK HEIGHTS 23 David Schaaf, Mayor 1998.