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Home My WebLink About8D - Res. 95-70 / Zoning Code AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: ISSUES: STAFF AGENDA REPORT 8D Donald Rye, Planning Director Consider Approval of Resolution 95-70 Relative to Zoning Ordinance Changes to Require City Action Within 60 days of Application August 7,1995 On July 1, 1995, the attached Article 18 of Chapter 248, Session Laws of 1995 entitled Deadline for Agency Action became law. The act establishes a 60 day time limit for "agencies", including cities, to approve or deny any "written request relating to zoning, septic systems or expansion of the metropolitan urban service area." If a city does not deny a request within 60 days (or obtain an extension), the request is automatically approved. The 60 day time limit begins with the City's receipt of "a written request containing all information required law or by a previously adopted rule, ordinance or policy of the agency." The purpose of this report is to inform the Council of this new requirement and to suggest adoption of a resolution which will address this issue while staff develops recommended changes to the ordinance as necessary to satisfy the intent of the law. What types of applications are covered? The law applies to requests relating to zoning, septic systems and MUSA expansions. Given Prior Lakes position at the edge of the developing metro area, it is likely that the City may have to deal with all three types of requests. The law does not define what "relating to zoning" means . In the interim, staff is recommending that the City give a broad interpretation to the term and construe it to include zoning ordinance text and map amendments, variances, conditional use permits and planned unit developments. It has been suggested that the City might also want to include Comprehensive Plan amendments and 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER subdivisions in this interpretation. Staff does not necessarily believe that plan amendments and plats were intended to be included in this regulation but it may be prudent to do so until the issue is more clearly resolved. The concern here is that an undesirable project may be allowed to . proceed if the law is not followed. Staff is aware of at least one city which intends to seek an Attorney General's opinion on the matter. When does the 60 day time period begin? The 60 day time period begins upon the City's " receipt of a written request containing all information required by law or by a previously adopted rule, ordinance or policy of the agency." This means that, once an application is received, the City may not enact new submission requirements and apply them retroactively to applications which have already been received. The purpose of the attached resolution is to establish guidelines for the acceptance of applications until proper ordinance amendments have been made. At a minimum, written requests will not be accepted unless the applicant has had a pre-application meeting with staff, completed the appropriate City application form, submitted all supporting documentation that is outlined in the application procedures or ordinance requirements and included all necessary fees. If a written request is received which fails to contain all required information, the City has 10 business days from receipt of the request to inform the applicant what additional information is required. If the City fails to respond to the applicant within the 10 day period, the time period will commence on the original date of receipt. Why is the proposed resolution necessary? Because some applications will be difficult to process within the 60 day time period, it is essential that the time clock not begin running until the City is assured that all necessary information has been received. According to the law, application requirements must be outlined in a previously adopted ordinance or policy in order to find an application incomplete. While most applications have a clear indication of required information, they need to be reviewed to determine if further information is needed. The attached resolution is intended to formally adopt those application procedures which are not specified by ordinance The pre-application meeting is important as it allows an informal review of a proposed request before it gets too far into the process. Particularly with variances, it allows staff to work with the applicant to see if better alternatives are available. Can the 60 day time limit be extended? Yes. The law provides that the City may extend the timeline before the 60 day review period is over by providing the applicant with written notice of the extension as well as the reason for the extension. This extension may not exceed 60 days unless agreed to by the applicant. The law also provides for time extensions when other agency approvals are required by law. Such cases might include Comprehensive Plan amendments preceding a zoning change, Metro Council review of MUSA extensions or Watershed District review. ALTERNATIVES: 1.00 nothing. This has the disadvantage of exposing the City to the possibility of an automatic approval of an undesirable project. 2.Adopt the attached resolution. This will cover the City until the appropriate ordinance amendments can be developed and adopted. RECOMMENDATION: Staff recommends alternative 2. ACTION REQUIRED: Motion to Adopt Resolution 95-70 Authorizing the Zoning Ordinance Changes to Require City Action With 60 Days of Application. 11 Reviewed By: F RESOLUTION NO. 95-70 A RESOLUTION ESTABLISHING MINIMUM REQUIREMENTS FOR ACCEPTING WRITTEN REQUESTS RELATING TO ZONING MOTION BY: SECONDED BY: WHEREAS, the Minnesota State Legislature passed Chapter 248 of the 1995 Session Laws (S.F. 1246) and the bill was signed into law on June 1, 1995, and WHEREAS, Article 18 of Chapter 248 became effective on July 1, 1995, and WHEREAS, Article 18 of Chapter 248 establishes certain deadlines for agency actions relating to zoning, septic systems or expansion of the metropolitan urban service area, and WHEREAS, Article 18 of Chapter 248 defines "agency" to include statutory cities and the deadlines therefore apply to certain actions by the City of Prior Lake, and ".. WHEREAS, "actions relating to zoning" are not defined by the law, and WHEREAS; the established time limits begin upon the City's receipt of a written request containing all information required by law or by a previously adopted rule, ordinance or policy of the agency; NOW THEREFORE BE IT RESOLVED by the City Council of Prior Lake, Minnesota that written requests relating to zoning shall not be accepted as containing all required infonnation until all of the following have been completed: APPTIME.DOC 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1. A pre-application meeting with City staff during which the appropriate application procedure( s), requirements and applicable ordinance provisions are reviewed and explained; 2. Submittal of all applicable, completed City application forms relating to the request. City receipt of the application shall consist of the complete application being received and date-stamped in the Planning Department office in the Prior Lake city hall. 3. Submittal of all supporting information required by City ordinance and/or outlined in the application procedure documents that are included with the City application forms. These documents are available at City Hall and may be periodically updated. 4. Submittal of all required fees with the appropriate application form. Required fees shall be those shown on the City fee schedule as may be modified from time to time. PASSED AND ADOPTED THIS DAY OF , 1995 YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Frank Boyles City Manager City of Prior Lake APPTIME.OOC