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6.1.
Special Planning Commission
Meeting Date:
06/02/2011
By:
Tim Gladhill, Community Development

Title:

Discuss Development Review Process, Regulations, Standards, and Development Fees

Background:

A 2011 Council Strategic Goal is to review current process, regulations, standards, and development fees.  This discussion with the Planning Commission is focused on processes and development fees.  A copy of the Planning Commission Meeting Schedule and 2011 Development Fee Schedule are attached for review.

Notification:

None required.

Observations:

Process

Minnesota Statute Section 15.99 provides that a municipality must approve or deny a written request related to zoning within 60 days or it is deemed approved.  To work within that time frame, City Code states that all applications must be received no later than 30 days prior to the next available Planning Commission Meeting.  This allows the City 15 days to determine if an application is complete for review (State Statute requirement) as well as complete a report for the Planning Commission and schedule appropriate hearings.  For land use applications requiring a Public Hearing, the Public Hearing must be published at least ten (10) days prior to the Public Hearing.  In order to meet publication deadlines, the Public Hearing must be posted at least fourteen (14) days prior to the hearing.  Furthermore, City Code states that there shall be at least 10 days between the Planning Commission review and City Council review.  The City has the ability for one (1) administrative extension of 60 days.  A League of Minnesota Cities Memo is attached for your review.

The review time frame and requirements are slightly different for subdivision requests.  For subdivisions of four (4) or more lots, a preliminary plat with Public Hearing are required by Minnesota Statute Section 462.358.  This essentially creates a two-step review process (Preliminary Plat and Final Plat).  Each step is a separate application, and thus each application technically carries its own 60-day review time frame.  In addition, many cities require Sketch Plan Review, a more informal review of the concept of the subdivision by the Planning Commission.

Development Fees

Staff is in the process of conducting a Development Fee Study with adjacent communities.  Results should be tabulated within the next several weeks.

Development Fees are adopted by ordinance on an annual basis based on the current construction index.  Standard development fees include Sanitary Sewer and Water Trunk, Sanitary Sewer and Water Lateral (if already constructed), Stormwater Management, Park Dedication, and Trail Development Fees.  Sewer Accessibility Charge (SAC) and Water Accessibility Charge (WAC) are collected with the Building Permit.  The SAC Fee is determined by the Metropolitan Council.  The WAC Fee is a City charged, with the number of units based on the SAC Unit Determination by the Metropolitan Council.

Development Fees are collected as a means to capture the impacts on the City's various utility systems as a result of development.  State Statute states that there must be a nexus between the fee and the actual impacts of development. A League of Minnesota Cities Memo is attached for your review (Development Fees).

As part of the Comprehensive Planning process, the City completed three studies that assisted in setting various development fees:
  • Comprehensive Sewer Plan
  • Comprehensive Water Plan
  • Surface Water Management Plan
In addition, the City has adopted a Master Park and Trail Plan that assists in setting Park Dedication and Trail Development Fees. 

Funding Source:

Handled as part of regular staff duties.

Staff Recommendation:

Based on discussion.

Committee Action:

Based on discussion.

Attachments

Form Review

Inbox Reviewed By Date
Kurt Ulrich Kurt Ulrich 05/26/2011 01:35 PM
Brian Hagen Tim Gladhill 05/26/2011 01:39 PM
Form Started By:
Tim Gladhill
Started On:
05/09/2011 10:12 AM
Final Approval Date:
05/26/2011