HomeMy WebLinkAboutCity Council Resolution 1997-3450
CITY OF PLYMOUTH
RESOLUTION NO. 97-345
RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR
CONSIDERING AMENDMENTS TO THE COMPREHENSIVE PLAN
WHEREAS, the City Council has determined that it is necessary and desirable to
establish policies and procedures for consideration of amendments to its Comprehensive
Plan; and
WHEREAS, the Planning Commission reviewed the draft policy at their meeting of May
27,1997, and recommended approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it shall and hereby does establish the following
policies and procedures for consideration of amendments to the Comprehensive Plan:
A. Amendments Initiated by Applicants other than the City of Plymouth.
1. Request for an amendment to any portion of the Comprehensive Plan (text
or maps.) shall be filed with the Community Development Director on an official
application form. Such application shall be accompanied by a fee as set forth in the City
Code. Such application shall also be accompanied by detailed written and graphic
materials, the number and size as prescribed by the Community Development Director,
fully explaining the proposed change to the plan. along with a list of property owners
located within seven hundred and fifty (750) feet of any subject property in a format
prescribed by the City. The application shall be considered as being officially submitted
and complete when the applicant has complied with all the specified information
requirements.
2. Within 10 days of receipt of a complete application for a change to the
Land Use Guide Plan Map of the Comprehensive Plan, the Community Development
Director shall cause a notice to be mailed to all owners of land within seven hundred and
fifty (750) feet of the boundary of the property in question, informing them of the receipt
of the application and the anticipated schedule for consideration of the amendment. A
public notice sign, as provide by Section 21022 of the City Code, shall be placed on the
property
3. Upon receipt of a complete application for any type of amendment and
following staff analysis of the application and request, the Community Development
Director shall set a public hearing following proper hearing notification. The Planning
Commission shall conduct the hearing, and report its findings and make
recommendations to the City Council. Notice of said hearing be published in the official
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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 land within seven
hundred and fifty (750) feet of the boundary of the property in question. Failure of a
property owner .o receive said notice shall not invalidate any such proceedings as set
forth within this policy.
4. The Planning Commission shall review the impact of the proposed
amendment. Its judgment shall be based upon (but not limited to) the following factors:
a) The extent to which the locational criteria of applicable existing or
proposed land use guide plan classifications are satisfied.
b) Evidence submitted by the applicant demonstrating the mason(s) that the
plan should be changed, including but not limited to whether new
information has become available since the Comprehensive Plan was
adopted that supports m -examination of the plan, or that txisting or
proposed development offer new opportunities or constraints that were not
previously considered by the Plan.
c) If the amendment affects a particular site, whether or not the change is
netded to allow reasonable development of the site.
d) The relationship of the proposed amendment to the supply and demand for
particular land uses within the city and the immediate vicinity of the site.
e) A demonstration by the applicant that the proposed dm:ndment has merit
beyond the interests of the proponent.
f) The possible impacts of the amendment on all specific elements of the
Comprehensive Plan as may be applicable, including but not limited to:
• Transportation, as demonstrated by a ttafitc study to be conducted by
the City at the expense of the applicant;
• Sanitary sewer, including existing and proposed sanitarl -:Wer flows
as compared to the adopted plan;
• Housing, including the extent to which the proposal contributes to the
City's adopted housing goals;
• Surface water, including compliance with the City's goals for water
quality as well as water quantity management;
• Water supply;
• Parks and open space; and
• Capital Improvement Program (CIP).
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a) Consideration of the impact of the proposed amendment upon current and
future special amssments and utility area charges, future property tax
assessments or other fiscal impacts upon the City of Plymouth.
S. The City may request additional information from the applicant
concerning the requested amendment, or to retain expert testimony with the consent and
at the expense of the applicant, said information to be declared necessary to establish the
possible effects or benefits of the proposed Comprehensive Plan Amendment.
6. The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions concerning the
proposed request.
7. The Planning Commission shall make a recommendation on the request.
Such recommendations shall be accompanied by the report and recommendation of the
City staff.
g. The City Council shall not act upon an amendment until they have
received a report and recommendation from the Planning Commission and the City staff
or until sixty (60) days after the first regular Planning Commission meeting at which the
request was considered.
9. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Manager shall schedule the application fnr
consideration by the City Council. Such reports and recommendati ►ns shall be entered to
and made part of the permanent written record of the City Council r teeting.
10. Approval of a proposed amendment shall require passage by a two-thirds
(213) vote of the entire City Council.
Il. The City Council may approve an amendment conditionally upon
completion of any review by the Metropolitan Council pursuant to the Metropolitan Land
Use Planning Act. Or, the City Council may direct staff to submit the amendment
recommended by the Planning Commission to the Metropolitan Council for review prior
to City Council consideration of the amendment, and consider final passage of the
amendment only after completion of the Metropolitan Council's review.
12. Whenever an application for an amendment has been considered and
denied by the City Cauncil, a similar application for an amendment affecting
substantially the same property shall not be considered again by the Planning
Commission or City Council for at least six (6) months atom the date of its denial; and a
subsequent application at,ecting substantially the same property shall likewise not be
considered again by the Planning Commission or City Council for an additional six (6)
months from the date of the second denial unless a decision to reconsider such matter is
made by a majority of the Nil City Council.
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13. Pursuant to Minnesota Statutes 15.99, an application for an amendment
that includes a proposed expansion of the Metropolitan Urban Service Area shall be
approved or denied within sixty (60) days from the date of its official and complete
submission unless extended pursuant to Statute or a time waiver is granted by the
applicant. If applicable, processing of the application through required state or federal
agencies shall extend the review and decision-making period an additional sixty (60) days
unless this limitation is waived by the applicant.
14. For applications for an amendment other than those including a proposed
expansion of the Metropolitan Urban Service Area, it is the policy and intent of the City
of Plymouth that such applications shall be approved or denied within one hundred and
twenty (120) days from the date of its official and complete submission unless extended
by a mutual agreement between the appiicant and the City Council.
IL Amendments Initiated by the City Council or Planning Commission. The
City Council or Planning Commission may initiate amendments to the text or maps of the
Comprehensive Plan. The procedural requirements of Section A., above, shall apply to
such proposed amendments to the extent required by State Statute and as follows:
1. Land Use Guide Plan Amendments Affecting Forty (40) Acres or Less.
a) Upon initiation of an amendment to the Land Use Guide Plan Map of the
Comprehensive Plan that may affect a particular land area of forty (40)
acres or less, the Community Development Director shall cause a notice to
be mailed to all owners of land within seven hundred and fifty (750) feet
of the boundary of the property in question, informing them of the
initiation of the amendment and the anticipated schedule for consideration
of the amendment. A public notice sign, as provided by Section 21022 of
the City Code, shall be placed on the property.
b) Following staff analysis of the application and request, the Community
Development Director shall set a public hearin6 following proper hearing
n.)tifrcation. The Planning Commission shall conduct the public hearing.
Notice of said hearing shall 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 land within
seven hundred and fifty (750) feet of the boundary of the property in
question. Failure of a property owner to receive said notice shall not
invalidate any such proceedings as set forth within this policy. Following
the hearing the Planning Commission shall report its findings and make
recommendations to the City Council. Such recommendations shall be
accompanied by the report and recommendation of the Pity staff.
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c) It is the policy and intent of the City of Plymouth that a proposed
amendment to the Comprehensive Plan that effects a particular land area
of forty (40) acres or less, shall be approved or denied within ate hundred
twenty (120) days from the date of its initiation unless this review period
is extended by the Planning Commission or City Council, depending upon
which body initiated the amendment
2. All Other Comprehensive Plan Amendments
a) The Planning Commission or City Council, upon initiating the
amendment, shall specify the notification pn=dure to be followed to
ensure that all affected citizens and landowners will have adequate notice
of the initiation and consideration of said amendment
b) The Planning Commission or City Council, upon initiating the
amendment, shall specify the anticipated schedule for consideration of the
amendment
Adopted by the City Council on June 4, 1997
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