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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 I C; 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). 2 F 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. 3 • 0 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. 2 • 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 cdlplwWzfl epk=%9'he,�m Iwdw 5