SLUC August 31, 2016 Presentation Responses

Transcription

1 SLUC August 31, 2016 Presentation Current run (last updated Sep 2, :05am) % Polls Participants Average responses Average engagement What legal topic do you want today's interactive programs to include? Sign regulation 60-day rule Development Agreements Findings of fact What do you do if you don't like the answer? Open Meeting Law 8% 9 easements Variances Exactions 1/14

2 Q1 - What land use word or concept below makes your blood pressure increase the most? A. Planned Unit Development (PUD) 16 30% B. Variance 15 28% C. Exactions 6 11% D. Land Use Attorney 9 17% E. Applicant 8 15% 50% /14

3 Q2 - What is the first word that comes to mind when you think of Land Use Laws? Restrictions Detailed Cumbersome Inconsistent Confusing. Inconsistent 32% 39 Complex Mike has four Nimby Order Frustrating Conflicting NIMBY Equity Nimbly Zoning regulations Gray! Difficult Research Attorney Subjective Unbalanced SLUC PollEv.com/sluc reactionary Ordinances 3/14

4 Confusing Confusing A Courta Bruce Malkerson NIMBY Complicated Networking Reasonableness Lawsuit Mike has gout Painful Old Q3 - Is a PUD approved by using a CUP or rezoning (or overlay rezoning)? A. Use of CUP only 5 10% B. Use of rezoning only 21 41% C. Either by CUP or rezoning 25 49% 47% /14

5 Q4 - If you adopt a moratorium for 1 year and it expires before you adopt new zoning regulations, can you extend it? A. Yes 16 31% B. No 8 15% C. No...well in most cases 28 54% 48% 52 Q5 - May the City legally impose dedication of land for a freeway ramp? A. YES, under MS , the City has police power authority to compel a dedication % 62% B. NO, regardless of the City s police power and while there may be nexus between the project and the dedication, fulfilling this regional obligation is not reasonable or proportionate. C. NEITHER, the courts required the developer to provide a portion of the land and the City to pay for a portion of the acquisition % 24% /14

6 Q6 - Can the City add these conditions to a Site Plan for the approval of Mary Jane Labs? A. YES they are reasonable conditions to protect the health, safety & welfare % 69% B. NO, Site Plan is a made-up process by cities to try to impose conditions on a permitted use % 74 Q7 - If the city determined by ordinance that a PUD is a rezoning, must the PUD be approved by a majority vote of the city council or can the city council in its ordinance require a super majority vote? A. Majority vote 19 27% B. Majority vote / Supermajority -- it depends 35 50% C. Super majority vote 16 23% 65% /14

7 Q8 - If a requested PUD is denied, is the court on appeal more likely to uphold the denial if the PUD is a conditional use or a rezoning? A. More likely if a CUP 9 13% B. More likely if a rezoning 51 76% C. No difference 7 10% 62% 67 Q9 - May the City deny preliminary plat approval based on a conflict with the comprehensive plan? A. NO. The comprehensive plan may not be used to deny a use that is permitted in a zoning district % 66% B. YES. The comprehensive plan is a legitimate basis for the City to deny the application. 8 11% C. MAYBE. If the record supports the specific findings of a conflict with the comprehensive plan % /14

8 Q10 - Any issues with this exchange between Mayor and applicant? A. Yes, Open Meeting Law Violation if the Mayor polls the Council % 63% B. No, this kind of exchange happens all the time. Mayor is doing due diligence prior to the meeting to let the developer know where the application stands. C. Maybe, unless the Mayor keeps the results of the poll to herself and doesn t tell the rest of the Council % 28% 68 Q11 - May a City impose a charge on new development that is not specified in their ordinances? A. YES, if it directly corresponds to an adverse impact to the public interest caused by the development that must be addressed by the City, ie. Street or utility improvements. B. NO, cities must include their fees in an ordinance adopted annually. An ad hoc is by definition arbitrary. C. MAYBE, but the charge must be narrowly limited to correcting an adverse impact associated with the proposal % 56% 41% 61% /14

9 Q12 - Is there a limit on conditions or fees that cities can impose new subdivisions? A. NO, the sky is the limit as long as the condition or fee benefits the city. 0 0% 52% B. YES, cities can only regulate subdivisions by conditions of approval in their ordinance which are authorized by statute and which relate to the project before them. Cities can only impose fees on a subdivision that correspond to subdivision C. YES, but no more that $5,000 per residential unit if not in City code % 0% 56 Q13 - May the City deny the variance request based solely on the language of the comprehensive plan? A. NO. The developer has demonstrated there are practical difficulties justifying the need for the variance % 59% B. YES. The comprehensive plan may be used to deny a variance request. 3 5% C. MAYBE. If the record supports the specific findings of a conflict with the comprehensive plan % /14

10 Q14 - May the city revoke the permit legally? A. YES 15 21% B. YES, with limitations 13 18% C. NO 43 61% 66% 71 Q15 - Is community opposition to the approval of a CUP a legally sufficient basis for denying a CUP application? A. Community opposition is always by NIMBYs or other overly emotional/knee jerk reactionary people and therefore is never enough justification. B. Community opposition by itself is not enough justification. C. Community opposition justifies denial. 0 0% % 97% 58% /14

11 Q16 - If the applicants expert and neighbors expert have opposite opinions on if there is an adverse impact, may the council make a finding one way or the other? A. NO, the Council must hire it s own expert 0 0% 51% B. NO, the Council must rely on the consultation of their attorney 1 2% C. YES, the Council may make a finding that supports one or the other expert 54 98% 55 Q17 - May the City of Dreamsville impose two dedication requirements on the project related to future y street improvements including a trail? A. NO, Acme is not seeking to plat its property and the City lacks police power authority to otherwise compel a dedication. B. YES, under the right circumstances, the City may compel the dedication (or even construction) of the right of way improvements if the project creates traffic impacts that justify the improvements. C. YES, If the project requires county approval of any right of way improvements or a permit to do work in the right of way % 51% 8% 49% /14

12 Q18 - Did the sign lose its legal non-conforming status? A. YES, the use of the sign was discontinued for one year 21 32% B. NO, there was no intent to abandon the sign 38 58% C. NO, legal non-conformities are always legal 7 11% 61% 66 Q19 - May the City deny the CUP amendment solely on the basis of a conflict with the comprehensive plan? A. NO. The comprehensive plan is not an official control; rather, it is simply a compilation of policy statements, goals, standards, and maps for guiding development and the official controls set forth the proper criteria for evaluating the application % 50% B. YES. The comprehensive plan is a legitimate basis for the City to deny the application, as long as there is at least one conflict, even if other provisions support the project. C. MAYBE. If the record supports the specific findings of a conflict with the comprehensive plan % 67% /14

13 Q20 - Does a variance or PUD generally give the city more flexibility to vary the standards (e.g. setbacks, height limitations)? A. Variance provides more flexibility. 0 0% B. PUD provides more flexibility % C. Both are equal 3 5% 53% 57 Q21 - Can the City legally deny a variance if the applicant meets all of the criteria for the "practical difficulties" test? A. YES, variances can be denied. Variances are discretionary and Councils do not need to approve them even if the test is met. B. NO, variance cannot be denied. If an applicant meets the test, the variance must be approved. C. NO, variances cannot be denied ever 0 0% % 50% 56% /14

14 Questions for panelists Upvotes Downvotes Fun panel 0 0 What are the limits on city impact fees 0 0 Abandoned uses. Are t signs different from buildings. Buildings are occupied by people and can be clearly abandoned. Not signs. The old standard used to be that a cup was allowed if the cup ordinance standards have been met. In light of the Bloomington case, is there a higher standard? % 5 Bruce, have you ever rolled over /14