5.1. SR 07-11-2011REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 5.1.
AGENDA SECTION MEETING DATE PREPARED BY
Worksession ul 11, 2011 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED By
Authorization to Initiate a Conditional Use Amendment to Tim Simon, Finance Director
Amend the Planned Unit Development Agreement for Trott REVIEWED BY
Brook Farms -continued from July 5, 201 ~
ACTION REQUESTED
Direction on how to proceed.
BACKGROUND/DISCUSSION
At the July 5, 2011 City Council meeting, the Council pulled discussion regarding the City initiating a
Conditional Use Permit to amend the Planned Unit Development agreement for Trott Brook Farms.
The Council rightfully questioned the City incurring the cost to benefit a relatively few population of the
City.
In working with property owners, staff typically tells the property owner they can make application to
make any amendment they want and the process will start, or they can request, via staff, that the City
initiate the application. While the property owners save the application fee, they give up the ability to
draft the language and the ability to control the time line, assuming the City agrees that an amendment is
necessary.
In situations where an ordinance amendment serves a very narrow population, staff informs the property
owner that staff will not support an ordinance amendment. In this situation, a larger than normal
population will be affected. This is not dissimilar to an ordinance amendment affecting industrial users,
for example. In this regard, staff can support undertaking the process.
Staff will be in attendance at Monday's meeting to discuss.
FINANCIAL IMPACT
There is some financial impact associated with the mailing, public notice, and recording fee. This
amendment will not be codified.
ATTACHMENTS
^ Staff report to Council dated July 5, 2011.
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\Ciry Council\Coundl RCA\Agenda Packet\07-11-2011\Trott Brook Variance.docx
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REQUEST FOR ACTION
Riper
TO ITEM NUMBER
Ci Council 3.6.
AGENDA SECTION MEETING DATE PREPARED BY
Consent ul 5, 2011 erem Barnhart, Plannin Man er
ITEM DESCRIPTION REVIEWED B~/
A. Authorization to Complete Ordinance Amendments
i. Variances REVIEWED BY
ii. Landscaping
B. Authorization to Initiate a Conditional Use Amendment
to Amend the Planned Unit Development Agreement
for Trott Brook Farms
ACTION REQUESTED
Council motion authorizing staff to bring forward two different ordinance amendments: one related to
variances and the other to landscaping. Staff would also like authorization to initiate a Conditional Use
Amendment to amend the Planned Unit Development Agreement for Trott Brook Farms.
Stajj'rvill not be at the City Council meeting on July S. Should Council wish to putt this item fmm the consent agenda, it
urild be added to the July 11 workression.
BACKGROUND/DISCUSSION
Variances
In June 2010, the Minnesota Supreme Court made a decision on a variance case, stating in basic terms
that if a property has a reasonable use, a variance should not be granted. This effectively made variances
very difficult to approve, if not impossible. In response, the legislature amended the variance standards
statute, adopting the standard employed by Minnesota counties. Staff will be preparing an ordinance
amendment incorporating the new language.
Landscaping
In conjunction with the recently adopted City beautification goals, staff seeks authorization to review and
propose amendments to the landscaping/ screening ordinances, with several goals, including:
• Increase the presence of landscaping on streets and high visibility areas
• Increase the presence of flowers and shrubbery in landscaping plans
• Review the landscaping requirements based on `benchmark' cities; propose adjustments as
necessary
• Encourage the use of additional landscaping
• Encourage the use of `native' landscaping where appropriate
• Clarify existing requirements
C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0udook\SFWAYSNS\Request for Action OA
authroization 7-5-11 (3).docx
Trott Brook Farms PUD Amendment
Staff has been approached by a property owner whose building plans would require a variance; however,
the PUD agreement establishes the setbacks, not city ordinances. Because the PUD agreement does not
include language for a variance, the agreement needs to be amended, via the Conditional Use Permit
process. Staff will propose the variance process will follow the City's variance/appeal process. Future
PUD agreements will include an appeal process.
FINANCIAL IMPACT
Postcards will be mailed to notify all property owners in the Trott Brook Farms subdivision. This will
cost approximately X400, in addition to the normal publication and preparation costs.
ATTACHMENTS
^ None
Action Motion by Second by Vote
Follow Up
C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utk~ok\SFWAYSNS\Request for Action OA
authroization 7-5-11 (3).docx