(A) Applicability. The requirements of this chapter apply to all applications subject to review under this chapter except for compliant one-, two- or three-family dwellings. Those require only city staff review and the issuance of a zoning certificate.
(B) Authority to file applications.
(1) Unless otherwise specified, applications may be initiated by:
(a) The owner of the property;
(b) The owner’s authorized agent;
(c) A person with a signed purchase agreement for the property;
(d) A prospective owner with written permission from the owner; or
(e) The city.
(2) When an authorized agent files an application under this chapter on behalf of a property owner, the agent shall provide a signed authorization from the fee title property owner stating that the property owner agrees to be bound by all decisions, agreements and related conditions agreed to by such agent.
(3) For all applications involving multiple owners, contract purchasers, etc., all such persons shall sign the application.
(C) Pre-application meeting with city staff.
(1) All prospective applicants shall be required to speak with a member of the Community Development Department and, at the discretion of the Community Development Director, other city staff or the Development Review Committee prior to submitting an application. The purpose of this meeting is to review the proposal, the relevant code provisions, the required submittals, and potential opportunities or challenges.
(2) Discussions that occur during a pre-application conference are not binding on the city and do not constitute official assurances, representations or approvals by the city or its officials on any aspects of the plan or application discussed.
(D) Application submission schedule.
(1) Generally, complete applications for a conditional use permit, variance, rezoning, zoning, text amendment or plat must be submitted to the Community Development Department five weeks prior to the next meeting of the City Planning Commission. This allows time for application review and refinement and newspaper publication of the notice of the required public hearing. The Department publishes an annual schedule of submittal dates, Planning Commission hearing/meeting dates, and City Council meeting dates.
(2) A complete application for site plan review may be submitted at any time, as these applications are not subject to review by the Planning Commission and City Council unless a variance is involved.
(3) A specific schedule for the submission of applications in relation to scheduled meetings of the Planning Commission and City Council is maintained by the Community Development Department and made available to applicants at the pre-application meeting.
(E) Application contents.
(1) The organization of applications and the number of copies of required information to be submitted shall be determined by the Community Development Department.
(2) All applications shall include:
(a) A completed City of Waseca application form; there is no application fee for a sketch plan review;
(b) Verification of authority to file applications;
(c) Supporting title information establishing ownership interests in the property;
(d) All submittal requirements outlined in this chapter for the specific application type; three large-size paper sets, one 11" x 17" paper set and one PDF set are normally required; and
(e) The city may require applicants to submit such technical studies as may be necessary to enable the city to evaluate the application. Such studies may include, but not be limited to, traffic studies, engineering studies, environmental impact assessments, and economic impact reports. The costs of such studies shall be borne by the applicant with the persons or firms preparing the study approved by the city.
(F) There is no fee for site plan review; however, there are fees associated with applications related to Comprehensive Plan amendments, conditional use permits, planned unit developments, plats, rezonings, variances, and the like.
(1) Determination of fees. Fees required to accompany applications submitted under this chapter shall be in accordance with the approved fee schedule adopted by the City Council.
(2) Fees to be paid. No application shall be considered complete until all relevant fees have been paid.
(3) Refund of application fee. Application fees are not refundable except when the Community Development Department determines that an application was withdrawn prior to notice of public hearing being issued, and any consideration or review of the application.
(4) Cost of special studies. If the city contracts for a special service, such as a traffic study, to help review an application, the applicant will be required to provide money in escrow from which the fee will be paid. If the city agrees, the applicant may contract directly with a consultant for such services.
(G) Application acceptance.
(1) Complete application required. The review and consideration of an application submitted under this section shall only occur if such application includes all items that are required in support of the application and is deemed complete by the Community Development Department.
(2) Waiver of application requirements. Except for the required application form and the associated fee, the Community Development Department may waive individual submittal requirements and deem an application complete for review if it is determined that such information will serve no purpose during the review process. However, it is the responsibility of the applicant to supply all information required by this chapter, and a waiver issued by the Community Development Department shall not eliminate the need to provide such information at a later time if it is ultimately deemed necessary to adequately review the application. During the review process, failure of an applicant to supply information in a timely manner may result in denial of the application because of the city’s inability to comply with State-mandated time deadlines.
(H) Deadlines for municipal action. Maximum time periods within which the city must render a decision on an application related to zoning are established in Minnesota Statute. Deadlines related to a land subdivision application are also established in Minnesota Statute. If an application is incomplete, city staff will notify the applicant within 15 business days regarding which materials are missing, and the calendar for rendering a municipal decision will start again when all requested materials have been received.
(I) Simultaneous processing of applications. Whenever two or more forms of review and approval are required under this chapter (e.g., a proposed rezoning and subdivision application), the applications for those approvals may, at the discretion of the Community Development Department, be processed simultaneously, so long as all applicable requirements are satisfied for all applications.
(J) Formal review by city staff.
(1) Upon receipt of a complete application, the Community Development Director will prepare either a written decision (in the case of a site plan review) or a written recommendation to the Planning Commission and the City Council. A copy of the review will be transmitted to the applicant. The Director may involve other staff and/or the Development Review Committee in the review. The applicant may be asked to meet with the Director and/or other staff or the DRC.
(2) Before completing the written review, the Community Development Director may consult with the applicant to negotiate revisions and conditions of approval. The applicant may be asked to submit a revised partial plan set that reflects the agreed-upon changes. There may be additional meetings between the applicant and the city staff during this time.
(3) If during the review process it is discovered that an additional city action or review by another agency is required, the application may be delayed until additional information is submitted to address the problem or additional agency review is completed.
(4) If a project involves only site plan review, once updated plans are submitted to the Community Development Department, the applicant may apply for a building permit. If an application involves additional applications such as a variance, conditional use permit, plat, or rezoning, the application will proceed to the Planning Commission and then the City Council.
(K) Public notice.
(1) Incomplete applications may not be scheduled and noticed for a public hearing at the Planning Commission unless missing items are submitted in time to allow the city staff to adequately review them prior to the public hearing. Additional materials may be requested by the Community Development Director after the notice has been mailed or published.
(2) The Community Development Department will be responsible for mailing or publishing the notice of a public hearing.
(3) Content.
(a) A bold title referring to the content of the notice;
(b) Identification of the address or location of the property or properties subject to the application;
(c) Date, time, and place of the public hearing;
(d) Nature and scope of the application;
(e) Where to view the application;
(f) Where the public may be heard; and
(g) Provision for written comments. The notice will describe where written comments will be received prior to the public hearing.
(4) Timing of the notice. Unless otherwise expressly provided in City Code or required by law, all notices required by statute or Code shall be postmarked and/or published at least ten days prior to the hearing at which the application will be considered.
(5) Type of notice required.
Table 16-2: Notification Requirements
Posted | Published | Mailed |
Posted | Published | Mailed | |
Comprehensive Plan amendment | Yes | Yes | No |
Conditional use permit | Yes | Yes | Yes |
Interim use permit | Yes | Yes | Yes |
Planned unit developments | Yes | Yes | Yes |
Revocation of conditional or interim use permit | Yes | Permittee or owner | |
Site plan review | No | No | No |
Variance | Yes | Yes | Yes |
Zoning Map amendment (rezoning) | Yes | Yes | Yes |
Zoning text amendment | Yes | Yes | No |
(L) Letter of approval. Following a decision by the Council on an application, the applicant will be notified in writing. Following approval, a building permit or occupancy permit may be granted.
(M) Environmental review.
(1) No development project shall be approved prior to review by the Community Development Department to determine the necessity for completion of an environmental assessment worksheet (EAW) or environmental impact statement (EIS). Procedures for EAWs and EISs are set forth in the Minnesota Environmental Quality Review Board regulations for the Environmental Review Program authorized by Minnesota Statutes.
(2) Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. No decision on granting of a permit or other approval required may be issued until the EAW / EIS process is completed.
(3) At the city’s discretion, an alternative urban areawide review (AUAR) may be used to meet environmental review requirements.
(N) Withdrawal of an application. A request for withdrawal of an application shall be submitted in writing to the Community Development Department.
(O) Reconsideration of land use approval applications. No application for land use approval which has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six months from the date of City Council action on the application, except where there is substantial new evidence or proof of a change in conditions with respect to such application. Before any such reconsideration, the city may require the submission of the appropriate application fee and the application may be considered as a new application.
(P) Agreements.
(1) The Community Development Department may require:
(a) That the applicant (and property owner if different) to indicate agreement with the city’s conditions of approval by signing the letter of approval issued by the Department; or
(b) That the applicant (and property owner if different) signs a development agreement, which runs with the land and is recorded with the county.
(2) The Community Development Department may waive either of these requirements.
(Ord. 1040, passed 1-5-16)