AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF WHITE BEAR LAKE RELATED TO THE DEVELOPMENT REVIEW PROCESS

The Council of the City of White Bear Lake does ordain as follows:

ARTICLE I.  Section 1301 of the Municipal Code of the City of White Bear Lake – Administration is hereby amended by adding a new subdivision 1301.100 regarding Concept Plan Review:

1301.100 Concept Plan Review

Subd. 1  Purpose & Intent.  The purpose of the pre-application concept plan review is to help inform and involve the public in the planning process and allow developers to gain feedback directly from the public, Planning Commission and City Council prior to preparing a full formal application.  Feedback and opinions expressed by the city as part of a concept plan review are for guidance only and are not to be considered binding.  Comments provided during the concept plan review may help inform/influence future plans if the developer chooses to proceed with a future formal development application.

Subd. 2  Applicability.  Any applicant for approval of a land use or zoning application may request a preliminary (pre-application) concept plan review to explore the concept ideas and all other pertinent general information related to a possible future formal application.  The concept plan review process is a required pre-application steps for those applications that may include a comprehensive plan amendment, rezoning, planned unit development (PUD) or city financial assistance. 

Subd. 3  Schedule.  The concept plan review process shall follow the following schedule.  

1. Neighborhood Meeting. The developer hosts a neighborhood meeting to review a concept plan and solicit community feedback.  These meetings shall follow the Neighborhood Meeting requirements contained in Section 1301.110.  City officials and/or staff may attend the neighborhood meeting, but only to observe the dialog between the developer and neighborhood and answer “procedure” questions.
2. Planning Commission. The Planning Commission review is intended as a follow-up to the neighborhood meeting. The objective of this meeting is to identify major issues and challenges in order to inform subsequent review and discussion. The meeting includes a presentation by the developer of conceptual sketches and ideas, but not detailed engineering or architectural drawings. No staff recommendations are provided, the public is invited to offer comments, and planning commissioners are afforded the opportunity to ask questions and provide feedback without any formal motions or votes.
3. City Council. The City Council review is intended as a follow-up to the neighborhood meeting and Planning Commission review and would follow the same format as the Planning Commission review. No staff recommendations are provided, the public is invited to offer comments, and city council members are afforded the opportunity to ask questions and provide feedback without any formal motions or votes.

Subd. 4.  Next Steps.  The developer may choose to use feedback gathered through the concept plan review process to help prepare a future formal application.   

ARTICLE II.  Section 1301.070 of the Municipal Code of the City of White Bear Lake – Administration – Planned Unit Development is hereby amended by striking the terms “General Concept Stage” and “General Concept Plan” and replacing them with “General Stage” and “General Plan Stage” respectively throughout this section of the Code.  This change is necessary to avoid any potential confusion with the new Concept Plan Review process added in Article I above. 

ARTICLE III.  Section 1301 of the Municipal Code of the City of White Bear Lake – Administration is hereby amended by adding a new subdivision 1301.110 regarding Neighborhood Meetings:

1301.110  Neighborhood Meetings. 

            Subd. 1.  Purpose & Intent.  It is the city's intent to expand and enhance the dissemination of information to the residents and to encourage greater involvement by the community in the planning process. 

            Subd. 2.  Applicability. Applicants for concept plan review or conditional use permits or zoning map amendments located adjacent to or within any portion of a residential zone must host and facilitate a neighborhood meeting in accordance with the procedures listed below. The city may also require a neighborhood meeting for other land use applicants, as determined necessary and appropriate.  Required neighborhood meetings are separate and distinct from any public hearing required pursuant to state law.  The following conditional uses within Residential zones are exempt from the requirements of this subsection: daycares, home occupations, second curb cut, earth shelter homes and Home Accessory Apartments. 

            Subd. 3.  Scheduling. 

1. Applicants must schedule required neighborhood meetings to take place only after the city has accepted either a pre-application concept plan review or a formal land use or zoning application and at least one week before the planning commission concept plan review or the statutorily required public hearing on the subject application.
2. Meetings must be scheduled Monday through Thursday evenings after 6:30 p.m., although meetings may not take place on any of the following dates:
3. On a holiday, as that term is defined in Minnesota Statutes, Section 645.44;
   1. On October 31;
   2. On the evening of a major political party caucus; or
   3. On the date of an election being held within the city’s boundaries.
4. The applicant must host the meeting and present the proposed project for questions and comments from those in attendance.

            Subd. 4.  Notice And Invitation.  Notice of required neighborhood meetings must be mailed at least 10 days before the meeting to those names and addresses listed on the public hearing notice list provided by the Community Development department. The area of notification may be modified by city staff based on the specific project.  A copy of the meeting invitation must also be emailed to the members of the Planning Commission, City Council, and Community Development Director. A list of these individuals and their email addresses will be provided to the applicant by the Community Development department.  The notice and invitation must include at least the following:

1. Date, time, and location of the meeting;
2. Project location map;
3. General project description; and
4. Contact information for the applicant, including an email address, project website and a telephone number.

            Subd. 5.  Meeting Materials.  The applicant must make available to the public a complete description of the proposed project necessitating the application, including copies of printed materials and maps, where appropriate.  This information must also be available through a project website that allows the public to ask questions and provide comments directly to the developer.  

1. The applicant must provide a sign-in sheet at the meeting to be signed at the option of those in attendance. The applicant must also take minutes at the meeting. A copy of this information must be provided to city staff no more than one day following the neighborhood meeting.
2. The schedule of meeting dates for Planning Commission and City Council to consider the application, as applicable, must be provided to those in attendance at the meeting, if those dates are known.

            Subd. 6.  Modification Of Requirements.  The city recognizes that not all land use applications or circumstances are similar in nature and certain situations may warrant deviating from the express requirements of this section for reasons that cannot necessarily be predicted or contemplated within a rigid set of policy provisions. To that end, the City Manager is authorized to permit deviations from any of the neighborhood meeting requirements of this section upon determining that such deviation is reasonable under the circumstances. This subsection is not to be interpreted to act as a mechanism through which an applicant may request or apply for deviations, but rather is intended solely to provide city staff with the flexibility to initiate a deviation when circumstances warrant.

ARTICLE IV.  Incorporation.  The City Clerk shall renumber the remaining subdivisions in the amended section, and make such other non-substantive edits, as may be needed to incorporate the new subdivision into the section.

ARTICLE V.  Effective Date.  This ordinance shall become effective on the first day of publication after adoption.