HomeMy WebLinkAbout2021-03-24 Planning Commission Special Joint Meeting with City Council Meeting PacketAgenda
City Council Meeting
City of Edina, Minnesota
JOIN T M EETIN G WITH PLAN N IN G COMM ISSION
Call 800-374-0221, enter Conference ID 6746009 to listen to meeting
Wednesday, March 24, 2021
7:00 PM
I.Call To Order
II.Roll Call
III.Approval Of Meeting Agenda
A.Community Planning and Zoning Training
IV.Adjournment
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Date: Marc h 24, 2021 Agenda Item #: I I I.A.
To:Mayor and C ity C ouncil Item Type:
O ther
F rom:C ary Teague, C ommunity Development Director
Item Activity:
Subject:C ommunity P lanning and Zoning Training Dis cus s ion, Information
C ITY O F E D IN A
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
None requested.
I N TR O D U C TI O N:
Joint training session with the City Council and P lanning Commission regarding P lanning and Zoning. F acilitated
by J ohn W. Shardlow, FAI C P, Stantec C onsulting.
AT TAC HME N T S:
Description
Community Planning and Zoning Training Presentation
City of Edina
Community Planning and Zoning Training for
Planning Commissioners and City Council Members
March 24, 2021
Presenter
John W. Shardlow,FAICP
Senior Principal
Agenda
•7:00 pm -Welcome/Introductions, Objectives for the Session
•Historical Overview
•Zoning Ordinance
•Legal Issues
•Findings of fact, making the public record
•Planning Commission Role
•Conflict of interest, Open Meeting Law, Running Effective Meetings
•Discussion
•9:00 pm Adjourn
Historical Overview
•First land use regulations, public health laws
in England-light, circulation,etc.
•Pre-zoning, before 1916, nuisance laws –
the use of police power to protect the public
health, safety and welfare.
•Early zoning rules –assumption of validity
of local zoning decisions
•Modern judicial review –search for a
rational basis, relationship to comprehensive
plan.
Our Forefathers
•Constitution framers -
landed gentry, not
peasants
•Property rights very
important
•“Life, liberty and
pursuit of happiness”
in Declaration of
Independence
•“Life, liberty and
property” in
Constitution (Bill of
Rights)
United States Constitution
•Established Federal
Government as one of limited
and expressly enumerated
powers.
•Grants general police power
to the States, not the Federal
Government.
•States delegate the police
power to local government
units through the State
enabling legislation.
Enabling Statutes
•Municipalities –Minn Stat. 462.351 et. seq.
(applies to all cities and towns)
•Counties –Minn Stat. 394.21 et. seq.
(applies to counties having less than
300,000 population)
•Metropolitan Area Local Units –Minn Stat.
473.851 to 473.871 and 473.175 (all cities,
counties,and towns in the seven-county
metro)
United States Constitution
Key Principles:
•Due Process
•Equal Protection
•Takings
Procedural Due Process
•Process, procedure must be
fair
•No person may be deprived
of use of property without a
fair hearing, opportunity to
be heard, defend against the
proposed action
•Public hearing, notice given
•Chance to speak to decision
makers about the action
Due Process –Two Prongs
Substantive Due Process
•Substance, content must be
reasonable
•No person may be deprived
of use of property under
circumstances that are
unreasonable, arbitrary, or
capricious
•Facts, findings, conclusions
must be reasonable
Equal Protection (14th Amendment)
“. . .nor shall any State
. . . deny to any person
within its jurisdiction
the equal protection
of the laws.”
Equal Protection
•No law may unduly favor
one group over another
nor impose a hostile
discrimination on any
particular group
•“reasonableness of the
classification” -reasons
for treating one use or
group differently from
another can be acceptable
A Question of Balance
Common
Good
Police
Power
Individual
Rights
Constitution
Official Roles &Responsibilities
▪Staff
▪Planning Commission
▪Parks Commission
▪City Council (County or Town Board)
Staff Role
▪Administer planning process
▪Initial contact with applicants and
developers
▪Prepare planning reports
▪Technical advice to Planning and Parks
Commissions, City Council &Public
Planning Commission Role
▪Responsible for preparing and
recommending a plan for the community’s
future
▪May serve as Board of Adjustment and
make decisions regarding variances (subject
to appeal to governing body)
Planning Commission Role
▪Review and Make Recommendations on:
▪Comprehensive plan amendments
▪Rezoning
▪Subdivisions
▪Conditional Use Permits
▪Variances –final action *
▪Planned Unit Developments
City Council Role (Town/County Board)
▪Sole legal authority in City
government
▪Authority to adopt a comprehensive
plan, parks master plan
▪Controls budget
▪Decide/Approve
▪Comprehensive plan
▪Amendments
▪Rezoning
▪Plats
▪Variances –appeals
▪Conditional use
permits
City Council Role (Town/County Board)
Role of the Zoning Ordinance
•Its purpose is to
implement the
comprehensive plan
•Source of zoning authority is
the state enabling legislation
–limited to what is
adopted in the ordinance
•Standards must be
reasonable means to
legal ends
Role of the Zoning Ordinance
Planning & Zoning
Discretion Pyramid Bldg
Permit
Site Plan
Review
Conditional Use
Permit
Zoning,Rezoning
Comprehensive Plan
Subdivisions/Plats
Variances
Discretionary
Authority
Public
Involvement
The Rule Books
•Planning Commission and Board of
Adjustments must following the guiding
documents:
–Comprehensive Plan
–Zoning Ordinance
–Subdivision Ordinance
Comprehensive Plan
•Mandatory in 7-County metro area
•Guide for future development
•Strategic map to reach the vision of the City
•General guiding policy document
•Prepared by professional planners and
consultants, not lawyers
•Foundation for Zoning Ordinance
Edina
Comprehensive
Plan
Edina Zoning Map
Zoning Ordinance
•Must be reasonable and have a rational
basis for the regulation
•What can be regulated by Ordinance?
–Uses of Buildings and Property
–Buildings (bulk, height, exterior materials,setbacks,
location, # of buildings/lot)
–Lot coverage
–Minimum Yard areas (setbacks)
–Density
–Parking
•More specific than Comp Plan –legal tool
Types of Uses
PRINCIPAL: The Main/Primary Use of the
Property
ACCESSORY: A Secondary/Subordinate use of
the Property (not allowed on its own)
Permitted Use
PERMITTED USE:A use that is permitted
“as of right” with no special approval required
or conditions attached.
Conditional Use
CONDITIONAL USE or SPECIAL USE:a
permitted use to which reasonable
conditions may be attached based on factual
findings.
Runs with the land in perpetuity (forever) –no
time limit, not granted to an individual
Interim Use
INTERIM USE:
•A temporary use of the land
•To which reasonable conditions may be
attached,and;
•Which will expire:
•On a certain date,
•After a certain event,or
•When zoning ordinance no longer allows it
Permitted by State statute, but must have
provision in Zoning Ordinance.
Zoning Ordinance
•Municipal Planning Act gives authority to
regulate land use and development
•Municipal Planning Act limits authority to
regulate certain uses (must be allowed):
–Manufactured homes
–Feedlots
–Earth Homes
–State Licensed Residential Care Facilities
Zoning Ordinance
•Other Laws that limit authority:
–Religious Land Use and Institutionalized Persons Act
(RLUIPA) -cannot burden religious exercise
–Telecommunications Act (Federal)
•Regulations cannot prohibit or have the effect of
prohibiting wireless communication
•Must allow antenna towers
–MN State Statue 237.163 (May 2017)
•“Small wireless facilities” allowed in ROW
–ADA/Fair Housing Act
•Cannot have different rules for buildings that
house people with disabilities
Subdivision Regulations
•Regulates:
–The division of land
–Lot sizes
–Complementary streets to existing land
–Requirement for parks,trails
–Preservation of natural resources
–Payment of park dedication fees (FMV of
land and can only be used for park
improvements, not operational expenses)
Subdivision Regulations
•Ensures that new development and
redevelopment meets standards for a
safe, functional and enjoyable
community
•Even more detailed requirements than
Comp Plan and Zoning Ordinance
•Minutia: public trails, parks, utilities,
streets, boulevards, lighting, signs
•Written by planners and engineers
Subdivision Regulations
•Plat must:
–Be certified by a registered land surveyor
–Have a name
–Be signed by all fee owners, mortgage
holders, contract for deed holders
Subdivision Regulations
•2 steps
–Preliminary Plat approval (120 days)
•General nature, design and scope of project
•May add conditions such as:
–Add sidewalks/trails
–Reduce number of lots
–Require MNDOT review &approval
–Final Plat approval (60 days)
–Can combine hearing and approve both
simultaneously
Minimum lot size requirements
Standards Dictated by Chapter 32
Min. Lot Area
9,000 square feet
•unless located in a
defined neighborhood
with a median lot area
greater than 9,000
square feet, which
requires minimum lot
size not less than the
neighborhood median
Min. Lot Width
75 feet
•unless located in
neighborhood with a
median width greater
than 75 ft., then
minimum width becomes
not less than the median
width
Min. Lot Depth
120 feet
•unless located in
neighborhood with a
median depth greater
than 120 ft, then
minimum shall not be
less than the median lot
depth
Variance
•VARIANCE: Approval to depart from the
requirements of the zoning ordinance;
permission to “break the rules.”
–Standard –PRACTICAL DIFFICULTY
Variance –Practical Difficulties
•Variances may be granted,but are not
required to be granted,when there are
“practical difficulties”:
1)Property will be used in a reasonable
manner
2)There are circumstances unique to
property not caused by landowner
3)The variance will not alter essential
character of locality *
Variance –Reasonable Manner
•The owner wants to use the property in a
reasonable way, but cannot do so under the
rules of the ordinance.
•This does not mean the land cannot be put
to any use without the variance, just that
the owner’s request is reasonable.
Variance –Unique Circumstances
•Usually relates to physical characteristics of
the property
•Economic considerations alone are not
sufficient
Variance –General Considerations
•Precedent only applies to applications that
are similarly situated in facts and in time
•Use variances are not allowed
•An error by city staff does not entitle a
person to a variance
Variance –Conditions of approval
Acceptable provided that they are directly relevant to
addressing a particular problem –nexus
If the site conditions may result in unsightly views, you can
require screening, not unrelated performance standards
Zoning Ordinance Amendments
Zoning Ordinance amendment is changing
the terms, classification or boundary of a
Zoning District.
•Text or Map amendment
Zoning Ordinance Amendment
•In order to approve a Zoning Ordinance
Amendment Application:
–Must comply with Comprehensive Plan
–Must not impede orderly development
–Must not endanger, injure, detrimentally
impact surrounding properties
Considerations:
▪Most Planning Commissions spend the vast
majority of their time processing zoning
applications (implementation) as opposed to
planning
▪Zoning is a tool and its purpose is to
implement the comprehensive plan
▪The Official Zoning Map and the Zoning
Ordinance are constantly becoming obsolete
Considerations:
▪Minnesota cities misuse variances because
they fail to keep their standards current
▪They over rely on conditional use permits
and misunderstand the discretion they have
in their approval
▪Public participation is reactionary and not
proactive
Re-zoning (Map)
•Greater burden on applicant than on
government to change zoning
•Relationship to comprehensive plan
–Cannot allow “spot” zoning: small island
of nonconforming use
•Rezoning Residential to Commercial or
Industrial requires 2/3 vote
Re-zoning (Text)
•Cannot change the zoning rules ad hoc
•Must amend the ordinance according to
state law and procedure set out in city code
for amendments
Comprehensive Plan Amendment
•Comprehensive Plan is the guiding document for
the City
•The Planning Commission prepares, reviews and
recommends amendments to the Comp Plan.
•When in conflict with Zoning Ordinance,the
Comprehensive Plan wins:
•A city is obliged to zone in accordance with the
Plan
Planned Unit Developments
•PUD: A rezoning or conditional/special use
permit to review a project as a “unit” of several
buildings or uses, rather than individual buildings on
individual lots, encouraging creativity and innovation,
and allowing flexibility in the strict application of
zoning standards
•Edina’s Design Experience Guidelines support PUD
reviews
Open Meeting Law
General Rule:
All meetings are open to the public.
•General Rule: All meetings are open to the
public.
•“Meetings” are not defined in the Open
Meeting Law
•Defined in case law:
–A quorum of the body;
–Discusses, decides, or receives
information as a group;and
–Information is related to official business
Open Meeting Law
Inside-the-room meetings
•Notice of the date,time,
location is posted
Outside-the-room meetings
•Email
•Social Media
•Facebook
•Twitter
•LinkedIn
Open Meeting Law
•You are violating the Open Meeting Law if:
–You are friends on FB with a quorum of PC
members;or
–You are followed on Twitter by a quorum of
PC members;or
–You are “LinkedIn” with a quorum of PC
members;and
–You discuss, post, or opine about any
official business that comes before you
at the PC
Open Meeting Law
•Suggestions for site visits
-Nothing wrong with site visits
-Maintain objective fact finding
atmosphere versus advocacy for/against
project
-Let project representatives know about
organized opposition and afford them
opportunity to attend
Visit site as entire commission. (Notice
site visit as public meeting)
Open Meeting Law
•Suggestions for site visits:
-If staff member or consultant will be
preparing planning report, bring him/her
-Establish ground rules prior to meeting:
Visit for objective fact finding purposes
only, will not receive information to
influence opinions. All such information
should be at scheduled public
meetings.
Open Meeting Law
•Suggestions for individual advocate
meetings
-Be careful
-Strongly consider having a staff member
present (spell out in by-laws)
Open Meeting Law
Creating the Public Record
•Every time you review an application, hold a
hearing and make a recommendation you
are creating a public record of your decision
•It is your job to sort through, find and
document relevant facts and interpret them
according to the applicable standards
Prototypical Findings of Fact
•Introduction: Date, purpose of meeting,
description of project
•Findings of Fact:
•Who is applicant, what are they
proposing, what is site currently used for
and who owns it
•Applicant’s control of land
•Size of property, zoning, nature of rezoning
Prototypical Findings of Fact
•Comprehensive Plan Relationships:
•Land Use Plan designation
•Relationship to other Comp Plan element
•Consistency with plan goals and policies
•Relationship to other plans or studies
Prototypical Findings of Fact
•Standards/criteria for approval and how
application meets standards
•Factual findings
•Expert testimony, reports used to make
your decision, traffic studies,etc.
•Any other information that explains rational
basis for decision
•Decision:Summarize request, state whether
approval is granted/denied; adoption date.
60-Day Rule
•Application submitted
–15 business days to
determine if it is
complete
•If incomplete, must
reject it in writing and
state the reasons as to
why it is incomplete
Public Hearings
What Kinds of Matters Require a Public Hearing by
law? (Check your Zoning Code)
–Variances
–CUPs
–Interim Use Permits
–Zoning Code Amendments (text or map)
–Comprehensive Plan Amendments
–Preliminary Plat Approvals
Legal requirements
•Published in official newspaper
•At least 10 days in advance of hearing
•Mailed notice to property owners
within 350 feet of applicant’s property
•Allow public comment at the hearing
•ONLY ONE PUBLIC HEARING IS
REQUIRED
Public Hearings
•Why is a Public Hearing Important?
–Due Process:
•Notice = to all interested parties,
including the public
•The Record = full presentation by the
applicant, City and the public
Public Hearings
•Why is Due Process important?
–14th Amendment to the US Constitution
–Art. 1 Section 7 of the MN Constitution
–Gives people an opportunity to present
their case when a property interest is at
stake
Public Hearings
•Make a decision and adopt Findings of
Fact that:
–Articulate the basis for the decision
–Communicate to the applicant the
approval or denial and the reasons
Public Hearings
•Approval: Valid Findings of Fact
–Consistent with the Comprehensive Plan
–Not endanger, injure, detrimentally
impact surrounding properties
–Meets definition of “practical difficulties”
when applicable (Variances)
Public Hearings
•Approval: Not Valid Findings of Fact
–But we really like the guy
–Proposed use is better than what’s there
–Owner can’t sell property with current
situation
–Owner already spent money assuming
application would be approved
Public Hearings
•Denial: Valid Findings of Fact
–Not consistent with the Comp Plan
–Will endanger, injure, detrimentally
impact surrounding properties
–Does not meet elements of “practical
difficulties”
Public Hearings
•Denial: Not Valid Findings of Fact
–Neighborhood Opposition
–NIMBYs (Not In My Back Yard)
–The use does not reflect my values
–The use isn’t what I prefer to see on that
property
Public Hearings
You cannot always vote
the way citizens want
you to vote.You must
vote as the Rule Books
require you to vote.
Public Hearings
Sample Goals and Policies
•Goal:
•Promote alternative transportation such as
bicycling, walking, transit and rail.
•Policies:
•Incorporate, where feasible, bicycle and
pedestrian infrastructure when planning new
roadways.
•Require bike-parking facilities in new
development.
•Require, at a minimum, sidewalks along all new
collector and arterial roadways.
Running and Participating in
Effective Meetings
•All of the discussion and consensus building
related to your decisions has to happen in
public meetings
•You need to educate and guide the public
and applicants to present relevant and
timely information
•None of you are mind readers –you have to
communicate with each other and build a
public record
Creating a Strong and Successful
Planning Commission
▪Prepare and maintain an accurate and up to
date Procedures Manual that explains
clearly how your system works, what the
applicant’s responsibilities are, exactly what
information is needed to process an
application, and the schedule.At the very
least, have an application checklist.This is
the minimum requirement to protect the
City’s position in disputes regarding the 60-
day rule.
Creating a Strong and Successful
Planning Commission
▪The Commission functions in two capacities:
▪By recommending policy, the
Commission participates in the
LEGISLATIVE process of preparing the
Comprehensive Plan and adopting
zoning. Making the laws.
▪The Commission also serves in a QUASI-
JUDICIAL capacity when it reviews
applications. Interpreting the laws.
▪Once policy is set, it is the Commission’s
responsibility to apply it.Personal opinions
are irrelevant.
Effective Discussion Skills
•Respect All Participants
•Ask for clarification
•Act as gatekeepers
•Listen
•Summarize
•Contain digression
•Manage time
•End the discussion
•Test for consensus
•Constantly evaluate the meeting process
Twelve Thoughts on Working Together
I.Listen
a)To other commission members, citizens
and staff
b)Focus on listening rather than preparing
response
II.Seek Consensus
a)Discern common ground among competing
view points
b)Process may be more important than
product
c)More study may be helpful
Twelve Thoughts on Working Together
III.Disagree Agreeably
a)Don’t lose sight of issue at hand
b)Avoid grandstanding
c)Conflicts can be opportunity
IV.Respect the Will of the Majority
a)Live with the results of vote on major
issue. Move on.
V.Respect the Rights of the Minority
Twelve Thoughts on Working Together
VI.Treat Everyone with Respect
a)Do not publicly embarrass or humiliate others
b)Focus on ideas/suggestions rather than
questioning motives, intelligence or integrity
VII.Share Information
a)All members should have same information
in timely manner
VIII.Make Decisions in the Open
a)Open environment where debate is
encouraged and valued
b)Avoid speaking as Commission as group
outside of meetings
Twelve Thoughts on Working Together
IX.Nurture the Value of the Individual, Recognize the
Strength of the Team
a)No one is expert on every issue-take
advantages of differences among members
b)Strength comes from working as a team
IX.Trust Your Judgment, Make Tough Decisions
a)You are trusted to make informed decisions
b)The right decision on issue may not
represent feelings of all residents
c)Key role: make decisions about greater good
Twelve Thoughts on Working Together
XI.Avoid “Meeting Night” Tunnel Vision
a)Keep what happens at council meetings
within the context of the operation of the
entire city
XII.This too shall pass
a)There will always be another controversial
issue looming on the horizon
b)Keep balanced perspective and maintain a
healthy sense of humor
Examples Of Opening Statements By The Chair:
•Before I open the public hearing, I want to explain
some important information to all of those who
intend to participate in this process.We are the
Planning Commission of the City of Edina.We
have been appointed to serve on this commission
by the City Council.
•The Planning Commission is responsible for
preparing and recommending a Comprehensive
Plan for the community.We also review planning
applications to determine if they meet the
standards contained in the zoning ordinance and
subdivision regulations.
Examples Of Opening Statements By The Chair:
(cont.)
•With certain types of applications it is also our
responsibility to conduct a public hearing.The
purpose of the public hearing is to ensure that
everyone with an interest in the matter has an
opportunity to present testimony and evidence in
support of his/her position.
Summary
•Where we get authority to
plan and zone
•U.S.Constitution
•What are the tools we use -
Comp Plan,Zoning
•CUP, Variance, PUD,etc.
•Legal issues –Open
Meeting, Findings,Conflicts
•Planning Commission role –
Leadership,Discussion
Planning & Zoning
Discretion Pyramid Bldg
Permit
Site Plan
Review
Conditional Use
Permit
Zoning,Rezoning
Comprehensive Plan
Subdivisions/Plats
Variances
Discretionary
Authority
Public
Involvement
City of Edina
March 24, 2021
Questions &Discussion