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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 The City of Edina wants all res idents to be c om fortable being part of the public proc ess . If you need as sistance in the way of hearing ampli$c ation, an interpreter, large-print documents or s om ething els e, pleas e c all 952-927-8861 72 hours in advanc e of the m eeting. 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