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HomeMy WebLinkAbout08.12.20 Work Session1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Work Session Meeting Agenda August 12, 2020 6:00 PM Andover City Hall Council Chambers 6:00 p.m. 1. Call to Order 2. Discussion — Planning and Zoning Commission Procedures Packet Review 3. Other Business 4. Adjournment Please note: Some or all members of the Andover Planning & Zoning Commission may participate in the August 12, 2020 meeting by telephone or video conference call rather than by being physically present at the Commission's regular meeting place at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304. Members of the public can watch the meeting live on the government access channel, web stream via QCTV.org or physically attend at Andover City Hall. Please keep in mind that seating in the City Council Chambers is currently veru limited as appropriate social distancing will be practiced by the Commission and visitors. The public can also participate in the work session remotely through the video conference call. A link to the call will be available on the Planning Department website the day of the meeting. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.AN DOVE RM N.GOV TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: Planning and Zoning Commission Procedures Packet Review DATE: August 12, 2020 REQUEST Attached is a DRAFT Planning and Zoning Commission Procedures packet that staff will go over with the Planning and Zoning Commissioners. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Planning and Zoning Commission Procedures — revised 8/5/21120 General Information Role of the Planning and Zoning Commission The Planning and Zoning Commission serves as an advisory board to the City Council. The seven member board makes recommendations based on the city's Comprehensive Plan, City Code and the input of residents. The City Council makes all final decisions. A summary of the types of items reviewed by the Planning and Zoning Commission within this packet. Procedures The Commission abides by the rules of parliamentary procedure known as "Roberts Rules". A brief overview is provided within this packet as well. Meeting Dates and Times The Commission typically meets on the second Tuesday and sometimes on the fourth Tuesday of each month. Meetings are held in the City Council Chambers at City Hall. The meetings begin at 7:00 p.m. and typically last between one and three hours. The Commission also on occasion meets at 6:00 p.m. in work session prior to the regular meeting when needed, or may utilize the fourth Tuesday of each month for a work session. Length of Term Commissioners are appointed to serve three year terms beginning in January. Members may reapply to serve consecutive terms. Staff Reports Staff reports will be prepared for each item on the agenda. The reports will include general information, applicable ordinances as well as information provided by the applicant. A packet including all of the materials for each meeting will be delivered to Commissioner's homes on the Friday before the meeting by an Anoka County Sheriff's Department Community Service Officer. Attendance If you are unable to attend a meeting, please contact a staff member in the Planning Department. This is important to ensure that a quorum (majority) of Commissioners will be present at each meeting. Three absences may result in removal from the Commission. DRAFT I Payment Commission members receive a small stipend per meeting. Payments are made quarterly. Commissioners are asked to fill out a W-4 form prior to receiving compensation. DRAFT Summary of Items Reviewed by the Planning and Zoning Commission The majority of items reviewed by the Planning and Zoning Commission will be from one of the following categories: (establishing law) Comprehensive Plan A "road map" for the community. This document establishes the vision and goals for the community and City Code is required to be consistent with the Comprehensive Plan. As the City of Andover is part of the Metropolitan Council (Met Council) our Comprehensive Plan needs to be consistent with Policy Statements and guidance of the Met Council. This plan provides the foundation for all land use regulation in the city. Overall the information within a Comprehensive Plan follows three basic questions: 1. What is the state of community today? 2. What should the community be in the future? 3. How will we get there? Comprehensive Plan Amendment Most Comprehensive Plan Amendments (CPA's) involve changes in the Future Land Use Map. This map provides a land use designation for each property in the city. These designations regulate the types of activities that can occur on a property; such as residential, commercial, or industrial development. In other cases, a CPA may involve a change to the text of the plan to more accurately reflect changing times and conditions. Criteria for the review of these amendments are provided in Chapter One of the Comprehensive Plan. Zoning Ordinance This is a tool to implement the comprehensive plan. Zoning is a method of establishing a land use pattern by regulating how land is used by owners/renters. Zoning ordinances include area standards (size, setbacks, height, etc.), various zoning districts (residential, commercial, industrial) with standards and allowed uses within those zoning districts. Zoning Code Amendment City Code amendments typically involve changes to the text of the City Code. These requests can be initiated by an applicant or the city. In many cases changes to existing regulations are made to reflect changes in times and conditions or to address situations that have not previously been contemplated. Rezoning A rezoning is a change (amendment) to the city's official zoning map. These change the zoning district of one or more properties. Zoning districts prescribe land uses that are allowed as well as dimensional standards for lot size, building setbacks and other items as detailed in Title 12 of the City Code. DRAFT 3 STATE LAW. When property is rezoned from residential to commercial or industrial, a two —thirds majority of all members of the city council is required. Other zoning changes only require a simple majority and rezoning should be consistent with the comprehensive plan land use map. (applying law) Lot Split A Lot split is a division of one property into two properties. A survey, legal descriptions of the proposed properties and other information is required depending upon the circumstances surrounding the subject property. City Code Title 13, Chapter 1 provides the review procedure for lot splits. Sketch Plan A sketch plan allows input from the Commission on a conceptual development proposal. The purpose is to allow a discussion between the Commission and applicant to help determine whether a concept has merit and what types of adjustments are needed before proceeding to a formal recommendation by the Commission. This is a cheap way to determine if what a person is asking for is viable. Ghost Plat Typically this is a reference to a conceptual development layout for surrounding properties. It is used to show how the properties around a proposed development could develop, and the proposed development still leaves options for those property owners. Preliminary Plat Preliminary plats involve the subdivision of one or more properties into more than two properties. These items are more complex than lot splits and require additional application materials including a grading plan, storm water management plat, geotechnical report and tree protection plan. City Code Title 11 provides the specific regulations for preliminary plats. Conditional Use Permit Conditional use permits (CUP's) are required for land uses that have the potential for adverse impacts on adjacent properties. CUP's allow the city to place reasonable conditions on the approval of a project to mitigate these impacts. In some cases, with sufficient findings, the Commission can recommend denial of a CUP if reasonable conditions are deemed not to be sufficient to adequately address adverse impacts on adjacent properties. The burden of proof is the applicant's responsibility. The criteria for considering conditional use permits are provided in City Code 12-14-6. Criteria for granting Conditional Use Permits (CUP): 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: DRAFT 4 a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Interim Use Permit The purpose and intent of an Interim Use Permit (IUP) is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. IUP's include uses such as mining, home occupations, interim performance standards (for the Hughs/Westview area), land reclamation, storage of construction highway materials, subordinate classroom structures, and other uses that the City establishes a sunset clause, a date of expiration. The criteria for considering interim use permits are provided in City Code 12-14-12. The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: (1)Will not create an excess burden on parks, streets, and other public facilities; (2)Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; (3) Will not have a negative effect on values of property and scenic views; (4)Will be subject to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. Termination. An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first; (1)Five (5) years from the date of approval; or (2)The date or event stated in the permit; or DRAFT 5 (3)An amendment to the City Code that either no longer allows the interim use or now permits the interim use; or (4)The use has been discontinued for six months. Variance Variances are essentially a waiver of a specific City Code requirement that may be granted when unique circumstances are demonstrated by the applicant. The Commission is asked to compare an applicant's request to the Zoning Code and the criteria of City Code 12-14-7 to determine if a recommendation of approval or denial is appropriate. Review Criteria: 1. Variance shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; Means the landowner would like to use the property in a particular reasonable way but cannot do so under the current ordinance. It does not mean that the land cannot be put to any reasonable use without the variance. For example, if the variance application is for building too close to a lot line, or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable. b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; The uniqueness generally relates to the physical characteristics of the property. c. The variance, if granted, will not alter the essential character of the locality; Will the resulting structure be out of scale, out of place or inconsistent with the surrounding area? DRAFT 6 d. Economic considerations alone do not constitute practical difficulties. Economic considerations can be considered, however cannot be the sole factor. DRAFT Planned Unit Development (PUD) CITY CODE 13-3-1: PURPOSE: The purpose of a Planned Unit Development (PUD) is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. (Ord. 298, 8-4-2004) 13-3-6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All standards and provisions relating to an original zoning district shall apply, unless otherwise approved as part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13-3-9 of this chapter. (Ord. 298, 8-4-2004) If the PUD does not change the underlining zoning then the standards still apply. For example in the R-1 Single Family -Rural zoning district, the following are lot standards: • Lot size of 2.5 acres • Lots 300 feet wide at the front yard setback line • Lot depth of 150 feet • Density of 0.4 units per acre 13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall find that the following are present: A. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. (Ord. 298, 8-4-2004) 13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: DRAFT A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. • Minimizing soil disturbances for the construction of roadways? • Minimizing impacts to wetlands? • Openness to modifying design standards, such as street width, setbacks, lot dimensions, lot sizes? B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. • Review of access into and out of the development? • Review ofmultimodal traffic within the development? • Review of multimodal traffic to connect to existing amenities? C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back-to-back lots. • Tree stand preservation? • Landscaping plans? • Restrictive Easements? • Home Owners Association (HOA)? D. Preserves existing stands of trees and/or significant trees. • Tree stand preservation? • Moving roadways to avoid trees or significant trees? • Smaller lots than the 2.5 acres are considered in order to place a roadway in an area to preserve trees? E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. • Additional trees for each lot? • Monument entrances? • Rain gardens? F. Preserves significant usable space on individual lots or through the provision of open space within the development. • R-1 zoning requires a total of 13,600 square feet of upland (3,600 sq ft for home and 10, 000 square feet for primary and secondary septic location), would a half (5) acre of upland or more per lot be considered "significant usable space? • If a developer could provide more upland per lot vs. 13,600 square feet, would council consider a smaller lot than 2.5 acres? A • If a developer provided open space either as HOA owned or provided additional parkland or preserve to the City, would council consider smaller lots than 2.5 acres? • Clustering? G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. • If "Undulating topography" creates lots that are less than 2.5 acres, is that acceptable? • If minimizing the impact of construction creates smaller lots, is that acceptable? H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. • Custom home sites? • Limitations on building materials? • Color restrictions? • Home style restrictions (ramblers, two story, patio/slab, etc.)? L The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4- 2004). • If the HOA restricts uses that the City Code allows, is that acceptable? • Limit home occupations? • Not allow for accessory structures, additional limits on accessory structures size, • Restrictparking in driveways? • Require additional landscaping? • Other code restrictions? 13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit Development are beneficial and in the public interest to allow the development to be approved. A substantial amount of the design qualities identified in Section 13-3-11 of this chapter shall be found to be present in order to approve a PUD. The amount of amenities and type of qualities that constitute an acceptable PUD are at the sole discretion of the City Council to determine. (Ord. 298, 8-4-2004) DRAFT 10 General Applications Process Applicant meets with City Staff Applicant submits Application ARC Planning Staff Review Revisions Staff Comments -Develop PZ Agenda Eng. Item - Schedule Public Hearing PW Fire Bldg. Admin 401 A Nat. Res. Planning and Zoning Commission Meeting - Hold Public Hearing - Recommendation to City Council City Council Meeting— FINAL DECISION Develop CC Agenda Rem including Planning and Zoning Commission Comments J6 IF RNIED DRAFT 11 Planning Commission Public Hearing Process: Public Hearings The majority of items reviewed by the Planning and Zoning Commission require a public hearing. The City Council has adopted the following policy for public hearings: City of Andover Public Hearing Policy Citizen testimony, opinions or questions at a public hearing are encouraged and are considered by the Planning and Zoning Commission in their respective deliberations. The following guidelines are established by the Commission and are enforceable by the Chairperson or presiding Commission member. 1. A member of City staff will introduce and explain the agenda item. 2. One of the Commissioners will need to make a motion to open the public hearing. The motion will need to be seconded by another Commissioner. The motion will be called to a vote by the Chairperson. 3. Once the public hearing has been opened, the Chairperson will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. The petitioner will be called forward to present or answer questions from the Commission. Following the petitioner, the Chairperson will invite any citizen with questions or comments to come forward. A group of persons may select a spokesperson to speak for the group; that person may be granted more time at the Chairperson's discretion. 4. A citizen desiring to speak may do so by recognition by the Chairperson. He/she shall approach the podium and state their name and address. Citizens not recognized by the Chairperson should refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 5. Questions should be addressed to the Chairperson. The Commission is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or after the public hearing to obtain further information. 6. Each citizen will be permitted to address the Commission once during the meeting. At the Chairperson's discretion, second comments may be heard if time exists or if new information is to be presented. 7. After citizen comments have been heard, the Chairperson may call on the petitioner to address questions that were raised during the citizens comments. After the end of the citizen and petitioner comments one of the Commissioners will need to make a motion to close the public hearing. The motion will need to be seconded by another Commissioner. The motion will be called to a vote by the Chairperson. DRAFT 12 8. Once the public hearing has been closed, the Commission will hold its own discussion on the issue. A recommendation to the City Council may be made at this time or postponed until a later meeting if the Commission deems it needs additional information to make a recommendation. No further public comment will be allowed unless specifically invited by the Chairperson. ®RAFT 13 The pyramid of discretion framework illustrates how much discretion the city has to make land use decisions based on the role it is in. Variances � f QQv Conditional 0,� Q Use Permits F Subdivision Applications I in ®RAFT 14