Planning and Zoning Commission

HOPKINS PLANNING AND ZONING COMMISSION SPECIAL MEETING AGENDA Tuesday, September 24, 2019 6:00 pm THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF PLANNING AND ZONING COMMISSION MEETING I. CALL TO ORDER II. ADOPT AGENDA III. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS IV. CONSENT AGENDA 1. Minutes of the August 27, 2019 Planning & Zoning Commission V. PUBLIC HEARING VI. OLD BUSINESS VII. NEW BUSINESS 1. Legal Training 2. Site Tour – Beacon Interfaith Housing Collaborative Development – 66 West ( 3330 West 66th St, Edina, MN 55435) This off-site tour will begin as soon as possible after the legal training. It is tentatively scheduled to start at the address listed about at 7:30 p.m. VIII. ANNOUNCEMENTS 1. August Planning Commission Items IX. ADJOURN DRAFT Minutes of the Planning & Zoning Commission, August 27, 2019 – Page 1 PLANNING & ZONING COMMISSION DRAFT MINUTES August 27, 2019 A regular meeting of the Hopkins Planning & Zoning Commission was held on August 27, 2019, at 6:30 p.m. in the Training Room at Hopkins Fire Station. Present were Commission Members Gerard Balan, Samuel Stiele, Nathan White, Emily Fiamova, Laura Daly and Kristen Hanneman. Commissioner Goeman was absent. Also present was City Planner Jason Lindahl. CALL TO ORDER Chairperson Balan called the meeting to order at 6:30 p.m. ADOPT AGENDA Commissioner Hanneman moved, Commissioner Stiele seconded, to adopt the agenda. The motion was approved unanimously. OPEN AGENDA – PUBLIC COMMENTS/ CONCERNS – None. CONSENT AGENDA Commissioner Stiele moved, Commissioner Hanneman seconded, to approve the minutes of the July 23, 2019 regular meeting with an attendance correction. Commissioners Daly and Goeman were not present. The motion was approved unanimously. PUBLIC HEARING 1. Planning Application 2019-12-CUP St. Gabriel Church Conditional Use Permit Amendment 1320 Mainstreet) Mr. Lindahl gave an overview of this item stating the applicant, Mohegen Hanson Architecture & Interiors on behalf of St. Gabriel Church, requests approval of an amendment to the existing conditional use permit for St. Joseph’s Church (and its school) to re-establish the associated convent use. The convent is considered incidental or accessory to the principal church use and therefore requires an amendment to the existing conditional use permit. The applicant plans to rehabilitate the convent building to house up to 10 sisters from the Handmaids of the Heart of Jesus. The applicant hosted a neighborhood meeting on August 20, from 7:00 to 8:00 p.m. No members of the community attended the meeting. Chairperson Balan opened the public hearing. The applicant, Paul Carr with Mohegen Hansen Architecture & Interiors, was present to answer questions. After some general discussion from the Commission and with no one from the public in attendance, Commissioner Daly moved and Commissioner Fiamova seconded to close the public hearing. The motion was approved unanimously. With no further discussion, Commissioner Hanneman moved and Commissioner Daly seconded, to adopt Resolution 2019-10 recommending the City Council approve an amendment to the DRAFT Minutes of the Planning & Zoning Commission, August 27, 2019 – Page 2 conditional use permit for St. Gabriel Church to re-establish the accessory convent use. The motion was approved unanimously. Mr. Lindahl stated that this item would be presented to the City Council at their regular meeting on Tuesday, September 3 with the Planning Commission’s recommendation for approval. OLD BUSINESS – None. NEW BUSINESS – None. ANNOUNCEMENTS During the announcements, City Planner Jason Lindahl updated the Planning & Zoning Commission on the following items: Chesterton Academy has moved students into their facility. The improvements to Harley Hopkins Resource Center have been mostly completed. The final draft of the Comprehensive Plan has been submitted to the Metropolitan Council and staff is awaiting any recommendations for changes necessary before the City Council can give their final approval. Staff put out an RFQ for consultants for the zoning ordinance update. Six firms responded and staff is in the process of scoring and reviewing the proposals. Work on the zoning code will likely start in the coming months and the Planning Commission will be included in the process. The September Planning Commission meeting will include the annual legal training. City Staff will start moving back to City Hall the first week of September. The Planning Commission will continue to have meetings at the fire station until October or November. City Hall Open House will be before the City Council meeting on October 1 from 5:00 to 6:30 p.m. ADJOURN Commissioner Hanneman moved, Commissioner Daly seconded, to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 8:17 p.m. Respectfully submitted, Courtney Pearsall Administrative Assistant  MEMO To: Planning & Zoning Commission From: Jason Lindahl, AICP Date: September 24, 2019 Subject: Legal Training Dave Anderson, attorney with Kennedy and Graven, will present the attached information to the Planning & Zoning Commission as part of our work session legal training. He will also discuss the specific duties of the Commission and its role in assisting the City Council with development decisions. Please review the attached information and bring your questions and comments to the work session next Tuesday, September 24 in the Training Room at the Hopkins Fire Station. Attachment: Zoning and Planning 101: Introduction to Basic Principles Legal Training PowerPoint Planning Commission Training Hopkins Planning Commission September 24, 2019 Presented by: David T. Anderson, Attorney Kennedy & Graven, Chartered Sources of the City’s Zoning Powers Federal and state constitutions: Regulation of land use is a valid police power of the City, as long as it is not used arbitrarily State statutes give the City the authority to adopt comprehensive plans, zone property, adopt subdivision regulations, and approve variances City ordinances implement zoning and must not conflict with state statutes Duties of the Planning Commission Advisory to the City Council on most matters Review and make recommendations to the City Council on: o The comprehensive plan o Zoning and subdivision ordinances o Conditional use permits and interim use permits o Official maps o Proposed subdivisions ( plats) o Site plans o Variances Act as the City’s Board of Appeals and Adjustments Information to be Relied Upon The Planning Commission must rely upon and make its decisions and recommendations in accordance with the City’s Comprehensive Plan, state statutes and the City’s zoning and subdivision ordinances The Planning Commission is not authorized by state law or the City Code to be able to make new policy to arrive at its decisions and recommendations Types of Review & Decisions Quasi-Judicial ºCommission must follow strict legal standards ºDoes application meet requirements of the ordinance? ºExamples – conditional use permits, subdivision applications, variances Legislative ºCommission has broader discretion ºCommission may consider policy issues ºExamples – comprehensive plan, zoning ordinance text amendments The Comprehensive Plan The comprehensive plan is a policy statement for the future development of the City City ordinances should not conflict with the comprehensive plan Inconsistencies must be corrected Periodic review of the comprehensive plan is required Court Review of Land Use Decisions General rule: a land use decision by the City will be upheld by a court if it is found to be reasonable under the circumstances Court Review of Land Use Decisions Comprehensive Plans & Zoning: These items are policy documents so decisions are considered to be legislative Courts give greater discretion to the City on these types of decisions The City’s decision will be upheld by the court unless it is found to be arbitrary or contrary to law Court Review of Land Use Decisions Conditional and interim use permits, variances, site plans, and plats: The City’s decisions implement the policies expressed in ordinances; quasi-judicial, not legislative Courts give less deference to the City Courts look at the standards set out in the City’s ordinance; if the application satisfies the criteria in the ordinance, it must be approved; important to know ordinance requirements CUP/ IUP should be approved if ordinance can be satisfied with imposition of reasonable conditions Court Review of Land Use Decisions Variances: Must show that there are “ practical difficulties,” meaning that the owner proposes to use the property in a reasonable manner that is not permitted by the ordinance; the owner’s plight is due to circumstances unique to the property and not caused by the owner; and the variance, if granted, will not alter the essential character of the locality Economic considerations alone do not constitute a “ practical difficulty” Allowed for deviations from dimensional standards, but may not permit a prohibited use Public Hearings and Decision- Making The court’s review of the City’s decision may be restricted to the evidence that was presented before the Planning Commission and the City Council In making its decision, the City Council also relies upon the evidence that was presented before the Planning Commission and the Planning Commission’ s analysis of the issues Therefore, it is important to follow these guidelines when considering an application: Allow all parties to fully present information Thoroughly study and review staff reports Actively participate in the discussion Know and state the reasons for the recommendation or the decision Written findings of fact are required, both for court review and by the 60-day law Neighborhood opposition alone is an insufficient reason to deny a request, but evidence from neighbors may be considered Voting If a tie vote occurs and the decision is one where the Planning Commission is acting in an advisory capacity, the item may proceed to the City Council with a tie vote. If a tie vote occurs and the decision is one where the Planning Commission is acting as the Board of Appeals and Adjustments or is reviewing a site plan, the motion fails. The Chair should then inquire as to whether there are any other motions to be made If no other motions are made, the Chair should declare that the application is denied. Commonly Heard Arguments The decision being made will reduce the value of my property and result in a taking.” If you make this decision you will be setting a ‘precedent.’” 60-Day Rule The City has 60 days to review applications related to zoning ( includes zoning, CUPs, site plans, and variances, but not plats) The City can extend the deadline up to a maximum of an additional 60 days The City can extend the deadline for more than 60 days if the applicant agrees to the extension Applications that are not finally approved or denied within the time period are automatically approved Written reasons are required for any denial Open Meeting Law Meetings of the Planning Commission must be open to the public A meeting occurs when a quorum or more meets to discuss Planning Commission business, even if no decision is made E-mail discussions can be considered meetings - if a quorum or more of the Commission participates, it would violate the open meeting law Penalties include loss of office, monetary penalties and possible attorneys’ fees awards