Planning and Zoning Commission

HOPKINS PLANNING & ZONING COMMISSION AGENDA Tuesday, June 28, 2022 6:30 pm THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE PLANNING & ZONING COMMISSION MEETING I. CALL TO ORDER II. ADOPT AGENDA III. COMMUNITY COMMENT IV. CONSENT AGENDA 1. Minutes of the May 31, 2022 Planning & Zoning Commission Special Meeting V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS 1. Review Planning & Zoning Commission Bylaws 2. Election of Planning & Zoning Commission Officers for 2022/2023 3. Outgoing Planning & Zoning Commissioner Recognition VIII. ANNOUNCEMENTS IX. ADJOURN  HOPKINS PLANNING & ZONING COMMISSION SPECIAL MEETING PROCEEDINGS MAY 31, 2022 CALL TO ORDER Pursuant to due call and notice thereof a special meeting of the Hopkins Planning & Zoning Commission was held on Tuesday, May 31, 2022 at 6:30 p.m. in the Council Chambers at City Hall, 1010 1st Street South. Chairperson Stiele called the meeting to order with Commission Members White, Dyrland, Terrill, Wright and Sedoff attending. Also present was Youth Member Searles, Director of Planning and Economic Development Kersten Elverum and Consultants from Duncan and Associates and Codametrics. ADOPT AGENDA Motion by Sedoff. Second by Wright. Motion to Adopt the Agenda as presented. Ayes: All. Nays: None. Motion carried. COMMUNITY COMMENT None. CONSENT AGENDA Motion by White. Second by Dyrland. Motion to Approve the Consent Agenda 1. Minutes of the March 22, 2022 Planning & Zoning Commission Meeting Ayes: All. Nays: None. Motion carried. PUBLIC HEARINGS 1. 2022-07 Zoning Regulations Update Director of Planning and Economic Development Kersten Elverum presented an overview history of the zoning regulations update to date and introduced the consultants for the zoning update, Kirk Bishop of Duncan and Associates and Leslie Oberholtzer of Codametrics, who provided a comprehensive summary of the final draft code. The consultants walked through some of the notable changes in the code including future land use plan, land use classes and the different zones, principal uses, accessory uses and structures, home occupations, parking and mobility, procedures, and next steps in the approval process. Commissioner White commented that the recently acquired parcel located at 11524 Excelsior Blvd which had been part of a land swap with the City of Minnetonka was not  HOPKINS PLANNING & ZONING COMMISSION SPECIAL MEETING PROCEEDINGS MAY 31, 2022 added to the new proposed zoning map. The consultants responded that they would work with staff to include it in the final map. Commissioner Sedoff commented on the code allowing group living facilities in neighborhoods instead of by a conditional use permit process. Ms. Elverum responded that state statute prohibits putting restrictions on those facilities. Ms. Sedoff questioned the difference between small and large facilities. The consultants responded with small being six or fewer and large being seven to sixteen. Commissioner Terrill provided additional information on the licensing process for group living facilities. Director Elverum followed up on duplexes and asked the consultants to further clarify the changes made in the new draft code. Chairperson Stiele opened the public hearing. Aaron Osowski, resident at 2062 Mainstreet, encouraged the Commission and Council to look into expanding the zones that allow duplexes and expressed support for Accessory Dwelling Units (ADUs). Luke Slindee, resident at 130 8th Avenue North, supports updating the zoning code more frequently as the city changes. Mr. Slindee also asked that the area around the Shady Oak Transit Station be reconsidered to maximize residential and commercial opportunities, and to consider rezoning the Oak Ridge golf course to a traditional neighborhood zone to allow for potential future redevelopment and added density. Josh Montgomery, resident at 202 9th Avenue North, commented on changing the current 20 foot setback requirement for alley facing garages to 3 feet, further clarification on what is considered an accessory dwelling unit, and removing deed restrictions on properties with secondary suites/backyard cottages. Regarding some of the comments received, Mr. Bishop responded that the garage setback requirement is driven by the existing 10 foot alley constraint and to accommodate turning movements of vehicles. There is an opening for discussion on removing the deed restriction requirement in zones that already allow duplexes or two principal dwelling units. Motion by Sedoff. Second by Terill. Motion to close the Public Hearing. Ayes: All. Nays: None. Motion carried.  HOPKINS PLANNING & ZONING COMMISSION SPECIAL MEETING PROCEEDINGS MAY 31, 2022 Commissioner Terrill commented on the deed restrictions hindering opportunities for people to build wealth as property owners. Commissioner White agreed with not requiring deed restrictions in zones that already allow duplexes or multi-family dwellings. Commissioner Sedoff questioned if a maintenance facility was still planned for the Shady Oak Transit Station. Director Elverum responded that currently there is a rail support facility proposed for the station area which is a smaller building than the previously proposed maintenance facility. Staff has been working with the project office on a redesign of the parking area at the station that would reduce the surface parking to 500 stalls which will provide for more development opportunities. Mr. Slindee questioned what the 500 parking stalls would be serving. Director Elverum responded that the parking is primarily for commuters. Mr. Slindee asked who would be paying for the road connections from 17th Avenue. Director Elverum responded that it was included in the project and is not coming out of city funds. The project intends to deem a large portion of the area as excess and sell for private development. Commissioner Sedoff shared additional comments in favor of the previously discussed changes to the deed restriction requirements, garage setbacks, and increased notification standards. Commissioner Wright requested duplexes be allowed in the N3-A zone and that the new code be used as an opportunity to both preserve the character of the neighborhoods and increase access and remove barriers to those neighborhoods. Commissioner White commented against allowing duplexes in all neighborhoods and requested clarification on the motion to be made. Commissioner Wright provided additional comments regarding duplexes and types of housing. Responding to a question from Commissioner Terrill regarding duplexes decreasing property values, Ms. Oberholtzer stated that design can have an impact on the character of a neighborhood. The N3-A zone does not have a maximum width on houses and if duplexes were expanded into that zone additional requirements would likely need to be considered. Additional discussion included recommending further discussion on equity policies not typically included in a zoning code. Motion by White. Second by Sedoff. Motion to Adopt Resolution 2022-03, recommending the Hopkins City Council approve an ordinance amending the Planning and Zoning Section of the City Code by repealing and replacing in its entirety Part III – Land Development, Chapter 100 – Subdivisions and Chapter 102 – Planning and Zoning, Article 6, 102-620(o) Deed Restrictions to include the language “not applicable to N3-B, NX-1, and NX-2 zones”. Ayes: Sedoff, White, Stiele Nays: Dyrland, Terrill, Wright. Motion failed.  HOPKINS PLANNING & ZONING COMMISSION SPECIAL MEETING PROCEEDINGS MAY 31, 2022 Motion by Wright. Second by None. Motion to Adopt Resolution 2022-03, recommending the Hopkins City Council approve an ordinance amending the Planning and Zoning Section of the City Code by repealing and replacing in its entirety Part III – Land Development, Chapter 100 – Subdivisions and Chapter 102 – Planning and Zoning, including language adopting two unit homes in the N3-A zone. After further discussion between the Commissioners regarding the motion, Director Elverum suggested a motion be made that includes all of the discussion points made during the meeting that received general support from the Commission. Motion failed due to lack of a Second. Motion by Sedoff. Second by Terrill. Motion to Adopt Resolution 2022-03, recommending the Hopkins City Council approve an ordinance amending the Planning and Zoning Section of the City Code by repealing and replacing in its entirety Part III – Land Development, Chapter 100 – Subdivisions and Chapter 102 – Planning and Zoning with modifications to expand duplexes in the N3-A zone, reduce rear setback requirements for alley facing garages and removing the requirement for deed restrictions in zones where two unit dwellings are allowed. Ayes: Sedoff, Terrill Nays: Wright, White, Dyrland, Stiele. Motion failed. Motion by Wright. Second by Terrill. Motion to Adopt Resolution 2022-03, recommending the Hopkins City Council approve an ordinance amending the Planning and Zoning Section of the City Code by repealing and replacing in its entirety Part III – Land Development, Chapter 100 – Subdivisions and Chapter 102 – Planning and Zoning with further modifications to expand two unit homes in the N3-A district with additional requirements, reduction of rear setback in alley facing garages to 10 feet with input from Public Works, removing deed restriction requirement against properties where two unit dwellings are allowed, and recommend pursuing a process to explore the adoption of equity subcommittee recommendations as standalone policies or future zoning amendments. Ayes: Terrill, Sedoff, Stiele, Wright Nays: White, Dyrland. Motion carried.  HOPKINS PLANNING & ZONING COMMISSION SPECIAL MEETING PROCEEDINGS MAY 31, 2022 OLD BUSINESS None. NEW BUSINESS Director Elverum introduced Ryan Krzos as the new City Planner for Hopkins. ANNOUNCEMENTS None. ADJOURNMENT Motion by Terrill Second by Sedoff Ayes: All. Nays: None. Motion carried. The meeting adjourned at 9:30 p.m. Respectfully submitted, Courtney Pearsall, Administrative Assistant ATTEST: ____________________________ Samuel Stiele, Chair  MEMO To: Planning Commission Chair and Members From: Ryan Krzos, AICP Date: June 28, 2022 Subject: Review Planning and Zoning Commission Bylaws Proposed Action – Review Planning and Zoning Bylaws. Overview The formation, powers and duties of a planning commission are established in state law, the City Charter and Section 2-68 of the City Code. Generally, the establishment and organization of a planning commission is left to the local government, while the powers and duties are detailed in state statute. The current Planning & Zoning Commission Bylaws were adopted on January 26, 1988 and were last updated in 2016 to address changes in State Statute that occurred up to that time. In May of 2021, Section 2-68 of the City Code was updated to allow for appointment of non- voting student members to the Commission. However, the Commission Bylaws were not modified to include this change. Staff prepared suggested revisions to the Bylaws to reflect this change; shown in the attached redlined document. The draft document also proposes further revisions to reflect the Commission’s current practices and operation. Specifically the draft makes the following changes: • Removes the secretary officer position whose duties are now handled by staff; • States that the term of Commissioners is a period of two years as reflected in Section 2- 68 of the City Code; • Revises the time limits for speakers during public hearings from 30 minutes to two minutes, unless otherwise arranged prior to the hearing, or by vote of the Commission. A review period of 30 days is to be provided prior to amending the Bylaws. The Bylaws may be amended by a two-thirds vote of the Commission with City Council review and approval required prior to taking effect. Alternatives 1. Discuss proposed amendments to the Planning & Zoning Commission Bylaws and bring these amendments back to the Commission for further review and action. 2. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued.  CITY OF HOPKINS PLANNING & ZONING COMMISSION BYLAWS AMENDED AND APPROVED __________  CITY OF HOPKINS PLANNING & ZONING COMMISSION BYLAWS ARTICLE I – IDENTITY 1.1 This organization shall be known as the City Planning & Zoning Commission of the City of Hopkins. 1.2 The administrative offices and mailing address of the Commission 1.31.2 shall be 1010 First Street South, City Hall, Hopkins, Minnesota. ARTICLE II – ORIGIN AND POWERS 2.1 The City Planning & Zoning Commission was created by Ordinance No. 269. The Commission serves in an advisory capacity to the City Council. The Commission is also the Board of Adjustments and Appeals as provided for in the zoning code and has the powers and duties assigned to it by the zoning code and by law. ARTICLE III – DUTIES AND OBJECTIVES 3.1 The objectives of the Commission is designed to serve in advisory capacity to the City Council and Administration and is further empowered to perform certain quasi- judicial functions. 3.2 The objectives of the Commission are to guide future development of land, services and facilities so as to ensure a safer, more pleasant and more economical environment for residential, commercial, industrial and public activities and so as to promote the public health, safety, morals, and general welfare, including the ae the aesthetic, social, economic, physical and environmental quality of the entire City in the context of the metropolitan community. To bring about the achievement of these objectives the Commission shall: (a) Establish community development objectives and policies, (b) Make development plans, (c) Increase public understanding and acceptance of planning practices,  (d) Coordinate development actions affecting City growth, (e) Make recommendations to the City Council relating to acceptance of subdivisions (Subdivision Code), (f) Make recommendations to the City Council regarding provisions of the Legislative Code (petitions and applications for rezoning, conditional use permits, variances, street and alley vacation, retention of tax forfeit land, etc.), (g) Review all matters relating to or affecting the physical development of the City, (h) Draft and recommend to the City Council for adoption, regulations and ordinances authorizing and empowering the enforcement of its findings and conclusions relating to the physical development of the City, and (i) Serve as a forum for citizen resident, business and community involvement and expression on the above- mentioned elements. ARTICLE IV – MEMBERSHIP 4.1 Number. The Commission shall consist of seven persons of which no less than six shall have been a resident of the City for one year or more on the date of appointment. At the sole discretion of the City Council, one member may be a manager, owner, or have a substantial ownership stake in a business that is located within the corporate city limits of the City of Hopkins. The Commission shall also have one staff liaison to be appointed by the City Manager. The Commission shall also have two youth members to be appointed by the City Manager. Each member except the staff liaison and the youth members shall have the right to vote on all matters before the Commission. 4.2 Terms. Member terms of office shall be for two years. Three members shall be appointed on July 1 of each odd numbered year and four shall be appointed on July 1 of each even numbered year. Members appointed to complete a current term of office shall be considered to have served a term of office if the appointment is to an office which is less than half completed. If the appointment is to an office which is more than half completed the appointment will not be considered a term of office. Members shall serve no more than two consecutive terms of office. The Council member shall serve for a term of one year and may be eligible for a consecutive one-year reappointment. Youth members shall be appointed on July 1 of each year, shall be appointed for a one-year term and shall serve no more than three consecutive terms of office. 4.3 Removal. Members may be subject to removal by the Mayor, for cause, but only after Council approval, after notice and opportunity for a hearing before the Council. Members who discontinue legal residency in the City or fail to maintain the requirements to be eligible to serve as a business representative shall automatically be deemed to have resigned from the Commission as of the date of such discontinuance. 4.4 Absenteeism. If any member fails to attend four regular meetings of the Commission per year, notice of such failure may be cause for removal and forwarded by the Chair to the Mayor and Council with the request for removal of such members from the Commission. 4.5 Expenses. Members shall serve without salary, but cost of sending notices, preparing and distributing minutes and other clerical expenses shall be paid by the City from the general fund together with such extraordinary expenses as are authorized by the City Council. ARTICLE V – OFFICERS AND DUTIES 5.1 Titles. The officers of this Commission shall be a Chair and , Vice-Chair and Secretary. 5.2 Duties of the Chair. The chair shall preside at all meetings, appoint committees, rule on procedural questions subject to reversal by a two-thirds vote of members in attendance, exercise the same voting rights as the other commissioners, assist City Administration in preparing annual Commission budget, and carry out such other duties as are assigned by the Commission. 5.3 Duties of the Vice-Chair. The Vice-Chair shall act in the absence or inability of the Chair to act and in such instances shall have the powers and functions of the Chair. 5.4 Duties of the Secretary. The secretary shall oversee the notifying of all members of meetings, drafting and circulating agendas, keeping on file all official records and reports of the Commission, keeping written record of Commission meetings, transactions and actions, serving required notices of all public hearings and public meetings, maintaining and circulating information and carrying out such other duties as are assigned by the Commission.  ARTICLE VI – ELECTION OF OFFICERS 6.1 Term. Officers shall be elected by secret ballot at the annual meeting of the Commission. Terms of office shall be for one year and no member shall hold the office of Chair or Vice-Chair for more than two years consecutively. Officers shall serve until replaced by a duly elected officer in accord with these procedures. 6.2 Nominating Committee. The Chair may appoint a nominating committee to report to the Commission prior to election, but nominating of officers may also be made from the floor. 6.3 Majority Required. Candidates for office receiving a majority vote of the entire voting membership (four) shall be declared duly elected. 6.4 Date of Office. New elected offers shall take office at the regular meeting in July. 6.5 Vacancies. Vacancies occurring in offices of the Commission shall be filled forthwith by regular election procedure. ARTICLE VII – MEETINGS 7.1 Annual Meetings. An annual organizational meeting shall be held at the regular meeting in May of each year. The annual meeting shall be devoted to the election of officers and may include amendments to the Bylaws, consideration of an annual work plan or other business as shall be scheduled by the Planning & Zoning Commission. 7.2 Regular Meetings. Regular meetings of the Commission shall be held on the fourth Tuesday of each month at a time and place agreed upon by the Commission at a prior meeting. At such meetings, the Commission may consider all matters properly brought before the Commission. A regular meeting may be cancelled or rescheduled by the Commission at a prior meeting, or by the Chair, the City Council or Mayor. In the event that the regular meeting date falls on a legal holiday, the meeting shall be held on the following day. 7.3 Special Meetings. Special meetings may be called at the discretion of the Chair, or by the written request of at least three members who shall convey such request to the staff liaisonsecretary. 7.4 Notice of Meetings. Notice in writing of annual meetings setting forth the time and place thereof shall be delivered to all Commission members at least twenty calendar days in advance of such meetings; notice in writing of each regular meeting shall be sent to all Commission members at least twenty calendar days in advance of such meetings; notice in writing of each regular meeting shall be sent to all Commission members at least four calendar days in advance of such meeting  and notice in writing of any special meeting shall be sent to all Commission members at least four calendar days prior to such meeting and shall state the time, place and purpose and agenda of such meeting. ARTICLE VIII – PRE-MEETING PROCEDURES 8.1 Agenda. The agenda for each meeting of the Commission shall be developed in writing by the staff liaisonsecretary of the Commission, subject to approval by the Zoning Administrator and Chair. 8.2 Application Deadlines. No matter shall be placed on the agenda unless written request or petition, along with necessary forms, legal descriptions, maps, drawings, etc., have been submitted to the Planning Department in proper and correct form and unless the following timetable has been observed.: a) Matter Requiring Published Newspaper Notice: All applications and referrals, including required legal descriptions, certified sufficient petitions, maps, drawings, etc., shall be received at a date set by the staff liaison Zoning Administrator each month. Applicants shall meet informally with the staff liaison Zoning Administrator and other city staff as necessary prior to submittal of such application in order to preliminarily discuss required drawings and possible planning implications. b) All other matters: For all matters other than those mentioned in (a) above, all applications and referrals, including required legal descriptions, certified sufficient petitions, maps, drawings, etc., shall be received by the Planning Department prior to the Commission meeting at which action may be taken. 8.3 Reference to Committee. The staff liaisonZoning Administrator and Chair may refer any matter to Commission committee before placing such matter on the agenda, and in such event the pertinent committee shall meet and consider said matter and report thereon before the Commission takes final action. Also, any three members of the Commission may, prior to or during full Commission discussion, require that a matter be considered by a Commission committee. 8.4 Reports. The staff liaisonZoning Administrator shall prepare a technical study or report on all matters to be heard and shall provide such reports or findings to Commission members at least four calendar days before the Commission meeting at which action may be taken. 8.5 Withdrawal. If a petitioner or applicant desires to withdraw a matter from the agenda, such request must be submitted to the staff liaison secretary in writing, and if any public notice has been given, any persons appearing at the noticed hearing on said petition or application shall be entitled to be heard at said hearing.  ARTICLE IX – MEETING PROCEDURE 9.1 Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern meeting procedures. However deliberative sessions of the Commission shall be conducted as informally as possible. 9.2 Quorum. A majority of the membership of the Commission (four) shall constitute a quorum for meeting purposes; however, no less than three affirmative or negative votes shall be required to transact business or make binding decisions on behalf of the Commission. Ex-officio members are eligible for the purpose of declaring a quorum but are non-voting members. 9.3 Conflict of Interest. Whenever a Commission member shall have a direct or indirect personal or financial interest in an application or petition before the Commission, such member shall declare such interest and shall not participate in any hearing on said matter; shall absent himself from all deliberative sessions or Commission discussion on said matter; and shall in no event vote upon said matter. When there is question as to the existence of a conflict of interest, the Chair shall make ruling thereon. The member with the conflict shall be required to leave the room during the voting. 9.4 Suspension of Rules. The Commission may temporarily suspend its rules by a three-fourths vote of members in attendance. 9.5 Appearance of Petitioner. No application or petition shall be given final approval unless the applicant or petitioner appears personally or by representative at hearing called thereon, or makes satisfactory explanation or presentation in lieu thereof. Such appearance shall not be required in matters regarding release of tax- forfeited “conservation” properties. 9.6 Agenda. Order of business at regular meetings shall be basically as follows: 1. Call to order. 2. Roll call or determination of quorum. 3. Public hearings. 4. Consideration of minutes. 5. Communications. 6. Report of final disposition of matters previously before the Commission. 7. Reports of officers and committees.  8. Consideration of matters regarding Commission action. 9. Other business. 10. Adjournment. 9.7 Dispensation. A motion must be made and voted upon in order to dispense with any item on the agenda. No binding or final action shall be taken on any agenda matter except at public, annual, regular, or special meetings. 9.8 Non-Agenda Matters. No binding or final action may be taken on any matter not on the written agenda except by unanimous vote of the members in attendance or two-thirds vote (five) of the entire membership. 9.9 Continuing. A continuing motion if passed has the effect of laying the matter over until the next regular meeting unless otherwise specified. 9.10 Tabling. A tabling motion if passed has the effect of laying the matter over indefinitely or until removed from the table. ARTICLE X – PUBLIC HEARING PROCEDURE 10.1 Time Limits. The proponents and opponents of any petition or application shall be limited to a total presentation period of thirty two minutes each, except through previous arrangement with the Chair, or by vote of the Commission.. 10.2 Order of Appearance. The proponents shall proceed first, and no person shall speak more than once on a matter before the Commission unless in answer to a question by a Commission member or staff member or following suspension of the rules, except that petitioner or his their representative may be granted not more than seven minutes to rebut the opposition presentation. 10.3 Termination of Hearing. Upon close of public hearing no further presentation shall be allowed except upon suspension of the rules. ARTICLE XI – SPECIALISTS 11.1 Special Committees & Observers. The Chair may appoint such special committees and chairpersons thereof as he/she they may from time to time deem necessary. ARTICLE XII – POLICY 12.1 Policy Statement. A written statement of policy of the Commission shall be drafted and maintained at the administration offices. 12.2 Policy Revision. Said policy may be revised, amended or added to at any regular or special meeting by a majority of the entire membership and shall be reviewed by the Commission or a committee thereof annually. 12.3 Policy Availability. The staff shall advise petitioners, applicants or other interested persons of applicable portions of said policy upon request. ARTICLE XIII – AMENDMENT OF BY-LAWS 13.1 Amendment Procedure. These bylaws and rules of procedure may be amended at any regular meeting by two-thirds vote of Commissioners in attendance and notice and copies of any proposed amendments shall be given all Commissioners along with meeting notice. Each Commissioner will receive at least thirty days written notice of intent to amend, including the date, time and place such amendment will be voted on, and an exact copy of the amendment as proposed. Amendments require two-thirds vote of the entire membership (five) of the Commission for passage; and in such instance only, Commission members will be allowed to vote by written proxy. All amendments are subject to City Council review and approval prior to taking effect. ARTICLE XIV – EFFECTIVE DATE 14.1 These bylaws shall take effect October 27, 2016 DATE , and shall supersede all bylaws which might have been earlier established for the City Planning & Zoning Commission of Hopkins.  MEMO To: Planning Commission Chair and Members From: Ryan Krzos, AICP Date: June 28, 2022 Subject: Election of Planning & Zoning Commission Officers for 2022/2023 Proposed Action - Conduct nominations and election of officers for 2022/2023. Overview According to its Bylaws, the Planning & Zoning Commission must elect a new Chairperson and Vice- Chairperson annually. The process for nomination and election of officers is outlined below. The newly elected officers will take their positions at the July 26, 2022, Planning & Zoning Commission meeting. Process to elect officers ● The current Chairperson will begin by asking the Commission for nominations for the position of Chairperson. ● Nominations do not require a "second." ● After nominations are made, there should be a motion made to close the nominations. ● A second is necessary to close the nominations. ● The Commission needs to vote to close the nominations. Ayes/Nays are needed. If only one nomination is made, the following motion could be used: "Move to elect _____________ by unanimous consent to the position of Chairperson." ● A second to the motion is necessary. ● Ayes/Nays are needed. If more than one nomination is made: ● The current Chairperson will request a show of hands for each nominee and record the votes. ● Based upon the show of hands, a motion should be made by the Chairperson: "Move that ________________ is elected to the position of Chairperson. ● A second to the motion is necessary. ● Ayes/Nays are needed. This process should be repeated for Vice-Chairperson.