Loading...
VII.2. First Reading: Review and Update of Regulations Governing the Planning & Zoning Commission; Lindahl (CR2016-089) September 6, 2016 City Council Report 2016-089 Review and Update of Regulations Governing the Planning & Zoning Commission Proposed Action: Staff recommends the following motions: • Move to adopt Resolution 2016-059, approving an amendment to the City of Hopkins Planning & Zoning Commission Bylaws. • Move to adopt Resolution 2016-60, approving Ordinance 2016-1114, amending Section 325 of the City Code related to the Zoning and Planning Commission Establishment. Overview This application was initiated by staff to update the regulations and Bylaws governing the Planning & Zoning Commission. The Planning & Zoning Commission is regulated by The City Charter, Section 325, of the City Code and the Bylaws. Based on comments from the Commission, and in consultation with the City Attorney, staff has prepared the attached revised Bylaws and zoning ordinance text amendment. The proposed changes are predominantly housekeeping items and eliminated inconsistencies among the three documents. The most significant changes move the Commission’s meetings from the last Tuesday to the fourth Tuesday of each month and empower the City Council to approve all changes to the Bylaws. During the August 30 meeting, the Commission recommended that City Council approve both items. Primary Issues to Consider • Legal Authority • Chapter 8 of the Hopkins City Charter – City Planning • City Code Section 325 – Planning & Zoning Commission • Planning & Zoning Commission Bylaws Revisions Supporting Documents • Resolution 2016-059 Approving an Amendment to the City of Hopkins Planning & Zoning Commission Bylaws • Resolution 2016-60 Approving Ordinance 2016-1114 Amending Section 325 of the City Code related to the Zoning and Planning Commission Establishment • Ordinance 2016-1114 Amending Section 325 of the City Code Related to the Zoning and Planning Commission Establishment • Revised Planning & Zoning Commission Bylaws • May 31, 2016, Planning & Zoning Commission Minutes • Chapter 8 of the Hopkins City Charter – City Planning • City Code Section 325 – Planning & Zoning Commission _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2016-089 Page 2 Planning & Zoning Commission Action On May 31 and August 30, 2016, the Planning & Zoning Commission reviewed Planning application 2016-12-TA to consider updates to the regulations and Bylaws governing this board. After hearing a summary presentation from staff, the Commission held a public hearing that produced no comment. After some general discussion, staff was directed to revise and update the Bylaws and Section 325 of the City Code. Based on these comments, staff has prepared the attached revised Bylaws and ordinance. Legal Authority. The formation, powers and duties of a planning commission are established in state law, the City Charter and 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. Primary Issues to Consider Chapter 8 of the Hopkins City Charter. Staff has attached this chapter for your reference. It provides that City Council shall, with the assistance of the City Manager, and if desired, of an advisory City Planning Commission, prepare and adopt a complete plan for the future physical development and growth of the City and such surrounding areas as the state law may permit. This is the Charter’s only reference to the Planning Commission. As a result, staff recommends no changes to the Charter at this time; however, the Charter Commission may wish to review and update this language at its next meeting. City Code Section 325 – Planning & Zoning Commission. Section 325 of the City Code was last updated in 2003, and is attached for your reference. It refers to the Bylaws and summarizes many of its provisions. Based on the recommended changes to the Bylaws, staff also recommends approval of Ordinance 2016-1114, changing the title of this board from “Zoning and Planning Commission” to “Planning & Zoning Commission” to provide consistency with the Bylaws. Planning & Zoning Commission Bylaws. The current Planning & Zoning Commission Bylaws were adopted on January 26, 1988. The Bylaws may be amended by a two-thirds vote of the Commission at any regular meeting. Staff recommends changes to Sections 2 - Origins and Powers, 3 – Duties and Objectives, 6 – Election of Officers, 7 - Meetings, 8 – Pre-meeting Procedure, 13 - Amendments, and 14 – Effective Date. Staff’s specific recommendations for each section of the Bylaws are detailed below. Article 2 - Origins and Powers. Section 2.1 states the Commission has the authority to approve plats. This is inconsistent with the subdivision regulations that state the Planning & Zoning Commission reviews plats, holds a public hearing and makes a recommendation to the City Council, but the City Council approves plat application. Staff recommends striking the language related to approving plats and adding language noting the Planning & Zoning Commission also serves as the Board of Adjustments and Appeals. Article 3 – Duties and Objectives. Section 3.2 lists the duties of the Planning & Zoning Commission. Item E states the Commission makes decisions relating to the acceptance of plats. Staff recommends amending this language to reflect the Commission makes a recommendation to the City Council regarding plat approval. City Council Report 2016-089 Page 3 Article 6 - Election of Officers. Section 6.4 states newly elected officers shall take office immediately upon election. Staff recommends amending this language to state they shall take office at the first meeting in July to reflect the current practice of holding the annual meeting and election of officers in May, but having new officers begin their term in July. Article 7 – Meetings. Section 7.1 states an annual organizational meeting shall be held at the regular meeting in July of each year and shall include the election of officers. This is inconsistent with current practice, which is to hold the annual meeting and election of officers during the May meeting. Staff recommends amending this section to reflect current practice. Section 7.2 states regular meetings of the Commission shall be held the last Tuesday of each month. Given that the number of Tuesdays in a month varies and the City Council and other advisory boards meet on specific days, staff recommends amending this section to reschedule the Planning and Zoning Commission meetings to the fourth Tuesday of each month. Since the City has already published the meeting schedule for the Planning & Zoning Commission for 2016, staff recommends this change begin in 2017. Staff also recommends adding language to this section clarifying how regular meetings may be canceled. Section 7.4 details the procedure for providing notice of annual, regular and special meetings to Commissioners. Staff recommends amending this section to specify calendar days and that notices for regular or special meetings shall be sent four days prior to the meeting to correspond to the schedule for distributing the agenda packet (see Section 8.4 – Reports below). Article 8 Pre-Meeting Procedures. Section 8.2(a) details the application deadline for rezoning, special use permit and preliminary plat applications. Staff recommends amending this language to be more general and all-inclusive to address all applications that require a published notice. Section 8.4 states that the agenda packet shall be mailed to the Commissioners at least one week prior to the meeting. Staff recommends amending this language to allow for other methods (electronic, etc.) of delivering the agenda packet. Article 13 – Amendment Procedure. The powers and duties of the Planning & Zoning Commission originate with the City Council. Given that the Planning & Zoning Commission was created, appointed and serves as advisory to the City Council, staff recommends adding language to this stating all amendments to the Bylaws are subject to City Council review and approval. Article 14 – Effective Date Section 14.1 states the effective date of the current Bylaws. Staff recommends updating this section to reflect the changes detailed above. Alternatives 1. Approve the amendment to the Bylaws and Section 325 of the City Code. By approving these items, the City Council will establish consistency between these documents and empower the City Council to approve future changes to the Planning & Zoning Commission Bylaws. City Council Report 2016-089 Page 4 2. Deny the amendment to the Bylaws and Section 325 of the City Code. By denying these items, the inconsistencies between them will remain and the City Council will not have the authority to approve future changes to the Planning & Zoning Commission Bylaws. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2016-059 A RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF HOPKINS PLANNING & ZONING COMMISSION BYLAWS WHEREAS, the City of Hopkins initiated an application to amend the City of Hopkins Planning & Zoning Commission Bylaws; and, WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City of Hopkins Planning & Zoning Commission Bylaws was initiated by the City of Hopkins on April 29, 2016; 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on May 31, 2016: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered, and this item was tabled to the August 30, 2016, meeting; 4. That the Hopkins Planning & Zoning Commission reviewed additional information regarding this item on August 30, 2016, and all persons present were given an opportunity to be heard; and, 5. That the City of Hopkins Planning & Zoning Commission approved Planning & Zoning Commission Resolution 2016-12, recommending the City Council approve this item. NOW, THEREFORE, BE IT RESOLVED that the City of Hopkins hereby approves an amendment to the City of Hopkins Planning & Zoning Commission Bylaws. Adopted by the City Council of the City of Hopkins this 6th day of September 2016. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2016-060 A RESOLUTION APPROVING ORDINANCE 2016-1114, AMENDING SECTION 325 OF THE CITY CODE RELATED TO THE PLANNING & ZONING COMMISSION ESTABLISHMENT WHEREAS, the City of Hopkins initiated an application to amend the City of Hopkins Planning & Zoning Commission Bylaws; WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City of Hopkins Planning & Zoning Commission Bylaws was initiated by the City of Hopkins on April 29, 2016; 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on May 31, 2016: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered, and this item was tabled to the August 30, 2016, meeting; and, 4. That the Hopkins Planning & Zoning Commission reviewed additional information regarding this item on August 30, 2016, and all persons present were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City of Hopkins hereby approves Ordinance 2016-1114, amending Section 325 of the City Code related to the Planning & Zoning Commission Establishment, based on the following: 1. Approval of this ordinance will create a consistent title for this board as the “Planning & Zoning Commission.” Adopted by the City Council of the City of Hopkins this 6th day of September 2016. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2016-1114 AN ORDINANCE AMENDING SECTION 325 OF THE CITY CODE RELATED TO THE PLANNING & ZONING COMMISSION ESTABLISHMENT THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Sections 325 of the Hopkins City Code is the same and is hereby amended by adding the following underlined language and deleting the following strikethrough language, which reads as follows: 325.01. Subdivision 1. Zoning and planning commission established Establishment of the Planning & Zoning Commission. The Planning & Zzoning and planning cCommission is created and continued. The cCommission shall consist of seven persons of which no less than six shall have been a resident of the cCity for one year or more on the date of appointment; one member may be a business owner or employee of a business that is located within the corporate city limits of the City of Hopkins, one staff liaison to be appointed by the City Manager. Each member except the staff liaison shall have the right to vote on all matters before the cCommission. Citizen m Member terms of office shall be for two years. Three citizen members of the cCommission shall be appointed on July 1st of each odd numbered year and four shall be appointed on July 1st of each even numbered year. Citizen m 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 the appointment will not be considered a term of office. Citizen mMembers shall serve no more than two consecutive terms of office. (Amended Ord. No. 87-581, Sec. 1)(Amended Ord. 2003-899) (Amended Ord 2003-905) The cCommission shall serve without compensation other than such compensation as its members may receive for other services performed for the cCity. The appointments shall be made by the Mayor with the approval of the Council, and any member of the Commission may be removed by a majority vote of the Council for misconduct or neglect of duties. The secretary of the Community Development Department shall act as secretary of the Commission and the City Attorney shall act as legal counsel for the Commission. (Amended Ord. No. 87-577) Subd. 2. Officers: by-Bylaws. The commission shall elect a chairperson from among its members and such other officers as its by-Bylaws may provide. The chairperson shall not be the business-owner business owner or employee unless that member is also a resident of Hopkins. The cCommission shall adopt by Bylaws governing its procedures. (Amended Ord 2003-905) Subd. 3. Other duties. The cCommission is the Board of Adjustment and Appeals as provided in the zoning code (Appendix I to this code) and has the powers and duties assigned to it by the zoning code and by law. First Reading: September 6, 2016 Second Reading: September 20, 2016 Date of Publication: September 29, 2016 Date Ordinance Takes Effect: September 29, 2016 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: ____________________ ______________ City Attorney Signature Date PLANNING & ZONING COMMISSION MINUTES May 31, 2016 A regular meeting of the Hopkins Planning & Zoning Commission was held on Tuesday, May 31, 2016, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Brian Hunke, Matt McNeil, Gary Newhouse, Mike Tait, Emily Wallace-Jackson and James Warden. Absent was Commissioner Scott Kerssen. Also present was City Planner Jason Lindahl. CALL TO ORDER Vice Chair Hunke called the meeting to order at 6:30 p.m. ADOPT AGENDA Commissioner Warden moved, Commissioner Newhouse seconded, to adopt the agenda. The motion was approved unanimously. CONSENT AGENDA Commissioner Warden moved, Commissioner McNeil seconded, to approve the minutes of the April 26, 2016, regular meeting. The motion was approved unanimously. NEW BUSINESS 1. Planning & Zoning Commission Bylaws Update (PR 16-12-TA) Mr. Lindahl stated that the Commission will discuss the bylaws at this and one other meeting, a formal draft will be written and brought to the City Manager and City Attorney, and the Commission will have a chance discuss that draft before it is adopted. He stated that there are several discrepancies among the bylaws, City Charter, City Code 325 and state law that should be resolved. Among the discrepancies are: the Commission has the power to approve plats; the Commission can amend the bylaws with a 2/3 vote; the Commission is referred to as “Planning & Zoning Commission; one business owner can/should be on the Commission; and, the Development & Planning director and a City Council liaison as ex officio are members of the Commission. Mr. Lindahl stated that the goal is to have the final draft by the end of summer. Following are some of the comments from Commissioners: McNeil: Keep “Planning and Zoning Commission” name as it’s more descriptive. Warden: Bylaws should be based on City Charter. Ms. Wallace-Jackson stated she is chair of the Charter Commission, and they did not have their regular annual meeting in April because the Assistant City Manager retired. She asked Mr. Lindahl to check on when the Charter Commission will meet next. Warden: Clarify articles membership, removal and absenteeism standards. They should be consistent with City Code. Hunke: Keep membership provision that includes Hopkins business owner. Minutes of the Planning & Zoning Commission, May 31, 2016 – Page 2 2. Shady Oak Station Area Zoning (PR 16-11-TA) Mr. Lindahl stated that staff’s vision for this station is that it be mobility-oriented, recognized as a trail head, include innovation district uses and build upon the authentic raw industrial character of the area. Generally the Commission was concerned about balancing implementation of this zoning district and its impact on existing businesses. Following are some of the comments from Commissioners: Warden: Concerned about auto-oriented uses and how they will fit in this transit-oriented district. Simplify the use table to be more like a Form Based code. Tait: Does the City have any redevelopment assistance available for this area? Mr. Lindahl responded that the City has not identified specific resources for individual businesses; however, the City will be making investments in trails, roads and storm water infrastructure with the expectation that these investments will spur private investment and redevelopment. Newhouse: Concerned about parking calculation methodology; 25% bicycle parking credit and reallocation of parking from the Blake Road station to the Shady Oak and Downtown stations. McNeil: If riders can’t find a parking spot they will move to the next station closer to their destination. He asked staff to provide parking information for the St. Louis Park stations. Hunke: Likes the minimum and maximum parking standards, and suggested Minnetonka rename 47th Street to fit in with the surrounding street names. 3. Election of 2016-2017 Planning Commission Officers Vice Chair Hunke requested nominations for the position of Chair. Commissioner Newhouse nominated Commissioner Warden, who declined. Commissioner Tait nominated Commissioner Hunke; Commissioner McNeil seconded the nomination. Commissioner Warden nominated Commissioner Wallace-Jackson, who declined. Commissioner Tait moved, Commissioner Newhouse seconded, to elect Commissioner Hunke to the position of Chair. The motion was approved unanimously. Vice Chair Hunke requested nominations for the position of Vice Chair. Commissioner Hunke nominated Commissioner Warden; Commissioner McNeil seconded the nomination. There were no other nominations. Commissioner Tait moved, Commissioner McNeil seconded, to elect Commissioner Warden to the position of Vice Chair. The motion was approved unanimously. ANNOUNCEMENTS During the announcements, Mr. Lindahl updated the Planning & Zoning Commission on the following items. 1. Planning & Zoning Commission Members Update: The Council will reappoint Commissioners Hunke and McNeil on June 7. Commissioner Tait is also up for reappointment but must meet the residency requirement by the end of his current term to be eligible for reappointment. Commissioner Kerssen’s second term ends in June, which will be his last meeting. The Commission welcomed his replacement, Kristin Hanneman, who was present. 2. Japs Olson Plat: City Council approved this plat on May 3. Minutes of the Planning & Zoning Commission, May 31, 2016 – Page 3 3. Moline Groundbreaking: Commissioners Kerssen and Hunke attended the groundbreaking for this project on May 16. 4. 2040 Comprehensive Plan Update: Staff is working on an “elevator speech” video commercial for the Comprehensive Plan that will be part of the City’s social media public engagement process. 5. Mr. Lindahl provided an update on LRT, stating that the Legislature adjourned without funding this project but the Governor and Legislative leaders are suggesting that it could be addressed during a special session. 6. Commissioner McNeil provided an update to the Commission about his concerns with the Hopkins mobile phone app and suggested staff continue to work with City Center, the app developer, to fully implement it. ADJOURN Commissioner Tait moved, Commissioner Warden seconded, to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 8:03 p.m. Respectfully submitted, Shannon Smith City of Hopkins Charter CITY PLANNING Section 8.01. THE CITY PLAN. The City Council shall with the assistance of the City Manager, and if desired, of an advisory City Planning Commission, prepare and adopt a complete plan for the future physical development and growth of the City and such surrounding areas as the State law may permit. Such plan may be altered from time to time. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public buildings, parks, playgrounds, bridges, transportation lines and other public places, as well as for other matters which may seem essential to such a plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all the necessary power to enforce complete adherence by all persons to the plan adopted as the City Plan. Hopkins City Code (Amended Jul 2003) 325 Section 325 Page 1 Section 325 - Zoning and Planning Commission 325.01. Subdivision 1. Zoning and planning commission established. The zoning and planning commission is created and continued. 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; one member may be a business owner or employee of a business that is located within the corporate city limits of the City of Hopkins, one staff liaison to be appointed by the City Manager. Each member except the staff liaison shall have the right to vote on all matters before the commission. Citizen member terms of office shall be for two years. Three citizen members of the commission shall be appointed on July 1st of each odd numbered year and four shall be appointed on July 1st of each even numbered year. Citizen 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 the appointment will not be considered a term of office. Citizen members shall serve no more than two consecutive terms of office (Amended Ord. No. 87-581, Sec. 1)(Amended Ord. 2003-899) (Amended Ord 2003-905) The commission shall serve without compensation other than such compensation as its members may receive for other services performed for the city. The appointments shall be made by the Mayor with the approval of the Council and any member of the Commission may be removed by a majority vote of the Council for misconduct or neglect of duties. The secretary of the Community Development Department shall act as secretary of the Commission and the City Attorney shall act as legal counsel for the Commission. (Amended Ord. No. 87-577) Subd. 2. Officers: by-laws. The commission shall elect a chairperson from among its members and such other officers as its by-laws may provide. The chairperson shall not be the business-owner or employee unless that member is also a resident of Hopkins. The commission shall adopt by laws governing its procedures. (Amended Ord 2003-905) Subd. 3. Other duties. The commission is the Board of Adjustment and Appeals as provided in the zoning code (Appendix I to this code) and has the powers and duties assigned to it by the zoning code and by law. Subd. 4. Advisory. The commission is advisory to the city council.