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HomeMy WebLinkAbout02-18-2025 Planning Commission Agenda and WorksessionAgenda Planning Commission Work Session Tuesday, February 18, 2025, 5:00 PM 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov Roll Call Work Session Item Planning Commission Overview/Training Adjournment Sign up for email notifications at oronomn.gov AGENDA ITEM Date: February 18, 2025 Title: Planning Commission Overview/Training Presenter: Laura Oakden, Community Development Director Section: Work Session Item Item: Purpose: The goal of this worksession is to go over meeting procedure and scope. There are 3 new member to the planning commission, this worksession will go over the meeting logistics and processfor the new members. Staff intends to hold a future worksession later this year to review roles of the planning commission and relevant land use regulations. 2. Staff Recommendation: Discuss meeting meeting procedure and planning commission scope 3. Planning Commission Action Requested: No Actions is required at this time. 2 Planning Commission Work Session Orientation February 18, 2025 Land Use Regulations • Cities are granted land use authority by the Municipal Planning Act. Cities regulate land use through three basic tools: 1. The comprehensive plan: The comprehensive plan helps a city plan for the future. 2. The zoning ordinance: The zoning ordinance regulates the use and density of particular similar uses, to prevent congestion, environmental contamination, and other health hazards. 3. The subdivision ordinance: A subdivision ordinance regulates the division of land into smaller lots and the creation of blocks and neighborhoods with safe streets, appropriate environmental features, and character. • These planning, zoning, and subdivision tools protect and promote development of a city. HU IF PIS L I ME J IN I SPRING PARK Q DBOLTON & MENK MINNFQNNABE CH City of Orono Zoning Map 2021 December 2021 INSET I E rrrrr :I LONG. INSET 0 3,OX IIIIIIW--1F,eI 60- Day Rule • The 60-Day Rule is a state law requiring cities to approve or deny a written request relating to zoning within 60 days. Failure to act within 60 days results in automatic approval of a request. • The 60-Day Rule is applied to land use application • Staff reviews applications for completeness and communicate-& the status to applicants within 15 days of submittal • Extensions: The law allows a city the opportunity to give itself an additional 60 days (up to a total of 120 days) to consider an application. Planning Commission Roles • Provide guidance to the City Council on development and future planning • Future Planning: • Implement the Comprehensive Plan Guidance • Review and provide guidance for ordinances amendments • Apply Current Regulations • Review and provide recommendations on Land Use Applications • Hold Public Hearings on behalf of the City Council Commission Break Down • Orono's Planning Commission is made up of 7 Members • A minimum of 4 Commission Members constitutes a quorum, which is required to hold a meeting • We currently have 2 Alternate Commissioners • Chair and Co -Chair are assigned annually • The Chair runs the meetings Common Types of Applications • Variances- an exception -&to a rule/ordinance • Is the practical difficulty standard met? • Conditional Use Permits • Permitted/allowed uses within a zoning district, as long as certain conditions are met • Each use may have specific conditions for approval outlined in the City Code • Subdivision/Plats • Sketch Plan-, — Informal review. Opportunity to provide Guidance to the applicant • Preliminary Plat — Plan for subdividing land to create new lots Amendments • Comprehensive Plan Amendment • Ordinance Amendments • Map Amendments — zoning changes Permitted Uses and Conditional Uses • Permitted uses are those that the zoning ordinance allows (by right) without prior approval. • Conditional uses are those activities that the zoning ordinance permits if certain conditions set forth in the city ordinance are met. • The city must grant a conditional use permit (CUP) if the applicant satisfies all the conditions expressed �in a zoning ordinance. • Neighborhood opposition alone does not authorize the rejection of a CUP application. • CUP Procedure: (Follows the 60- day rule) • Application is deemed complete • Public notice is published • Planning Commission holds a Public Hearing • Council reviews the application and acts • Permitted Uses are administratively approved (May require a site plan review if improvements are proposed) Practical Difficulties Worksheet for Variances Mimnesota State Statutes Section 462 357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be grantetl. The difficult- must be unique to the property as variances run with the land and not the land owner Personal and economic situations are not considered valid practical difficulties. Please recognize that any notes on this worksheet Is public Information. 1, "I he prop¢ y owner proposes o e prope y m a reasonable manner) not permitted by the Zoning Chapter Is the proposed the Intent of the onln code? 2. -The plight of the landowner is due to circumstances unique to his properly not createtl by the landowner"Why Is the circumstance/ ro aril ue? 3. The variance, If granted, will not alter the essential character of the locality." Is the proposed uselstructure Consistent with the neighborhood character? 4.'Economlc tonslderatlons alone do not constitute practical difficulties if reasonable use for Ue property exists antler the terms of the Zoning Chapter" Is the request for the yes No varianceonly based on financial reasons? 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in yes No Minnesota Statutes, Section 116J.06, Subd 2 when m he with this Chapter " Is the variance for direct access to solar crier , or for earth sheltered Construction? 6. "The Board of Appeals antl Atljustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's yes No land is located." Is the use allowed? 7. The Board or Council may permit as a variance the temporary use of acne -family dwelling as a two-family Yes No dwellin Does this a I ? 8. "The special conditions applying to the structure or land in question are peculiar to such property or Immediately adjoining property." What rules make this property (and neighboring properties) difficult to use for Its Intended 9. The conditions do not apply generally to ofher land or structures in the district In which said land Is located," What features of the land/ ro unI u 10. "The granting of the application Is necessary for the preservation and enjoyment of a substantial property right of the applicant." What Is the specific property right (based on oning tlistrlet)71f the varlance(s) Is denied, can the property be used for the Intended purpose? 11. The granting of the proposed variance will not In any way impair health, safety, comfort, morals. or m any other respell be contrary to the intent of the Zoning Code" Identify the potential negative Impacts to health, safety, comfort, 12. is granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable dit(culty." Are there alternatives that require fewer or no varlari Are these options feasible? Variances/ Practica Difficulties • A way for a city to allow an exception to the strict requirements of a zoning ordinance. • generally for a dimensional standard (such as setbacks or height limits). A variance may not be used to allow a use that is prohibited in a zoning district. • A variance may be granted if enforcement of a zoning ordinance as applied would create "practical difficulties" for the land owner. • If a variance applicant can demonstrate the practical difficulties test is met, that the variance would be in harmony with the general purposes and intent of the zoning ordinance, and that the variance is consistent with the comprehensive plan, the city may grant the variance. • Procedure: (Follows the 60- day rule) • Application is deemed complete • Public notice is published • Planning Commission holds a Public Hearing • Council reviewed the application and acts Public Hearings— An opportunity to hear/receive comments from the public on a land use application. • Held by the Planning Commission • City Council can also hold them but this is not typical • Notices for all public hearings (PH) must be published a minimum of 10 days prior to the hearing • PH notices are posted in the local newspaper, on the city website, and posted at the post office • Public hearing notices are also mailed to neighboring property owners within 500 ft of a subject parcel (state statute required 350 ft) • Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided that a genuine attempt to comply with the requirement has been made. Meeting Process • Staff will reach out 1 week before the meeting to confirm Commissioner attendance. Please respond to this email to -confirm a quorum. Staff will engage with alternates if needed. • The meeting Packet will be published and emailed to Commissioners on the Friday before the meeting • Commissioners should review the published packet • Review the request • Visit the Site • Review Staff's Analysis and Recommendation Packet/ Memo Layout • iLegislate : Bookmark, Take Notes, highlight and download documents • Cover Page= Executive Summary of the application • Exhibit A of the item — is the Staff memo which contains: • Summary and Recommendation • Background, Lot Analysis, City Code analysis, Findings/Determinations, Questions about the project, Public Comment, Recommendation and conditions for approval if appropriate • Typical Attachments/Exhibits: Application, Narrative, Site Plan, Hardcover Calculations, Construction Plans, Public Comments, Public Hearing Mailings Meeting Process • Call the Meeting to Order (6pm or when a quorum is met) • Pledge of Allegiance • Approval of Agenda (Motion Required) • Approval of Minutes (Motion Required) • Public Hearings • Old/New Business • Other Items- administrative updates by staff • Adjourn (Motion Required) Agenda Items • Chair introduces the agenda item • Staff Presentation • PC asks Questions of Staff • Applicant Presentation (At the podium) • PC asks Questions of Applicant • Public Hearing • Open — receive comments from the public • Close the public hearing • Commissioner Discussion Public Hearings Procedure • Chair will OPEN the public hearing and take Comment • All public is welcome to speak on this item. The member of the public is asked to State their name and address • Comments must be provided at the podium, into the microphone • Timing- Chair may request that the public refrain from repeating the same comments • The public should direct all comments/questions to the chair and the Commission • The Commission and applicant should listen and not respond to public comment at this time • The Chair can direct questions to staff • The Chair can allow the applicant to respond to the comments once all public comments are received. • Chair will CLOSE the public hearing- all remaining discussion should be between W the Planning Commissioners Action Options: Approve, Deny, Table • Approve • Formal Recommendation to the City Council to Approve the Application • Moves the Application forward to the Council • Deny • Formal Recommendation to the City Council to Deny the Application • Moves the Application forward to the Council • Table • Staff typically only recommends tabling an application if there is a need for amendments or missing information • Application will be brought back to a subsequent Planning Commission meeting date after the applicant addresses outstanding information Common Terms • Legal Non -conforming (Use, Structure, Property) • A condition that legally existed prior to the establishment of a zoning district or a specific zoning regulation • Can be maintained and rebuilt, "in -kind", but NOT expanded in any way. • In -kind means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure. • 75-foot lakesetback vs. Average Lakeshore Setback • Hardcover, the amount of improved areas / hard surface on a property 4 environmental / water quality control VS. Structural Coverage total square footage of building footprint coverage 4 massing control Meeting Best Practices • React to proposals — give direction for changes, don't redesign a plan • Use Staff as a resource: Refer to staff recommendations, or ask staff questions for guidance if unsure of process or Code requirement • Conditions can be placed on variance approvals to Mitigate an undesired impact. The applied condition(s) must have a Nexus or rational connection to the variance or standard being varied. (i.e. Screening, rain gardens)