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HomeMy WebLinkAboutMay 3, 2005 PLANNING & ZONING COMMISSION MINUTES OF THE REGULAR MEETING MAY 3, 2005 7:00 PM The meeting was called to order at 7 :00 pm. by Donna Schmitt. Roll Call: Present: Schmitt, Peterson, Fiorendino & Thompson Excused Member: Szurek Also present were Pat Smith (City Planner), and Shelley Hanson (Secretary). A motion was made by Fiorendino, seconded by Peterson, to approve the minutes from April 5, 2005 as written. All Ayes. MOTION PASSED. PUBLIC HEARINGS None NEW BUSINESS Planner Smith explained this is the last training session he will be holding. So, he again reviewed the Roles and Responsibilities of the Commission. He then proceeded with training on Variances, Non-Conforming Uses and Lots, Bulk Requirements, and Subdivision Regulations. Variances- A variance is a minor exception to the zoning regulations that, if granted by the City Council, allows an applicant to do what could not otherwise be legally done. Variances are a quasi-judicial decision. The variance process is treated somewhat like a regular trial in court, therefore, there are strict rules on how a variance procedure is conducted. There are four procedural rules that must be followed: 1. The Zoning Ordinance lists five "finds of fact" that must be met in order to grant the variance (Section 9.407). 2. The burden is on the applicant to show why the application meets the standards for vanances. 3. Regardless of the opinions of people present at the variance public hearing, the attention of decision makers must remain focused on the standards governing variances and upon the testimony as it relates to those standards. 4. Variances require a public hearing to be held by the Planning Commission, which recommends approval or denial to the City Council. A notice is place in the Sun Focus 10 days in advance of the hearing and notices are sent to property owners within 350 feet of the subject property. Planner Smith then reviewed some of the State law requirements regarding variance requests: . Variances may be granted from the Zoning Ordinance if enforcement would cause undue hardship to the property owner. . "Undue hardship" means: PLANNING & ZONING COMMISSION MINUTES PAGE 2 MAY 3, 2005 1. The property in question cannot be put to a reasonable use ifused under conditions allowed by the zoning ordinance. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality, and 4. The Economic considerations alone will not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. · The applicant has a heavier burden to establish the need for a variance than a conditional use permit because a variance allows something that is otherwise prohibited by the ordinance. · Variances from the Ordinance are possible for structures only and cannot be granted for a use, which is not permitted in the applicable zoning district. · Like CUP's, variances are attached to the property and not the applicant. It remains in effect as long as the conditions are met. · Broad discretion is permitted when denying a request for a variance, but there must be legally sufficient reasons for the denial. · An applicant cannot rely on similar variances granted more than a year before. Schmitt questioned a statement in the Handbook that said members should avoid contact with a party who is requesting a variance. Smith explained it is better to seek information through staff than to have direct contact with the individual requesting the variance. He said it is important to stay neutral in such situations, and not be influenced by the applicant prior to the meeting. Smith was asked once a variance is granted, how long do they have to act on it. Smith responded that the applicants have one year to act on the variance or it becomes null and void. And since a variance is on the property, not the owner, if the property is sold, the new owners would have any remaining time to act on it. Non-Conformities-Chapter 5 ofthe Zoning Ordinance regulates non-conformities. Non- conformities occur when new zoning text or map amendments are adopted and existing uses, structures or lots do not meet the new regulations. This results in legal non-conforming uses, structures and lots. Non Conforming Uses-An example of a non-conforming use is if the City amended the zoning test in CBD zoning district and prohibited automotive repair uses. Any existing automotive repair businesses would be considered a legal non-conforming use. Another example is if the City amended the zoning map and changed all R-2 (single and double-family) areas to R-1 (single family). Existing duplexes would be considered legal non-conforming uses. PLANNING & ZONING COMMISSION MINUTES PAGE 3 MAY 3, 2005 Non-Conforming Lots-An example of a non-conforming lot is if the City changed the minimum lot size requirement for the R-1 zoning district from 8,400 sq ft to 10,000 sq ft. Any lot less than 10,000 sq. ft in the R-l zoning district would be a legal non-conforming lot. Non-conforming structures-An example of a non-conforming structure is if the City changed the minimum front yard setback in the R-1 from 25 feet to 30 feet. Every residence that had a front yard setback less than 30 feet would be considered a legal non-conforming structure. Non-Conforming Site Improvements- The City of Burien required a non-conforming site improvement (including landscaping, parking, signs, design features, and impervious surface coverage) to be brought into conformance with the Zoning Ordinance whenever a business expanded. Columbia Heights does not have such a provision. This provision is usually used for commercially zoned properties. City Regulations-Legal non-conforming uses and structures may be continued as they existed when they became non-conforming. Non-conforming uses may not expand in size or intensity, and if the use reduces in size, intensity or becomes more conforming in any way, it may not again be expanded or become less conforming. Minor repairs and maintenance are permitted for non-conforming uses and structures. State Law-The City's Zoning Ordinance requires non-conforming uses to become conforming if the use has been discontinued for six months, and con-conforming uses and structures to become conforming if they are damaged or destroyed more than 50% of the assessed value. State Law was recently passed that supercedes the City's Zoning Ordinance. Instead of requiring non-conforming uses to be brought into conformance after six months of vacancy, State Law extended that period for a year. Moreover, if a structure is destroyed by more than 50%, State law gives the property owner six months to apply for a building permit to reconstruct the non- conforming use or structure. Amortization-is when a municipality specifies a certain date in which non-conforming uses or structures must come into compliance with the Zoning Ordinance. He gave examples of other cities who have done this. A new state law prohibits municipalities to establish or enforce the amortization of non-conforming uses, except adult-only businesses. Bulk Requirements-This usually relates to the height and bulk requirements for structures on properties. Smith gave examples of requirements other cities have in their Zoning Ordinances that are not addressed in ours. We have no height requirements of buildings in our CBD District- we have no maximum amount of impervious surface allowed, nor do we have any requirements for the amount of green space for properties. There also is no minimum lot size required in the CBD District. And front yard setbacks vary from district to district. He feels these are all items that need to be addressed when the Zoning Ordinance is updated as they allow for inconsistent development throughout the City. PLANNING & ZONING COMMISSION MINUTES PAGE 4 MAY 3, 2005 Subdivision Re2ulations- The regulations for the division ofland and provision of public improvements (storm sewer, water, electricity) are established in the subdivision ordinance. This ordinance establishes minimum standards for lot and street design, storm water drainage, park dedication, required improvements and other similar items. The regulations of subdivisions, as with all of planning, are based on the police power of cities to protect the public health, safety, and welfare. Preliminary Plat-Preliminary and Final Plats are required for all major residential and commercial subdivisions. A preliminary plat is a detailed set of maps, showing: lot and street layout, connection to utilities, location of natural features and topography, and the location of nearby parks and recreational facilities. The preliminary plat is reviewed by the Planning Commission for evaluation of its compliance with subdivisions regulations. The Planning Commission makes the final decision on building and site plane reviews. Public hearings are not required. Staff has 15 days to review the documents to see if they are complete. Once all the information is received, the Commission has 120 days in which to review and act on the Plat. The Commission certifies that development proposals meet the standard of the zoning district such as parking, traffic, landscaping, architecture, and building materials, pedestrian pathways, etc. In addition, the commission reviews any impacts the developments may have on topographical features and adjacent properties. The City's Design Guidelines allows considerable discretion to be exercised by the Planning Commission. Section 9.413 of the Zoning Ordinance lists four findings that the Planning Commission must make in order to approve a building and site plan: I. The site plan conforms to all applicable requirements of this Ordinance. 2. The site plan is consistent with the applicable provisions of the City's Comp Plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right of way. Thompson asked about how subdivision covenants affect decisions made by the Planning & Zoning Commission. Smith told the members that this month's Planning Journal had an article regarding homeowner's associations and their regulations versus City Zoning Ordinances. Since a large percentage of homes being built are now under some type of association, this has become an issue to be aware of. However, most the association regulations are usually equal to or greater than those of the City. OTHER BUSINESS Planner Smith gave a Planning Update to the members. He reported that Ryland Homes, a National Development Co. has signed a development agreement with Shaffer-Richardson to develop 75% of the Industrial area into Townhouses. Shaffer-Richardson will develop the remainder of the site. They hope to bring in the Preliminary and Final Plats and the Building and Site Plan Reviews for the June meeting. PLANNING & ZONING COMMISSION MINUTES PAGE 5 MAY 3, 2005 Smith told members about the Model Unit now open at Grand Central Lofts. He said the 2nd phase for Grand Central Lofts will be brought to the Commission at the June meeting also. Advanced Auto Products will be submitting a Building and Site Plan Review to the June meeting for their new building at the Mr. Steak site. A Downtown Planning meeting will be held for business owners on Monday, May 16, 2005 at II :30 am at the Library. Any members who wish to attend should contact our office to confirm. A second meeting will be held for all residents on May 19th at 6:30 pm at the Library. The goal is to get ideas of what people like and dislike about the downtown area in writing, so as developers come forward, there is some concrete ideas to work with. Once the plan is established, it will be brought before the Planning and Zoning Commission. And the last thing Smith shared with the Commission was his resignation to take a new position with the City of Richfield as their Community Development Manager. He is excited to take on the challenge of this new position as Richfield is undergoing a lot ofre-development similar to Columbia Heights. He begins his new position the middle of May. The Commission members wished him well in his new endeavor. Motion by Peterson, second by Fiorendino, to adjourn the meeting at 8:30 pm. Respectfully submitted, i~ ~a I Oj~ (\~(1v~0--0 Shelley ~~ Secretary