Loading...
HomeMy WebLinkAboutMarch 1, 2005 PLANNING & ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 1, 2005 7:00 PM The meeting was called to order at 7:00 pm. By Chair Szurek. Roll Call: Present: Schmitt, Szurek, & Fiorendino New Member: Mike Peterson was introduced Resignation: Phil Baker submitted his resignation effective February 18,2005. Also present were Pat Smith (City Planner), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). A motion was made by Schmitt, seconded by Fiorendino, to approve the minutes from February 1,2005 as written. All Ayes. MOTION PASSED. PUBLIC HEARINGS None NEW BUSINESS Planner Smith held a training session on the Zoning Ordinance, Conditional Use Permits and Rezonings. He gave a briefreview of the duties and responsibilities of the commission that were covered at the February meeting. The members then discussed some of the things they would like to see added to the agendas which explain this to the General Public. They decided that the wording should be kept simple and to the point as much as possible. Some of the ideas to include were: *Neutral Board that interprets the Ordinance and serves as an Advisory Board to the City Council. *Serves the Public Interest. *Recognize rights of citizens to participate in planning decisions. *Pay attention to how decisions affect long range planning. *Protect integrity of natural environment and the heritage of the built environment. *Exercise good judgment. * Abstain from participation ifthere is a personal interest. *Decisions are based on Comprehensive Plan & Zoning Ordinance, not on personal views. He then went on to cover the new items being discussed. PLANNING & ZONING COMMISSION MINUTES PAGE 2 MARCH 1,2005 Zoning Ordinance The Zoning Ordinance regulates the use of the land. The text of the Ordinance contains the regulations, and the map shows the location of the land use zones or districts within the city. Municipalities are granted the power to adopt zoning regulations by State Statute. The purpose of the Ordinance is to: --Protect the public health, safety, morals, aesthetics, comfort, convenience and general welfare of the community and its people. --Implement the goals and policies included in the City's Comprehensive Plan. --Divide the City into districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land. --Protect the stability and character of residential, commercial, industrial and public areas of the City and promote the orderly development of those areas. --Provide and protect adequate light, air, privacy, and convenience of access to property. --Provide a safe and efficient traffic circulation system for all modes of transportation and limit congestion in the public right of way. --Prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of building in relation to the land and buildings surrounding them. --Provide for the capability of different land uses and the most appropriate use of land throughout the city. --Provide for the effective administration of this Ordinance, including powers and duties of officers and bodies, procedures and standards for land use approvals, and procedures for enforcement. --Establish a continuing system of review of this Ordinance to ensure it will be amended to meet the changing needs of the City. Planner Smith explained the three types of uses for each Zoning District. Permitted uses that are allowed or listed in the Zoning Ordinance. Accessory uses that would be in addition to the principal use. And Conditional uses that mayor may not be permitted depending on the proposed use and its surroundings. Conditional Use Permits Conditional or Special use Permits (CUP's) allow uses that normally would not be permitted in a specific zoning district if certain conditions or standards listed in the Zoning Ordinance are met. The conditions are designed to ensure the use will not adversely affect nearby, existing uses. When the City acts on an application for a conditional use permit, a temporary use permit, site plan or variance, the City acts in its quasi-judicial capacity. Rather than making policy, the City applies already existing policy to a particular set of facts. The City's decision will be upheld if it is made on both a legal and factual basis. He explained that the city has more authority or PLANNING & ZONING COMMISSION MINUTES PAGE 3 MARCH I, 2005 discretion when preparing the Zoning Ordinance and the Comprehensive Plan and less power when it comes to Plan Review, Conditional Use Permits, Variances, and Subdivisions and Plats whereby the policies are already established and must be implemented. If an application meets the standards listed in the Zoning Ordinance, it generally must be approved. The courts will scrutinize the denial of a CUP more closely than the denial of a rezoning or a variance because a CUP is permitted by the Ordinance, and the issue is simply whether the standards have been met. A conditional use permit is attached to the property and not the applicant. If a property is sold, the conditional use remains in effect as long as the conditions are met. The Planning Commission reviews the application and makes a recommendation to the City Council for approval or denial of a CUP. A Public Hearing is held by the Planning Commission after proper notice has been given. The Zoning Ordinance lists nine criteria that must be met in order for the City to approve a Conditional Use Permit. Rezonings and Zoning Amendments- Rezonings are amendments or changes to the Zoning Ordinance. Rezoning is the change of a zoning classification on the official zoning map. Zoning amendments are changes to the text of the Zoning Ordinance. Rezonings and amendments are legislative acts that cannot be delegated to administrative officials. The City's zoning decision will only be set aside when the decision is unsupported by any rational basis. Again, the Planning Commission holds a public hearing once proper notification has been given and then gives the City Council its recommendation. Rezonings can be denied ifit violates the Comprehensive Plan. Not every zoning which is consistent with the Comp Plan must be approved. If the existing zoning is also consistent with the plan, a rezoning may be denied. Even ifthe existing zoning is not consistent with the plan, the City can deny if there are rational reasons for the denial. When considering a rezoning request, the City Council should be wary of rezoning for a specific use. They must consider the potential impact of the zoning requested, not the particular situation that requires it. Planner Smith stated that spot zoning is something to be careful of also. It can be overturned if it creates a small island of non-conforming use within a larger zoned district and dramatically reduces the value of either the rezoned land or the surrounding uses. It usually gives beneficial treatment to one property versus others in the area, so must be done based on good reason. PLANNING & ZONING COMMISSION MINUTES PAGE 4 MARCH 1, 2005 OTHER BUSINESS Planner Smith included two articles from the Planning Commissioners Journal in the agenda packets. The first was titled "The Impact of an Aging Population Qn Planning". One out of every 5 persons will be a senior citizen by the year 2030. And cities should be considering housing, land use and transportation needs in their planning strategies to meet these changes in the age of the overall population. And the second was "Why Downtowns Should Matter to Planning Commissioners". This article discussed how important downtowns are to cities and their identities. Smith informed the Commission that a six month Moratorium prohibiting Motor Vehicle Sales along Central Avenue was passed by the City Council at their meeting of February 28,2005, as recommended by the Commission. During this time, the Commission will need to make an amendment to the Zoning Ordinance if they wish to prohibit this type of business from being allowed in this zoning area. He also informed them that there is a purchase agreement on the Mr. Steak property on 46th and Central. He stated the intended use is for another restaurant. Smith told the members that the old Honeywell Building on 39th Avenue has been demolished. He also stated that Ryland Inc and Shafer Richardson have not yet signed an agreement so no plans have been submitted to date. Schmitt asked whether the Industrial buildings that are left in the area could be required to install fencing or screening of some type as they will be an eyesore to the new residences going in the area. Smith explained that our Zoning Ordinance currently lacks the language that gives the City authority to require this. It is something he would suggest we change when the Zoning Ordinance is amended. Motion by Peterson, second by Schmitt, to adjourn the meeting at 7:55 pm. Respectfully submitted, d }~;ya\avWOY\ Shelley HansonCJ Secretary