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.
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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
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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.
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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,
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Shelley HansonCJ
Secretary