Loading...
HomeMy WebLinkAboutMay 26, 2009PLANNING COMMISSION MINUTES • TUESDAY, MAY 26, 2009 1. Call to Order: Chairman Ringstad called the May 26, 2009 Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Fleming, Perez, Billington, Howley and Ringstad, Community Development/ Natural Resources Director Danette Parr, and Community Development Assistant Michelle Czycalla. 2. Approval of Minutes: The Minutes from the April 27, 2009, Planning Commission meeting were approved as presented. 3. Public Hearings: A. Consider amendments to the City Zoning and Subdivision Ordinances in Sections 1101, 1108, 1102, 1109 and 1006. Community Development/Natural Resources Director Danette Parr presented the Planning Report dated May 26, 2009, on file in the office of the Community Development/Natural Resources Department. The amendments proposed are for the following sections: Amendments related to the establishments of Interim Uses: • Section l 101 -General Provisions to the Zoning Code • Section 1108 -Conditional Use Permits, Variances, and Amendments of the Zoning Code An amendment proposing that shopping center uses with a gross floor area greater than 150,000 square feet will require a conditional use permit: • Section 1102 -Use District Regulations of the Zoning Code Amendments relating to the process of Appeals to District Court: • Section 1109 -Administrative Procedures of the Zoning Code • Section 1006 -Administration and Enforcement of the Subdivision Code Parr reviewed the sections as follows: Interim Uses -Section 1.101.400 and 1108.1000 Parr explained the term "interim use" and highlighted it is temporary in nature. Parr added if this amendment were adopted by the Council it wo>rild follow a similar process to that of a conditional use permit. Parr described that prior to submitting an interim use permit application the applicant will need to submit an application to amend the Zoning Ordinance to add the use as a permitted interim use within the specified district. Parr stated that the interim use permit process gives the City an opportunity to determine if the interim use will have a negative affect on the adjacent community and what additional conditions should be included to limit the use further. Shopping Center Uses - Secfion 1102 Parr explained that the Council had expressed a desire to allow more oversight on larger scale shopping centers. Parr stated that this situation does not currently affect the City, but it could in the future. Appeals to District Court -Section 1106 and 1109 C:\Documents and Settings\mczycalla\Local Settings\Temporary Internet Files\OLKE35\MN052609.doc Planning Commission Meeting May 26, 2009 Parr stated that this subject is outlined in the State Statute, however it is not something that is currently include in Prior Lake's City Code. Parr added that with the City's intent to have the Code be user friendly, the City may want to add these subsections to the Code. Questions from the Commissioners Ringstad asked that Parr give an example of an interim use. Parr responded with the example of a potential alternative learning center at Northgate Center. Billington asked what other jurisdictions have allowed for time limits on interim uses. Parr responded that it depends on the user. Parr stated that if this goes forward the City will provide details on the types of uses and the time frames they have been granted. Billington inquired about adjusting the hlterim Use Ordinance, as permitted by State Statute. Parr explained that the City is working with the assistance of the City Attorney. Parr added the City can make the Ordinance more stringent than State Statute, however not less stringent. Perez clarified that schools are not a permitted used in commercial districts and questioned how Parr's example of the alternative learning center would work. Parr explained that if the School District wants to proceed they would have to amend the Zoning Ordinance to make it a permitted interim use, and then the interim use permit application would be considered for the specifics of the site. Howley asked if interim use permits should be added to the title of Section 1108. Parr responded she will consult the City Attorney. Howley added if interim use permits is added to the title of Section 1108 it should also be added to the heading in Subsection 1108.100. Howley suggested that subsection 1108.1000 (f) read "must be reviewed annually". Parr stated that staff will consider annual review of interim use permits if the Commissioners think it would be appropriate. Howley added that reviewing these permits amiually redefines the intent of the term interim. Howley questioned if there is a process the City follows to notify a user of a permit violation. Parr responded it is the City's intent to work with the individual to correct such violations. Parr stated that the language was included for cases in which a violation gets out of hand. Parr added that the City would like the right to bring such cases before the Planning Commission to see if the permit should be revoked. MOTION BY HOWLEY, SECONDED BY PEREZ TO OPEN THE PUBLIC HEARING. Vote taken indicated ayes by all. The motion carried and the public hearing opened at 6:19 p.m. Commissioner Ringstad read the public Hearing Statement and opened the meeting. There were no comments from the public. MOTIONED BY FLEMING, SECOND BY BILLINGTON TO CLOSE THE PUBLIC HEARING. Vote taken indicated ayes by all. The motion carried and the public hearing closed at 6:20 p.m. Comments from the Commissioners Fleming commented that he worries about removing any leeway that the Commission might have. Fleming added that he agrees with Commissioner Howley's comments and will support the proposed amendments. • Perez agreed with Commissioners Fleming and Howley's comments and added he agrees the City should review interim use permits annually. Perez agrees with staff findings and will support these amendments. C:\Documents and Settings\mczycalla\Local Settings\Temporary Internet Files\OI,KBS\MN052609.doc 2 Planning Commission Meeting May 26, 2009 Billington commented he thinks this is well drafted and will support the amendments. Howley stated he will be in support of the amendments so long as the City Attorney reviews the heading language of section 1108 and subsection 1108.100. Ringstad agreed with the Commissioners comments and added he supports the annual review process of interim use permits. MOTION BY PEREZ, SECOND BY FLEMING TO RECOMMEND APPROVAL OF AMENDMENTS RELATED TO THE ESTABLISHMENT OF INTERIM USES: SECTION 1 101 AND SECTION 1108 OF THE ZONING CODE. Vote taken indicated ayes by all. MOTION CARRIED MOTION BY PEREZ, SECOND BY BILLINGTON TO RECOMMEND APPROVAL OF AN AMENDMENT PROPOSING THAT SHOPPING CENTER USES WITH A GROSS FLOOR AREA GREATER THAN 150,000 SQUARE FEET REQUIRE A CONDITIONAL USE PERMIT: SECTION 1102 OF THE ZONING CODE. Vote taken indicated ayes by all. MOTION CARRIED MOTION BY PEREZ, SECOND BY BILLINGTON TO RECOMMEND APPROVAL OF AMENDMENTS RELATED TO THE PROCESS OF APPEALS TO THE DISTRIC COURT: SECTION 1109 OF THE ZONING CODE AND SECTION 1006 OF THE SUBDIVISION CODE. Vote taken indicated ayes by all. MOTION CARRIED 4. Old Business: None 5. New Business: None 6. Announcements and Correspondence: Parr highlighted topics that will likely appear at future Planning Commission meetings: • The SMSC has submitted an application for a street name change for Oakes Lane. • A rezoning application for the EFH Realty Advisors redevelopment site will be presented at the June 8`h meeting • The City has received a conditional use permit application and a plat application that will be presented at a future meeting 7. Adjournment: The meeting adjourned at 6:26 p.m. Michelle Czycalla Community Development Assistant • C:ADocu~nents and Settings\mczycalla\Local Settings\Temporary Internet Files\OLKF35\MN052609.doc