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HomeMy Public PortalAbout09-08-2015 POSTED IN CITY HALL September 4, 2015 PLANNING COMMISSION AGENDA TUESDAY, SEPTEMBER 8, 2015 7:00 P.M. CITY HALL (2052 County Road 24) 1. Call to Order 2. Public Comments on items not on the agenda 3. Update from City Council proceedings 4. Planning Department Report 5. Approval of August 11, 2015 Draft Planning Commission minutes. 6. Public Hearing – 3 Rivers Church – 52 Hamel Road – Conditional Use Permit 7. Wealshire of Medina – PID 03-118-23-24-0003 – Rezoning, Site Plan Review, Interim Use Permit 8. Update on Comprehensive Plan Update Process/Schedule 9. Council Meeting Schedule 10. Adjourn Planning Department Update Page 1 of 2 September 1, 2015 City Council Meeting MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 27, 2015 SUBJ: Planning Department Updates September 1, 2015 City Council Meeting Land Use Application Review A) Stonegate Conservation Design Subdivision – west of Deerhill, East of Homestead. The applicant has requested PUD General Plan and Preliminary Plat approval for a conservation design subdivision of 42 lots on 170 gross acres. The Planning Commission held a public hearing on the matter at the July 14 meeting and found that the proposed conservation design subdivision does not fully meet the objectives of the CD-district. As a result, the Commission recommended denial. The Park Commission reviewed on July 15. The City Council reviewed on August 5 and asked for a number of changes and reviewed an updated site plan on August 18. Following review, the Council directed staff to prepare documents of approval, providing the applicant updates the plat and plans as directed by September 1. If the applicant provides these updates, the documents will be presented at the September 15 meeting. B) Buehler Plat – Robert Buehler has requested approval of a plat to separate 2782 Willow Drive from an adjacent property. The parcels were a single lot and a previous owner sold portions of the lot to two separate buyers. The applicant seeks to subdivide the property to create a buildable lot, and the other portion of the property would be platted as an outlot. Planning Commission held a hearing at the August 11 meeting and split 3-3 on the recommendation. Staff intends to present to the Council at the September 1 meeting. C) Etzel Setback Variance – 2942 Lakeshore Ave. – Brian Etzel has requested a variance to reduce the setback from Balsam Street from 30 feet to 12 feet for expansion of an existing deck. The proposed expansion is proposed to be setback the same distance as the existing deck, continuing the same building line. The Planning Commission reviewed at the August 11 meeting and recommended approval. Staff intends to present to the Council at the September 1 meeting. D) 3 Rivers Church CUP – 3 Rivers Church has requested a conditional use permit to operate within the existing office building at 52 Hamel Road. A public hearing is scheduled for the September 8 Planning Commission meeting. E) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review – Wealshire, LLC has requested a site plan review for construction of a 173,000 sf memory care facility. The request also includes a rezoning from RR-UR to Business Park and an Interim Use Permit to permit continued agricultural use of the portion of the property not proposed to be developed. The Met Council has also approved of the previous Comp Plan amendment. The Planning Commission meeting reviewed the rezoning, site plan review and interim use permit at the February 10 meeting and unanimously recommended approval. The City Council reviewed at the May 19 meeting and directed staff to prepare approval documents. The applicant has subsequently changed their proposed site plan. Staff is conducting a preliminary review to determine if it is appropriate to present the changes to the Planning Commission. F) St. Peter and Paul Cemetery and Hamel Place –The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. G) Woods of Medina, Capital Knoll– these preliminary plats have been approved and staff is awaiting a final plat application Planning Department Update Page 2 of 2 September 1, 2015 City Council Meeting H) Hamel Haven subdivisions, Wakefield Valley Farm – These subdivisions have all received final approval. Staff is working with the applicants on the conditions of approval before construction begins. I) Goddard School Site Plan Review – PJ Norman LLC has requested Site Plan Review approval to construct a new building to house a Goddard School at 345 Clydesdale Trail (next to Caribou Coffee). The City Council approved the project on July 21 and staff is working with the applicant on the conditions of approval before construction. J) Wright-Hennepin Solar Panels – WH has requested a conditional use permit for the installation of a solar garden approximately an acre in area at their substation on Willow Drive, south of Highway 55. The Council adopted a resolution of approval at the June 16 meeting. Staff will work with the applicant to meet the conditions of approval before construction. Other Projects A) Deck Upland Buffer Setbacks – a resident of the Enclave development has requested that the City reconsider the requirement that decks be set back 15 feet from Upland Buffers. The setback limits the size of decks on a number of the lots in the Enclave development. Staff presented the ordinance at the July Planning Commission meeting. The Commission was concerned of the unintended consequences of reducing the required setback and recommended denial. Following the Planning Commission review, the interested parties requested that the Commission consider a 10 foot setback. The Planning Commission recommended denial 5-1 on August 11. Staff presented to the Council on August 18 and the Council requested additional information. Staff intends to present the information at the September 1 meeting. B) Commercial connection fees – Planning staff provided information to Finance related to historical commercial connection fees and projections in the future. The Council discussed at the August 18 worksession and directed staff to prepare an amendment for review which would provide some credit for small businesses moving into existing buildings. Staff intends to present this information at the September 1 meeting. C) Watershed Dues Analysis – Planning staff prepared figures for the City Council’s review at the August 18 special session related to establishing different stormwater utility fees for each watershed district so that residents of Elm Creek and Pioneer-Sarah Creek can pay the cost. The City Council requested additional information, which staff intends to prepare for the September 15 worksession. D) Cable Buildout Discussion – Planning staff has continued to assist with negotiations related to Mediacom’s expansion in the City. E) Park at Fields of Medina Grand Opening – some Planning staff assisted with and attended the Grand Opening which was very well attended. 1 CITY OF MEDINA 1 PLANNING COMMISSION 2 DRAFT Meeting Minutes 3 Tuesday August 11, 2015 4 5 1. Call to Order: Acting Chairperson Reid called the meeting to order at 7:00 p.m. 6 7 Present: Planning Commissioners Todd Albers, Randy Foote, Kim Murrin, Victoria Reid, 8 Janet White, and Kent Williams. 9 10 Absent: Planning Commissioner Charles Nolan. 11 12 Also Present: City Planner Dusty Finke 13 14 2. Public Comments on Items not on the Agenda 15 16 No comments made. 17 18 3. Update from City Council Proceedings 19 20 City Councilmember Anderson provided an update on the recent activity of the Council. He 21 stated that at the Council meeting the previous week the Council had a lengthy discussion 22 regarding the Stonegate request and voted unanimously to direct staff to prepare both a 23 resolution of denial and a resolution of approval that would be contingent upon the applicant 24 providing a revised plan that incorporates the comments made by the Planning Commission 25 and City Council. He hoped that the applicant would bring back a revised plan. 26 Williams asked if the resolutions worked in tandem or whether they would be mutually 27 exclusive. 28 29 Anderson explained that the Council would only adopt one resolution and that would depend 30 upon the action of the applicant. He stated that if the applicant does not revise their plan, the 31 Council would adopt the resolution denying the request. He stated that the resolutions would 32 come before the Council for consideration at their next meeting. 33 34 Williams asked if the applicant were to provide a revised plan, would the Planning 35 Commission also review that plan before the Council. 36 37 Finke stated that there is not enough time within the review period and therefore the Council 38 alone would review any new submissions from the applicant. 39 40 Williams asked if the resolution of approval would address the issue of density. 41 42 Finke stated that a reduction of density was one of the items the applicant was to consider. 43 He stated that staff did receive a revised plan from the applicant today, which appears to have 44 increased the conservation area to 36 percent of the buildable area, which is approximately 45 another seven to eight acres; reduced the number of lots by two, removing one home lot and 46 the pool lot; and increasing the amount of trails. He stated that the question will now be did 47 the applicant go far enough. 48 49 Anderson reported that the Council also considered a preliminary approval of a draft 50 ordinance regarding solar panels in the rural residential zoning districts, noting that staff is 51 2 now preparing a final draft of the ordinance; and the Council also approved the Town Line 52 Road improvement project. 53 54 Murrin referenced the solar ordinance and questioned if the Council suggested any changes 55 from what had been recommended by the Planning Commission. 56 57 Anderson stated that he did not believe any significant changes were suggested from what 58 had been recommended by the Planning Commission. 59 60 4. Planning Department Report 61 62 Finke provided an update. 63 64 5. Approval of the July 14, 2015 Draft Planning Commission Meeting Minutes. 65 66 Motion by Williams, seconded by White, to approve the July 14, 2015, Planning 67 Commission minutes with the noted corrections. Motion carries unanimously. (Absent: 68 Nolan) 69 70 6. Robert Buehler – Preliminary Plat and Variance to Divide a Single Lot into 71 a Lot and an Outlot 72 73 Finke stated that this request requires two action items, a Preliminary Plat to subdivide the 74 parcel and a variance request related to the minimum lot size. He stated that the subdivision 75 would create one buildable lot and one outlot. He stated that the variance is to reduce the 76 minimum lot size requirements for the proposed lot. He noted that the subject property is 77 actually a single parcel that encompasses the triangle and rectangular portions. He explained 78 that originally there were two tax identifications issued for the parcel, one for the triangle and 79 one for the rectangle, because the parcel lies within two taxing districts. He stated that it is 80 not uncommon that a single parcel be issued two tax identification numbers for this reason. 81 He stated that a previous owner then conveyed portions of the property to two different 82 parties, which should not have been allowed as the single property is now under ownership of 83 two parties. He stated that there was a home on the western portion of the property, which 84 was demolished by the current owner and the applicant, with the intent of building a new 85 home on the property. He stated that the property is zoned rural residential and displayed an 86 aerial photograph of the property. He stated that the proposed split would be along the taxing 87 line with the triangle portion to be used to construct a home, if the variance is approved, and 88 the rectangular portion would become an outlot. He explained that the property owner to the 89 south also owns the rectangle portion of this property. 90 91 Murrin questioned how the sale of one parcel was processed to two buyers through the 92 County. 93 94 Finke stated that deeds were provided on each portion of the lot. He explained that the 95 proposed triangle lot would be over four acres in size, which would contain 3.5 acres of 96 contiguous suitable soils, noting that the rural residential district requires five acres of 97 contiguous suitable soils, which is why the variance is requested. He stated that 98 approximately one acre of the suitable soils lie within a driveway easement. He stated that if 99 the request moves forward, staff recommends a condition that would require the applicant to 100 address that issue and move the easement to the shared driveway rather than its current 101 location. 102 103 Reid questioned who the existing unused easement is actually for. 104 3 Finke stated that the easement is for numerous properties to the east. 105 106 Williams asked if the purpose of that easement is to provide access to Willow Drive. 107 108 Finke confirmed that the purpose of the easement is to provide access to Willow Drive to the 109 properties to the east. 110 111 Williams questioned how those properties receive access currently. 112 113 Finke stated that those properties use the existing driveway. He stated that staff has had 114 numerous conversations with the applicant as they bought the property with the home on it 115 and believed that after the home was demolished they would be able to construct a home in 116 its place. He stated that this information came to light after the home was demolished. 117 118 Williams asked when the applicant purchased the property. 119 120 Robert Buehler stated that they closed on the property in February of 2011 from a bank, as 121 the property was in foreclosure. 122 123 Finke stated that the property was owned by multiple parties after the “subdivision” was 124 done. He explained that the variance would have to be considered first because if the 125 variance is not received the Preliminary Plat could not be approved. He stated that if the 126 Commission finds the criteria for the variance to be met, a recommendation of approval 127 would be in order and staff has included potential conditions for approval in the staff report. 128 129 White questioned if there are any other lots in a similar situation, as this could set precedent. 130 131 Finke clarified similar properties to mean properties in which portions have been conveyed 132 rather than subdivided and the home demolished with the intent to build a new home. He 133 stated that he was not aware of any other properties of that nature and noted that each 134 variance request would stand on its own merit. 135 136 White asked if there were any other lot size variances in the rural residential zoning district. 137 138 Finke stated that there were some variances issued when the five-acre minimum was enacted, 139 but noted that there have not been any recent variances issued for that purpose. 140 141 Foote questioned when the minimum lot size was changed. 142 143 Finke stated that in 1999 the change was enacted which required all rural residential lots to 144 have five acres of contiguous suitable soils, and noted that previous to that there were 145 different soil groupings allowed. 146 147 Murrin received confirmation that the house that previously existing on the site predated the 148 1984 conveyance and therefore met the requirements of the district. She asked if the 149 applicant was aware that there would be an issue rebuilding a home. 150 151 Finke stated that there were conversations when the applicant received a demolition permit 152 and noted that City staff was not aware that there would be any issue rebuilding at that time 153 and therefore the applicant was not made aware that there would be any issue rebuilding a 154 home on the lot. 155 156 4 Robert Buehler, the applicant, stated that they purchased the property in early 2011 and 157 during 2011 worked with staff for demolition permits and building permits. He stated that 158 they were under the impression, as was City staff, that there would be no issues with that. He 159 stated that for reasons not related to this application they did not move forward at that time. 160 He stated that in late 2012 they discovered that the property was not properly subdivided and 161 in 2013 and 2014 worked with the neighboring parcel owner to gain their signature on the 162 application. He stated that the application was then submitted this spring to get to this point. 163 He stated that their desire is to get the property properly subdivided, as they believed it to 164 have been when they purchased it. 165 166 Murrin asked when the home was demolished. 167 168 Buehler stated that the home was demolished in 2011. 169 170 Murrin asked how the property owner was made aware of the improper division of the 171 property. 172 173 Buehler stated that they were made aware of the issue by a real estate representative of the 174 other property owner in late 2012. 175 176 Finke agreed that the issue became known through a property appraisal that was done by the 177 owner of the outlot. 178 179 Reid stated that the staff report provides the possibility of attempting to purchase additional 180 land that would then make the variance not needed and asked if the applicant had considered 181 that option. 182 183 Buehler stated that there was a property to the south of the triangle that offered to sell 184 additional land, but noted that option was not economically viable and therefore they would 185 proceed with this approach rather than purchasing additional land that they do not need. 186 187 Williams stated that it appears that there are two septic systems shown near the wetlands. 188 189 Buehler stated that he believed there to only be two delineated wetlands and noted that the 190 septic is next to where the original house had been placed and the soil testing had been done 191 to validate that could be a viable septic site. 192 193 Finke stated that is not a wetland near the septic sites, noting that the wetland is on the 194 southeast corner of the property. 195 196 Reid opened the public hearing at 7:43 p.m. 197 198 Kristen Chapman, 1910 Iroquois Drive, stated that she was doing research recently and noted 199 that in 1998, there was a property similar to this that requested to subdivide the property and 200 one of those lots would be nonconforming. She stated that the City did approve that under a 201 hardship clause. 202 203 Reid stated that the law around variances has changed since that time. 204 205 Steve Scherer, 2622 Willow Drive, stated that his brother and sister are also in attendance 206 representing his parent’s property at 2672 Willow Drive. He stated that they came before the 207 City in 2008 to discuss splitting the Scherer farm into two lots as the property had been 208 assessed for two lots through the road project. He stated this is a planned estate from his 209 5 parents and his family has owned the property since the turn of the 19th century. He stated 210 that in 1983 or 1984 he split off 5.2 acres from his dad’s property and in the 1990’s, prior to 211 1999 he purchased additional property from his parents, but still leaving enough for the 212 remaining property of his parents to be split into two lots. He stated that his concern is that 213 they came to the City and because of the rule change, they were short of the contiguous soils 214 requirement by ¾ of an acre, which did not take into account the road right-of-way. He 215 stated that this case has considerably less area and believed there to be a hardship in both 216 cases. He stated that the estate planning in his case had been done with the intent of creating 217 two lots and the property was assessed for the road project as two lots. He stated that his 218 mother is in a nursing home and they would like to be able to sell his parents property as two 219 lots to maximize the sale. He believed that there were similar hardships in both cases. He 220 noted that the original home on the applicant’s lot was 800 square feet and was more of a 221 cabin than a home. He stated that they did offer to sell a parcel of property to the applicant 222 which would make the applicant’s lot conforming and would also leave his family with a 223 parcel of suitable size to be sold. He stated that the applicant responded that he was not 224 interested although this would solve the problem for both cases. He stated that they are 225 attempting to play by the rules and believed that this would set a precedent. 226 227 Dale Considine, 2265 Chestnut Road, identified her property on the aerial photograph. She 228 asked for additional information on the outlot and whether it is owned by the applicant or 229 another party. 230 231 Reid stated that the outlot is currently owned by another party, but the two parcels are one lot. 232 The proposal would be to split the lots, but the variance would be needed. 233 234 Considine asked if the outlot is a buildable lot as she believed it to be only wetland. 235 236 Reid confirmed that the outlot would not be buildable. 237 238 Murrin confirmed the location of the Scherer property and that the Scherers offered to sell a 239 portion of their property to the applicant. She questioned if the applicant’s lot would then be 240 conforming if they were to purchase that parcel. 241 242 Finke stated that the land would need to be surveyed just to verify, but it appears that the 243 property could then be contiguous and therefore conforming. 244 245 Murrin questioned what the current owner is using the wetland as. 246 247 Finke stated that it is just open land and wetland. He stated that the upland portion of the 248 outlot is mostly occupied by driveway easements. 249 250 Murrin questioned how the parcel was originally conveyed, whether the land was given to 251 family members or sold. 252 253 Finke stated that the land was sold. 254 255 Buehler stated that while one viable solution would be to add some additional property the 256 offered price to them was equal to what they had paid for the entire original parcel they have 257 which did not seem to make sense financially. He stated that when they purchased the 258 property they believed it to be subdivided and buildable, as the City did. 259 Foote questioned where the original house had been and questioned if the intent would be to 260 build a similar size home or larger home. 261 262 6 Buehler stated that he believed the home would be about twice the size of the original home 263 that had been on the lot. He stated that he was unsure of the size of the original home, 264 although it had been mentioned that the home was 800 square feet. He stated that they would 265 be mindful of the appearance of the home to ensure that it would be appropriate with the 266 neighboring homes. 267 268 Reid closed the public hearing at 7:55 p.m. 269 270 Reid stated that if it had been known before the home was demolished that this issue existed, 271 could the property owner then have lived in the home and/or remodeled the home or added 272 onto the home. 273 274 Finke stated that the options had not been reviewed at that time. He stated that perhaps a 275 permit to expand the existing home could have been issued, but noted that he could not 276 provide an exact answer. 277 278 Williams asked if the property had been properly subdivided in the past, could the applicant 279 then have demolished the home and constructed a larger home on the site. 280 281 Finke replied that if the lot was a conforming lot of record, the existing house could be 282 demolished and a new home could be constructed. 283 284 White stated that she believed that the request meets the criteria for a variance as the situation 285 was not created by the landowner and would be a reasonable use of the property and would 286 not affect the character of the neighborhood. She stated that while she would not necessarily 287 be in favor of approving a lot that would not meet the minimum lot size for the rural 288 residential zoning district; the request appears to meet the variance criteria. 289 290 Albers agreed, as the situation was not created by the applicant and therefore would be in 291 favor of granting the variance. 292 293 Williams stated that he has a different take on the variance criteria as he was not sure that this 294 request would be in harmony with the intent of the zoning district requirements, as this parcel 295 would be half of the acreage that is required; he did not find this to be consistent with the 296 Comprehensive Plan, as the Plan has this zoned as rural residential; and while there is a 297 practical difficulty in this situation, economic considerations alone do not constitute a 298 practical difficulty, and there is additional land to the south that could be purchased, but the 299 applicant did not do so because they did not find it economical. He stated that in reference to 300 the reasonable use of the land, the applicant wants to build a house on the property and 301 reasonable use would depend on the size of the home. He noted that perhaps this variance 302 would be granted and the applicant will come back with additional variance requests because 303 of the size of the home they wish to construct and the setbacks that would be required. He 304 stated that while the property is unique and would not appear to be caused by the landowner, 305 it seems that additional work such as a title search would have been done at the time of 306 purchase and this improper subdivision would have been discovered at that time. He stated 307 that it is unfortunate that the landowner is in this situation, but a title search and title 308 insurance would have provided that clarity. He stated that if a large home is going to be built 309 in place of a small log cabin that would be very different than what existed and therefore he is 310 not persuaded that the criteria for a variance would be met, although he is sympathetic to the 311 landowner. 312 Foote referenced the reasonable use of the property and stated that if a similar home was 313 going to be constructed to what had been there before he would probably not have a problem 314 7 with that, but noted that if a large home is going to be built he did not know if that would be a 315 reasonable use. 316 317 Finke stated that the cleanest fix would be for one of the property owners to purchase the 318 other half of the lot, as the sole property owner could then build a home of their choice on the 319 lot, as the two halves together would be a buildable lot. He stated that if the Plat were 320 approved, the outlot would then be specified as unbuildable. He stated that if the property 321 remains in its current form staff could not approve a building permit for either property 322 owner. 323 324 Murrin stated that there are alternate options, as the applicant could purchase additional land 325 from the Scherer property or the two landowners of this parcel could work together under 326 common ownership. She stated that she would prefer those options be investigated before a 327 variance is considered. 328 329 Williams stated that Scherer had been shut down in the past for his request to subdivide and if 330 this variance is approved then that could set precedent. 331 332 Reid stated that the applicant bought property with a house on it with the belief that a new 333 home could be built on that lot. She stated that although a title search and additional 334 measures could have been taken, not everyone goes through those steps. She stated that if the 335 property were one lot, the property would be conforming. She noted that the outlot will never 336 be built on and therefore the net impact is the same even though there are two owners. She 337 stated that if there had not been a house on the property in the past she would not be willing 338 to grant a variance, but because the property did have a house and the property was priced in 339 a manner which conveyed that a home could be built on it, she would be in favor of granting 340 a variance. She stated that while it would be great if an alternate option could be worked out, 341 she did not believe it is the business of the Planning Commission to get into that business. 342 343 Williams received confirmation that if the landowner was able to purchase the outlot, the lot 344 could then be built upon. 345 346 Finke explained that the property was joined together prior to 1984 and therefore the lot is 347 one lot which is conforming, but is currently under the ownership of two parties. 348 349 Murrin stated that the applicant should be able to go back through to the title company with 350 their title insurance to receive possible reimbursement. 351 352 Williams stated that a homeowner should review the issue further if their plan is to purchase 353 the property with the intent of demolishing the home and building a new home and did not 354 believe that this would justify a variance. 355 356 Motion by Williams, seconded by Murrin, to recommend denial of the variance request for 357 the reasons stated. Motion failed 3-3 (Reid, White and Albers opposed). (Absent: Nolan) 358 359 Motion by White, seconded by Albers, to recommend approval of the variance request 360 subject to the conditions noted in the staff report. Motion fails 3-3 (Murrin, Williams and 361 Foote opposed). (Absent: Nolan) 362 363 Williams asked if the Commission should still provide input on the Preliminary Plat, absent 364 the variance. 365 Finke stated that staff thought about that as well, but ultimately it was determined that the 366 Preliminary Plat could not move forward without the variance. 367 8 Foote stated that his biggest complaint is the size, as it is unknown what would be built by the 368 applicant. He stated that if the applicant were going to keep the same footprint as the former 369 home he would not have a problem with that. 370 371 Williams stated that the Preliminary Plat was within the packet that shows the subdivision of 372 the lot. He reviewed the criteria for a Preliminary Plat and stated that some of those criteria 373 are still not met even if a variance were issued. 374 375 Murrin stated that the size is the sticking point. She stated that if the item were approved by 376 the Council she would think that a size limit would need to be placed on the footprint of the 377 home as the lot size would be smaller than a typical rural residential lot. 378 379 Foote stated that if there is an existing house that burns down you are always allowed to 380 rebuild within the same footprint. 381 382 Williams asked if this is a premature Preliminary Plat as the size of the home is not known. 383 384 Finke stated that is not necessarily true and noted that a maximum size of the home could be 385 specified. 386 387 Murrin stated that it is difficult to determine if this would change the character as it is 388 unknown what the size of the home would be compared to the home that previously existed. 389 390 Reid noted that any house would change the character of the area simply because you built. 391 392 Williams questioned if Foote would be willing to change his vote on the variance if a size 393 limit was placed on the new home equal to what the original home had been. 394 395 Reid noted that would be very small. 396 397 Foote stated that this lot is half the size of a conforming lot. 398 399 Albers stated that as long as the home meets the setback requirements he did not think the 400 size of the home would make a difference. He received confirmation that there were multiple 401 structures on the lot at one time and perhaps those sizes could be combined for a total 402 footprint. 403 404 White agreed that if the setback requirements and no further variance requests were needed 405 she would not necessarily care about the size of the home. 406 407 Foote stated that he would support the variance if the footprint of the new house is no bigger 408 than the previous footprint. 409 410 Reid stated that she would not necessarily be in favor of that because of the small size 411 limitation. 412 413 Motion by Reid, seconded by Albers, to recommend approval of the variance request 414 subject to the conditions noted in the staff report and with the added condition limiting the 415 footprint of the house to the size of the structures previously on the property. Motion fails 3-416 3 (Murrin, Williams and Foote opposed). (Absent: Nolan) 417 7. Brian Etzel – 2942 Lakeshore Avenue – Variance from Required 30 foot Setback to 418 Expand Deck 419 White recused herself from this discussion as the property owner is her neighbor. 420 9 Finke presented a request from the applicant for a variance from the required 30-foot setback 421 to expand an existing deck. He displayed an aerial photograph of the property and described 422 the applicant’s plan to extend the deck to meet with the existing portion of the deck. He 423 explained that this would be a variance from the side setback to Balsam from 30 feet to 12 424 feet. He stated that none of the current features meet the 30-foot setback. He stated that the 425 lot is also nonconforming and explained that the existing street, Balsam, is off center to the 426 north and therefore the front appears to be setback more than other properties. He noted that 427 setback is not met either because the setback is calculated from the right-of-way. He stated 428 that if the road were to be expanded in the future it would be logical to expand to the south 429 because the road is off center. He noted that 60 foot of right-of-way while relatively standard 430 in most neighborhoods, it is unique in the Independence Beach area as some of those streets 431 have 40-foot right-of-ways. He stated that the deck expansion would not increase the 432 nonconformance of the property, it would simply add to the linear calculation. He stated that 433 if the Commission finds that the variance criteria are met, staff suggested a number of 434 conditions of approval. He stated that the hardcover for the lot is not in conformance and 435 noted that the deck would be built over some existing plastic material. He noted that the 436 plastic material could be removed in order to reduce the hardcover of the site. 437 438 Williams asked for additional information on the dimensions of the deck. 439 440 Finke provided the additional calculations for the deck. He clarified that neither the house, 441 nor the deck meets the setback requirement along Balsam and advised that the setback along 442 Lakeshore Avenue is met. 443 444 Murrin received confirmation that the deck would simply be made longer. 445 446 Brian Etzel, the applicant, stated that he was present to address any questions. He stated that 447 he purchased the home in 1986 and there was a three-season porch, which he remodeled into 448 a four-season porch. He stated that he would be amenable to working with City staff to 449 reduce the hardcover if needed. 450 451 Murrin questioned if the homeowner would get rid of the existing deck or keep the existing 452 deck. 453 454 Etzel stated that he would keep the existing deck, although replacing the lumber, and would 455 simply be extending the deck to wrap around. 456 457 Motion by Foote, seconded by Williams, to recommend approval of the 30-foot setback 458 variance request for Brian Etzel for the property located at 2942 Lakeshore Avenue based 459 upon the findings noted in the staff report and subject to the conditions recommended by 460 staff. Motion approved unanimously. (Absent: Nolan) 461 462 White rejoined the Commission. 463 464 8. Public Hearing – Ordinance Amendment to Chapter 8 of the City Code Related to 465 Setbacks from Upland Wetland Buffers 466 467 Finke stated that this proposed amendment was considered before the Commission the 468 previous month, which would reduce the setback to a wetland for a deck from 15 feet to five 469 feet and the Commission recommended denial. He stated that the residents were interested in 470 alternate options and one of those options would be to reduce the setback from 15 feet to ten 471 feet rather than five feet. He asked if the Commission would be in support of this proposal. 472 473 10 Reid stated that when the 15-foot setback was set she believed that staff reviewed the 474 requirements of other cities. 475 476 Finke stated that staff did review the requirements of another city that used a wetland 477 specialist that determined that more of a setback assisted the wetland. 478 479 Reid opened the public hearing 8:38 p.m. 480 481 Charles Morris stated that he lives in the Enclave development and submitted the original 482 proposal. He stated that many of the homes in that development are laid out in a manner, 483 which would make it very difficult to construct a deck because of the location of the 484 wetlands. He stated that many of the residents would like a little more leniency, noting that 485 he would simply need two additional feet for the deck he would like to build. He stated that 486 the homeowners are not attempting to construct grandiose decks but simply a deck that 487 attaches to their home and their families could enjoy. He stated that for his property the 488 relation to the wetland is angled and if he had an additional two feet he could make the deck 489 more of a square and could simply fit his grill, patio set and some space for eight to ten 490 people. 491 492 White asked how the issue of decks was related to the homeowner when they purchased their 493 home. 494 495 Morris stated that Lennar did not go into the building requirements and deferred to the City 496 for any specifics regarding to building code conformance. He stated that the only 497 requirement from Lennar was that the deck would be submitted to them for aesthetic review. 498 499 Reid asked if the builder normally builds the deck as well. 500 501 Morris replied that it not the case. 502 503 Reid asked if all the homeowners then build their own decks. 504 505 Morris stated that he could not speak for everyone but noted that he did not receive an offer 506 or option for them to build his deck. 507 508 Reid stated that she did look at the development and some of them had decks. 509 510 Morris stated that he purchased his home two years ago and there was no option to include a 511 deck. He stated that the builder was not even willing to place the strip on the home to start 512 the deck. He noted that he was told that he would have to submit an application to Lennar 513 showing what he proposed to ensure that the deck would fit the design guidance and that the 514 permit process would go through the City. 515 516 Foote questioned how far the setback would be if the homeowner were to build the deck as he 517 desired. 518 519 Morris stated that the setback from his deck would be 13 feet as desired. He stated that ten 520 feet would be sufficient for himself, but noted that will not correct the issue of all the 521 homeowners in the development as the setback to the wetland is different for the different 522 homes. He stated that perhaps the residents and City can work together to find a setback that 523 would work for both the City and those in the development that would like to have a deck to 524 fully enjoy their property. 525 526 11 Kristin Chapman, 1910 Iroquois Drive, stated that one of the benefits of Medina is its natural 527 resources. She stated that she called the Minnehaha Creek Watershed District to find out 528 additional information on setbacks, noting that there are minimal and optimal requirements. 529 She stated that the City has done a lot to be minimal rather than optimal and those changes 530 erode the natural resources that they are attempting to protect. She stated that while this may 531 not be in the interest of some homeowners, it is important to protect the natural resources. 532 533 Williams asked what the optimal setbacks would be. 534 535 Chapman stated that she did not receive that information as the staff person was going to get 536 back to her the following day. 537 538 Foote stated that he was not present at the meeting the previous month and questioned what 539 the Commission had decided. 540 541 Reid stated that the Commission recommended denial of the request. She stated that this 542 issue was discussed when the Enclave development was reviewed because of this purpose. 543 544 Murrin stated that when the Commission spoke with Kyle the previous month he had stated 545 that Lennar did tell him about the setback requirement noting that while some homeowners 546 were not informed, others were. 547 548 Chapman stated that it is the responsibility of the buyer to known their rights beforehand if 549 they plan to build a deck onto a property when they are buying the home. 550 551 Reid closed the public hearing at 8:49 p.m. 552 553 White stated that enforceability would also be an issue as an open deck could then transition 554 into a three season or four-season porch. 555 556 Albers stated that if the setback is reduced then the concern would be that builders would 557 build the homes even further towards the setback. 558 559 Reid stated that perhaps these homes were priced the way they were because of the 560 knowledge that it would be difficult to construct decks. 561 562 Finke provided additional information on the vegetative wetland buffer requirements of the 563 City, which range in 20 to 50 feet, and noted that there is an additional five-foot setback for 564 accessory structures and 15 feet for the principle structure. 565 566 Williams asked the rational to allow a patio to go against the buffer but not a deck. 567 568 Finke stated that the thought was that the purpose of the setback, not the buffer, is to reduce 569 the likelihood that there would be a violation in the buffer area. He stated that the wetland 570 buffer easement is fairly restrictive on what can be done. 571 572 Reid asked and received confirmation that you do not have to pull a permit for a patio while 573 you do need a permit to construct a deck. 574 575 Albers asked and received confirmation that a permit would be necessary to change a deck to 576 a three-season porch. 577 578 12 Williams stated that while the setback is an arbitrary line that the City draws, they drew the 579 line at 15 feet, and residents of Lennar should have been made aware of the issue when they 580 purchased their home. He stated that if they were not told, they should take that up with 581 Lennar. 582 583 Murrin stated that she also feels that it is important to preserve the greenspace in Medina as 584 there is more and more pressure for development. She stated that the Commission has only 585 heard from two people, one last week and one the previous month, so perhaps the issue is not 586 as important as it is being made to seem to those other people. She stated that perhaps a 587 variance request should be made by the residents so that a decision could be made on a case 588 by case basis rather than applying a standard across the board. 589 590 Reid stated that perhaps she would be willing to decrease the setback by a few feet, but she 591 definitely would not want covered decks. 592 593 Albers stated that he would be more comfortable with each individual coming forward rather 594 than applying a lesser standard across the board. 595 596 Reid asked how residents would even gain a variance for a deck. 597 598 Finke agreed that it would be difficult to obtain a variance for a deck. 599 600 Motion by Williams, seconded by Murrin, to recommend denial of an Ordinance 601 amendment to Chapter 8 of the City Code related to setbacks from upland wetland buffers. 602 Motion approved 5-1 (Reid opposed). (Absent: Nolan) 603 604 Reid stated that she would be comfortable with a 12 or 13-foot setback and thinks it would be 605 difficult for residents to obtain a variance for a deck, which is why she opposed the vote. 606 607 9. Council Meeting Schedule 608 609 Finke advised that the Council will be meeting on August 18th and Williams volunteered to 610 attend. 611 612 10. Adjourn 613 614 Motion by White, seconded by Murrin, to adjourn the meeting at 9:02 p.m. Motion carried 615 unanimously. 616 3 Rivers Church Page 1 of 4 September 8, 2015 Conditional Use Permit Planning Commission Meeting MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: September 2, 2015 MEETING: September 8, 2015 Planning Commission SUBJ: 3 Rivers Church–Conditional Use Permit – 52 Hamel Road – Public Hearing Summary of Request 3 Rivers Church has requested a conditional use permit to operate in an existing office building at 52 Hamel Road. The applicant proposes to office within the existing office space and also to assemble within an existing gathering space in the subject property. No improvements are proposed to accommodate the use, and the applicant proposes to use the existing building as-is. As such, this review will not cover common matters such as building dimensions, setbacks, building materials, landscaping and the like. The subject property is zoned Uptown Hamel-2, in which religious institutions are an allowed conditional use. Surrounding uses are predominantly commercial, with offices to the east and west and Inn Kahoots and the American Legion to the south. Railroad right-of-way is located to the north at the bottom of a steep slope. An aerial of the site can be found below. 3 Rivers Church Page 2 of 4 September 8, 2015 Conditional Use Permit Planning Commission Meeting Analysis The applicant proposes to rent some of the existing office space at the property for their offices and to assemble in the “multi-purpose room” for services. These services are proposed to occur outside of the hours of operation of JT Miller, who occupies the remaining office space in the building. The maximum occupancy of the room proposed for assembly is 60. Staff believes the scale of the proposed use (especially considered separate from the primary office use of the site) will not introduce land use or transportation concerns. The Building Official has requested a “code analysis” to confirm if a second direct exit is required to be provided. Parking City code would require 1 parking space per 3 occupants. This would result in 20 required off- street parking spaces for the assembly use. There is area for 17 off-street parking spaces on the property, which is slightly less than would be required based on the maximum occupancy of the room, let alone the remaining office space within the building. The Uptown Hamel zoning districts do permit some flexibility from off-street parking requirements. According to Section 834.1.07, Subd 2. (a), “Flexibility in the number of required off-street parking spaces and loading facilities is allowed in the Uptown Hamel-1 district because: 1) many parcels were developed prior to enactment of parking and loading requirements; 2) some parcels are small; 3) some parcels have little open space; and 4) there is a need to retain continuity of buildings fronting on Hamel Road and in the future on Sioux Drive, and there is a preference for “infill” on Hamel Road to be buildings, not parking lots or structures. In providing this flexibility, the city will consider the use and need for parking, the amount of off-street parking that is being provided, the amount of nearby on-street parking, any nearby public parking lots, peak parking demands for the use, joint use of parking facilities, and other relevant factors. In granting a parking reduction, concern for the overall benefits to the Uptown Hamel district will be considered as well as use and enjoyment of adjacent properties and economic impacts.” The applicant proposes to only have larger assemblies outside of the operating hours of the office on the site. As a result, staff believes it is reasonable to not consider the parking needs of the office and the assembly use simultaneously. While the site does have three fewer off-street parking spaces than would be required for the assembly use, staff believes this amount is reasonable based on the flexibility allowed in Uptown Hamel. There are three parking spaces along Hamel Road on the adjacent site to each side and an addition three spaces across Hamel Road. The public parking lot on Mill Drive is also within 800 feet. Specific CUP Standards The Uptown Hamel zoning districts establish the following specific criteria for religious institutions: i) Shared parking options shall be considered when a proposed expansion requires more off-street parking. 3 Rivers Church Page 3 of 4 September 8, 2015 Conditional Use Permit Planning Commission Meeting ii) The site plan shall provide for adequate parking and traffic circulation including a plan for formation and movement of a funeral procession. As noted above, the applicant is essentially proposing shared parking by only assembling in non- office hours. Staff believes the applicant has submitted sufficient information related to parking and traffic circulation based on the reduced scale of the proposed use. CUP Review Criteria Section 825.39 of the City Code states that the City shall consider the following matters when reviewing CUPs, in addition to the “effect of the proposed use upon the health, safety, morals, and general welfare.” Staff has provided a potential finding behind each criterion.  That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff does not believe the proposed use will have negative impacts on surrounding property or owners. The proposed use is an allowed conditional use in the district.  That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. Staff does not believe the proposed use will impede surrounding development.  That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. Staff does not believe the proposed use changes the utility or transportation impact of the property.  That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. As noted above, while the site does not include the required amount of off-street parking, flexibility is permitted in Uptown Hamel area. Staff recommends a condition that large assemblies occur outside of regular office hours so that the uses in the building can share parking. With this arrangement and existing on-street parking, staff believes adequate parking is available.  That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff does not believe that the proposed use will introduce any of these concerns.  The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Staff does not believe the proposed use will have negative impacts on surrounding property or owners. The proposed use is an allowed conditional use in the district. 3 Rivers Church Page 4 of 4 September 8, 2015 Conditional Use Permit Planning Commission Meeting  The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The proposed use is an allowed conditional use in the district.  The use is not in conflict with the policies plan of the City. Staff does not believe the proposed use conflicts with the policies of the City.  The use will not cause traffic hazard or congestion. Staff does not believe the proposed use will cause traffic concerns, especially with the limitations proposed by the applicant.  Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff does not believe that the proposed use will introduce any of these concerns.  The developer shall submit a time schedule for completion of the project. The applicant proposes to commence the use immediately upon approval.  The developer shall provide proof of ownership of the property to the Zoning Officer. The owner of the property is a co-applicant and proposes to lease the space to 3 Rivers Church. Staff Recommendation Staff recommends approval of the conditional use permit, subject to the following conditions: 1. Assemblies greater than 10 people shall not occur during business hours of the primary office use operating on the property. 2. Assemblies shall not exceed 60 people, except larger special events shall be permitted no more than four times per year with prior approval of a Special Event permit and only if consistent with building code requirements. 3. The Applicant shall implement active measures to encourage parking within off- street parking locations. 4. The Applicant shall meet the requirements of the Building Official. 5. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the conditional use permit. Attachments 1. List of Document 2. Building Official Comments 3. Applicant Narrative 4. Existing site plan 5. Existing floor plan Project:  LR‐15‐163 – 3 Rivers Church CUP The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports.  All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 8/13/20158/13/20153 Application Y  Fee 8/13/20158/13/20151 Fee Y $2000 Mailing Labels 8/13/20158/12/20155 MailingLabels Y  Narrative 8/13/2015N/A 1 Narrative Y  Plan Set 8/13/2015Varies 6 Plans Y Survey; Site Plans; Floor Plans Driveway Easement 8/13/20156/25/20026 Driveway Easement Y Includes plat resolution Parking Agreement 8/13/20151/24/20116 Parking Agreement Y                     Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineering Comments 8‐20‐2015 1 EngComments‐08‐20‐2015  Legal Comments 8‐24‐2015 1 LegalComments‐08‐24‐2015  Building Official Comments 9‐1‐2015 1 BuildingComments‐09‐01‐2015        Public Comments    Wealshire of Medina Page 1 of 3 September 8, 2015 Rezoning, Site Plan Review, Interim Use Permit Planning Commission Meeting MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: September 2, 2015 MEETING: September 8, 2015 Planning Commission SUBJ: Wealshire of Medina – Rezoning, Site Plan Review, Interim Use Permit – PID 03-118-23-24-0003 Background Earlier in the year, the Planning Commission reviewed the proposed rezoning, site plan review and interim use permit for the Wealshire of Medina at the northwest corner of Mohawk Drive and Chippewa Road. The Commission recommended approval of the requests. The request was for construction of a 171,392 s.f. one story, 150-resident memory care facility. The applicant has subsequently altered the site plan and adjusted the layout of the proposed structure. The size of the structure did not change significantly, but rather the location of the structure on the lot. The applicant also proposes more surface parking and less underground parking. The updated layout increased the proposed wetland impacts from 23,086 square feet to 59,844 square feet. The applicant proposes to mitigate the wetlands on-site, which will result in a net increase of wetlands because of the 2:1 replacement requirements. The updated site plan shifts the building away from the western lot line, pushing it further to the south. Staff does not believe the amended building layout significantly affect most of the aspects of the initial review. The most significant change is the increased wetland impacts, which are now proposed to be mitigated on-site. However, staff wanted to present the updated site plan to the Planning Commission to see if it has any effect on the earlier recommendation. Updated Site Plan The following table summarizes the requirements of the BP district and the proposed updated site plan. The proposed construction appears to meet all of the dimensional standards, provided a 70% opaque landscaping screen is provided along the north and west (residential zoning districts). Wealshire of Medina Page 2 of 3 September 8, 2015 Rezoning, Site Plan Review, Interim Use Permit Planning Commission Meeting Business Park Requirement Proposed Minimum Lot Area 3 acres 17.59 acres Minimum Lot Width 200 feet 1413 feet Minimum Lot Depth 200 feet 2608 feet Minimum Front Yard Setback 50 feet 90 feet Minimum Interior Side Yard Setback 30 feet 137 feet (west) Minimum Rear Yard Setback 30 feet 75 feet (north) Street Setback 50 feet 90 feet Setback from Residential 100 feet; or 75 feet (w/ 70% opaque landscaping) 75 feet Minimum Parking Setbacks Front Yard Rear/Interior Side Yards Residential 35 feet 20 feet 100 ft;or 60 (w/ 70% opaque) 35 feet 60 feet 60 feet Maximum Impervious Surface 70% 23.6% Planning Commission Recommendation The Planning Commission held a Public Hearing at their February meeting. Following discussion, the Commission recommended approval with the following conditions: 1) The applicant shall construct the improvements as displayed on the plans received by the City 1/30/2015, except as modified herein. 2) This approval shall be valid for one calendar year for Phase I and three calendar years for Phase II. The applicant may request a permit to construct Phase II within this time frame without obtaining Site Plan Review approval. 3) This approval is contingent upon approval of a wetland replacement plan for wetland impacts. As part of this review, the applicant shall examine means to reduce impacts and implement those that are practical. 4) The applicant shall grant an additional 3 feet of right-of-way to the City as well as easements over all public utility improvements. 5) The applicant shall meet the recommendations of the City Engineer dated 2/4/2015. 6) The applicant shall update the landscaping plan to identify landscaping for Phase II consistent with City requirements but would not be required to be installed until construction of Phase II takes place. 7) Upland buffers shall be established fully around all wetland areas, including required vegetation, signage and easements. 8) If the applicant does not use the property south of the wetland for agriculture, the area shall be vegetated and maintained in order to prevent erosion. 9) No tree planting has been required for the area south of the wetland. This area shall be landscaped consistent with City requirements upon future development. 10) Plans shall be updated so that stormwater improvements are not located on top of public sanitary sewer or water improvements. 11) In lieu of constructing improvements to Mohawk Drive and Chippewa Road to support the proposed development, the applicant shall enter into an agreement with the City related to proportionate contributions to future improvement projects. Wealshire of Medina Page 3 of 3 September 8, 2015 Rezoning, Site Plan Review, Interim Use Permit Planning Commission Meeting 12) The applicant shall obtain necessary approvals and permits from the Elm Creek Watershed, the Minnesota Pollution Control Agency, the Minnesota Department of Health, and other relevant agencies. 13) The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the site plan and other relevant documents. 14) Agricultural use of the property south of the wetland may be continued as an Interim Use until the earliest of the following: a. Subdivision of the subject property b. Construction of any structure on the portion of the property south of the wetland Attachments 1) Applicant Narrative 2) Updated site plan received by the City 8/11/2015 3) Plans received by the City 1/30/2015 3701 12th Street North, Suite 206St. Cloud, MN 56303 Phone 320-253-9495Fax320-253-87371-800-270-9495 UPDATED 8-11-2015 TASK 1 Background/Demographic1.1 Demographic Info1.2 Finalize Schedule TASK 2 Public Participation2.1 Finalize Public Participation Plan2.2 Medina Celebration Day 2.3 Community Visioning Meeting 2.4 Steering CommitteeSteering Committee #42.5 Interagency Coordination 2.6 Online Engagement (my sidewalk)2.7 Planning Commission/City Council Joint PC/CC WorksessionTASK 3 Land Use & Housing3.1 Compile DataRefined Concept Finalize LU Plan 3.2 Create Goals & Implementation Steps 3.3 Draft of overall chapter, one revision, compilation of final document TASK 4 Transportation 4.1 Compile Data 4.2 Prepare Future Traffic Volumes4.3 Prepare Roadway System Plan 4.4 Prepare Transit Information4.5 Prepare Ped. & Bike Plan4.6 Provide Aviation Basic Language 4.7 Provide Freight Section Language4.8 Provide language regarding a healthy environment for transportation4.9 One draft plan and one revision4.10 GIS Maps TASK 5 Comprehensive Sewer Plan Component 5.1 Compile relevant documents5.2 Update capacity analysis 5.3 Complete goals & implementation steps5.4 GIS Maps TASK 6 Comprehensive Water Plan6.1 Compile relevant documents6.2 Update previously completed model 6.3 Complete goals & implementation steps 6.4 GIS MapsTASK 7 Parks, Trails, Open Space7.1 Update existing maps 7.2 Establish goals and implementation steps7.3 Coordinate with other agencies (SEE ABOVE)7.4 GIS Maps 7.5 Summary map of other outside planned investments7.6 Attend Parks Commission Meeting TASK 8 Surface Water Management Plan8.1 Compilation of drainage information8.2 Establishment of goals & implementation steps 8.3 Exhibits TASK 9 Other Required Components 9.1 Met Council Compile Impacts of LU PlanCompile  impacts of LU Plan Compile  impacts of LU PlanTransportation Modeling Sewer Model Water Modeling September 2016Joint PC/CC WorksessionLand Use ConceptLg Com. Meeting(LU PLAN)January 20164 Interagency Meetings CC Final Presentation PC Public Hearing my Sidewalk Steering Committee #3October 2015November 2015 December 2015Steering Committee #2Lg. Com. Visioning Session Steering Committee #6August 2016July 2015Celebration DayFinalize Public Participation Plan February 2016March 2016April 2016 May 2016June 2016 July 2016August 2015 September 2015Steering Committee #1(On LU Plan )Demographic InfoFinalize ScheduleSteering Committee #5 2040 Comp Plan Page 1 of 2 September 1, 2015 Process/Schedule City Council Meeting MEMORANDUM TO: Mayor Mitchell and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: August 27, 2015 MEETING: September 1, 2015 City Council SUBJ: 2040 Comprehensive Plan Update Process/Schedule Background Later in September, the Metropolitan Council will be releasing System Statements for communities throughout the metro. This will trigger the requirement that the City submit a decennial update of its Comprehensive Plan by the end of 2018. Staff has been discussing the process and tentative schedule for the update process. It appeared from discussions during the amendment completed at the end of last year that almost everyone wanted to complete the decennial update as quickly as possible. As such, staff’s draft schedule is fairly aggressive, seeking to have the update submitted for review in approximately a year (fall of 2016). A draft schedule is attached. Breanne Rothstein from WSB and Associates will be coordinating much of the public participation process and has recommended the attached schedule. She is experienced in coordinating this process in various communities and WSB is able to provide online public participation tools. Public Participation The proposed public participation (not including worksessions, etc.) includes the following:  Online participation throughout process  “Kick-off” event at Medina Celebration Day  2 community meetings o 1 concentrating on visioning and goal setting o 1 to solicit feedback on draft land use plan  Formal public hearing at Planning Commission In addition to these opportunities, there will be more formal worksessions and steering committee meetings throughout the process. These are described in the schedule, and generally include:  6 steering committee meetings  2 joint planning commission/city council meetings  Formal public hearing at Planning Commission  City Council review If the City Council is interested in holding more community meetings (or considering neighborhood meetings, etc.), worksessions, and the like, it would take more time and the Agenda Item # 9C 2040 Comp Plan Page 2 of 2 September 1, 2015 Process/Schedule City Council Meeting schedule would need to be expanded accordingly. Staff believes that a longer process will tend to discourage involvement over time, even if there are more meetings and events that people would be able to attend, as people tend to get “worn out by the process.” The proposed schedule is based on this premise. Steering Committee The Comprehensive Plan is a large and complex document. Although staff intends to take the lead in drafting the document, staff believes it is important that policy direction throughout the process will be provided by a representative group of City residents. The Planning Commission could serve this role, but it is a lot to ask of all of the Commissioners who will also have the regular Planning Commission duties to attend to. Doing so also does not encourage new people to become active in the process. As an alternative, the City Council could appoint a steering committee to provide direction throughout the process. This group would present a draft for formal Planning Commission and City Council review. Staff recommends that any such committee be a manageable size, ideally 7 members, perhaps 9. Staff believes it may be advisable to include 1 or 2 members from the City Council and Planning Commission on the steering committee and potentially a park commissioner. Remaining positions could be appointed by the City Council in order to provide adequate representation. If the City Council intends to appoint a Steering Committee, staff would seek direction on how it will be constituted. Staff would also seek direction on how to solicit members. The City Council could review “applications” or staff could provide a slate of interested persons. As noted above, staff would recommend a committee similar to:  2 Council members  2 Planning Commissioners  1 Park Commissioner  2 At-large members Council Direction Requested Staff seeks approval of the proposed process and schedule to update the Comprehensive Plan as described on the attached document. Staff also seeks direction on the potential appointment of a Comprehensive Plan Steering Committee to provide direction during the process. Attachment DRAFT Schedule