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04-06-21 WS Agenda and PacketAGENDA  CHANHASSEN PLANNING COMMISSION TUESDAY, APRIL 6, 2021, 6:00 PM SENIOR CENTER, 7700 MARKET BOULEVARD A.WORK SESSION 1.Planning Commission Appointments/Oaths of Office 2.Election of Chair and Vice­Chair 3.Adoption of Bylaws 4.Development Review Process Discussion 5.Ongoing Projects: Surface Water Ordinance Amendments; Emerald Ash Borer (EAB)/Forestry Update; Infrastructure Projects 6.Ongoing Development 7.Review Other Commissions' Goals NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by­laws.  We will make every attempt to complete the hearing for each item on the agenda.  If, however, this does not appear to be possible, the Chairperson will notify those present and offer rescheduling options.  Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that forces the Mayor or City Council to share that information with the public or be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part of the public input process. PLANNING COMMISSION STAFF REPORT Tuesday, April 6, 2021 Subject Planning Commission Appointments/Oaths of Office Section WORK SESSION Item No: A.1. Prepared By Kate Aanenson, Community Development Director File No:  BACKGROUND On Monday, March 22, 2021, the City Council appointed the following applicants to the Planning Commission for three­year terms. These new Commissioners will be taking the Oath of Office at this evening's meeting. Erik Johnson Kelsey Alto ATTACHMENTS: Oath of Office ­ Erik Johnson Oath of Office ­ Kelsey Alto CITY OT CIIAI'IIIASSIN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow OATH OF OFFICE I, Erik Johnson, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Minnesota, and that I will faithfully, justly, and impartially discharge the duties of the office of Planning Commissioner for the City of Chanhassen, Minnesota to the best of my judgment and ability. So help me, God. Erik Johnson Date: April 6,2021 Subscribed and swom to before me this _ day of 2021. Notary Public g:\plaD\planning commission\oaths\oath - ejohnson 202Ldocx PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227.1 ll 0 77OO MARKET BOULEVARD . PO BOX I47 . CHANHASSEN .MINNESOTA 55317 CITY OT CIIANIIASSIN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow OATH OF OFFICE I, Kelsey Alto, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Minnesota, and that I will faithfirlly, justly, and impartially discharge the duties of the office of Planning Commissioner for the City of Chanhassen, Minnesota to the best of my judgment and ability. So help me, God. Kelsey Alto Date: April 6,2021 Subscribed and swom to before me this - day of 2021. Notarv Public gr\plan\planning commission\oaths\oath - kalto 2021 -dooi PH 952.227.1100. www.ci.chanhassen.mn.us. Fx 952.227.1110 I/OO MARKET BOULEVARD .PO BOX ]4T.CHANHASSEN .MINNESOTA 55517 PLANNING COMMISSION STAFF REPORT Tuesday, April 6, 2021 Subject Election of Chair and Vice­Chair Section WORK SESSION Item No: A.2. Prepared By Kate Aanenson, Community Development Director File No:  PROPOSED MOTION: The Chanhassen Planning Commission motions to elect ______________ as Chair and _______________ as Vice Chair. BACKGROUND According to the Planning Commission Bylaws, Section 4.1­Election of Officers, at the first meeting in April of each year, the Planning Commission shall hold an organizational meeting.  At this meeting the Commission shall elect from its membership, a Chairperson and Vice­Chairperson. Each member shall cast their vote for the member they wish to be chosen for Chairperson. If no one receives a majority vote, voting shall continue until one member receives the majority support. Vice­Chairperson shall be elected from the remaining members of the same proceeding. Note: Steve Weick has indicated that he is willing to chair for another year; however, if there are others also interested, they should come forward and express their interest as well. PLANNING COMMISSION STAFF REPORT Tuesday, April 6, 2021 Subject Adoption of Bylaws Section WORK SESSION Item No: A.3. Prepared By Kate Aanenson, Community Development Director File No:  PROPOSED MOTION: The Chanhassen Planning Commission adopts its bylaws. ATTACHMENTS: Bylaws Adopted 4-6-2021 BYLAWS PLANNING COMMISSION CITY OF CHANHASSEN The following bylaws are adopted by the city Planning Commission to facilitate the performance of its duties and the exercising of its functions as a commission established by the City Council on June 17, 1968 and pursuant to the provision of Subdivision 1, Section 462.354 Minnesota State Statutes annotated. SECTION 1 - DUTIES AND RESPONSIBILITIES - PLANNING COMMISSION: 1.1 The Planning Commission shall serve as an advisory body to the City Council through carrying out reviews of planning matters. All final decisions are to be made by the City Council. 1.2 The Planning Commission shall prepare a Comprehensive Plan for the future development of the city and recommend on amendments to the plan as they arise. 1.3 The Planning Commission shall initiate, direct, and review the provisions and standards of the Zoning Ordinance and Subdivision Regulations and reports its recommendations to the City Council. 1.4 The Planning Commission shall review applications and proposals for zoning ordinance amendments, subdivisions, street vacations, conditional use permits and site plan reviews and make their recommendations to the City Council in accordance with the Zoning Ordinance and Subdivision Ordinance. 1.5 The Planning Commission shall hold public hearings on development proposals as prescribed by the Zoning and Subdivision Ordinances. 1.6 - Establishment of Subcommittees The Planning Commission may, as they deem appropriate, establish special subcommittees comprised solely of their own members. Adopted 4-6-2021 SECTION 2 - MEETINGS: 2.1 - Time Regular meetings of the Planning Commission shall be held on the first and third Tuesday of each month at 7:00 p.m. at the City Council Chambers, 7700 Market Boulevard, unless otherwise directed by the Chairperson, in which case at least 24-hours’ notice will be given to all members. Regular meetings shall have a curfew of 10:30 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular Planning Commission meeting. When the regular meeting day falls on a legal holiday, there shall be no Planning Commission meeting. 2.2 - Special Meetings Special meetings shall be held upon and called by the Chairperson, or in his/her absence, by the Vice-Chairperson or any other member with the concurrence of four other members of the Planning Commission, and with at least 48 hours of notice to all members. Notice of all special meetings shall also be posted on the official city bulletin board. 2.3 - Attendance Planning Commission members shall attend not less than seventy-five (75%) percent of all regular and special meetings held during a given (calendar) year, and shall not be absent from three (3) consecutive meetings. Failure to meet this minimum attendance requirement will result in removal from the Planning Commission. SECTION 3 - COMMISSION COMPOSITION, TERMS AND VACANCIES: 3.1 - Composition The Planning Commission shall consist of seven (7) voting members. Seven members shall be appointed by the City Council and may be removed by the City Council. 3.2 - Terms and Vacancies The City Council shall appoint seven members to the Commission for terms of three (3) years. Vacancies during the term shall be filled by the City Council for the unexpired portion of the term. Every appointed member shall, before entering upon the charge of his/her duties, take an oath that he/she will faithfully discharge the duties of his office. All members shall serve without compensation. 3.3 - Quorum Four planning Commission members shall constitute a quorum for the transaction of business. Adopted 4-6-2021 Whenever a quorum is not present, no final or official action shall be taken at such meeting. SECTION 4 - ORGANIZATION: 4.1 - Election of Officers At the first meeting in April of each year, the planning Commission shall hold an organization meeting. At this meeting, the Commission shall elect from its membership a Chairperson and Vice-Chairperson. Each member shall cast its vote for the member he wishes to be chosen for Chairperson. If no one receives a majority, voting shall continue until one member receives the majority support. Vice-Chairperson shall be elected from the remaining numbers of the same proceeding. 4.2 - Duties of the Chairperson and Vice-Chairperson The Chairperson or in his/her absence, the Vice-Chairperson, shall preside at meetings, appoint committees from its own membership, and perform other such duties as ordered by the Commission. The Chairperson shall conduct the meeting so as to keep it moving rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. SECTION 5 - PROCEDURE: 5.1 - Parliamentary Procedure Parliamentary Procedure governed by Roberts Rules of Order Revised, shall be followed at all regular meetings. At special work session meetings, and when appropriate, the Planning Commission may hold group discussions not following any set Parliamentary Procedures except when motions are before the Planning Commission. SECTION 6 - PUBLIC HEARINGS: 6.1 - Purpose of Hearings The purpose of a hearing is to collect information and facts in order for the Planning Commission to develop a rational planning recommendation for the City Council. 6.2 - Hearing Procedure At hearings, the following procedure shall be followed in each case: a. The Chairperson shall state the case to be heard. Adopted 4-6-2021 b. The Chairperson shall call upon the staff to present the staff report. Required reports from each city department shall be submitted to the Planning Commission before each case is heard. c. The Chairperson shall ask the applicant to present his case. d. Interested persons may address the Planning Commission, giving information regarding the particular proposal. e. Petitioners and the public are to address the Chairperson only, not staff or other Planning Commissioners. f. There shall be no dialogue among the Planner Commissioners giving information regarding the particular proposal. (The Planning Commission members may ask questions of persons addressing the Planning Commission in order to clarify a fact, but any statement by a member of any other purpose than to question may be ruled out of order.) g. After all new facts and information have been brought forth, the hearing shall be closed and interested persons shall not be heard again. Upon completion of the hearing on each case, the Planning Commission shall discuss the item at hand and render a decision. The Planning Commission, if it so desires, may leave the public record open for written comments for a specified period of time. h. The Chairperson shall have the responsibility to inform all the parties of their rights of appeal on any decision or recommendation of the Planning Commission. 6.3 - Schedule At meetings where more than one hearing is scheduled, every effort shall be made to begin each case at the time set in the agenda, but in no case may an item be called for hearing prior to the advertised time listed on the agenda. SECTION 7 - MISCELLANEOUS: 7.1 - Planning Commission Discussion a. Matters for discussion which do not appear on the agenda may be considered and discussed by the Planning Commission under the On-going items section. b. Matters which appear on the agenda as open discussion items will not be recorded as minutes. Adopted 4-6-2021 7.2 - Suspension of Rules The Planning Commission may suspend any of these rules by a unanimous vote of the members present. 7.3 - Amendments Amendment of these bylaws may be made at any regular or special meeting of the Planning Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 - Review At the first meeting in April of each year, these Bylaws shall be read and adopted by the Planning Commission. Chairperson:__________________________________ Date: _______________________ g:\plan\planning commission\bylaws\bylaws 2021.docx PLANNING COMMISSION STAFF REPORT Tuesday, April 6, 2021 Subject Development Review Process Discussion Section WORK SESSION Item No: A.4. Prepared By Kate Aanenson, Community Development Director File No:  BACKGROUND As part of the Planning Commission's first meeting with new members, staff has historically used this meeting as an opportunity for educational purposes. The Planning Commission has some legal obligations and, as such, staff would like to review the many steps in the review process. Attached is an outline of discussion. ATTACHMENTS: Development Review Process 1 Rev. 3/21 DEVELOPMENT REVIEW PROCESS Quasi-Judicial: Many of the items below fall into a category of actions called “quasi-judicial”. A quasi-judicial action is one in which the Planning Commission (PC) or City Council (CC) is required to find facts and exercise discretion when applying the standards of the zoning ordinance to a specific situation. • Comprehensive Plan Amendment Note: Comprehensive Plan Amendments may be textual or land use. PC Role To Approve Timeline Hold public hearing; Provide recommendation to City Council. (CC is not bound by PC recommendation.) CC: Two-thirds (2/3) vote of all members. Unless it is to allow affordable housing, then it is a majority vote of all members. 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.)@ Level of discretion – Highest. When writing or approving a Comprehensive Plan, the City Council is acting as a policy-making body and is establishing the community’s goals and implementation strategies. Subsequent actions must be consistent with the Comprehensive Plan. @ Requires 60-day jurisdictional review prior to submittal to the Metropolitan Council. The Metropolitan Council has 60 days from submittal to review for conformance, consistency and compatibility with the Regional System Plan before the city may put the amendment into effect. • Zoning Ordinance Amendment PC Role To Approve Timeline Hold public hearing; Provide recommendation to City Council. (CC is not bound by PC recommendation.) CC: Majority vote of all members. (Amendments to change from residential to commercial or industrial require a two-thirds (2/3) majority vote of all members.) 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.) Level of discretion – High. When amending the Zoning code, the City Council is acting in its legislative capacity. The only limit is that the amendment must be consistent with the Comprehensive Plan or, if inconsistent, the City C ouncil must express the intent to amend the Comprehensive Plan. • Rezoning PC Role To Approve Timeline Hold public hearing; Provide recommendation to City Council. (CC is not bound by PC recommendation.) CC: Majority vote of all members. (Amendments to change from residential to commercial or industrial require a two-thirds (2/3) majority vote of all members.) 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.) 2 Rev. 3/21 Level of discretion – High. When rezoning a property, the City Council is acting in its legislative capacity. The only limit is that the rezoning must be consistent with the Comprehensive Plan. • Variance PC Role To Approve Timeline Serves as Board of Appeals and Adjustments. Conducts public hearing and approves or denies variance requests.# PC: Three-Fourths (3/4) quorum vote (less than 3/4 serves as recommendation to CC). CC: Majority quorum vote. 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.) Level of discretion – Medium. When granting a variance, the city is granting a deviation from established standards. The city cannot grant a variance if the applicant does not demonstrate that they meet the zoning ordinance’s required standards for a variance. The city may only grant variances which are in harmony with the general purposes and intent of the zoning ordinance and which are consistent with the comprehensive plan (quasi-judicial). #In cases where the variance is in conjunction with platting, site plan review, signs, or conditional or interim use permits, the PC is only a recommending body. In all cases, anyone can appeal a decision of the PC to the CC, which can reverse, affirm or modify the PC’s decision by a simple majority vote. In both of these cases, the CC has 30 days to make a final determination. • Zoning Appeal PC Role To Approve Timeline Serves as Board of Appeals and Adjustments. Conducts public hearing and approves or denies appeals.** PC: Three-Fourths (3/4) quorum vote (less than 3/4 serves as recommendation to CC). CC: Majority quorum vote. 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.) Level of discretion – Low. A zoning appeal is a case where an individual alleges that there was an error in any order, requirement, decision, or determination made by a city administrative officer in the enforcement of the Zoning code. The city is limited to determining if the Zoning code was correctly interpreted and applied (quasi-judicial). **In all cases, anyone can appeal a decision of the PC to the CC, which can reverse, affirm or modify the PC’s decision by a simple majority vote. In both of these cases, the CC has 30 days to make a final determination. • Subdivision o Preliminary Plat PC Role To Approve Timeline Hold public hearing; Provide recommendation to City Council. (CC is not bound by PC recommendation.) CC: Majority quorum vote. 120 days to approve or deny. (After 120 days if no action is taken, applicant can demand a Certificate of Approval.) 3 Rev. 3/21 Level of discretion – Low. The city must approve a proposed plat that meets the standards outlined in the Subdivision Regulations and Zoning Ordinance (quasi-judicial). o Final Plat PC Role To Approve Timeline None CC: Majority quorum vote. 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.) Level of discretion – Low. The city must approve a Final Plat if it meets the standards outlined in the Subdivision Regulations and Zoning Ordinance and if the conditions of approval placed upon the preliminary plat are modified during final plat approval are met (quasi-judicial). • Wetland Alteration Permit PC Role To Approve Timeline Hold public hearing; Provide recommendation to City Council. (City Council is not bound by PC recommendation.) CC: Majority vote of all members. 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.) Level of discretion – Low. The city must approve a Wetland Alteration Permit that meets the standards outlined in the Zoning Ordinance (quasi-judicial) and is in conformance with the Wetland Conservation Act (WCA). • Site and Sign Plan Review PC Role To Approve Timeline Hold public hearing; Provide recommendation to City Council. (City Council is not bound by PC recommendation.) CC: Majority quorum vote. 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.) Level of discretion – Low. The city must approve a site or sign plan that meets the standards outlined in the Zoning Ordinance (quasi-judicial) and conformance with WCA. • Conditional and Interim Use Permits PC Role To Approve Timeline Hold public hearing; Provide recommendation to City Council. (City Council is not bound by PC recommendation.) CC: Majority vote of all members. 60 days to approve or deny.* (After 60 days if no action is taken it is deemed approved.) Level of discretion – Lowest. Conditional and interim uses must be allowed if the applicant can demonstrate that they meet all the conditions listed in the city’s ordinance (quasi-judicial). *The city may give itself a 60-day extension (for a total of 120 days) to consider an application if the city provides the applicant: 1) written notification of the extension before the end of the initial 60 days; 2) the reasons for extension; and, 3) the anticipated length of extension. Additional extensions may only be obtained if the applicant consents, or if a process mandated by state statute makes it 4 Rev. 3/21 impossible for the city to meet the 60-day deadline. In this last case, the city has until 60 days after the required prior approval is granted from the mandated state or federal entity. FINDINGS OF FACT AND RECOMMENDATION The city’s ability to exercise discretion is often limited to determining if a given proposal meets the criteria established within state or local statutes. Findings of Fact are best understood as the city’s explanation and justification of its decision. Whenever the city denies an application related to zoning, Minnesota law requires that the reasons for denial be provided in writing; however, it is also advisable for a city to provide written reasons for approving an application. If a decision made by the Planning Commission or City Council were ever challenged in court, the Findings of Fact would be submitted to the court as evidence that the city’s decision was appropriate. Findings of Fact should identify all of the legal criteria relevant to the case, explain the relevant facts, and then apply those facts to the legal criteria. Properly constructed Findings of Fact should create a clear link between the facts, how they apply to the relevant standards, and the city’s decision. If the Findings of Fact do not create this link or if the facts presented do not support the conclusion, the city could be exposing itself to legal risk. It should be stressed that neighborhood opposition in and of itself is never a valid finding of fact. Planning staff prepares a Findings of Fact in support of recommended or anticipated motions and includes them either as attachments or within staff reports. These facts are a distillation of the most relevant points of the staff report. In cases where findings are provided for both approval and denial, staff attempts to illustrate how the facts could be applied to support the different decisions. JURISDICTIONAL REVIEW As part of the development review process, the city sends out notices for proposed zoning actions to other entities having regulatory authority over or that could be impacted by the proposed action. In cases where the agency has regulatory authority, the proposal will need to get the relevant approvals from that agency as well as the city before they can move forward with their project. In situations where the agency does not have regulatory authority, the entity has the opportunity to provide comments, provide technical expertise, or otherwise ensure that the city is aware of their interests. An example of a situation where another agency has jurisdiction would be an apartment building where access was proposed through a MnDOT-owned right-of-way. In this case, MnDOT as well as the city would need to grant the appropriate permits and approvals, and city approval would be conditional upon MnDOT approval. An example of a situation where an agency would be contacted purely in the interest of receiving feedback would be the rezoning of parcel adjacent to a neighboring municipality. The city would want to make sure that the other community was aware of our plans and would listen to any concerns they or their residents may have, but ultimately would not be bound by the opinions expressed by the other city. 5 Rev. 3/21 g:\plan\planning commission\development review process\development review process - for 1st meeting in april.docx PLANNING COMMISSION STAFF REPORT Tuesday, April 6, 2021 Subject Ongoing Projects: Surface Water Ordinance Amendments; Emerald Ash Borer (EAB)/Forestry Update; Infrastructure Projects Section WORK SESSION Item No: A.5. Prepared By Kate Aanenson, Community Development Director File No:  BACKGROUND Oral PowerPoint presentations will be given on the following topics: Surface Water Ordinance Amendments Emerald Ash Borer (EAB)/Forestry Update Infrastructure Projects PLANNING COMMISSION STAFF REPORT Tuesday, April 6, 2021 Subject Ongoing Development Section WORK SESSION Item No: A.6. Prepared By Kate Aanenson, Community Development Director File No:  BACKGROUND An oral PowerPoint presentation will be given. PLANNING COMMISSION STAFF REPORT Tuesday, April 6, 2021 Subject Review Other Commissions' Goals Section WORK SESSION Item No: A.7. Prepared By Kate Aanenson, Community Development Director File No:  BACKGROUND An oral PowerPoint presentation will be given.