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HomeMy WebLinkAbout2018-12-12 CPC MIN PLANNING COMMISSION MEETING MINUTES December 12, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:03 p.m. Present: Chairman Collins, Commissioners Fletcher, Hansen, Kocon, Lauer and Siess; Councilmember Menikheim Absent: Commissioner Hade Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of November 14, 2018 regular meeting Commissioner Hansen stated that on page 5 it indicates Ms. Wittman requested alternative design materials but he actually requested them. He requested the minutes be corrected. Motion by Commissioner Hansen, seconded by Commissioner Kocon, to approve the minutes of the November 14, 2018 meeting with the requested change. Motion passed 5-0 with Commissioner Lauer abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-14: Consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-204: Generally, 31-209: Design Permit, Section 31-315: Allowable Uses in Residential Districts and Section 31-325: Allowable Uses in Non-Residential Districts. The Case will also affect City Code Section 22-7 Heritage Preservation Commission and Chapter 24 Streets, Alleys and Public Property. City Planner Wittman stated that in early 2018 staff worked with City Commissions and the Council to draft an ordinance pertaining to Small Wireless Facilities. The ordinance was not passed, as upon review by City Attorney Land, it was determined there were conflicts with state statute. City Attorney Land and City staff have revised the ordinance to not only be in conformance with state and federal regulations but also to allow for the preservation of Stillwater’s community character. As a result, most of the proposed regulations will be codified as part City Code Chapter 24: Street, Alleys and Public Property; there are minimal elements of the proposed ordinance that affect City Code Chapter 31, Zoning. She reviewed the amendments to the Zoning Code which will clarify that, Planning Commission December 12, 2018 Page 2 of 4 upon approval of a permit application, small wireless facilities are outright permitted in the Right-of- Way (ROW) in any district but they are not permitted on private lands. The Zoning Text Amendment is proposed to add Small Wireless Facilities to the allowable use tables. Staff finds that the public necessity, general community welfare and good zoning practice permit the amendment and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Therefore, staff recommends the Planning Commission make a favorable recommendation of approval to the City Council. Commissioner Fletcher asked if it is typical to include fees in an ordinance. Ms. Wittman replied that the fees in the ordinance are maximums set by state statute, specifically pertaining to leasing fees. The City is allowed to charge less and will state that in the resolution. Commissioner Siess asked why not just reference the state statute? Ms. Wittman replied that numbers of state statutes can sometimes change. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Commissioner Fletcher, seconded by Chairman Collins, to recommend that the Council approve the Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-204: Generally, 31-209: Design Permit, Section 31-315: Allowable Uses in Residential Districts and Section 31-325: Allowable Uses in Non-Residential Districts. Motion passed 6-0. FYI STAFF UPDATES Minar Moratorium Update Ms. Wittman reviewed the progress on development of an ordinance and work schedule. It is anticipated that rezoning would come before the Planning Commission for a public hearing in August 2019. Staff has begun the fact-finding stage to try to define developable areas of properties, and also has talked with Browns Creek Watershed District, Washington County Public Health and the Department of Natural Resources. There will be a neighborhood meeting in January. Commissioner Kocon asked, is it expected that most of the 2.5 acre lots will yield two lots? Ms. Wittman replied that only a handful of property owners have indicated they have an interest in subdividing. Less than half of the lots could be split. There are also constraints from other agencies that expressed concerns about issues like septic systems. Commissioner Hansen remarked it seems to be lot of work to determine whether property owners can split lots. City Planner Wittman explained that the Minar neighborhood came up because of an inquiry from an owner who wanted to subdivide. It raised the question of how that development would be serviced. If the City extended services, it would cost about $3 million, so the Council decided to gauge what this neighborhood really wants. The moratorium was enacted to provide time to analyze the best use for this neighborhood. The City is now in the ordinance development phase. Planning Commission December 12, 2018 Page 3 of 4 Commissioner Siess asked for an example of staff seeking input from the Commission and the Council. Ms. Wittman replied staff will ask for a lot of feedback to the data presented as development of the ordinance progresses. At some point the City will need to develop a new rural residential district that will include either one acre lots or 2.5 acre lots. Commissioner Fletcher asked if there is a scenario at the end of the process that there will be lot splits but there won’t be urban services provided. Her concern is that if lot splits are allowed without the extension of City services, there will be many more septic systems in close proximity to some bodies of water. If she were to remain on the Planning Commission, she would not like to see lot splits with the scenario of no urban services provided. Ms. Wittman noted that, ultimately the Council would be the body to approve any ordinance amendment. This body would have input. Commissioner Siess agreed with Commissioner Fletcher. She feels there may be an opportunity for Sustainable Stillwater to be part of the planning process. 2019 Workplan Update Ms. Wittman provided the draft 2019 workplan for the Community Development Department Planning staff. 2019 Meeting Schedule Ms. Wittman presented the 2019 meeting schedule, noting that the Planning Commission meetings will be on the fourth Wednesday beginning in January. Planning Commission Vacancy Ms. Wittman acknowledged the vacancies left by the election of Chairman Collins to the City Council and the leaving of Commissioner Fletcher. No applications have been received yet. One of the vacancies will be filled by a City Councilmember as the Commission takes on a Councilmember as a voting member starting in January. Commissioner Siess suggested the City’s Granicus software system be used to notify people in the community they may apply for positions. She feels it’s important to have diversity on the Commission. She encouraged students in the audience to mention it to their families and friends. Chairman Collins thanked Commissioner Fletcher for her 5.5 years of service on the Commission and thanked the rest of the Commission. Councilmember Menikheim noted his City Council term will expire at the end of 2018 after eight years. Chairman Collins will take over his Council position. He thanked the Commission for all their hard work. ADJOURNMENT Planning Commission December 12, 2018 Page 4 of 4 Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to adjourn the meeting at 7:31 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary