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HomeMy WebLinkAbout2006-01-09 CPC Packeti iltwater THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, January 9, 2006, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/06-01 A variance to the sign regulations for an electronic message center located at 1903 South Greeley Street, Lake Elmo Bank, in the BP -I, Business Park Industrial District Christine Clark, Lake Elmo Bank, applicant 2 Case No SUP/06-02 A special use permit for a fuel center and drive through pharmacy Located at 1801 Mai ket DI we (CUB F000s) in the BP-C, business Park Corns -nrcial DiAric.t Craig Mevissen, represeu (mg Juperdalu, applicant 3 Case No ZAT/06-01 Zoning Ordinance text amendment establishing a New Neighborhood Conservation District and Design Guidelines for infill development in the Conservation District City of Stillwater, applicant 4 Case No ZAM/06-01 A Zoning Ordinance map amendment applying Neighborhood Conservation Overlay Distnct Regulations City of Stillwater, applicant 5 Case No ZAT/06-02 Zoning Ordinance text amendment revising the Duplex Residential District , RB, regulations regarding lot coverage, building height setbacks as an element of the Neighborhood Conservation Program City of Stillwater, applicant 6 Case No ZAT/06-03 Zoning Ordinance text amendment regulating building heights in the Downtown Central Business District, CBD, area City of Stillwater, applicant Other Items -Annual review of Bed and Breakfast's in Stillwater CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 4 City of Stillwater Planning Commission December 12 2005 Present Robert Gag chair Suzanne Block Gregg Carlsen Mike Dahlquist Dave Middleton David Peroceschi Paul Teske and Jerry Tumquist Others Community Development Director Steve Russell Absent David Junker Mr Gag called the meeting to order at 7 p m Approval of minutes Mr Turnquist seconded by Mr Middleton moved approval of the minutes of Nov 14 2005 Motion passed unanimously Case No CCN/05-50 A Certificate of Compliance and variance to the rear yard setback (75 feet required 35 feet and 67 feet proposed) for a 19-lot office condominium development at 1749 S Greeley in the BP -I Business Park Industrial District Royal Oaks Realty and Ogren Properties applicants Present representing the applicants were Mike Black of Royal Oaks Realty and Eric Ogren property owners along with a civil engineering consultant Mr Black stated they had done a tree inventory as required at the last appearance before the Planning Commission Also in response to concerns raised at the previous meeting three office units have been eliminated from the plan The plan now includes 18 new units and the existing building on Greeley Street The elimination of the units has enabled them to pull the buildings back from the rear property line and reduce the requested setback variance The new plan also meets the impervious surface requirements he said A grading plan, landscaping plan and lighting plan which reflects the recommendations of the Heritage Preservation Commission have been submitted The city engineer expressed some concern regarding drainage off the back of the property In response to that concern he said gutters will be installed for rooftop runoff and four rain gardens constructed to retain/infiltrate water before it leaves the property It was noted that there is 180 of deeded open space from the rear of the Ogren property to the residential properties to the east Upon a question by Mr Dahlquist, Mr Ogren reviewed the changes in the rear setbacks achieved by the elimination of the units The most significant change went from a previous setback of 35 to the current proposed setback of 67' Ms Block asked about the height of the retaining wall The retaining wall ranges from 4 to about 2 Mr Black said Ms Block also asked about the elevation of the buildings and whether the units would be visible from adjacent residential properties Mr Ogren said the units probably would be visible in the winter Mr Gag opened the public hearing Carol Huber 813 Everett Dr said the new development backs up to her neighborhood She expressed a concern about the height of the proposed buildings the number of units the number of trees that will be removed and said she was opposed to the granting of the requested variance Helmer Huber 813 I City of Stillwater Planning Commission December 12 2005 Everett Dr questioned how many trees would be removed and also how rain gardens function The resident of 820 Rainbow Court expressed a concern about runoff and lighting Carroll Rock 811 Everett Dr asked whether it would be possible to plant trees on the east side of the retaining wall The public comment period was closed Mr Black addressed the concern about the number of trees to be removed He noted that a tree inventory has been completed but agreed that a substantial number of trees will have to be removed However he noted that the 180 Washington County easement at the rear of the property will remain in open space The civil engineering consultant explained the functioning of rain gardens He said he is working with City Engineer Klayton Eckles to address concerns about runoff There was a question about building height It was noted 40 is allowed The proposed units are 20 from the ground to the mid -point of the roof Mr Black explained it was the intent to give the units a residential look Ms Block asked if the developers could meet rear setbacks Mr Ogren said with the cost of extending services to the property and given the topography of the site the revised proposal is the best they can do Mr Peroceschi asked about the possibility of planting additional trees Mr Black and Mr Ogren said they would look at that possibility Ms Block asked if runoff would affect Brick Pond, the applicants said runoff would go to Greeley Street and would not affect Brick Pond Ms Block said she liked the building design and said she would like to see additional plantings if possible Mr Carlsen said he liked the look of the proposed development when one considers the alternatives of what might be developed on that property Both he and Mr Peroceschi talked of the large buffer that will remain between this development and residential properties to the east Mr Teske said while he understood concerns he felt the proposal is an appropriate use considering alternatives he said he would like the developers to work with the City regarding the suggestion about additional tree plantings Mr Teske said he also appreciated the compromise made by the developers Mr Gag urged the developers to consider additional plantings to soften the view during the winter for neighbors There was a question about lighting and whether there would be any outside lighting on the rear of the units Mr Black said there might be some pedestrian lighting Mr Middleton moved approval of Case No CCN/05-50 with the five conditions of approval suggested by staff and the additional condition that there be no lighting on the rear of the units other than shielded, downlit fixtures or sidewalk lights Condition of approval No 2 also was amended to indicate city staff must approve the landscape plan Ms Block seconded the motion, motion passed unanimously Case No SUB/05-45 Preliminary plat approval of a 20-lot subdivision with variance to the rear yard setback (35 feet proposed, 75 feet required) at 1749 S Greeley in the BP -I Business Park Industrial District Royal Oaks Realty and Ogren Properties applicants J City of Stillwater Planning Commission December 12 2005 Mr Russell indicated Washington County has submitted comments regarding the subdivision Mr Middleton seconded by Mr Peroceschi moved approval as conditioned Mr Dahlquist expressed a concern about access off Greeley Street and said he was concerned that the alignment of the access provides for a safe intersection Motion to approve Case No SUB/05-45 passed unanimously Case No SUB/05-70 A minor subdivision of Lots 35-38 Block 7 Carli and Schulenberg s Addition at 1221 N Broadway in the RB Two Family Residential District George Middleton applicant Tim Freeman of Folz Freeman Erickson Inc was present representing the applicant He explained the proposal to combine properties into three new buildable parcels in addition to the existing home Mr Peroceschi seconded by Ms Block moved to recommend that the Council approve the proposed subdivision Motion passed unanimously Case No SV/05-71 A street vacation of a portion of unimproved Holcombe Street abutting Lot 5 Block 9, Thomas Parker and Mower's Second Addition James and Diane Kleinke and Ande and Muriel Hassis applicants The applicants were present It was noted a section of the street was vacated in 1990 and they did not envision the City ever using the portion of the street asked to be vacated They said they did not want to extend the vacation any farther in order to maintain access to another Lot Mr Peroceschi asked how the vacation would be split The applicants said they would work that issue out Mr Turnquist, seconded by Mr Dahlquist moved approval of the requested street vacation Motion passed unanimously Case No SUB/05-72 A minor subdivision of Lot 3, Block 1 Joseph Wolf Brewery Addition into one lot of 1 200 square feet at 402 S Main St in the CBD Central Business District Steve Bremer 402 Main Street LLC, applicant Mr Bremer was present He explained he was requesting the subdivision in order to sell a space the current gift shop space on the main level of the building He said the space was never subdivided previously Ms Block moved approval of SUB/05-72 Mr Middleton seconded the motion, motion passed unanimously Case No CPA/05-01 Comprehensive Plan Amendment changing land use designation of 8 0 acres of land Liberty West ' from Rural Residential to Cottage Residential at 7135-7143 Manning Avenue Croix Capital Group applicant Case No ZAM/05-01 Zoning Amendment changing the zoning designation from Agricultural Presentation AP to Cottage Residential CR of 8 0 acres of land at 7135- 7143 Manning Ave Croix Capital Group applicant Case No PUD/05-73 Planned Unit Development for a 20-lot development on 8 0 acres of land at 7135-7143 Manning Ave Croix Capital Group, applicant Case No SUB/05-75 Preliminary plan approval for a 20-lot subdivision on 8 0 acres of land at 7135-7143 Manning Ave Croix Capital Group, applicant City of Stillwater Planning Commission December 12 2005 Case No ANN/05-01 Annexation of 8 0 acres of land into the 7143 Manning Ave , Croix Capital Group applicant Representing the developer were Marc Putman landscape architect and Chris Aamodt developer Neighboring residents in attendance were Jon Fletcher 3648 Tending Green Kathleen Elletson 3653 Tending Green Kristin Kroll, 444 Harvest Green Sarah Sorenson 3660 Tending Green Rob Hendrickson 3661 Planting Green Todd Remely 3654 Tending Green Jeno Johnson 3667 Planting Green Bob Pohl 3655 Eben Green Robert Lawrence, 3664 Planting Green Kent Einan 300 Country Road Robert Kroening 213 Pine Hollow Green Paul Kroening 213 Pine Hollow Green Ann Jordan 7143 Manning Ave Steve Carlson 346 Country Road Nate Gerard 307 Country Road City of Stillwater at 7135- architect, Roger Tomten, Mr Russell opened the presentation by explaining that when the Comprehensive Plan was adopted the then -owners of the property were not interested in being annexed to the City so the land was designated RR subject to future annexation The new owners are now petitioning for annexation Conceptually he said the Council is in favor f the land use change to small -lot single family, Cottage Residential which is the same as the property in the Liberty development to the east and south of the site Washington County and the City Engineer have reviewed the PUD he said The Park Board will review issues related to park dedication Marc Putman who did the master plan for the Liberty development reviewed the site plan Also present was Roger Tomten who was on the architectural review team for the Liberty development Mr Putnam highlighted the efforts to preserve the trees on the property, the water feature which will serve both as an amenity and provide highway noise reduction pathway connections and trail system Kathleen Elletson questioned how the City could consider this development without knowing the County s plans for County Road 15 Todd Remely also suggested the County plans for Manning Avenue could impact the viability of this project Mr Russell responded that the County has indicated it can accommodate this proposed development Ms Elletson also questioned landscaping plans to the south, the compatibility of house design with the Liberty development, the height of the proposed retaining wall and tree count 4 City of Stillwater Planning Commission December 12 2005 Bob Pohl asked whether Liberty West would have its own architectural review board and suggested that this development should be a part of the primary Liberty development board of directors Mr Putnam responded that Liberty West would use the same architectural guidelines as Liberty but would be a separate association Jeno Johnson asked that consideration be given to preserving an existing tree on his property Kristin Kroll asked about a proposed alley which would be adjacent to her backyard and plans for landscaping on the south side of the fence Ms Kroll also questioned the economic viability of the project given the number of similar size houses for sale in the Liberty development Jon Fletcher noted there are many kids in the adjacent neighborhood and asked that construction traffic be kept out of the neighborhood along with efforts to slow the construction traffic and minimize road damage There also was a question about potential builders and whether there might be a Liberty West monument sign Mr Putnam responded to concerns about landscaping on the south side by saying there is enough depth for plantings and understory sufficient to provide a buffer from neighboring properties He also explained the retaining wall which is proposed in order to protect existing trees He also stated it is unlikely there will be an entry monument Ms Block questioned the provision for guest parking and said she didn t think the proposal was adequate in that regard Mr Dahlquist asked why the proposed private alley serves only two houses Mr Putnam responded that rear garages provide for streetscape variety Mr Putnam went through the recommended 26 conditions of approval Regarding condition No 14 that all sidewalks be a minimum of 4 from the curb Mr Putnam suggested that requirement could result in the Toss of trees It was agreed to amend that requirement to a minimum of four feet unless needed to protect trees and coordinated with the City Engineer Condition No 18 stating the right-of-way minimum width is 60 feet Mr Putnam noted is incorrect and should be 50 it was agreed to correct that condition Mr Putnam asked that Condition No 19 regarding the placement of retaining walls along the curb also be changed to accommodate tree preservation efforts It was agreed to change Condition No 19 to state that retaining walls along the curb should be pulled back with the final alignment coordinated with the City Engineer with a goal of preserving trees Mr Putnam asked, and it was agreed to change Condition No 23 to state that all impact fee shall be paid before final plat/PUD approval It also was agreed to change the wording of Condition No 26 to state that a mutually acceptable fence and landscaping be installed to screen the south combined driveway from residents to the south Mr Putnam said developers' biggest concern was with Condition No 22 that the Open Space Area C be expanded to include the lot to the east to meet park dedication requirements Mr Putnam noted that the proposal includes 36 percent of the land in open space he noted this is a 'very difficult' project and asked that this condition be removed Mr Gag noted that every developer has been held to the 10 percent park dedication requirement and spoke against eliminating that condition 5 City of Stillwater Planning Commission December 12 2005 Mr Turnquist seconded by Mr Peroceschi moved approval of Case No CPA/05-01 Motion passed unanimously Mr Middleton seconded by Mr Turnquist moved approval of Case No ZAM/05-01 Motion passed unanimously Mr Teske seconded by Mr Dahlquist, moved approval of Case No PUD/05-73 with the 26 Conditions of Approval with the above listed changes to conditions 14 18 19 23 and 26 Mr Dahlquist pointed out that plans could be fine-tuned as the development proceeds through the various approval processes Motion passed unanimously Mr Turnquist seconded by Mr Middleton moved approval of Case No SUB/05-75 with the same 26 Conditions of Approval as amended Motion passed unanimously Mr Middleton seconded by Mr Peroceschi moved approval of Case No ANN/05-01 Motion passed unanimously Case No SUP/05-74 A special use permit for auto sales business at 1778 Greeley St in the BP-C Business Park Commercial District Gary Starns applicant Mr Russell informed the Commission that the applicant had withdrawn his request Other items Included in the agenda packet was a memorandum regarding downtown height regulations Mr Russell stated he did not think the current regulations were protective enough ft was agreed to proceed toward a revision of the height regulations in the downtown area Mr Teske seconded by Mr Dahlquist moved to direct staff to proceed with amending the height regulations and scheduling a public hearing Motion passed unanimously Mr Russell noted that the public meeting regarding the proposed infill design guidelines was scheduled for Dec 14 The meeting was adjourned at 10 50 p m Respectfully submitted Sharon Baker Recording Secretary I PLANNING APPLICATION REVIEW FORM CASE NO V/06 01 Planning Commission Date January 9, 2003 Project Location 1903 South Greeley Street Comprehensive Plan District Business Park Commercial Zoning Distnct BP-C Applicants Name Mike Johnson representing Lake Elmo Bank Type of Application Vanance Project Descnption A vanance to the sign regulations for an electronic message center Discussion The applicant is requesting a variance to add an electronic message center to replace the time and temperature sign already approved at the 2/14/05 meeting The Stillwater City Code states the followmg under prohibited signs Section CD31 72 (6d) d Any sign that moves or rotates including electronic reader board signs except approved time and temperature information signs and barber poles The applicant states that they need an electronic message center because many of the competitors have message centers They would like the opportunity to utilize the sign for more than just a time and temperature display They would also like to be able to display community information and events as well as timely information of services provided at that location Recommendation Denial Conditions of Approval Should the Commission approve the request, staff recommends the following conditions of approval 1 All revisions to the approved plan shall be reviewed and approved by the Community Development Director 2 No additional signage Findmgs 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a vanance 2 That a vanance is necessary for the preservation and enjoyment of substantial property nghts possessed by other properties in the same distnct and m the same vicinity, and that a vanance, if granted, would not constitute a special pnvilege of the recipient not enjoyed by his neighbors 3 That the authonzing of the variance will not be of substantial detnment to adjacent property and not matenally impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Letter from the Applicant/Site Plan/Elevation Drawings IIPC Action 1/4/06 -7-0 Denied PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No V1614a O1 Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit X Variance Resubdivision Subdivision* Comprehensive Plan Amendment" Zoning Amendment" Planning Unit Development Certificate of Compliance The fees for requested action are attached to this application *An escrow fee ►s also required to offset the costs of attorney and eng►neenng fees The applicant ►s responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (, e, photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting matey►al is required If application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete application or supporting material will delay the application process. Address of Project Zoning Distnc PROPERTY IDENTIFICATION /�3 Sav it 4 �i�c..� Assessors Parcel No (GEO Code) Description of Project L A K c C19+4-0 a r /c_ hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and useed,, Property Owner ,_i4ice- E/MD � Mailing Addressf /<y 4 f 39 "` S7L, / /I/drf1., City - State - Zip L/Q-/c G t:lv►2o , f 1,J 51-6q1.— Representative /'/ / Kc J e 1n Mailing Address qLo City - State - Zip 13A-,/ a.✓ , �✓Z S`/y0 Telephone No 657 `7 99 5' d Dy Telephone No `?) s ,95' Z D 0 Signature �,,.�._ Signature �f\ (Signature is required) 3w0 y Lot Size (dimensions) 3/0 x `►`/D Land Area Height of Buildings Stories Feet Principal ) > Accessory (Signare is required) SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces R_IW R2OW RI9W R2 W R_IW R2OW Vicinity Map Scale in Feet his •.ea, he my e, len - �.. w g.Ca.'a rm.°*'N a ..gy - ▪ . Nr waNwim Canty m „, any Me • wav�. y.nc,axr sanr he P.n.a65 , 0-65 Puss)) a, AL001Nernal. curren bust) 200 Map vr, m De ember 200 Graphic House, Inc. December 20, 2005 City of Stillwater 216 North Fourth Street Stillwater, MN' 55082 Dear Community Development Staff, Graphic House Inc and Lake Elmo Bank respectfully request a variance to allow an electronic message center sign which will replace the time and temperature sign already approved for their branch at 1903 South Greeley St The purpose of this request is to allow the Bank the opportunity to utilize the sign for more than Just a time and temperature display The Bank would also like to be able to display Community information and events as well as timely information on services provided at this location The applicant would submit that this type of signage is not out of character with the area nor with other signage already mstalled by other financial facilities close to this property This type of signage would also in no way be detrimental to the public welfare, and in fact be primarily used for community service Thank you for your consideration in this matter Respectfully, Mike Johnso Graphics House Inc CORPORATE OFFICE 9204 PACKER DRIVE WAUSAU WISCONSIN 54401 NATIONAL 800 472 0402 LOCAL 715 842 0402 FAX 715 848 9108 E MAIL ghi@dwave net MEMBER IMI[PXAlIORRI AfiM A110(IA11011 6 0" 28 19 6 Al 9' i 4 gIELPaOC b@USE DaQo 9204 PACKER DRIVE WAUSAU WI 54401 PHONE 171 51 B42 0402 WI 1 800 472 0402 FAX 171 51B4B 910E CLIENT: LAKE ELMO BANK STILLWATER, MN ALL) RIGHTS RESERVE■ 11 8 :\ )F SE,IRVICE; SALES REP MIKE J "°°"°" SALES AUTH ELEASE tR Z 1 21 20054 .I•• # MJ•010510 •ATE: 1.14.2005 TBD BION SPECIFICATIONS A II) D/F INTERN ILLUM PYLON SIGN SIGN CABINET IS TO BE FORMED OF ALUM PAINTED TO MATCH #230 246 TEAL VINYL LAKE ELMO BANK & LOGO ARE TO BE ROUTED OUT & BACKED W/ 3/4 CLEAR PLEX 11/2 PUSH THRUI STRIPE & TAOLINE ARE TO BE ROUTED OUT & BACKED w/ 3/16 WHITE PLEX. MESSAGE CENTER 15 TO BE LED STYLE w/ 121 LINES OF 10 CHARACTERS IAPPROX 16 96 MATRIX) BRICK COLUMNS & BASE ARE TO BE SUPPLIED BY CLIENT LANDSCAeE PLAN 34. PLANTING PLAN SCHEDULE 1/11411 ar SOS COT 0.11.04 WW1 10411. No. LOC 104, COMO TOE Mow COO SPOL 901, rn.Yr loud .991 TORS =WI DOOM am s. 1910011.9 OCR M. IMO Or. 9,111 vcr 011,1011 LOCI TALL IVO COO warm SAPP! ...aAa DVYYAM Bo.n COO SELLA CIO Omr MOO OTTE PN1 -Er 0.1 COG w I-Cr .TAD COTT POCATOD ..CS NIeM CWP ,Ar ..001TO RUST. O.mon MIN wmNr ®atr TREE PLANTING NOTES SOO OD WT. wr..aoa>r..T m wxi OR mamma&S u..W a DCarc .wx (F MU) DC .SERT Mrt am m SITAD RYn Oa rt. wvi Mx mgmtl Mx WM. PUCE MOTeIT.T olioo M.00 Wad LOOS n.SRRE 11:0640.1 PAC la BE LILT muO. USE or o�COOW T[ ixW ForT[r POW. aet .m ACW DSCO. rod CO w W.. OA LEW( VDT TRW% TO Nm ON TALL AAC a ion ( Err WOOED RE lora POSTE .SE WTI olCa Sixes Alawen or IRON PQ T TM IDMUD MT CAC Or 9OF OE.. PRE. nmS CAM 0, ArO1 Sal Srall ON LATE PARA. 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POTTED SHRUB DETAIL LAKE ELMO BANK GREELEY STREET STILLWATER, MN Mohagen MA Hanse Marmon aGwELL 0. MLR w TBar cDammc .Ae eu .mom .wRM MOT M U.r Mm fr amAWml ..Ra ILO NCM¢T SBW Dr C(901 WDd6 M INSITLACK9 Tr SOF. MO IOW 11( MOW. Or POW° TENOR 01.10 Cr ARC BAnev.,m. Tr—IlaYTu. LANDSCAPE PLAN CITY SUBMITTAL Al 1 s •4 PLANNING APPLICATION REVIEW FORM CASE NO SUP/06 02 Planning Commission Date January 9, 2006 Project Location 1801 Market Drive Comprehensive Plan District West Business Park Zoning District BP-C Applicants Name Craig Mevissen representing SuperValu Type of Application Special Use Permit Project Description A special use permit for a fuel center and drive thru pharmacy for Cub Foods Discussion The applicant is requesting a special use permit for an addition of a fuel center and a dnve-thru pharmacy The fuel center would have a booth, six pump stations, and a canopy The canopy is white with red thin trim line The parking ratio for a supermarket is 1 parking space per 200 square feet of gross floor area With the fuel center and the drive thru pharmacy they have 95 spaces over the required 457 parking spaces Recommendation Denial of the canopy and sales booth as it is presented Approval of signage and drive thru pharmacy Conditions of Approval 1 All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission 2 All lighting in the canopy shall be recessed or shaded 3 Canopy and sales booth shall return to HPC for design approval Findings The proposed use will not be injunous to the neighborhood or otherwise detnmental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Attachments Application Form/Site Plan/Elevation Drawings HPC Action 1/4/06 Tabled the fuel center The applicant will need to redesign the sales booth and the canopy using the PUD design policy +7-0 Approved the pharmacy drive thru , PLANNING ADMINISTR, ION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No 59r t'OQ2 Date Filed Fee Paid Receipt No ACTION REQUESTED X Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees The fees for requested action are attached to this apphcat►on The applicant is responsible for the completeness and accuracy of all forms and supporting matenal submitted in connection with any applicat,on All supporting material e , photos sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting matenal is required If apphcat:on is submitted to the City Council, twelve (12) copies of supporting matenal is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting material will delay the application process After Planning Commission approvals, there is a 10-day appeal period Once the 10-day appeal period has ended the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits PROPERTY IDENTIFICATION Address of Project ( Pri, vie Assessors Parcel No . go?0.30020 3.30066 (GEO Code) Zoning Distric Description of Project 1: U 10 FDOGIS TTDef t+!0r1 vl CL -e,v 41444 Drt ve. - `t�4►r v ' LMW vw "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects to the best of my knowledge and belief, to be true and correct 1 further certify 1 will comply with the permit if it is granted and used " Property Owner 1.42611-VA(..it./ Mailing Address I l Bete ,/dte,41 12-4 City - State - Zip eCteA4 Pa I rI a ,1h 54 3¢$' Telephone No 61 Signature 2 + 513* Signa ure is required) Lot Size (dimensions) x Land Area Height of Buildings Stories Principal Ace ry C4`v°P H \mcnamara\sheila\PLANAPP FRM April 20, 2005 Representative U'QiJ Ale t SS{ vt Mailing Address &O '3 3 >t(t� i w�j 6(004 Dr City - State - Zip WeAit P✓eLt art e I kikut 5 544 Telephone No 152. a 1 4- 511 t- Signature (S SITE AND PROJECT DESCRIPTION Total Building floor area Existing square feet Feet Proposed square feet 24 Paved Impervious Area square feet No of off-street parking spaces re is required) square feet SITE DATA - oUf› F000s t °P-t1 LutAbib4,-e-ve.., SITE AREA 485,587 SF 11.15 ACRES 100.00% BUILDING % OF SITE . . 91,333 SF 2.09 ACRES 18.81% EXISTING SUPERMARKET 89,244 S.F PARKING 637 CARS RATIO 7.1 CMA W/FUTURE EXPANSION 91,333 S.F. PARKING 552 CARS RATIO 6 0 CMA REQUIRED PARKING (1 PER 200 S.F.) . . . . REQUIRED RATIO . CARS] . 457 5 0 CMA 0 CMA • O 0 PARK d- a 4- STILLWA1 ER It O- CURVE CRES BLVD O STILLWOJ [NDUST{ d STATE HIGHWAY 36 MN DOT R/W PLAT NO 82 84 , Location Map WEST RONIAGE DAD woo 0.0 60T STREET NORTH OAN O111.EHrt000l� a UM, Ea. 000 Suss A aN.ndtI. (002R) 4 R21W R20W RI9W R22W R2IW R20W Vlclrnty Map 349 Scale in Feet ma... d-5b": .ro.r .rW. W.KpwnOvny anw m. m.+w tid be wed Wm. woks.no Inaca.1 .e.. Soca MO Phans1Saw. Prvidtlmsea an .ca.1 law2005 Y.duy. Odell 20. 1R PROPOSED CONNECTION AT EXIST SAW MH (DIRECTIONAL BORE) REMOVE PARKING LOT UGHT POLE AND FOUNDATION 3 BELOW EXISTING GRADE A DO II II 0 I MARKET DRI 1 1r 0 12 TAWS EXISTING 8 WATER MAIN IIIIIIIIIII 4.0 m n y 4 PROPOSED GAS STATION VAC A9 11 B• 4 3O PROPOSED CONNECTION AT EXIST WATER WIN 3 7, 2 4.4 0 7 B WOO \\ II I PA. BD ID 17 V 111111I11111mB 2 m 1II1IIIII1II111IIIIIIIIIIIIII(^ RLON • 131077 16 vita Lt41-1 i .. 71SCIOD43 9rm e - IM COCRE 2 Die PROPOSED 13c DRIVE THRU CUB FOODS 89 244 S F FFE=929 0 PROPOSE�1'ROPOSED I COOLER CONC PAD 1 RETAIL FFE=928 0 RETAIL FFE=927 0 12 12 TARGET FFE=926 0 ❑T ff L OA CATCH CURB 9ISPE 3/ PER FT 01 DETAIL MODEM 04e • DIRER IA2' DIMMER AD • 1/i ASPHALT DAMS ODRAY UMW 2340 TIP[ 41 —1 1/l ASPHALT BAY CORE MDT 2310 TYPE 31 T QA9 3 410[ BAY 0 838 1111001 3130 MOOD ODETAIL MDT T PAVOpIT SILTED F..9m DUCE COPP 3TLP tRN®) W ELER IFI IMOD (Dan 01 AIL DET 0 DETAIL DETAIL 0 9.ie CFLL PLANT LIST 1-0• ie COMAC® APPROVED 9334PAS 31RAP EPODE OM1ER YAPS 3Ami A.ELR •-1B SERVED BOX ▪ iER" L 1110>a10S O / IF 03I0 D•A1® BAY 7-4) T1PE DDT 10P91 CCPPOI SERVO ROTE ALL R110i4 MI RAROWS MAY BE 083111UDD f10 RFD =R AOIX8L TWE CITY APPROVED MALL w in R.=m IDS •ma IO e•• omen W IA A.m :w YAM MO NM OM W� MOO O▪ 130.1 WO MONO WOOL 111M. O 910i10A13 WOW 24. 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SNaLTAEMS1 911365kAll Mild WO ? i f 1 p " •.A m H NJON I ouuaain-auv ! � ____ N1.1 ZI31VYi1Tus Eva= aV W b13.1.NEV Vtli GitIV M 15 4 �Y-yl1 fy g 2 4t s 1 i5 z 4 i to X 1 5 F O g a III 1 "' _jil III 1 A!I_III 11.11 II III im IN ikOg t i — _ lV ilhi II III11211 11 sit , P iE tgagzaa — "PBS PO — 6:£g 01 EN @at i° Z 4 fle o 0 Z1 NI p III I lit II 1 3 -___-_-: HI")0 f t I i'---.-: 5IV 5 § /I ii 2 111— ,lid II l _ — [p a IV o 3 ±'ya �ao 6 ¢pp f Nil g iElig a .o. e a duce F SO CC 0. 0.0 m CV\ONO\ 00 00\ INS\0S000ro9\ Memo To Planning Commission /1.- From Steve Russell, Community Development Director Date January 5, 2006 Subject Zoning Text Amendment Establishing Conservation District Design Guidelines Case No ZAT/06-01 Background In July 2005, the City Council directed the preparation of design guidelines to regulate new infill development in the older part of Stillwater A committee comprised of members from the City's Heritage Preservation Commission and Planning Commission was established to work with consultants and staff to prepare the guidelines From August through December 2005, the committee held several meetings to prepare the attached draft guidelines A public meeting was held December 14, 2005, to present the guidelines and receive comments At that meeting, several people spoke in support of the guidelines with some suggestions that the "infill" guidelines should be expanded to significant l renovation That comment will be taken into consideration but the suggestion is at this time beyond the scope and direction of the draft guidelines The guidelines will be used to guide and review new infill development to encourage and ensure a better fit with the character of the City's older neighborhoods Briefly, the guidelines are organized in three sections, Neighborhood and Streets, Building Site and Architecture Detail Examples of good and bad are provided along with a planning application checklist The guidelines would be administered by planning staff with public hearing review and decision by the Heritage Preservation Commission The guidelines would be implemented in the Conservation Overlay District Area established by the Zoning Map Amendment, Case No ZAM/06-01 Recommendation Decision on approving and recommend Conservation Design Guidelines to City Council Attachments Stillwater Conservation District Guidelines Stillwater Conservation District Design Guidelines January 9 2006 Table of Contents Introduction 4 • Conservation District Purpose and Map • Design Review Purpose • Guidelines Purpose • Conservation District Area Background and History Design Review Process • Types of projects needing review • Design Review considerations • Design Review process steps o Initial Review Meeting o Application and Design Checklist Submission o Planning Staff Review and Report o HPC Public hearing o ApprovaUConditional Approval/Disapproval o Building Permit o Appeal o Enforcement 6 Design Guidelines 8 A Bnef History of Stillwater Architectural Styles Stillwater Architectural Styles • Neighborhoods and Streets 12 o Massing and Scale o Rhythm and Streetscape o Roof Forms and Height • Building site 15 o Designing with natural features o Building features and design o Building size relative to site o Garage location and character • Architectural Detail 20 o Facade doors, windows and proportions o Details supporting style o Matenals, textures and color o Good Neighbor Considerations • Summary 24 Appendix o Design Checklist and Application Form o Conservation District Map o Stillwater Neighborhood Historic Architectural Surveys and Map o Resources o Acknowledgements Stillwater Conservation District Design Guidelines 3 Introduction Stillwater, the `birthplace of Minnesota", is a historic town with a rich and varied character and architectural heritage Influenced by its presence on the St Croix River and its unique - —topography, Stillwater's neighborhoods and streetscapes showcase a range of residential architectural styles Much of the architecture thatmakes Stillwater unique was developed in the prosperous Lumber Period of the late 1800's, ranging from modest worker's houses to elaborate 19th century "lumber baron" mansions Conservation District -A Residential Conservation District has been -— established to help protect and preserve the unique character of Stillwater's residential neighborhoods, by regulating and providing Design Guidelines for new milli development within the District Its purpose is to conserve the traditional neighborhood fabric, guide future infill development within the district, and discourage unnecessary demolition of structures that contribute to the district's historic character A Conservation District helps preserve local character, neighborhood pride, and property values It also helps promote and sustain a diverse and affordable range of homes, and the general economic vitality of the area In the Conservation District, new construction projects are'reviewed)using standards that emphasize compatible development in terms of size, massing, and relationship to the larger neighborhood context, and to a lesser extent, specific architectural features Design Review Purpose The purpose of the Design Review is • Establish a method by which those involved or affected by new residential construction in the District can work together to preserve that which makes Stillwater's neighborhoods unique • Provide guidelines to help educate and inform the public about key issues regarding history, neighborhood and design context in new infill development • Promote "Good Neighbor" considerations for new infill projects regarding design relationships and privacy of adjacent properties See Appendix for more detailed map Design Guidelines Purpose These Design Guidelines serve as a common reference for all those involved in the process of new construction in the District • Property Owners, Neighbors and Residents • Architects, Designers and Builders • City Staff, Heritage Preservation Commission and City Council members The guidelines are intended to serve as a framework to guide the design process, while allowing for individuality and creativity in architectural design Stillwater Conservation District 4 Design Guidelines Introduction Stillwater Conservation District Area Background and History The area included in the Stillwater Conservation District was built between 1843, when the first lumber sawmill was constructed, and 1914 when the,last log floated down the St Croix River During this era (1843-1914) Stillwater was a typical 1`arge nineteenth century lumbering community - a place where logs were shipped and lumber was cut to build cities as distant as St Louis The Conservation Distnct is a unique, pedestrian -oriented area with porches, mature landscapes, sidewalks and boulevards, built before the age of the automobile The Conservation District is intended to conserve the character of these older, nineteenth century residential structures and historic neighborhoods In the first three decades of Stillwater's existence, most of the building took place downtown, in "the original bowl" as it was called However, during that time, the more affluent built their homes on the hillsides surrounding downtown —above the fray The remainder of the old city was built in the 1880's and 1890's-when the national economy and the lumber business was good Although the neighborhoods have a range of residence sizes, there is a preponderance of smaller houses (many since added ontoYthat served working and middle-class residents While people think of Stillwater in terms of as "lumber baron mansions," the smaller vernacular houses deserve equal attention in evaluating new construction design Original Stillwater Neighborhoods • North Hill bounded by Downtown on the east and south, by Laurel Street on the north, by Fifth Street on the west • South Hill bounded by Downtown on the north and`east, by Willard Street on the south, by Fourth'Street on the west • West Hill bounded by Downtown on the east, by Sixth Street on the west, by Myrtle Street on the north, by Pine Street on the south Within the Conservation District, there are a few neighborhoods which merit particular consideration Pine Street In the late nineteenth century, Pine Street was considered the finest address in the city Today it likely has the best concentration of large well-preserved homes of any street in the city Infill on Pine Street should be subject to particular care Holcombe's Additions Located between Greeley Street and Holcombe Street, between Willard Street and Hancock Street, is the oldest residential area of the city outside of Downtown Typical of the 1850's and `60's, most of the homes were small, and many of them have since been replaced with newer housing Infill housing, particularly those adjacent to the older houses, deserve special attention and care Dutchtown Dutchtown, or Charlottenburg, was a isolated community for much of the nmeteenth century built around the Schulenburg & Boeckeler Lumber Company It was the classic "company town" with almost all small houses of two and three rooms, for laborers at the mill Today most of the houses have been replaced or enlarged, while the narrow streetscape still recalls its history In the design of new construction, the historical antecedents of this area should be considered Stillwater Conservation District Design Guidelines 5 Design Review Process Design Review Public Hearings are conducted by the City of Stillwater's Heritage Preservation Commission (HPC) The seven member HPC is appointed by City Council, and meets on the first Monday of every month The HPC members are chosen for their interest and expertise in - —historic preservation — — - Projects Subject to Design Review Design Review Process Infill new construction in Stillwater's Conservation District requires Design Review Infill projects are new residential or sk commercial structures built on undeveloped- 'v lots or previously occupied lots (where an existing structure exists and would be demolished), within the district The HPC uses the Design Review Guidelinespresented here to review proposals Additions and alterations to existing buildings are not subject to design review However, it is suggested that the design guidelines presented here also be used asa guide in the design of additions and alterations, given the impact such renovations rnayyhave on adjacent residences, the streetscape and the neighborhood Note that all development in the Conservation District is subject to CA* Zoning Regulations for the site Zoning for,Conservation District sites is Single Family Resident RA, Duplex Resident RB or General Commercial CA (The Downtown is reviewed by the HPC using Downtown Design Guidlines ) Design Review Considerations Key elements of Design Review are • Massing, scale and roof forms • Design character in relationship to neighborhood, street, and adjacent houses • Siting and existing natural features • Details, Color, Materials, Landscaping The goal of the guidelines is to help infill projects become a "good neighbor" by enhancing the unique character of the neighborhoods, the visual harmony of the streetscape, and the prevailing patterns of neighborhood houses 6 1 Initial Review Meeting Applicant meets with City Planning Staff The goals and intent of the Design Review process will be explained, along with the guidelines, application requirements and schedule 2 Applicant Submission Applicant submits completed Application and Design Checklist The checklist indicates how the proposed mfill development will relate to adjacent neighbors' houses, the streetscape and the neighborhood (this form is included in the Appendix of this book) Required scaled drawings include • Site Plan include location of proposed building(s) on property, lot area, indicate impervious surface, property lines, street/sidewalk location and approximate location of adjacent structures Indicate proposed outdoor deck/patio and landscaping features • Building Plan dimensions, first floor area square footage • Building Elevations indicate building height, windows, materials, and color on all elevations Indicate proposed exterior lighting • Photographs of site and streetscape • Regular Planning Department Development Application Form The design application should be submitted according to current deadline and meeting schedule, which can be obtained from the Planning Department Stillwater Conservation District Design Guidelines Design Review Process 3 Planning Staff Reviews Project and Prepares Report This report will be sent to applicant and the HPC 4 HPC Design Review and Public' Hearing The HPC shall hold a public,,, hearing on all infill design review applications The public will be notified in the local paper and notice sent to property owners within 350 feet of the site At the meeting, the applicant -will present the proposed infillafter discussion and public input, the HPC.will either approve, approve with conditions, or disapprove the proposed design 5 Approval When the application is approved, a Design Permit will be issued by the Planning Staff to theapplicant, and Building Department 6 Appeal The applicant, if not satisfied with the HPC action, may, within 10 days, revise and resubmit the application to the HPC or appeal the decision to City Council 7 Building Permit Once approved, the plans may be completed and submitted to Building Officials for Building Permit review At this point the plans will also be reviewed for Design Permit compliance by the Planning Staff 8 Enforcement The Community Development Department will monitor compliance with Design Permit approval Violations are enforced in accordance with City's Zoning Ordinances Designleview Goals and Intent In summary, the Design Guidelines and Design Review Process should not be overly restrictive or burdensome to the applicant The guidelines are intended to provide a flexible framework of design considerations that can help educate and guide the infill of our unique existing neighborhoods with new structures This process cannot guarantee good design, but ideally will prevent infill that is insensitive, incongruous or detrimental to the nearby homes and the neighborhood Applicants are encouraged to consider the impact of new infill construction and what it means to be a "good neighbor" to adjacent houses, the established streetscape, and the overall neighborhood character Design Review Process Summary 1 Initial Review Meeting with City Staff 2 Complete Application and Design Checklist*, submit with drawings according to current schedule 3 Planning Staff review and report to HPC 4 HPC Design Review and Public Hearing Approval, approval with conditions, or disapproval 5 If approved, Stab will issue Design Permit 6 Submit for Building Permit 7 If dissatisfied with HPC action, revise and resubmit, or appeal to City Council *See Appendix for Application and Design Checklist Stillwater Conservation District Design Guidelines 7 Design Guidelines Stillwater Architectural Styles 1879 Panoramic View of Stillwater courtesy of Empson Archives Early History The general layout and plan of Stillwater was based on models evolving since the platting of the first towns -of -New England The original plat of rectilinear streets and blocks organized residential and commercial development roughly parallel to the St Croix River Later additions to this central downtown area were laid out according to standard north/south survey lines, resulting in a shift of the grid of city blocks Small lot sizes allowed dense development of residential and commercial uses, with larger buildings required to occupy multiple lots Stillwater's numerous ravines and steep hillsides created breaks and discontinuity in the grid, opening valuable green spaces, views, and overlooks Often, prominent bluffline sites became the building locations for the ctty's most notable civic structures and residences Locally milled white pine framed and sheathed the buildings, and locally quarried limestone formed most of their foundations Architectural Styles Many of the first structures built in Stillwater were vernacular workers' houses, designed and built by local carpenters Labor was cheap, but materials expensive, so the houses were often small, 1-1/2 stories, with gabled, wood shingled roofs Most original houses were simple rectangles, but soon porches and other additions were made to increase living space, forming the familiar "L" shaped plans that we see today With the use of architectural pattern books, more sophisticated styles popular in other parts of the country became common in Stillwater Greek Revival, Italianate and Gothic Revival were among the first to take root in the 1850's-1880's, followed by the popular "Victorian" styles in the 1880's- 1900's, including Second Empire, Stick Style, and Queen Anne The following pages introduce and briefly describe several of the most common styles seen in Stillwater Stillwater Conservation District 8 Design Guidelines Design Guidelines Greek Revival (1845-1880) The Greek Revival style emulates the Greek Temple with proportion and formal arrangement It was popular with both public and domestic architecture in the mid - nineteenth century The designs of the Greek Revival could be very simple or complex depending on the level of articulation Most in Stillwater were detailed simply Characteristics may include • Primary low-pitched gable -roof with returns at the eaves • Square or rectangular plan • Single or 1-1/2 story massing • Prominent, proportional columns and pilasters • Secondary (flat) roofs over porches, portico at entry • Entry door with sidelights and narrow transom • Simple, flat tnm at corners and frieze board beneath eaves • Evenly spaced windows Stillwater Architectural Styles 19th Century Vernacular (1845-1910) Vernacular Houses of the 19th century are numerous in the district, modestly sized, and of simple construction They may have been designed by carpenters or by the owners themselves, and built with locally milled and manufactured products These houses originally had minimal ornamentation and often have very simple plans and elevations Local examples are often 1-1/2 stories Characteristics may include • Front gable or side gable • Rectangular or L-shaped plans • Close proximity to neighboring houses • Lap siding • Minimal ornament — of standard millwork (turned or stamped) • Standing seam steel roof material or wood shingles • Receding or minimal additions at rear • 2 over 2 double -hung windows, vertically proportioned • Chimney in center between rooms Stillwater Conservation District Design Guidelines 9 Design Guidelines Stillwater Architectural Styles Itahanate (1850-1885) The Itahanate style was commonly built in Midwestern -cities -in-the-mid-to-late-19th_— century Often these houses are two or three stories Italianate houses follow a more casual interpretation of ideas that influenced the formal Italian renaissance houses of Europe Much effort was given to the decorative -" elements, especially at window & doo`r' openings and eave details Characteristics may include • Low pitched hip (often truncated) roof • A square plan • Full two story massing • Symmetrical prrangem. ae, nt of windows entrY • A porch roof `Caried by square posts (with chamfered corners), which rest on low pedestals • Single or paired brackets at eaves • Decorated,comice line • Elaborate wuidow and door trim Queen Anne (1880-1910) The Queen Anne style became popular toward the end of the 19th century and continued into the first decade of the 20th century Pattern books, mail-order plans, manufacturmg, mass production and distribution were popularizing the notion of architectural style Manufactured products, doors, windows, and spindles, were used in a more decorative manner Decorative patterns of masonry and wood siding materials are also common in the Queen Anne style Characteristics may include • Multiple steeply pitched roofs • Asymmetrical plans and facades • Porches with lathe -turned and sawn true • Numerous ornamental elements • Variety of window shapes and sizes • Textured wall surface treatment • Extended, decorated upper gables • Patterned masonry chimneys Stillwater Conservation District 10 Design Guidelines Design Guidelines Gothic Revival (1840-1890) Steeply pitched central gable or pairs of small gables, Dormers as extension of walls, pointed or arched windows, vertically enhanced proportions `e t Fy French Second Empire (1850-1885) Mansart roof (straight, flared, concave, or convex), Molding/trim at the break line between roof planes, scrolls at sill of window trim, Italianate cornice, brackets, and cave details Stillwater Architectural Styles American Foursquare (1900-1930) - Typically 2 or 2-1/2 stories, relatively square plans, regular facade, low pitched hipped roofs, with hipped dormers, full- length front porch with square columns East Lake -Stick Style (1870-1890) Steep roof pitches, multidirectional wall texture (usually of board siding), exposed gable trusses, rafter tails and bracketing Stillwater Conservation District Design Guidelines 11 Design Guidelines Stillwater's neighborhoods are composed of pedestrtan,onented streetscapes with a wide variety of architectural styles Originally, some neighborhoods were populated with modest homes of laborers, while others had more elaborate residences surrounded by open spaces Gradually, many of the smaller homes were modified and added onto, ai d'many open spaces and vacant lots were infilled with a variety of homes The result is an eclectic mix of residential styles and sizes that can be seen on most streets within Stillwater's Conservation Distnct One primary Design Guideline goal is to hehpv new infill structures -relate to their streetscape and neighborhood, as well as to individual houses adjacent to the infill site The intent of these guidelines is not to provide a strict set of rules, but rather general design considerations and principles to help guide development of these sites The next section contains the Desigia Guideliines for infill lots These Design Guidelines are organized by Neighborhood and Street/(Guidelines 1-5), Building and Site (Guidelines 6- 15), Architectural Details (Guidelines 16-20) and Good Neighbor Considerations (Guidelines 21-27) Neighborhoods andSt>reets Consider neighboring structures on infill Tots Guideline # 1 Massing and scale of a new building should be compatible with neighboring structures The massing and scale of new buildings should try to follow the predominant pattern of the neighborhood Special consideration should be given to adjacent structures, especially if they are consistent with the pattern of the neighborhood The scale and volume of the new building should respect its context and adjacent neighbors, not overwhelm them or stand out due to inappropnate size A well designed building and site has a proportional relationship with adjoining properties and maintains the rhythm and scale of the streetscape by using similar massing, proportions and details Stillwater Conservation District 12 Design Guidelines Design Guidelines Appropriate infill New house maintains overall massing rhythm sideyard spacing and aligns with predominant street setback ti Guideline #2 Respect the existing rhythm of then� streetscape d.� t New Infill construction should attempt to maintain the existnwoverall pattern and rhythm of the streetscape z aw` Uniform narrow lots naturally set up a strong rhythm on the streetfront, and many design aspects of new construction should be considered in relating to that rhythm Building massing, scale and onentation, roof forms, porches, building setbacks, garage and driveway locations, and landscaping all can contribute to the new structure's compatibility with the existing pattern and rhythm of the streetscape 6 Neighborhoods and Streets 1ppropnate Infill New house is more massive cis, s rhythm along street and does not follow existing alignment Guideline #3 Follow alignment and setbacks predominant on the street and adjacent properties One important component of street rhythm is the building -front alignment and setback from the street and boulevard On many blocks, there is a predominant setback or alignment that, when followed, helps reinforce a feeling of unity on the streetscape In most cases, relating to the predominant alignment is appropriate, even if some existing structures may not follow it Varying lot sizes, corner lots, and other considerations should be examined on a case -by -case basis to determine where, and to what degree variations from setbacks are appropriate Stillwater Conservation Distract Design Guidelines 13 Design Guidelines Neighborhoods and Streets Appropriate infill Roof forms height and dam_ I are compatible Guideline #4 Design new roofs to be compatible with forms of existmg roofs in the neighborhood Y T The perception of scale, massing and the rhythm of a building is greatly affected by its roof form and height y Inappropriate Infill Roof forms are not compatible large unbroken surfaces ti Though a variety of roof forms may be seen on a street, the new building's roof should appear compatible in scale, pitch, orientation and complexity to those surrounding it Oversized roofs due to unduly massive building volumes, or large unbroken roof surfaces parallel to the street, are examples of roof forms to be avoided If the infill building is larger than those nearby, consider adjusting the massing to allow the larger roof forms to be more articulated and broken down into smaller, well -scaled components Guidehne #5 Building height should be considered in choosing roof forms, architectural style, and relating to context Building height alone isn't adequate in considering the relationship of adjacent structures Two buildings of the same height can be perceived quite differently in terms of scale and compatibility, depending on the overall massing ofthe building, its articulation and its roof forms Certain architectural styles are more appropriate than others when considering roof forms that fit a site and its context Consider the pitch, slope and orientation of primary gables, and the use of hip roofs, in adjusting the apparent building volume, mass, and height, as appropnate to building style and context Consider using projecting elements, roof forms, shed roofs, dormers and gables, when appropriate Stillwater Conservation District 14 Design Guidelines Design Guidelines Building and Site In Stillwater, many sites have natural features, sloped topography, and existing mature trees Building and site design should respond to and be mftilenced by natural features, adapting the building to the land rather than the land to the building Appropriate Adjust the building to respect existing vegetation and slope u Guideline #6 Building and site design should respond to natural features Locate buildwg forms on the site to work with existing significant trees, slopes, and other natural features Consider locations of w a]ks, rinvew ays and'garages that will minimize site disruption, erosion or damage to nearby or adjacent root systems Guideline #7 Respect the site's natural slope in new budding design minimize cut, fill and retaining walls When possible, locate structures to follow the natural contours of the property Organize the building's massing to step down and work with the gradient, rather than creating an artificially flat building pad with abrupt retaining walls (Note refer to City's Slope Ordinance for restrictions on slopes greater than 25%) I m nEl sem imam 11111111111111111111 lnappropnate Clearing the site using cut and fill and retaining walls Guideline #8 When retaining walls are necessary, minimize their impact Design of retaining walls should minimize grade change by creating gradual steps or tiers Consider the form and material of existing walls m the neighborhood, especially where visually prominent (such as along the boulevard and street frontage) Use landscaping to soften and minimize visual impact Guideline #9 Preserve significant trees The design and siting of the building should consider existing trees on site and immediately adjacent Consider the tree canopy and root zone, and avoid excessive removal of topsoil from building site Consider permeable materials for paths and driveways in sensitive areas Stillwater Conservation District Design Guidelines 15 Design Guidelines Building and Site Most homes in the Conservation District were originally built without garages Often, detached garages were added in the back yards, with the house facade emphasized at the street front Garage and driveway location and design character has an important impact on site, building design and compatibility with the neighborhood Special consideration should be given to size, mass and location of the garage in new construction, and its relationship to the building and the immediate streetscape Appropriate Recessed garage is downplayed emphasizing house at streetfront Guideline # 10 Locate garage and driveway to respect existing street and neighborhood patterns Because of the impact garage location has on streetscape and building massing, consider existing neighborhood garage/ building/site relationships in new infill site and building design Garage design should relate strongly to the main structure nappropnate Garage dominated snout house Guideline #11 Minimize garage impact on new structure massing and street front Design the garage to set back and defer to the main building massing Consider tandem garages, or side -loaded or backyard garages where site permits Avoid oversized garages that dominate the site and street frontage on narrower lots Consider dormers, windows and other design elements to help break up blank garage roof forms or walls Single garage doors are prefered over double garage doors Minimize driveway paving area Stillwater Conservation District 16 Design Guidelines Design Guidelines Building and Site Many areas within the Conservation District have buildings that are relatively consistent in proportion to their site size This proportion of building to site contributes to a sense of unity on the block, and is related to Guideline #1 Appropriate Footprint of building maintains scale and pattern of neighbor`^nri Inappropnate Oversized footprint of building ignores scale and pattern of neighborhood and neighbors open spaces Guideline # 12 The size and mass of the structure should be compat.ble with the size of the property Consider the open space around a structure, and how it relates to the pattern of the neighborhood Provide enough space to allow for sunlight and air, enhance privacy, and preserve the character of the neighborhood By using less than the allowed maximum lot coverage, and by varying the building footprint within the required setbacks, a more interesting structure can be created, with a variety of outdoor spaces Maximizing lot coverage and building out to setbacks can result in a structure of inappropriate bulk and mass, relative to the streetscape Stillwater Conservation District Design Guidelines 17 Design Guidelines Building and Site Front porches are generally desirable design elements in;new structures Front porch elements are found on many of the District's" homes,; both large and small, helping provide a transition from the public street to the private realm of the house 'Pitches help break down the scale of a front facade, and encourage interaction between the street and House Guideline # 13 Consider front porch elements in the design of infill structures Part of the rhychm`of the existing streetscape may include front pore elements, including open or enclosed single story porches or minimally, entrance porticos New infill structures should reflect the pattern of the neighborhood and adjacent structures with respect to porch elements and design Guideline # 14 Accessory buildings should be compatible with the mam building Accessory buildings (including garages) should strongly relate to the main building design, including roof pitch, windows, trim details and materials This relationship increases in importance with the visibility of the accessory building from the street Accessory dwelling units, where allowed, can promote affordable housing and flexible living arrangements Stillwater Conservation District 18 Design Guidelines Design Guidelines Appropriate Details are consistent on all sides /PIT Guideline # 15 Design and detail new construction,4as four-sided architecture Four-sided architecture means the building's style, design and detail is consistent on all sides, not just the front fa9ade It recognizes that all sides of a house are visible and affect the neighborhood, especially those sites adjacent Four-sided architecture, regardless of style, is also more,authentic, bringing a character that is more consistent with the character of existing four-sided design in the neighborhood Roof forms, location and style of window openings, siding materials and texture, trim and detailing all play a role in creating consistent, honest, four-sided design Building and Site Inppropriate Details and material use are not consistent Stillwater Conservation District Design Guidelines 19 Design Guidelines Architectural Details Some architectural details and building elements can have a strong effect on the perceived compatibility oof a house with the streetscape Although building massing, setbacks, and height may have a primary role, the careful use of details, materials, color and lighting can also help the new structure's fit m the neighborhood Appropriate Window openings and trim are proportional to building and solid wall surface Guideline #16 The facade of the structure] should be compatible in scale and character to the houses of the streetscape Window and door placement, proportions, and size can affect a buildings compatibility with adjacent structures If the houses on the street tend to have a consistent vertical or horizontal emphasis in their facadelements, this should be incorporated in the new structure design Not appropriate Windows and trim are not proportional to the building lacking detail Guideline # 17 Building elements should be proportional to the scale and style of the building, and its context Building facades should provide visual interest and a sense of human scale Door and window proportions should relate to the style of the building, and facade design and detail should be consistent in all elevations of the structure (see Guideline #15) Tall narrow window openings are appropriate with some traditional styles of architecture, while larger openings may fit more contemporary styles Avoid large area of blank walls, disproportionate gables sizes or shapes, minimal detailing Features such as bay windows, bump -outs, dormers, and masonry chimneys can help add detail and enliven facades Stillwater Conservation District 20 Design Guidelines Design Guidelines Architectural Details A creative use of architectural details is encouraged m new construction Details that develop and support the architectural style of the house will enrich the appearance of the house and help its fit with traditionally detailed homes in the neighborhood 6 OVER 0 SASH DOUBLE HUNG WINDOWS GABLE ROOF FRIEZE TRIM FASCIA TRIM EAVE RETURNS LAP SIDING SHED PORCH ROOF COLUMNS 2 PANEL DOOR WATER TABLE TRIM Guideline # 18 Use architectural details to create visual interest and support architectural style Architectural details, such as columns, brackets, rails, window, door and corner trim, watertable and horizontal banding, frieze and fascia boards can greatly affect a building's design and compatibility with adjacent structures An absence of detail, especially in traditional styles, conveys a sense of cheapness or lack of authenticity Stillwater Conservation District Design Guidelines 21 Design Guidelines Architectural Details Materials usage, texture and color also affect the appearance of a new structure and can play an important role in developing the architectural style, and whether the new building fits well within the streetscape and neighborhood Narrow lap siding is common in older houses Guideline # 19 In new building design, consider appropriate materials, textures and colors, and their relationship to other buildings of the neighborhood Developing a relationship of building materials to prevailing materials of the streetscape can help unify old and new structures of the neighborhood Traditonal matenals may include wood, stucco, stone, brick, and shingle siding The use of natural materials, rather than simulated, is preferred Color, though a matter of personal choice, should complement the structure and streetscape For traditional styles, consider historic color palettes, often of three or more colors Appropnate nppropnate Guideline #20 Use masonry and stone authentically Masonry and stone materials, especially thin - veneer types, should be used carefully, and m an authentic way Their primary use as a foundation element relates well to the traditional use of local limestone and brick in historic Stillwater structures A secondary use may be enclosing exterior chimney massing, starting from the grade up When masonry and stone is used as cladding for wall elements, care should be taken to define building mass elements with it, typically terminating it at inside corners (see also guideline #15) Stillwater Conservation District 22 Design Guidelines Design Guidelines Good Neighbor Considerations Many of the design guidelines presented here are based on the simple goal of helping a new tnfill project be a "good neighbor " to adjacent existing houses and neighborhood In addition to visual design compatibility, other considerations should be addressed, Including maintaining privacy, access to views, light and air, and dramage issues lnappropnate Intl!! Tall mass may obstruct sunlight to adjacent yards Guideline #21 Locate taller portion ofbuildings to minimize obstructioivof sunlight to adjacent yards and rooms --> Guideline #22-4 s v Consider neighbor's views m placement and size of new building elements Guideline #23 Windows, balconies and decks should be located to respect privacy of neighboring properties Guideline #24 Consider usmg landscape elements and fences to buffer views and maintain privacy between properties Appropnately shielded fixture with motion sensor Guideline #25 Minimize the impact of exterior lighting on adjacent properties Use recessed downhght fixtures or shields Avoid floodlights and non- shielded point source lights Use motion sensors and timers to control fixtures Guideline #26 Design grading and impervious surface drainage to minimize water run-off impact on neighboring properties Guideline #27 Contain debris and respect noise restrictions during construction Stillwater Conservation District Design Guidelines 23 Design Guidelines Summary The applicant submitting for new construction infill projects is encouraged to begin the process early, meeting with -planning staffto better understand the concerns and questions that may be raised during the review process These Design Guidelines are intended to provide background on the special nature of the Conservation District, and a common basis and framework for evaluating proposed designs The Design Review Process is intended to help the applicant understand the Design Guidelines, improve the quality of design, and provide afPublic'Hearing in which concerns of neighbors and_ those affected by the mfill can be heard Stillwater is a unique city, defined by a combination of natural features, historic neighborhoods and streetscapes that showcase a rich architectural heritage The Stillwater Conservation District is intended to help preserve the character and features that make these neighborhoods so memorable ` & 1879 Panoramic View of Stillwater courtesy of Empson Archives Stillwater Conservation District 24 Design Guidelines Stillwater Conservation District Map 3ro JCOAK HILL) CT N as wns creek AL z ke c MEAD PUPLA V MOORE OAK o ST i'�w•;,rpF W fAAC MI IN i—im..27,-1-10,FAHILinrit- = L I l y a Al C C I 1* tL SAN "to , ul OW hob m ;!I! I a \ Q U ER 63 +T N L �OZ ,/ vy Stillwater Conservation District 1• WING OTTER CIR N 0 Z •'� wI•LEANS z � U 0 J w T NDER 3- 0 CA ORLEANS r Stillwater Conservation District Design Gutdelmes Stillwater Neighborhood Architectural Survey Map J ]AK HILL CTON xQ Ys O F zMALL DR Z DOWLAR NNY Vi ST 0 Lily _..k NG Y LN Rx • LINDEN Cre HA POPLAR W MOORE ST 1� ' _ INS ST. CRO1%a 1.1116 ENI r ill MAPLE _ LP ■ VE IN dal' awarown r IlinoteloiV immffluiprimmoi e Milli 56.11611141 INNER ANS T W ORLEANSN!WA �\ Q U ¢ \ U�-ER63T N. STILLWATER NEIGHBORHOOD HISTORIC ARCHITECTURAL SURVEY A DUTCHTOWN ADDITION B CARLI AND SCHULENBURG ADDITION C STAPLES AND MAYS ADDITION D NORTH HILL (ORIGINAL TOWN) E GREELEY ADDITION F SOUTH HILL G HOLCOMBES ADDITION H WEST HALF OF THE CHURCHHILL NELSON SLAUGHTER ADDITION I EAST HALF OF THE CHURCHHILL NELSON SLAUGHTER ADDITION J HERSEY STAPLES ADDITION Lao -LEANS R Stillwater Conservation District Design Guidelmes Design Review Application and Checklist This Design Review Application and Checklist should be submitted with a City Planning Application Form Contact Stillwater City Planning Office 651-430-8821 City Hall 216 N 4th St Stillwater, MN 55082 www ci stillwater mn us Project Address 5--Prevailing Garage Location pattern in Apphcant name, address, telephone Neighborhood Architectural Styles Vernacular ❑ Queen Anne ❑ Greek Revival ❑ Amencan Foursquare ❑ Other Italianate Gothic Second Empire Stick 2 Prevailing neighborhood streetfront setback (Guidelines #1, #2, #3) Prevailing setback on block (est ) Average setback on block (est ) Proposed new house setback 3 Is the pattern of homes in your neighborhood 1, 1-1/2, or 2 stories high? (Guidelines #4, #5) Stories House on right House on left House to rear Prevailing on block Prevailing opposite block Proposed new house 1 1-1/2 ❑ ❑ ❑ ❑ ❑ p ❑ c ❑ ❑ ❑ F . v ❑ ❑ ❑ ❑Y 4 Prevailing Front Porch pattern in your neighborhood House on right House on left House to rear Prevailing on block Prevailing opposite block Proposed new house Notes (Guideline #13) ,,Front Porch ❑ x Ok 1^ None 0 Mouse on right `House on left House to rear `Prdvailing on block your neighborhood (Guidelines #10, #11) Front Rear Side Garage Garage Garage House on right ❑ ❑ ❑ House on left ❑ ❑ ❑ House to rear_ _ - ❑ - _❑_ ❑ Prevailing on block ❑ ❑ ❑ Prevailing opposite block ❑ ❑ ❑ Proposed new house ❑ ❑ ❑ 6 Prevailing Garage Size in your neighborhood- (Guidelines #10, #11) 1 stall 2 stall 3 stall Garage Garage Garage 0 0 0 ❑ Prevailing opposite block ❑ ❑ ❑ Proposed new house ❑ ❑ ❑ v 3 7 Is the proposed garage compatible in 2' `form and detail with the design character ❑ of the main house? (Guideline #14) 8 If the proposed structure/garage location, setbacks, size or general design character does not fit prevailing neighborhood patterns, how do you propose to reduce its impact on the neighborhood and streetscape9 Stillwater Conservation District (p 1 of 2) Design Guidelines Design Review Application and Checklist 9 Does the proposed structure work with natural slopes and contours of the property' (Guidelines #6, #7, #8) ❑ Structure sited parallel to slope u Building deigned to reduce cut and fill (minimized retaining walls) ❑ Landscaping incorporated into grading changes Notes 10 Are there significant trees on the property' Will any trees be removed or damaged by new construction' (Guideline #9) ❑ Types of trees u Heights ❑ Trunk diam Notes ? Good Neighbor Considerations 1 Will the proposed structure significantly affect your neighbor's access to sunlight in adjacent yards, patios or rooms' (Guideline #21) House to right House to left House to rear Notes How will you mitigate any negative sunlight impacts on neighbors' ❑ Locate structure on lot to minimize impact u Adjust building height, or portions of building, to minimize impact ❑ Other 2 Will the proposed structure significantly affect your neighbors' prrvacy'(Guidelmes #22, #23) House to right House to left House to rear Notes How will you`tnitigate any negative impacts on neighbors' privacy' ❑ Offset/locate windows to reduce impact u Use obscure glass in window ❑ ° Locate balconies to minimize impact +] Use landscaping elements for screening ❑ Other 3 How is outdoor lighting impact minimized for neighbors'(Guidehne #25) ❑ Lights are located or directed away from neighboring property ❑ Light fixtures are shielded to prevent glare at neighboring property u Other To be included with this Application and Checklist ❑ Site Plan include location of proposed building(s) on property lot area, indicate impervious surface property lines street/ sidewalk location and approximate location of adjacent structures Ind►cate proposed outdoor deck/patio and landscaping features O Building Plan dimensions, first floor area square footage ❑ Building Elevations indicate building height, windows, matenals and color on all elevations Indicate proposed exterior lighting ❑ Photographs of site and streetscape ❑ Regular Plannmg Department Development Application Form Stillwater Conservation District Design Guidelines (p2of2) Design Guidelines Resources Most of these resources are available at the Stillwater Public Library, or through the Washington County Library System Stillwater historic contexts a comprehensive planning approach Robert C Vogel & Assoc 1993 North Hill (original town) Stillwater residential area. Norene A Roberts 1995 Final report for the South Hill Stillwater residential area Norene A Roberts, 1996 A history of the Greeley residential area, Stillwater, Minnesota/ "Donald Empson 1997 A history of the Dutchtown residential area, Stillwater, Minaesota.Donald Empson 1998 A history of the Holcombe's addition residential area. Stillwater. Mmnesota Donald Empson 1999 A history of the Hersey Staples addition residential area , Stillwater, Minnesota Donald Empson 2000 A history of the south half of the Carl' & Schulenburr addition residential area , Stillwater, Mmnesota Donald Empson 2001 A history of the West Half of the Churchill, Nelson Slaughter addition residential area , Stillwater, Minnesota Donald Empson 2002 A history of the East Half of the Churchill, Nelson Slaughter addition residential area , Stillwater, Minnesota Donald Empson S � Death of a Dream Classic Minnesota Farmhouses by William Gabler 1997 Guide to the Architecture of Minnesota by David Gebhard and Tom Martinson, 1977 Minnesota Houses by Roger IKennedy_, 1967 A Field Guide to American Houses by Virginia and Lee McAlester 1993 '4! Discovering the History of Your House and Your Neighborhood, by Betsy J Green, 2002 Drafting a House History, by Barbara Bezat, 1979 House Histories a Guide to Tracing the Genealogy of Your Home, by Sally Light, 1989 The Old House Journal (Published bi monthly) 2 Mam Street Gloucester MA 01930 Traditional Building (Published bi-monthly) 69A 7th Avenue Brooklyn NY 11217 Preservation Brief Series` For those interested in preserving older structures, The US Department of Intenor publishes over forty Preservation Briefs on many aspect of building conservation These are available online at www cr nps gov/hps/tps/briefs/presbhom htm Bird's Eve Views of Stillwater 1870 and 1879 Drawn By Albert Ruger Originals in the Washmgton County Histoncal Society Warden s House Museum Reprints available from Empson Archives, PO Box 791, Stillwater, MN 55082 Washington County Historical Society PO Box 167 602 Main Street North Stillwater MN 55082 Telephone (651) 439-5956 WCHS has a significant research collection on Stillwater and Washington County The research library is located in the Carriage House of the Warden's House Museum Stillwater Conservation District Design Guidelines Acknowledgements Stillwater City Council • Jay Kimble, Mayor • Ken Harycki • Dave Junker • Wally Milbrandt • Mike Pohlena Infill Design Guidelines Subcommittee • Paul Teske (Chair) • Robert Gag • Jeff Johnson • Dave Peroceschi • Roger Tomten Heritage Preservation Commission • Howard Lieberman (Chair) • Jeff Johnson (Vice Chair) • Phil Eastwood • Larry Nelson • Brent Peterson • Roger Tomten • Scott Zahren Stillwater Planning Commission • Robert Gag (Chair) • David Middleton (Vice Chair) • David Junker (Council Rep ) • Suzanne Block • Gregg Carlsen • Mike Dahlquist • David Peroceschi • Paul Teske • Jerry Turnquist Stillwater City Staff • Steve Russell, Director of Community Development Consultants • Don Empson, Empson Archives • Brian Larson, AIA, Larson Brenner Architects Credits • Minnesota State Preservation Office • Rivertown Restoration Stillwater Conservation District Design Guidelines r 4 Memo To Planning Commission From Steve Russell, Community Development Director Date January 5, 2006 Subject Establishing Conservation Overlay District Design Review District Case No ZAM/06-01 This item amends the zoning map to establish a special conservation design review district as shown on the attached map The district covers the older portion of Stillwater excluding the Downtown Area that is around the Historic District with Design Review Guidelines This item would help implement and apply the Conservation Design Review District Regulations Recommendation Decision on amendment (recommendation to City Council) Attachments Conservation Design Review District Map OWE !iiii,!ftu ;:;1t muAi e /I Iliiil!:{II �a rimliiiii�iiisfii c _' AlgFnini 1 _ • O ff. �qCi w xi r v}^s +r 1 "n.w .{, y W *rs+t0 �' eS •�' Yr.L4 8,'jtzA i�I.J I'yj 7+ia�! 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J {� ei"' e ti�Xw. i 4 Memo To Planning Commission From Steve Russell, Community Development Director i Date January 5, 2006 Subject Zoning Map Amendment Changing Zoning Regulations for Single Family Lots and Eliminating Multifamily Use (three (3) or more unites on one lot) in the RB Zoning District Case No ZAT/06-02 This item is a component of the Neighborhood Conservation Program The changes are proposed to better regulate new development consistent with the character and uses of the existing conservation district neighborhoods The changes are listed in the attached page With the changes, new multi units, +3 units, condos or apartments, would not be a use allowed in the RB District Existing multifamily structures would remain as legal nonconforming uses Other regulation changes allow more flexibility in siting of structures (setbacks) based on recent variance requests and character of neighborhoods and reduces the height of structures on smaller single family lots in the RB District (current 2 5 stores and 35 feet proposed, 2 stories and 27 feet) A new building lot coverage standard is added to control building coverage to 25 percent (25%) of lot area (for a 7,500 square foot lot, this would be 1,875 square feet of lot coverage) The changes are proposed to regulate a new development consistent with the existing neighborhood character The Planning Commission reviewed the changes at their December 12, 2005 meeting and set the item for public hearing at this January 9th, 2006 meeting Recommendation• Decision on amendment (recommendation to City Council) Attachments Zoning Ordinance amendment changes I Memorandum To From Date Subject Planning Commission and Heritage Preservation Commission Steve Russell, Community Development Director December 8, 2005 Possible Changes in Development Regulations for Conservation District RB District Minimum Lot Size Minimum Lot Width Minimum Lot Depth Minimum Yard Setback House Front Side Corner,side Rear Garage Front Corner side Side Current Standards 7,500 sq ft 50' 100' 30' 10' or 10% lot width 30' 25' 30' 30' 5' Rear 5' Maximum Impervious Lot Coverage 30% Maximum Building Coverage 0 Height Lot Size 2 Stories and 27 ft 21/2 Stories and 35 ft < 14, 999 sq ft > 15,000 sq ft Possible Changes 7,500 sq ft 50' or70' (corner lots2) 100' 20' Total 15' two sides 5' minium one side 20' 25' 30' minium and 10' behind front of house 20' 5' or 3' if garage in rear yard behind house 5' or 3' if garage in rear yard behind house 35% 25% Special Use Permit Multifamily Eliminate multifamily Notes 'For substandard single family residential RA lots in the Neighborhood Conservation District, the RB single family zoning development standards shall be used 2For new corner lots in the Conservation District, the lot width shall be a minimum of 70 feet 1 : F ,14.4 'd '4 n .]�N �;, s v ' 1V Fs `} cat �i1ic ° ,A,V,. M-y,�-ix` �'t iK 1 q- �.�"�h4�:^SiiuNA,..vk'&tip �'�'Y.1 G.�. it .._. x,»s. .'ioc:t�i er ?wit ,- e4': r sewp pii�uilnu nwwN� i t �F kmutfl � 9 ��!j_!�,��] I ffiiifl:lll I �_ (rt�rl� TOThrairil DI El lOt EMI �;I! lfl ! r Ei!iE3a� 1 1114 IIH fjiF1 HMI�Ht_ fi� 11�t�11yC i Memo To Planning Commission / From Steve Russell, Community Development Director r v Date January 5, 2006 Subject Zoning Amendment Establishing a Height Overlay District for Central Business District Case No ZAT/06-03 Background Earlier this year with the review of the Lofts and Terra Springs Projects, the Planning Commission began consideration of the existing height limits in the Downtown The Planning Commission wanted to review heights as they relate to the existing buildings and historic streetscape and the St Croix River The attached staff report was presented to the Commission at their meeting of December 12, 2005 The Commission generally felt that heights needed further consideration and set a public hearing on the height limit changes for their January 9, 2006 meeting The changes would result in height limits stepping up from the river to the base of the hill at Second Street The lowest heights would be next to the river and the highest at the base of the hill surrounding the Downtown (west side of Second Street) The height limits are shown on Map 2 and listed below Proposed Height Limits' Stories Feet Lowell Park/east of BNRR right of way 1 5 20 Water Street to BNRR right of way 2 0 30 East side of 2nd St to Water St 3 0 35 West side of 2nd Street 4 0 45 West of west side of 2nd St 3 0 35 The changes should help maintain existing building by not providing a height incentive to remove buildings for new development in the historic area of Downtown Recommendation Decision and recommendation on height limit changes Attachments Planning Commission staff report of 12/12/05 -2_ Location Map Memorandum To Planning Commission From Steve Russell, Community Development Director Date December 7, 2005 Subject Downtown Height Regulations Last Spring after considering the Lofts and Terra Springs Building No 5 North Main Street projects, the Planning Commission reviewed the City's height standards The Downtown is unique in that much of the Downtown Area east of Main Street is in the Flood Plain and new buildings must be elevated to accommodate possible flood conditions Currently, height standards for the Central Business District are Height of Buildings Maximum 4 stories 50 feet Minimum 2 stones 25 feet InfilI Buildings within 10% of adjacent building For vacant lots with adjacent buildings (next to) an existing building, the standard relates the new building to the height of the adjacent building to fit the new building into the character of the streetscape or site This standard may need to be defined further to clarify its application Based on the physical conditions of the Downtown and Central Business District, some sites can better accommodate tall buildings without adversely impacting views or the character of the site or area while other sites are more sensitive to tall buildings (next to river or Lowell Park) The attached Map No 1 shows area sensitivity to height The areas along the St Croix River and Lowell Park are very sensitive The area between the Lowell Park or old Burlington Northern Railroad right of way and Water Street is highly sensitive The Main Street corridor from Water to Second Streets is dominated with 2 story buildings and is moderately sensitive The block area west of Second Street and east of Third Street has low sensitivity because of its location at the base of the hill and the rising land elevation to Third Street Currently, there is one height standard for the entire Downtown area Based on height sensitivity and to preserve historic character, it is recommended that a height overlay district be established that relates the allowed height of buildings to the site location within the Downtown A draft proposed height overlay distract is presented as Map 2* If the Planning Commission feels this more detailed consideration of height is appropriate and needed to safeguard the historic character of Downtown, a height overall zoning district can be prepared fro public hearing Recommendation Consideration of height review and direction regarding ordinance revision Attachments Height Maps *For the Downtown it is recommended that height be measured from the front street level rather the average finished grade elevation e 721 711 703 ; 316 a t�l DES Location Map — 1 1 424 \NE % 422 422 14411 1 1::: *OAFjffrffz 04 cAAs -Ft vi I l-y Vyie �.,� � IY I a7ow ///''��, T31 N 1 T2 N v oU I. RI9W R22W R21W 9x0W TJON T29N T28N 127N Vicinity Map 0 414 Scale in Feet .i and �A s cinan V.� wm „� 4.. .M y .- ww+.. am c ,n sure w v+�oo�cu,mrswewr rc. Pnm f S � ]06B a msnmws.o�� ..a _.d MA-o Z P Location Map I MEMORANDUM To Planning Commission Fr Sue Fitzgerald, City Planner 4t Date January 9, 2006 Subject Annual Bed and Breakfast Review As part of the Bed and Breakfast Ordinance, the City Council said that "all bed and breakfast special use permits must be reviewed annually by the Community Development Department" There have been few changes in the B & B's since last year There are seven B & B's this year Last year there were ten B & B's The Laural Street Inn, The Heirloom Inn and The Lammers House have closed as Bed and Breakfasts and are all pnvate homes again The Rivertown Inn will be closed until March, 2006, an addition to the kitchen is under construction and the entire building is being remodeled and all new winng A number of the B & B's have been featured in national magazines • BED AND BREAKFAST ANNUAL REVIEW FORM Ann Bean Mansion Date January 9, 2006 Name of Bed and Breakfast Ann Bean Mansion Address 319 West Pine Street Owner Jeremy and Erin Drews — 3/15/05 Number of Guest Rooms 5 guest rooms Special Events Permit A maximum of six (6) events (large functions defined as business meetings, bus tours, bndal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty (20) persons allowed per month Comments The City received one complaint about a wood pile on the west side of the Inn The owners said they were working on drying the basement so they could store the wood The health department has no issues (see attached letter from Angela Wheeler, Washington County Health Depart ) 1 BED AND BREAKFAST ANNUAL REVIEW FORM Aurora Staples Inn Date January 9, 2006 Name of Bed and Breakfast Aurora Staples Inn Address 303 North Fourth Street Owner Cathy and Jerry Helmberger — 7/01/02 Number of Guest Rooms 5 guest rooms Special Events Permit A maximum of six (6) events (large functions defined as business meetings, bus tours, bndal and wedding showers, anniversanes, weddings and wedding receptions, and church functions) over twenty (20) persons allowed per month Comments The City has not received any complaints The health department has no issues (see attached letter from Angela Wheeler, Washington County Health Depart ) BED AND BREAKFAST ANNUAL REVIEW FORM THE ELEPHANT WALK Date January 9, 2006 Name of Bed and Breakfast The Elephant Walk Address 801 West Pine Street Owner Rita Graybill - 7/12/92 Number of Guest Rooms Four guest rooms Special Events Permit No Comments The City has not received any complaints The health department has no issues (see attached letter from Angela Wheeler, Washington County Health Depart ) r BED AND BREAKFAST ANNUAL REVIEW FORM JAMES MULVEY INN Date January 9, 2006 Name of Bed and Breakfast James Mulvey inn Address 622 West Churchill Street Ow, ner Jill and Truett Lawson - 12/9/91 Number of Guest Rooms 7 guest rooms, two of which are in the carriage house Special Events Permit No Comments The City has not received any complaints The health department has no issues (see attached letter from Angela Wheeler, Washington County Health Depart) Three balconies we added on the main building A new roof and furnace were also installed this year BED AND BREAKFAST ANNUAL REVIEW FORM Lady Goodwood Date January 9, 2006 Name of Bed and Breakfast Lady Goodwood Bed and Breakfast Address 704 South First Street Owner Ron Hannig — 4/7/03 Number of Guest Rooms 3 guest rooms Special Events Permit A maximum of six (6) events (large functions defined as business meetings, bus tours, bndal and wedding showers, anniversanes, weddings and wedding receptions, and church functions) over twenty (20) persons allowed per month Comments The City has not received any complaints The health department has no issues (see attached letter from Angela Wheeler, Washington County Health Depart ) BED AND BREAKFAST ANNUAL REVIEW FORM William Sauntry Mansion Date January 9, 2006 Name of Bed and Breakfast William Sauntry Mansion Address 626 North Fourth Street Owner Thomas and Sandra Lynum — 10/21/99 Number of Guest Rooms 6 guest rooms Special Events Permit A maximum of six (6) events (large functions defined as business meetings, bus tours, bndal and wedding showers, anmversanes, weddings and wedding receptions, and church functions) over twenty (20) persons allowed per month Comments The City has not received any complaints The health department has no issues (see attached letter from Angela Wheeler, Washington County Health Depart ) BED AND BREAKFAST ANNUAL REVIEW FORM Rivertown Inn Date January 9, 2006 Name of Bed and Breakfast Rivertown Inn Address 360 West Olive Street Owner Jeff and Julie Anderson — 9/23/99 Number of Guest Rooms 9 guest rooms Special Events Permit Received approval from the Planning Commission (1/12/04) to relocate two guest rooms from the main house to the carnage house Approval was also given for two special events a month, with a limit of 18 people staying at the Inn and 18 other totaling 38 people per event On 11/14/05, the Planning Commission approved a kitchen addition All of the above requests were reviewed and approved by the HPC before the cases went to the Planning Commission Comments The City received a few complaints from a neighbor, but since they appealed the 1/12/04 meeting and were denied, there haven't been anymore complaints The health department has no issues (see attached letter from Angela Wheeler, Washington County Health Depart ) 1 A Guide for New Members Preparedb)the PLANNING COMMISSIONERS JOURNAL They jump mto the middle of their neighbor's busmess, staying up late at night to attend meetmgs, attempting to play Solomon If they had any sense, they'd be at home playing cards Around City Hall they're accorded the title of "planning commissioner " Whether it's an honor or a burden depends on what you are able to make of it Weleom to the C n! - A GuideforNew Members Edited by Wayne M Senville with illustrations by Mark Hughes Project Manager Elizabeth Krumholz Cover quotation from Stephen R-Burt's Being a Planning Commissioner' Planning Commissioners Journal, Issue #24 Pubhshed by Planning Commissioners fournal/Champlain Planning Press Inc P 0 Box 4295, Burlington VT 05406-4295 © Champlain Planning Press, Inc 2000 ISBN 0 9706513-0' 9 Please do not photocopy this Guide Additional copies are reasonably priced and available by calling 1-888-475-3328 (toll free) or by ordenng at www plannersweb com All selections in this Guide are excerpted from articles published in the Planning Commissioners Journal Many of these articles can be ordered and downloaded for a small charge from www plannersweb com TABLE OF CONTENTS First "Daze" on the Planning Board -x., rPart I „'Teti Tips -for New Commissioners page s 2s 1 Listen! s ' 4- 2 Educate Yourself t r 5 3 Be Polite And Patient 6 4 4 Ask Questions m7 5 Do Your Homework =" - 8 41 6 Avoid 'Ex-Parte' Contacts T iwa 9 r� 7 Recognize Conflicts of Interest fw I'0 8 Attend And Contribute 11 9 Be Independent & Informed R µ123 10 Make A Difference ��; �14 1 4 .., -mow .. r.. r.3 k "x .. F ,1'3 / i k.. , ^Y .<., , F PartII The;Planning Universe F" , y ; w �s • The Planning Commission ,, 16 , • The Local Governing Body 18 • Citizens , 20 • Planning Staff ,-, 22, • The Law (and Lawyers) ' 24, h • Developers & Builders - : '26! , , w • The Media 281 N. • Nearby Communities • Some Additional Observations .�=3r0 —q> of" '^k Your Notes .,z„ 32 34, \ A Short Reading List Contributors to the Guide AN INTRODUCTION FROM THE EDITOR First "Daze" on the Planning Board Many planning com- missioners look back_ with a sense of humor at their first days -- or perhaps more accurately first daze - as a member of their planning board - I recall rather vividly my ini- tial commission meeting in part because I had just broken my ankle My movement was tentative and uncertain as I was unable to coordinate the For many new planning board — members its hke entering a strange world with its own special language and rules The primary purpose of this Guide is to help new board members more quickly feel comfortable in their job as a planning commissioner (or in some parts of the country as a plan commissioner ) But vet- eran members should find much of interest as well The first part of the Guide con- tains some tips for your con- sideration Many of the tips are from your colleagues -- that is individuals who have served as planning board members The second part of the Guide introduces you to some of the players in the planning uni verse you re likely to encoun ter along the way -- including most importantly your local governing body But first 1 thought you might enjoy hearing Mike Chandler recount his first days or daze as a member of the Blacksburg Virginia Planning Commission (since that early experience, Mike has moved on to become one of the best teachers of planning skills in the country and author of a regular col- umn in the Planning Commis- sioners Journal) —crutches with my arms and_ legs My sense of rhythm -- which has never been great - was completely missing In the words of my youngest child 1 moved hke a klutz Once I settled into my seat and the meeting started it did not take long for me to dismiss the crutches as a problem In short order colleagues began using the king s English in a manner that sounded almost foreign They spoke at length about a PUD and its special relation ship to open space They also spent a fair amount of time talking about floor area ratio and density bonuses I was perplexed The words sounded familiar but they made little sense in the context of the discussion PUD sounded like a dog run ning loose in an open field and floor area ratio with density bonus sounded like a carpeting job But this could not be right This was a planning commis sion meeting What was wrong with me? Was I missing some thing? What was this language I was hearing and what did it mean? Fortunately for me a veteran of the commission took me aside at the conclusion of the meeting and reassured me that all was well He told me that planners had a language all their own 1 would have to learn what was meant one meeting at a time As my sea- soned colleague put it plan- ning was like learning how to drive it would take awhile and there would be frustrations along the way however 1 would probably make it " Mike is not alone in having a memorable first meeting 1 re- member my own experience Even though I had a back ground in planning I was nervous I didn t know most of the other commissioners 1 wasn t quite sure about how to participate And as luck would have it my first meeting in- cluded a controversial neigh- borhood project - and a crowd of about fifty people seemed to be focusing their eyes on me knowing that I was going to have to vote yes" or no on a project of special importance to them Many planning board members have gone through a similar experience — or have like Mike Chandler felt the strangeness at being suddenly thrust into a world with its own peculiar language 1 hope this Guide will help make your transition to plan- ning board member a bit easier and more rewarding Wayne M Senville, Editor Planning Comm'rs Journal • • 2 Part I: Ten Tips for New Commissioners TIP #1 FOR NEW COMMISSIONERS When -They -Speak, Do You Listen? I know you hear me but are you listening? Nearly shout- ing with exasperation a frus- trated citizen confronted her community s planning com- mission after a particularly heated public meeting on a controversial zone change The chair of the commission took exception to her question Of course we re listening What do you think we ve been doing the last four hours? They may have thought they were listening but the decision made by the planning commis- sioners soon after the meeting did nothing to convince a skep- tical public The commission- ers voted unanimously to en- dorse their previous stand on the issue without any acknowl- edgment of the public com- ments they had ostensibly been listening to the previous four hours It is possible that no amount of public discussion would have changed the opinions -- and the votes -- of the planning commissioners and it is en tirely within their rights to re- affirm their original opinion But once they opened up the discussion to the citizens they should have showed by their questions and other responses that they considered the pub- lic s input senously before they took another vote Why did we bother to come? They did n t even hear what we were saying is a reasonable public LISTEN! evaluation of the proceedings that occurred — Be aware of what you say and how you say it When you an- swer or respond to a public comment do you engage in a dialogue or -in a monologue? In other words do you have your set speech or point -of - view no matter what the citi- zens say or do your responses show you were listening? One effective approach is to respond to each individual by name If you are not personally acquainted give your memory a boost by jotting down their names as they introduce them selves Then take care to couch your response or com ments in terms the citizen has raised Yes Mrs Jones I can understand your concern that widening the street will take out those two old oak trees Several of your neighbors have also raised that issue During the commissioners discussion after the public comment period is over look for ways to give further evi dence you were listening Ac cording to what we ve heard today several citizens seem to think that it is better to save the trees than widen the street I would like to explore this fur ther before we make a deci- sion Or even if you think the citizens are off track you should acknowledge what you heard and then go on to state why you disagree Most citizens are reasonable and understand you cannot always give them what they want But they do want - and deserve — to have their points of -view listened to and ac- knowledged From When They Speak Do You Listen? by Elaine Cogan (PCJ #2) Do Be Attentive Those appearing before you have probably spent hours and hours preparing and rehearsing their arguments The least you can do is listen and make them think that you are as interested as you should be Refrain from talking to other members pass- ing notes and studying unre- lated papers From The Riggins Rules #12 by Fred Riggins (PCJ #13) All the People Listen to all the people and not just those who fit into a neat stereotype of desirable citi- zen Worst traits often come out at a public zoning or plan- ning hearing But angry ob- streperous or noisy people are not necessarily wrong Neither are minorities who do not speak English well or un- derstand bureaucratic proce- dures It is important to give polite attention to everyone -- people you may not want as friends or neighbors newcom- ers as well as those whose fore- bears settled the place From It s Time to Discuss the P Word by Elaine Cogan (PCJ #16) 4, ti • s TIP #2 FOR NEW COMMISSIONERS EDUCATE YOURSELF Learning the Language You have been active in com- munity organizations and causes You are intelligent and enthusiastic You have even attended some planning com mission meetings like that time there was a rezoning in your neighborhood You know what planning is all about nght? Then you get your first agenda packet and you discover there are a few things about planning you do not know The agenda and its staff reports are written in a language you only partially understand Common words seem to have different meanings and some words have no meaning to you variance findings "condi tional uses nonconforming mitigation measures " Many new planning commissioners leave their first meeting feeling dazed and confused As a new commissioner you need to have some early orien- tation or training so that you can better understand what is expected of you and so that you can do a better job sooner The training can come from many different sources Your planning department staff or a consultant can provide it soon after your appointment You can attend a seminar or confer- ence with special sessions for new commissioners You can study on your own and talk to old commissioners Most of a planning commissioners work is done at meetings Meetings are where you interact with the public and developers hold hearings and make decisions on the cases before you While it is the chairs respon- sibility to keep the meeting running smoothly you should know enough meeting protocol to make proper motions You also need to know your state s open meeting laws and conflict of interest laws The respective roles of staff commission and governing body are especially important You were appointed to fulfill your role not stafrs and not the governing body s It is very important that you understand how this works in your com- munity Usually the most difficult for the new commissioner are the environmental regulations and procedures These must be un derstood in order to make in- telligent decisions on a project These are more difficult be cause they cover many areas of expertise -- biology botany geology air quality water sup ply/quality and so on While your understanding of these issues will grow as you gain experience as a commissioner training programs can give you a better foundation From The New Commissioner - Dazed & Confused by Sharon Wiley Hightower (PCJ #24) Getting Onented Get to know your material and your commission make-up as soon as possible Zoning codes can be unwieldy and difficult to read through Mucking through the sign provisions of your zoning code can be pretty tiring It s better to orient your self by sitting down with the retiring commission member the chair or another experi- enced member Let them quickly outline the various documents and maps with which you will be working Not only will these individuals concisely summarize the zon- ing structure they will often identify the controversial areas and the political and public hot potatoes that can lead to lengthy meetings and dis- tressed neighbors They may also give you a better under standing of the group dynamics in which you will work From Orient Yourself by Theresa Long (PCJ #39) 5 i TIP #3 FOR NEW COMMISSIONERS BE POLITE ... AND PATIENT Common Civility Too —many public meetings de- generate into name calling and chaos through neglect of com mon civility Citizens who brave ice storms heat waves or the comfort of their living rooms to show up at a public forum deserve our respect no matter how we feel about their opinions It is important that public officials speak in meas- ured tones address each per- son appropriately and other wise model the kind of behav- ior they expect from the audi ence Is your tone sarcastic or angry? Most perpetrators of this be- havior usually accompany their words with folded arms and frowns Well sure you just never saw the signs we posted or You don t really expect us to believe you didn t notice your brother in law s viola- tion Similar to assuming guilt this type of posture puts you at a disadvantage because people will tend to side with someone who is being insulted From Ask Questions Well and You May Even Receive Worth while Answers I by Elaine Co- gan (PCJ #22) Don't Become Involved in Altercations Some persons seem to come to hearings with the express pur pose of telling them guys down there how the cow ate the cabbage If you answer their irrelevant rantings you are immediately involved in a fight Don t answer or try to defend yourself You are there to hear testimony and make decisions based thereon not to head up a debating society Remember you are the judge and the jury In most cases it is sufficient to say thank you very much for coming here and giving us the benefit bf your thinking I am sure that the members of this body will give your remarks serious consid- eration From The Riggins Rules #21 by Fred Rtggtns (PCJ #13) Show Respect Respect the questioner even when you doubt the question People ask dumb questions hostile ones tough ones all of which you should answer as directly as you can but always respectfully Those three little words I don t know fol- lowed up by but I ll find out for you should be high in your vocabulary From You Too Can Speak So People Will Listen i by Elaine Cogan (PCJ #25) Patience It will not take long after you have joined the planning board to become an insider You will begin to understand pro fessional planning Jargon and may even be able to decipher plat maps and legal documents That knowledge which is es- sential to doing a good job on the commission can also cause you to be impatient with lesser informed citizens who slow down commission meetings with simple or elementary questions Patience may be the first at- tribute you lose when it should be the one you hold on to most tenaciously From Starting Out the New Year on the Right Foot " by Elaine Cogan (PCJ #8) 6 TIP #4 FOR NEW COMMISSIONERS s o ASK QUESTIONS "The Only Dumb Question " Once appointed don t be reluc tant to ask questions of other board members and the plan- ning staff The staff is there to assist and advise the board At your board s public meetings ask questions Other board members or citizens in atten- dance may have the same question in the back of their mind The old adage the only dumb question is the one not asked is true A new board member will not (and should not) be chastised for asking basic questions to understand the issue before the board From The Only Dumb Question " by Stephen DeFeo Jr (PCJ #39) Ask the Right Questions and the Hard Ones Learn to ask the right ques- tions of applicants staff and the public -- and don t assume the unstated If you ask the wrong kinds of questions the answers will be meaningless For example it may be logi- cal that a developer would only propose development on safe stable soil It seems logi- cal that he wouldn t want to nsk future problems with de- velopment on soil of unknown or unstable charactenstics He may even profess to value safe well -engineered projects Everyone values safety surely But neither issue of logic or value has anything to do with the reality of whether the soil is stable or not Don t take things for granted Ask the right questions and make sure of the fact that the soils are in- deed stable Ask the Hard Questions My favorite is Is this just your idea or do you have any evi dence to back it up? No cate gory of comment is more common at a zoning hearing than unsubstantiated fact Comments like It will de crease my property values or The traffic impacts will hardly be noticeable will plague you all your days Sift through the testimony for relevant planning information corrobo rated by evidence Keep in mind that aside from expert witnesses and without evi- dence one person s opinion is just about as valid as another s Be fair but be discriminating in what you choose to accept as truth From Being a Planning Com missioner by Steven R Burt (PCJ #24) When In Doubt One of the responsibilities of the planning commission is to assess the evidence presented What is often a difficult con cept for many commissioners to accept is the fact that you do not have to believe everything that you are told If you have doubts about what you are hearing you can and should ask for better docu merited information For example if an applicant ver- bally assures the commission that stormwater management will be taken care of you may request that the applicant sub mit an engineering study pre- pared by a qualified engineer to be made part of the public record It is true that if an applicant meets the requirements of the regulations you must approve the application However in reviewing projects some evaluation of evidence is usu- ally required Very few codes are entirely quantitative in na- ture Indeed if a set of regula- tions were entirely quantitative in nature there would be no need to have a planning com- mission From Getting Even by Greg Dale (PCJ #26) TIP #5 FOR NEW COMMISSIONERS I- - - DO YOUR HOMEWORK Before the Meeting Prep'aration in -advance of the -- meeting will make you a more effective board member better suited to serve your commu- nity It is not fair to the appli- cant fellow board members or the community -you were sworn to serve to enter the meeting unprepared Open the plans and read the documents relating to items on the agenda before the meeting Know what the agenda items entail and what action the board is ex pected to take But don t worry about being an expert or an authority on the issues before the board From "The Only Dumb Question " by Stephen F DeFeo Jr (PCJ #39) Have you read the agenda packet ahead of time and pre pared for the meeting? As you prepare and find you need additional information do you ask staff to get it for you? 1 m certainly not saying that you should have all your ques- tions answered and your mind made up before the meeting However if staff can gather additional information to as the process it -Will benefie the — commission the staff and in many cases the applicant For instance you may want to refresh your memory regarding a previous similar request Of- ten locating this type of infor- mation requires digging in archived files Staff can either supply the information to you before or at the meeting From Planning from Different Perspectives by Carolyn L Braun (PCJ #24) Do Your Homework Spend any amount of time necessary to become thoroughly familiar with each matter which is to come before you It is grossly unfair to the applicant and to the City for you to act on a matter with which you have no previous knowledge or with which you are only vague ly familiar And you will make some hor rible and disturbing decisions From The Riggins Rules #7 by Fred Riggins (PCJ #13) silt See the Sites A resident in our town sought a variance of a few feet to erect a garage addition he had planned over a decade ago Now that he could finally af- ford to build it he found that the town had changed the zon- ing So he needed a variance Had I not gone by the house I wouldn t have known that the footing for the house had been poured long ago Unfortunately one of our board members who hadn t seen the site asked Why can t you just shift the addition a little this way? -- a remark that 1 thought would cause the poor applicant to have a car- diac arrest The color left his face he went into a sweat and began stuttenngl While no harm was done -- we granted the variance -- as a board member you should do your best to take a look at the projects you 11 be acting on From Lessons From Nine Years on a Zoning Board " by Douglas C Hageman (PCJ #3) • 0 8 TIP #6 FOR NEW COMMISSIONERS AVOID "EX-PARTE" CONTACTS "Bending Your Ear" Consider the following sce nano you are approached by a developer who is considering acquiring a large parcel for de velopment into a major retail facility He asks if he can bend your ear a bit and gain an understanding of how you might view a zone change on this property to permit the fa- cility Since he has not yet pur chased the property he re- quests that you keep his in- quiry confidential so as not to inflate the asking price for the property In the interest of wanting to be helpful you agree During the conversation you indicate your belief that the zone change is a good idea The first mistake made by the planning commissioner in our scenario was to agree to meet with the developer This meeting would be considered an ex-parte contact meaning that it occurred outside the public realm The literal meaning of the term ex-parte is one-sided This of course suggests that when you engage in an ex parte con tact you are engaging in a one- sided discussion without pro- viding the other side an oppor- tunity to respond and state their case Obviously commissioners can and do have outside contacts with many members of the community including devel opers While such contacts are often appropriate a line must be drawn when they involve matters which the commission is likely to act on in its capacity as a review body (e g when reviewing development pro posals or rezoning requests) Moreover the fact a contact occurs on a matter that is not yet formally before the com- mission does not eliminate the problem The second mistake was to ac cept something as confidential information Planning commis stoners are in fact public offi cials Any public official in eluding those serving on com- missions should as a general rule consider information pro- vided them to be public infor matron (Note I do not mean to include information that the commission as a body is le gaily authorized to treat as con- fidential such as discussion of pending litigation or per- sonnel matters) If information you obtained through a confidential discus sion ends up having relevance to a public matter before the commission you will have an ethical obligation to disclose it The situation described above is different than a situation where you have knowledge about a particular property or development from previous experience through non - confidential sources As a member of a community you often have relationships or contacts that reveal relevant information Certainly this cannot be avoided and presents no particular problem as long as you disclose that informa- tion for public consideration The third and final mistake made by the helpful commis- sioner in our hypothetical situation was to give an opin- ion about the merits of the possible rezoning A commis- sioners credibility is under mined by announcing a posi uon on a matter before the public hearing occurs More over prejudging matters harms the credibility of the commis- sion as a whole by raising doubts about the integrity of the decision -making process From Bending Your Ear by Greg Dale (PCJ #24) Politely, Say "No" Don t discuss a case privately and as a single member of a body with an applicant or ob- jector prior to the filing and prior to the heanng if it can be politely avoided In the event that it is not avoidable and many times it is not be very non -committal explain that you are only one member of the body that you have not had an opportunity to study the matter thoroughly that you have not seen the staff recommendation and that you have no way of knowing what opposition there may develop or what will occur at the public hearing Be certain that the person con- cerned understands that you cannot commit yourself in any manner except to assure him that he may expect a fair and impartial hearing From The Riggins Rules #6 by Fred Rtggins (PCJ #13) 9 TIP #7 FOR NEW COMMISSIONERS RECOGNIZE CONFLICTS OF INTEREST Why Care About - Conflicts of Interest? - Conflict of interest questions are part of the larger due proc ess consideration of the impar tialtty of the planning board or commission Simply_stated close the nature of your con- cern to the planning commis- sion Be sure Co make this dis- closure before beginning dis cussion of the item Let the Commission Decide every party before your board is entitled to a fair hearing and decision free from bias or fa- vor Having a conflict of inter- est can threaten that impartial ity Therefore it is critical that conflicts be identified and dealt with in an appropriate manner The issue of conflicts of inter- est is particularly acute when a planning board member has an interest in developable real es- tate While none of us like to think that we have given up some right by agreeing to serve on the planning board the most sensitive ethical area in- volves a perception that a planning board member is act ing in a way to advance his own interests in private prop- erty development As a planning commissioner you are a public official As such your actions are sure to be under scrutiny by members of the public and by your local media The slightest stumble in how you deal with ethical is- sues has the potential to flare up into controversy When in Doubt Disclose If you believe that you have a conflict of interest or a situa- tion that could create the im- pression of a conflict of inter est the safest route is to dis- Rather -than an Individual planning commissioner making a unilateral determination on conflict questions consider establishing a procedure whereby a commissioner may request permission to be ex- cused or request permission to participate and let the com- mission make the determina- tion This has several effects First it removes the burden from the individual Second it allows for the possibility that the commission may disagree with the individual commis- sioner s determination Err on the Side of Caution When faced with a potential conflict readily agree that you are willing to step aside if the commission so desires Any insistence on your part to stay involved will only create the impression that you have a rea- son to stay involved Leave the Room Once a determination has been made that there is a conflict or potential conflict the simplest course of action is for that commissioner to simply leave the room Out of sight out of mind Continuing to sit silently with the commission or even moving to the audience is not good enough Leave the room An Ounce of Prevention As with many things in life it makes sense to plan for contin gencies Take the time to be- come familiar with whatever legal restrictions involving con- flicts of interest apply in your state It may benefit your full commission to schedule an in formal meeting or workshop with your city or county attor- ney to discuss hypothetical conflict of interest (and other ethical) concerns and how to deal with them From Conflicts of Interest — A First Look and "Caution Con flicts of Interest " by Greg Dale (PCJ #1 and 34) Disqualify Yourself Don t fail to disqualify yourself if either directly or indirectly you have any financial interest in the outcome of the hearing and let your conscience be your guide where it could be said that moral ethical politi- cal or other considerations such as personal animosity would not permit you to make a fair and impartial decision To avoid all accusations of un- due influence it is generally wise to leave the room and ask that the record show that you did so and that you did not in- dicate by word or action whether you were in favor of or opposed to the matter un- der discussion From "The Riggins Rules #9 by Fred Riggins (PCJ #13) 10 • o TIP #8 FOR NEW COMMISSIONERS ATTEND ... AND CONTRIBUTE Be There On Time Don t accept an appointment or nomination to a Board Com mission or Council unless you expect to attend 99 9999 per- cent of the regular and special meetings If your participation falls below 85 percent during any six months period you should tender your resignation You aren t doing your job Your aren t keeping well enough in- formed to make intelligent de- cisions and you are making other people do your work for you and assume your not in- considerable responsibility Do be on time if the hearing is scheduled at 7 30 the gavel should descend at the exact hour and the hearing begin if there is a quorum If you have to wait ten minutes for a quo rum and there are 100 people in the room the straggler has wasted two full working days of someone s time besides cre- ating a very bad beginning for what is a very important occa- sion for most of those present From The Riggins Rules #1 & #3 by Fred Riggins (PCJ #13) Call In Serving on a planning commis sion means having to attend meetings Just as you would do with your employer you should call the planning staff or the planning commission chairman if you know you will be unable to attend a commis- sion meeting or be arriving late From "Getting the Job Done by Michael Chandler (PCJ #19) You Need to Attend! Failure to regularly attend meetings can result in a num- ber of problems 1t can create poor morale on both the part of staff and fellow commission- ers It can make decisions more difficult to reach -- and can at times make it harder to obtain a quorum for doing business This is a disservice to appli- cants as well as to members of the public who are entitled to action on a project request Finally it can cause resentment on the part of those commis- sioners who are doing their job and create a poor public image of the commission Many absences are obviously legitimate and scheduling constraints often make it dif- ficult to both prepare for and attend meetings But often times the problem is more a reflection of the low pnonty that the ghost commissioner places on serving on the commission From The Ghost Commis stoner by Greg Dale (PCJ #6) Contribute Recognize that you have an obligation to contribute to your planning and zoning meeting even if you don t have a set of initials following your name and can t name the planner who laid out the streets of Paris Its not a chance to contribute its an obligation by virtue of your appointment Study any staff reports maps and the like and come pre- pared to contribute Planning commissions are places for people who care and want to make a difference to their communities From Being a Planning Commissioner by Steven R Burt (PCJ #24) SPRINGFIEJ. D 'P&Aw► loQ. noAKfl 11 1 TIP #9 FOR NEW COMMISSIONERS BE INDEPENDENT & INFORMED The Planning _ _ _ ____ Commission's Role A central function of a plan mng commission is to provide an objective and independent = v_oice on matters relating to a community s long-term devel- opment This is especially im- portant since local governing bodies are (quite naturally) more sensitive to public opin- ion and the demands of various special interests Planning historian Larry Gerckens has noted that citi- zen planning commissioners were put in that position not to execute administrative chores tor city council but to provide insights into the problems and potential of the community and to provide leadership in the solution of problems before they arise (see p 17) Moreover the American Plan- ning Association s Statement of Ethical Principles in Plan- ning notes that Planning process participants should exercise fair honest and inde pendent Judgment in their roles as decision makers and advi- sors (emphasis added) What are some of the basics to ensuring that a commissioner is well-informed and capable of exercising his or her inde- pendent judgment? First be sure to open your meeting packet before the meeting! OK maybe that is too basic but many commissioners have cringed to hear the sound of a fellow board member tear ing the envelope open at the meeting `— If you have a professional staff you should obviously review the staff report carefully If not then you should review the application -itself -Also there is no substitute for viewing the subject site and the surround- ing area It is also helpful to review the zoning code and comprehensive plan provisions that are relevant to a particular request Do not confuse independent judgment with personal bias The comprehensive plan and the regulations that implement that plan represent the policies and laws that you are bound to uphold regardless of your own personal biases Can one do too much to pre pare? Always remember that your decision must ultimately be based upon evidence in the public record Many commis- sioners in their well - placed enthusiasm to be as prepared as possible engage in independent investigation that involves discus- sing pending cases before the com- mission with interested parties to that applic anon Such ex parte contacts are improper and should be avoided See Tip #6 Another aspect of this issue has to do with the relationship between the com- mission and staff Professional planning staff have the training and ability to provide the commission with valuable in- formation and insights Plan- ning commissions should take full advantage of staff expertise_ inmaking decisions However both commission and staff should recognize the obligation of the commission to act in an independent manner From Independent and In formed by Greg Dale (PCJ #36) 'oR TCCT ouq Cc iitliJ NZT`?A 4 1}2 r o • Facing Friends and Neighbors As planning commissioners I m sure you have heard diffi- cult requests from friends or neighbors that do not comply with the code It is hard not to be empathetic with your neighbors They stand before you looking at you hoping you -- of all people -- will un- derstand and help them After all you live there Silently you wonder whether granting the request would be that bad After all it really wouldn t hurt anyone What s a couple of feet in the greater scheme of things? Similarly you may be called on to decide applications that have evoked strong neighborhood opposition This time many friends and neighbors may be standing before you One by one they make impassioned pleas against the proposal Once again you are in a diffi cult position how can you approve this request with so many people in opposition? How could this possibly be best for the community? How could all of these people be wrong? Your staff though they may empathize with your friends and neighbors are usually not under the same pressure as you While both your job and theirs is to review projects to determine whether they com ply with the code -- staff members not make the final decision You do 1t is tempting as a commis stoner to simply make a popu lar decision It has been my expenence however that in the long run consistent deci- sions give you more credibility But rest assured it won t al- ways be easy From Planntngfrom Different Perspectives by Carolyn L Braun (PCJ #24) Think It Through A new member has to do a lot of homework to understand what the whole thing is all about Also a new member needs to realize that in meet ings there s sometimes pressure from some group to resolve a problem quickly I think new members are more likely to feel they have to get this decided or they 11 make an extremely positive statement which they cannot change or feel they can t change It s important to realize that perhaps your first reaction to something may not be the best - and that you might change your mind as you think it through I know I ve had that expenence where something looks pretty good right at the beginning and then as we thought about it talked about it and put it over for another month we began to realize what some of the underlying issues were From A Roundtable Discus ston comments of Carl F W Kohn (PCJ #39) TIP #1 0 FOR NEW COMMISSIONERS t MAKE A DIFFERENCE! - - A_Commitment _ _ to Excellence There are fundamentally three types of planning commission- ers The first type thinks they should_have some title after their last name and -planning commissioner is as good as any The second type believes in giving public service pre pares well for commission meetings and participates thoughtfully The third type of commissioner however takes this one step further Because of a personal commitment to excellence the third type will make an extra effort to become especially well informed about their community about plan- ning ideas and techniques and about ways in which the plan- ning commission can work to- wards creating a better com- munity From What Type of Planning Commissioner Will You Be? by Ron Ames (PCJ #39) Show Some Passion We rarely think of passion as a quality of an effective planning commissioner Passion need not be stubbornness or unwill- ingness to examine all sides of an issue —It does require —how- ever that you are willing to speak out or hold out on some matters on which you feel very strongly even if you are a mi- nority of one At least once in your career as a planning commissioner there should be an issue of sufficient importance that you will want to be its champion regardless of the consequences On the other hand do not give the same level of passion or sup- port to every issue or like the boy who cried wolf your col leagues and the community will not be able to recognize those issues that really concern you Passionate espousal of your point of view requires that you honor and respect others who are equally impassioned From Starting Out the New Year on the Right Foot " by Elaine Cogan (PCJ #8) Roll Up Your Sleeves In my zeal to learn the ropes I rolled up my sleeves and plowed through as many books and articles as 1 could find Then as each project or zoning application was set to come before our board I researched the applicable regulations and statutes before the meeting because I didn t want to make uninformed decisions -- nor did I wish to look stupid in public The result was that I some- times had a leg up on some of the other board members and 1 occasionally found myself catching details others had missed Now as I drive around town and see subdivisions spnnging up and new businesses coming to town I like to take my friends or visiting relatives with me because its fun to point out the changes 1 helped to make From Have a Lot of Fun " by Roberta Peters (PCJ #39) I 1 14 Part II: The Planning Universe Obviously at the center of the planning universe! Planning commissions often have two distinct functions. The first involves preparation and revision of the communi- ty's comprehensive (or munici- pal) plan and local land use regulatio such'as-the- zoning or subdivision code. This role is typical- ly advisory to the local governing body, with the planning board for- warding a recommended plan (or ordinance) to the governing body for consideration. The second, and often most time-consuming, function involves review of develop- ment proposals, such as site plans and subdivision plats. In some states the planning commission makes the final deci- sion on these, subject to possi- ble court review. In other states=theaplanningecommis sion recommends a decision that the local governing body can modify. With both long and short range planning responsibilities, planning commission members can _justifiably lay claim to being at the hub of the planning universe! THE PLANNING UNIVERSE s • THE PLANNING COMMISSION The Planning Commission's Chief Responsibility Planning commissions have numerous duties and responsi- bilities Chief among them is the preparation of a comprehensive plan for the community Whether we label our plan comprehensive master or gen- eral we are in most instances describing the same thing For most communities a compre- hensive plan is the physical manifestation of putting down on paper the hopes dreams and goals a community holds for itself Properly done a comprehensive plan will describe how and at what pace the community de- sires to develop physically eco nomically and socially The plan functions much like a roadmap it is a means to an end From Developing the Compre hensive Plan by Michael Chan dler (PCJ #10) Forward Thinking Advisors Planning commissions serve as independent advisors to their local governing body on plan ning and land use matters Keeping this in mind is impor- tant when considering a plan- ning commission s relationship to the governing body Not having the final word can be a difficult thing — especially when the commission expends great amounts of time and en- ergy only to have its advice re jected by the governing body (though hopefully this will not happen too often) Don t let this discourage you Instead look for ways your commission can advance the cause of good plan ning and strengthen its rela tionship with the governing body Remember that as a planning commissioner you re responsi- ble for focusing on the long- term Most elected officials ap- preciate this forward thinking role From The Planning Commission As Independent Advisor by Michael Chandler (PCJ #23) Don't Apologize They jump into the middle of their neighbors business stay- ing up late at night to attend meetings attempting to play Solomon If they had any sense they d be at home playing cards Around the neighborhood they may be considered opinionated nosy busybodies or butt -in - skis But around City Hall they re accorded the title of planning commissioner Whether its an honor or a bur den depends on what you re able to make of it Don t apologize for being a planning commissioner Some times developers or citizens may make you feel uncomfortable for even being in a position to render a decision Don t fall into that trap? Acting properly plan- ning and zoning commissions perform a valuable service to the community as a whole Since most communities make sub stantial investments in plans parks roads sewer systems and so on they have every right to exert reasonable control through planning and zoning over how private development affects the community s built environment and whether de velopment conforms to the adopted master plan and ordi- nances From Being a Planning Com- missioner by Steven R Burt (PCJ #24) Providing Insights Its easy to sit back and wait for problems to arrive at the plan ping commission All of a com missioner s time can be spent stamping out brushfires and processing standard reviews But it is worth recalling that citizen planning commissioners were put in that position not to execute administrative chores for city council but to provide insights into the problems and potential of the community and to provide leadership in the so lution of problems before they arise From Community Leadership & the Cincinnati Planning Commis ston by Laurence Gerchens (PCJ #18) Your mayor and>») local.legislative body, whether it be a cityor— town council, or board of county commissioners, Ji are key players in the planning universe. Indeed, a responsibility for setting the planning process in motion rests with the local governing body. In most states, the process begins with the governing body-and/or_mayor appointing the planning commission. which is The comprehensive fple commission, typically produced by cannot go into effect without being ilarly, adopted by the governing body. the local governing body has final say on the adoption of zoning ordinances, subdivision ordinances, and other regulations designed to implement the comprehensive plan. In some states, the governing body also makes the final decision on development approvals. Planning commissions -need tokeep the mayor and governing body well informed of planning initiatives, as elected officials generally like to know what's going on and frown upon surprises. s l • THE PLANNING UNIVERSE THE LOCAL GOVERNING BODY The Different Roles of the Governing Body and Planning Board A misunderstanding of roles is the most frequent barrier to a positive relationship between councils and planning boards What are the roles? The Coun- cil begins with the responsibil- ity of appointing the members of the Board It is the Council s job to create a capable Board with a balance of experience and expertise However the Council then needs to leave the Board to do its job The two groups have distinctly different jobs Councilors are policy makers They are elected by and are responsive to the public whom they represent in all its various constituencies The Board members on the other hand are not policy makers They are appointed to work within the ordinances adopted by the Council They work within already estab lished policy and do not change policy based on public comment Even if the room is packed with citizens arguing that a permitted use be denied in a site plan hearing it is not the Planning Board s role to change what is or is not per- mitted It is their role to apply the given ordinance If the public does not like what the ordinance permits then the Council is the place to get it changed Similarly if the Board is concerned about the impacts of applying a given ordinance their option is to recommend changes to the Council Even in the process of rewrit- ing or developing new ordi- nances the Council is still the policy maker The Board functions like a technical consultant to the Council recommending effec tive ways to accomplish the general community goals re- quested by the Council The Council gives a sense of direc- tion to the Board The Board then uses its specialized back- ground and expertise to make recommendations back to the Council The recommendations may be creative and far reaching They may be more complex or tech- nically innovative than the Council ever imagined But it is the Council that makes the final decision with whatever political considerations it deems appropriate Each role is vital to a smoothly functioning community But they are sepa- rate From Town Councils & Plan ping Boards by Pamela Plumb (PCJ #9) Understanding Your Governing Body There are steps you can take to at least make sure planning commission aims and policies are clear to the elected body with the long-range goal of mutual understanding and support Attend your governing body s meeting when an appeal of one of your decisions is being con sidered It may not be pleasant to hear people disagree with you but the experience will give you some sense of the depth of feeling of elected offi- cials and the public on spe- cific issues If the commission s findings often are overturned because of form or content you may want to review them with your staff if the findings are okay but the governing body disagrees with your con- clusions it is still appropriate to revisit the issue informally to see why you are out of step Be acquainted with the po- litical platforms of the mem- bers of the governing body Did someone campaign for office promising to end all planning as you know it? That is a clue to how that individual may respond to particular is sues You still should not give up You or other commission ers should arrange a visit to explain your position and the positive results planning has on your community - and also listen to the elected official s contrary ideas Suggest a retreat or informal workshop among planning commission members and elected officials to try to come to consensus on a common vision goals and objectives Even if the best you can do is agree to disagree you will have heard each other and learned something From Working Effectively With Elected Offioals by Elaine Co gan (PCJ #20) Alb For planning commissioners who have just concluded a prolonged or heated public hearing, the happy, smiling citizens illustrated above must appear as a cruel joke or a scene that could only take place in outer space! Perhaps, however, the citizens have just returned from a dynamic and exciting workshop helping to envision the community's future! Citizens are an essential (perhaps the most essential) element of the planning universe, and one that planners must reckon with if the planning process is to have any long-term value. A challenge facing many localities is deciding how best to include citizens in the planning process. A multitude of strategies, each with par- ticular-strengths,-are_possible. If planning is to succeed, however, the question will not be whether citizens should be involved in planning for the future, but how to Set them involved. e S THE PLANNING UNIVERSE Involving the Public We all know the drill We hold a public hearing on a controver- sial planning issue and the ex- pected proponents and oppo nents with strongly held and often emotional opinions show up At the end of an exhausting session planning board mem bers may be comforted that they have conformed to all the legal requirements but on reflection may ask themselves Have we received sufficient and accurate information from the public? Have we heard from a cross sec Lion of the community? Do we really know what people think about this issue? Of course planning policy should be based on more than just what the public wants You have to consider the law political realities and your own sensibilities and consciences Still community outreach is important Though it is more an art than a science you are re- miss if you rely only on public hearings or any other single method to gauge public opin- ion Lets explore a few others Advisory committees and task forces The planning department is undertaking the arduous task of updating the comprehensive plan The more you get into it the more obvious it becomes that there are many factors to consider if you are to craft a liv ing document that will meet the needs of your community To help you in this task consider appointing one or more citizen CITIZENS advisory committees or task forces each with a specific charge and deadline Cable access Cable companies often will be receptive to an of- fer to broadcast a panel discus- sion about a provocative or vital local planning issue Some sta- tions even have a call -in capabil- ity so that listeners can tele- phone questions and comments Such programs usually do not have a large audience but with the proper notice beforehand you will be surpnsed by how many people watch Surveys and focus groups These scientific methods of testing public opinion can be expen- sive but they are the best ways to test a sample of the popula- tion if you use them under- stand their limitations They are snapshots of opinions and per- ceptions at a particular time and the public mind can change rapidly Open house Projects with high visual qualities such as a park master plan lend themselves to an open house format Choose a school cafetena church base- ment or other easily accessible location and put up displays showing possible options and opportunities Newspapers As a general rule of thumb the smaller the commu- nity the more likely that plan ning issues will get front page or prominent coverage But an edi- torial or a story - favorable or not - is only one-way commu nication Try to convince the editor to run a short question- naire that people can clip out and return certainly, always read the letters to the editor column for another way to test the public pulse Web page With the click of a mouse many people are logging on to city or county Web pages for a host of information At the least, make sure that up-to-date notices about your meetings are posted Investigate including information that explains in clear layperson s language up- coming decisions you are con- sidering From New Ways to Reach New (and Old) Audiences " by Elaine Cogan (PCJ #39) The Challenge The inability to achieve a public consensus about what kind of future a community intends to create for itself is a fundamental reason land use planning fails To be successful planning must reflect the wants needs and de sires of the citizens who live in the community Thus a pnmary challenge facing a planning commission involves developing an effective strategy for getting citizen input in the planning process From Developing the Compre hensive Plan Part II by Michael Chandler (PCJ #11) Planning Staff Many towns, cities, and counties employ a local planner or planning staff to manage, in partnership with the planning commission, the local planning effort. It is important that the planning commission and planning staff agree on ways to foster a mutually beneficial work relationshipnElarity.regarding.roles, duties,_ and expectations should be viewed as a top priority. While the planning commission typically focuses on the "bigger picture" associated with policy, direction, and goal setting, the chief responsibility of planning staff involves providing technical assistance and guidance — and managing the planning office's many functions on a day-to-day basis. This requires communication and coordination. As a result, it is not surprising that planning staff are frequently found whizzing through all corners of the planning universe. $ 1 1 THE PLANNING UNIVERSE PLANNING STAFF Understand What Your Planning Staff Does Planning commissioners may well be unaware of the amount of time that staff spends in deal- ing with major or controversial requests Staff may have met and talked numerous times with neighbors and the applicant to resolve the issues In essence staff often lives and breathes these requests for months at a time From Planning from Different Perspectives by Carolyn L Braun (PCJ #24) Don t forget that the staff is there to help you in any way possible It is composed of very capable professional people with vast experience Lean on them heavily They can pull you out of many a bad spot if you give them a chance Or they may just sit and let you stew if you do not give them the respect which is their due Remember that their usual practice is to remain silent unless they are specifically asked to comment Most of them consider it presumptuous and unprofessional to inject any unsolicited comments into the hearings Always ask them to comment prior to the final vote Do not take staff recommenda- tions lightly These recommen- dations are made after much study by professional people with years of experience in their field and are based on pertinent laws ordinances regulations policies and practices devel- oped by you and your predeces sors Your job is to temper their rec- ommendations with information developed during the hearing which was not available to the staff It is not unusual for a staff to voluntanly reverse or change the details of its recommenda- tion during the course of a hear- ing From The Riggins Rules #30 & 31 by Fred Riggins (PCJ #13) A Working Relationship Effective staff/commission rela- tions are vital to the overall suc- cess of planning in your com- munity whether your planning agency has one ten or one hundred employees Good will and an understanding of the pitfalls that impede sound rela- tionships can help you solve any problems that may arise Resist the temptation to micro - manage After you have been on the job any time at all you will become more familiar with planning jargon and the rules and regulations of your com- munity than most citizens Still you are not expected to be a professional planner Indeed you would be less effective as a citizen planning commissioner if you were Even if you are a successful pro fessional or businessperson it is not appropriate to try to tell the planning director whom to hire or fire or how you think the agency should be managed You should have more than enough to do studying the issues and making policy decisions Control your public behavior Never be guilty of berating downgrading or insulting the staff at a public meeting Yes it can be embarrassing if citizens point out apparent errors in staff reports or presentations The public meeting however is not the place to find out what hap- pened or why in most cases a quiet discussion with staff away from the public can work out seeming discrepancies or disagreements Reward good work A simple thank you -- you did a great job last night before that group of hostile homeowners can be just the nght comment to uplift a harassed planning staff when it appears the whole town has taken up arms against them Take your planning director to lunch Praise a particular piece of staff work at a public meet ing There are all manner of ways you can - and should reward your often overworked and undervalued planners There will always be some ten- sion between commissioners and staff you have different re sponsibilities and often differ- ent perspectives But the sooner you can develop a creative part- nership -- and the more you can nurture it - the better it will be for everyone From Staff Needs a Little TLC Tool by Elaine Cogan (PCJ #3) 23 •• I The Law %ems no�i)) Planning is a structured process governedEby,legal:principlesmstatutes, and codes. A planning commission works within the framework of its state's enabling law, for this defines a commission's range of substantive duties and responsibilities, as well as the procedural requirements it must follow. Any consideration of the planning universe must also recognize the strong influence that federal Taws and regulations — and the financial assistance funneled to local governments pursuant to these laws and regulations — have on the local planning process. a 1) —1 -- 1 1 THE PLANNING UNIVERSE THE LAW (and Lawyers) Within the Law When considenng applications or requests, you are operating within a prescribed set of pro cedures and standards as set out in your state and local regu- lations When someone appears before you the question is not whether or not you like their proposal but whether or not it complies with the regulations From The Ethics of Bias by Greg Dale (PCJ #11) Subdivision Controls The pnmary impetus to land subdivision reform came from the Standard City Planning Enabling Act prepared in 1928 by the U S Department of Commerce as a model for adoption by the states The Planning Enabling Act pro- vided among other things for municipal planning commission approval of plats The subdivi- sion plat review process helped assure that residential streets would have adequate capacity to handle future traffic and that lots would be of adequate size and shape and have frontage on a public way By 1968 over 95 percent of municipalities of 5 000 population or more had adopted subdivision control or dinances Subdivision regulation in many communities has expanded be yond the early objectives By the mid-1950s local subdivision controls were often specifying road construction quality and utility services and many were requiring donation of land for neighborhood park and recrea- tion facilities In more recent years some ju- risdictions have used subdivi- sion regulations as a growth management tool Others have used subdivision controls to preserve natural features such as wetlands or as a way of achiev ing environmental goals such as the control of stormwater run- off From Ten Successes that Shaped the 20th Century Amencan City " by Laurence Gerckens (PCJ # 38) Spot Zoning Because spot zoning often focuses on the single parcel without considering the broader context that is the area and land uses surrounding the par- cel it is commonly considered the antithesis of planned zoning While rezoning decisions that only affect a single parcel or small amount of land are most often the subject of spot zoning claims (as opposed to rezonings of larger areas), a locality can lawfully rezone a single parcel if its action is shown to be consis tent with the community s land use policies Courts commonly note that the underlying question is whether the zoning decision advances the health safety and welfare of the community A zoning deci- sion that merely provides for individual benefit without a re lationship to public benefit can- not be legally supported From Understanding Spot Zon ing by Robert Milner (PCJ #13) The Role of the Lawyer When the applicant brings a lawyer listen carefully to the presentation but don t assume that the lawyer is necessanly right on every point either of law or of fact Lawyers in this situation are advocates and as such will be selective in the points they make to the com- mission Lawyers who have done their job will be familiar with the commission s ordinance and regulations especially the sec Lions that pertain to their clients applications But a lawyer s in- terpretation of a given section may differ from yours Be con- sistent in your application of the rules Ask questions but don t argue with the lawyer Make notes of any points where you disagree and the basis for your disagree- ment Above all don t let your- self be bullied by threats of liti- gation unconstitutional takings and other bluster which may come your way Make your de- cision based upon the law as set forth in your ordinances and regulations Be sure that the bases for your decision are clearly stated in the motion or motions on which the commission votes Courts do not lightly overturn planning commission decisions if they are in accordance with duly adopted regulations and are firmly based on factual findings From The Role of the Lawyer by Carolyn W Baldwin Esq (PCJ #11) 25 Developers and builders often transform land from one use to another. In doing so, they are acting to satisfya perceived community demand for a service or product in a manner that produces a profit. This market dynamic is representative of our free enterprise system and is central to sustaining our society. The planning challenge lies in deciding,h_o_w best to integrate the market with the needs of the larger society. Much can be learned from developers who realize that markets and market demand do not exist in isolation from one another or from the larger society. Developers can pinpoint regulations and policies which may sound great in principle, but are impossible to achieve in the real world. By recognizing the valuable role developers and -builders play in the planning, universe, and reaching out to gain their insights, planning commissioners can enhance the quality of the regulatory process. 1 o 1 THE PLANNING UNIVERSE DEVELOPERS & BUILDERS Cooperation Developers and environmental- ists are starting to cooperate to change local laws and policies that impede smart growth Both realize that land use regulations need to be more flexible to al- low for innovation While builders environmental- ists and planning commission- ers will never see eye -to -eye" on everything it is certainly true that all these groups have much in common Establishing non - adversarial mechamsms for identifying common interests is one planning trend that benefits us all From Smart Growth Trends by Edward McMahon (PCJ #33) Building on Common Ground As planning commissioners professional planners citizen planners builders and develop- ers it is up to us to set the stage for higher quality development and better -planned communi- ties Rather than trying to rein- vent the wheel with each dis- cussion perhaps we can reach consensus on some issues The fields of planning and development are plagued with outdated ideas Even though the evidence is clear that these Ideas do not work they nonetheless prevail and have power over people One of these old ideas concerns the desirability of large lots and low -density development We now know that developing homes with large Lots does not preserve farmland and does not preserve rural character Large lots incur higher public service cost and force people to dnve longer distances As a planning tool low density development has been a failure Some home builders believe that customers want large lots but consumer preference surveys conducted by the National As- sociation of Home Builders show that a large lot is one of the first features homebuyers are willing to forego to obtain the home they want Consumers are most interested in getting the most house for their money in a good neighborhood Another outdated idea is that wide neighborhood streets are safe and desirable In fact just the opposite is true Wider streets encourage people to drive faster and more carelessly Research has shown that narrow streets force people to drive slower We need to step back for a sec and and look at the bigger pic- ture We need to recogntze that development does and will hap- pen In fact we build about one million homes in this country in an average year Therefore de bating whether growth will oc- cur is not a productive way to spend our time Instead we should be debating the pattern that this growth will take and the type of communities we will be building From Building on Common Ground " by Joseph Molinaro (PCJ #12) A Quick "Fairy Tale" A community fears development will destroy views of its moun- tains Developers own the mountains but must make money or bust Community has housing shortage Classic dead- lock classic problem Planning Commission works with both groups A consensus is formed higher densities at the base of mountains with no de- velopment on sides or top Everyone is happy (This is a fairy tale remember!) Is the problem solved? Nope Developers still need to make money and community still needs housing So developers build housing and community moves in Now the problem is solved The Planning Commission did not solve the problem They simply facilitated a solution The community and developers solved their own problem they just needed help This is a customer service view of plan- ning From Customer Service What It Is & Why It s Important by Ray Quay (PCJ #1) 27 * The Media For years, planners were advised that the media-should=be-held=at=arms_length._This attitude is giving way, fortunately, to a new way of thinking. Rather than viewing the media as an obstacle to be avoided, planning commissions are beginning to realize that the media - in all its various forms — represents a direct link to the larger community. Accordingly, efforts aimed atincreasing the knowledge and perspective media representatives have of planning and -the planning process are being initiated. Working with the media in a manner that is respectful, courteous, and opera will yield positive dividends. Nearby Communities Eachcommunitydoes not live in its own universe isolated fro-m-neighboring_towns_and cities. Local land use decisions can have impacts outside a jurisdiction's -own-bound- aries. inclusion of a regional assessment or -impact-strategy-section-in-local-plans — to - ensure -that neighboring_communities'plans are consistent with each other — isbecoming---- — a more common practice. County and regional planning commissions are also vital in seeing that cities, towns, and villages work together to solve shared planning problems. THE PLANNING UNIVERSE 1 1 Avoiding "Bad Press" The best way to prevent bad press is to take steps to avoid it in the first place In most cases the cause of bad press is ignorance not bias Luckily ignorance can be dealt with in a vanety of non - confrontational ways -- ways which incidentally comple- ment the mission of your agency in disseminating infor- mation to the public The most effective techniques are those used before the fact Return phone calls Leaving questions unanswered invites errors and unintentional bias Be prepared This means creat- ing in advance of meetings a very succinct wntten summary of the issues to hand to the me - THE MEDIA dia Be sure to include a thumb- nail sketch of the legal basis for your decision - the most com monly misunderstood aspect of planning and regulatory actions Do not duck controversy You have to conduct your business in public and attempting to shy away from controversy will only whet a reporters appetite Do not try to dictate a story s con tent or tone Instead provide enough information so that the story tells itself Very few re- porters set out to write an unfa- vorable story Usually it is igno- rance or laziness that produces one Alert the media to favorable sto ries If you never call them in advance then all they will cover is meetings not all of which go smoothly Contrary to popular perception good news goes in the paper too From Dealing With the Press by Dan Hamilton (PCJ #6) Be Open, But Remember Have you ever been misquoted in the newspaper or found your remarks seemingly out of con text in a television interview? As a public figure you can expect to be sought after by the media You want to be friendly and open But always remember that the media are businesses and as such report news in the way they believe will best attract and hold their customers That may conflict with your perception of the specific situation From What s Your PMQ, by Elaine Cogan (PCJ #31) NEARBY COMMUNITIES Regional Cooperation Home rule says that people only care about what s going on in their own town but most issues are really regional -- what our kids learn a healthy environ- ment traffic taxes jobs A HUD study of metropolitan regions (Amenca s New Metro- politan Economy 1998) found that where communities em- phasized cooperation over com- petition within their regions greater success in expanding economic prosperity and creat ing Jobs was the result In other words when cities and suburbs work together they can expect more new investment, business expansion and em- ployment and income growth than when they act independ- ently From Metropolitan Pressure Points by Mayor William Johnson Jr (PCJ #32) What Other Communi- ties Are Doing One of the problems that 1 see is to get commissioners to go out- side of the box a little bit If they re just told this is the way we do things here then you get a lot of status quo It helps if planning commissioners see what s going on elsewhere so they can make compansons be tween what s happening in other communities and what s happening in their own And that can be done through trips through workshops through books through articles The goal is to expand your hon zon Of course its very impor tant that commissioners know what the zoning code in their own community requires but beyond that it s helpful for them to be aware of what other com- munities are doing to solve some of the same problems they re dealing with From A Roundtable Discussion comments of Iry Schiffman (PCJ #39) 29 1 THE PLANNING UNIVERSE SOME ADDITIONAL OBSERVATIONS Less Vocal Constituencies Never worry that developers or land -owners will be shy about voicing their opinions about -- planning policies or programs Planning affects them directly and they make it their business to follow what you are doing But there may be other less vo- cal constituencies in your com- munity equally as deserving of attention Before you make significant decisions broaden the range of people you inform and involve From What Your PMQ (Public Meeting Quotient) ?" by Elaine Cogan (PCJ #31) A Fair & Open Process Failure to adopt and follow formal fair and coherent pro- cedures erodes public confi- dence in planning Rules of pro- cedure assure that all members of the body are treated equally and that all are free to partici- pate fully in the discussion From The Commission Will Come to Order by David J Allor (PCJ #20) The Big Picture When a shopping center is pro- posed when the question of what is wetland and what isn t hits the fan, when people line up to protest the conversion of ft a single family residence to some sort of a group home the local area newspapers are quick to point out that the planners did this or the planners did —tha And who are these planners? Well they re not those profes sionally trained planners with degrees in planning They are the members of local planning boards They are for the most part volunteers unpaid volun- teers I might add who give hours of their time mostly in the evenings -- carrying out the mandates of local and state land use planning laws The work at times gets tedious Hours and hours of discussion as to whether a proposed land use meets the requirements of the zoning or subdivision ordi- nance is consistent with all the codes is not discnminatory is or isn t a landmark and so on There are indeed so many items on the agenda that board members sometimes wonder what happened to the Big Pic- ture The Big Picture is indeed a vital part of a planning board s responsibilities The public, through legislatures gives plan- ning boards broad man- dates Again the specifics vary from one location to another but the fact re- mains that people turn to planning boards to secure a high quality of living environment 30 You get the picture What soci- ety wants from its planners is something more than the proc essing of permits It would like the processing of some vision as_well _Not an easy row to hoe But enormously fruitful if faith- fully tended From Remembering the Big Pic- ture by Perry Norton (PCJ #1) One Commissioner I m familiar with a rural county where strong leadership came from a planning commissioner He did not hold grandiose ideas and there was no specific pro- ject that he promoted But he was a constant presence a calm- ing influence and a fair and honest dealer Through his perseverance his willingness to share his knowl- edge and his ability to teach other volunteers he created an environment for the county to deal with senous conflicts and major changes to its economic structure in a produc- tive way From Finding Community Leaders by Eileen Hennessy (PCJ #18) i r i P 1 o Be Open to New Ideas Avoid tunnel vision and the we ve always done it that way approach Be familiar with other communities with similar situa- tions Be able to direct staff where to search out resources Be open to new suggestions and be proactive in planning for your community s future From Orient Yourself by Theresa Long (PCJ #39) Serve the Whole Community When commissioners are viewed as promoting their own interests citizens may legiti- mately wonder about the fair- ness of the process In my ex- penence this includes situa- tions where commissioners be- come advocates for their own neighborhood Each planning commissioner is obviously the resident of some neighborhood Understandably each commissioner also wants his or her neighborhood to be the best possible The difficulty is when commissioners charged with implementing community - wide policies find them in con- flict with what their own neigh - neighborhood wants This is not to say that commis- sioners through the compre- hensive planning process should not try to improve the quality of neighborhoods - in eluding their own However each commissioner needs to be guided by what is in the best interests of the entire commu- nity From Planning Commissioners as Advocates for Their Neighbor hood by William M Harris (PCJ #2 7) Dealing With Change There are two fundamentally different strategies for dealing with change One strategy is premised on a belief that change is a threat and should be feared and avoided Much like a turtle sensing danger this strategy involves retreating into a shell of comfort to ride out the storm The second strategy in contrast views change as an opportunity Rather than being feared change is pursued with vigor and enthusiasm This mmdset sees change much like the sculptor views a mound of fresh clay -- as something to be shaped, molded and formed Making change happen is a fundamental plan- ning commission re- sponsibility A reading of state planning enabling authonty clearly estab- lishes that planning commissions are to ac- tively plan for the future 31 in addition to meeting the needs of the moment In light of this mandate planning commissions need to identify strategies that will enable change From Making Change Happen by Michael Chandler (PCJ #20) Being a Decision Maker if you have never held a public position before understand that being a planning commissioner can change your perception about how plans are made and clues are governed It is very easy to take pot shots at elected and appointed officials when you are a concerned citizen Once you have made the trans' Lion to being a decision maker you realize how difficult the decisions can be You are often called upon to approve plans that are unpopular with a group of citizens They may be very unhappy with your decision and stay angry with you for years Think carefully before you re spond to demands from citizens and developers Often a salient issue will come to the attention of citizens before you as a board member have all the facts Resist the urge to express your opinion until you are sure about where you stand on the issue From Think Before You Re spond by Cheryl R Roberts (PCJ #39) NOTES 1) o 32 1 NOTES 1 33 A SHORT READING LIST From the Editor of the Planning Commissioners Journal -For those of you new to the planning commission who would like to learn more about the role of the commissioner or about planning, I thought it might be helpful - to recommend a few books As a cautionary note the following is only a sampling of the many good books you can find dealing with planning issues 1 urge you to also speak with your planning director and fellow commissioners to find out what books they ve found most useful If you need information on liow [oorder any of the following books, visit the ` books" page our PlannersWeb site www plannersweb com/books html If you ve read the Planning Commissioners Journal you re already familiar with Elaine Cogan since she s the author of a regular column titled The Effective Planning Commissioner If you re interested in further exploring many of the topics she covers in her column you 11 want to obtain a copy of her excellent book Successful Public Meetings A Practical Guide The Job of the Planning Commissioner by the late Albert Solnit and The Citizens Guide to Planning by Herbert H Smith are two well -organized books that provide a good overview of the planning process and the planning commissions role in it The Job of the Planning Commissioner has especially helpful chapters on understanding the language of planning and zoning (containing short explanations of a number of terms you II run into) and on the importance of due process The Citizens Guide includes thorough introductions to the role of the master plan and key plan implementation tools zoning subdivision regulation and capital improvement programs (topics also covered in Solnit s book) !C Caiteresr Guide to Planiung` iris Dan lurk. 1' Y1i i�hir Eerlrrr A recently published book by Eric Damian Kelly and Barbara Becker Community Planning An Introduction to the Comprehensive Plan provides a detailed look at the comprehensive planning process focusing on how plans are prepared, what they deal with and how they can be implemented While the book is formatted in part for classroom use (each chapter includes follow up exercises and group discussion questions) it s the kind of resource your planning department may want to have in its library (and if your department doesn t have a library consider starting one!) 34 I American Suburb A SHORT READING LIST Many communities are dealing with growth related issues If that s the case where you live and you d like a good summary of various approaches to controlling growth you (or your planning department office) might want to obtain Irving Schiffman s Alternative Techniques for Managing Growth The book is divided into short sections explaining thirty different techniques (ranging from Adequate public facilities ordinances to Zero lot line housing) including a brief description of how each technique works followed by a summary of its potential benefits and limitations While written primarily for a California audience this is a book planning departments anywhere will find useful to have on hand The nature of the American town city and suburb how they have changed over time and how we can plan and build better communities have been the subject for countless books It s almost overwhelming to try to make just a few recommendations Nevertheless 1 think the following may be of particular interest to planning commissioners - again my apologies for in the interest of brevity not listing many other very good books One of the first planning books I stumbled across years ago -- but a book just as relevant today -- is Grady Clay s Close Up How to Read the American City Clay spent many years as a reporter and editor for the Louisville Courier Journal In Close Up Clay explores how cities are laid out how different parts of the city work and most importantly how people use cities A very well-wntten illustrated and engaging book For an excellent look at American suburban development trends perhaps the best choice is Philip Langdon s A Better Place to Live Reshaping the Much of the book examines how planners and architects in recent years have been trying to respond to sprawl and come up with better forms of suburban development Langdon condensed some of the principal points made in his book for an article New Development Traditional Patterns that ran in the Winter 2000 issue of the Planning Commissioners Journal (Issue #37) Former Seattle planning commissioner and real estate developer David Sucher hones in on small steps that can be taken to create better more pleasant urban environments in his delightful amply illustrated short book (really more of a visual guide) City Comforts How to Build an Urban Village Planning commissioners will find many practical ideas and suggestions Plus the book is simply fun to read 1 35 A SHORT READING LIST There are any number of books providing information and ideas related to site design One 1 find particularly well organized and helpful is called Better Site Design A Handbook for Changing Development Rules in Your Community Published by the Center for Watershed Protection the handbook offers a series of twenty-two model development pnnciples -- focused on reducing the environmental impacts of development Many deal with streets driveways parking and parking lots The book includes a number of short case studies and provides thorough references to additional resources for each suggested development principle If you ve enjoyed reading Edward McMahons articles in the Planning Commissioners Journal you 11 appreciate his recently published handbook Better Models for Development in Virginia Ideas for Creating Maintaining and Enhancing Livable Communities The handbook benefits from McMahon s clear wnting style and outstanding collection of photos in identifying and illustrating six principles for better development (such as respect local character in new construction and maintain a clear edge between town and countryside ) While many of the examples are from Virginia the book s ideas will be of value to readers across the country More Reading Ideas BETTER MODELS FOR DEVELOPMENT tN VIRGINIA In the Fall of 1999 we invited visitors to our PlannersWeb site to submit their list of the planning -related books they would most highly recommend We received 63 responses The following six books received the most recommendations 1 The Death and Life of Great American Cities, by Jane Jacobs It s not hard to understand why this was the top recommended book by participants in the PlannersWeb survey Jacobs 1961 text has been one of the most influential in the field of planning It is chock full of insights into how the built environment works with an especially strong focus on the role of pedestrian oriented streets in shaping neighborhoods While much of Jacobs book is focused on big cities many of her points will have value even for those who live in small towns or suburban areas This is a book that every citizen seriously interested in planning should at some point read As one person who recommended the book noted Jane Jacobs classic book is one that, even though older gives a lot of inspiration to the idea of good planning and neighborhood values 36 A SHORT READING LIST 2 Design With Nature by Ian McHarg One of the landmark works on how land use planning can take into account ecological considerations McHarg pioneered in the use of environmental overlays to demonstrate how development can be sited while minimizing negative impacts on valuable areas such as woodlands wetlands prime agricultural soils and water resources He also helped design The Woodlands in Texas the first ecologically -based American new town 3 The Geography of Nowhere by James Howard Kunstler This is a modern day jeremiad against the way the built environment has evolved in the last few decades As Kunstler asserts Eighty percent of everything ever built in America has been built in the last fifty years and most of it is depressing brutal ugly unhealthy and spiritually degrading This is a highly opinionated book but one that will resonate with many readers To get a flavor of Kunstler s approach you might want to look at his article How to Mess Up a Town in the Winter 1995 issue of the Planning Comm rs Journal (Issue #17) As one former planning commissioner who recommended the book commented Insightful hard-hitting book that describes post WW II development in the U S isolated uses through zoning poor design and suburban sprawl 4 City Rediscovering the Center by William H Whyte Another classic" in the field of planning As one planning commissioner succinctly observed in recommending the book "absolutely fascinating in its simplicity and common sense The late William H Whyte pioneered in studying how built environments are actually used and how this often differed sharply from what designers expected Note unfortunately this book is currently out -of print Check at your library 5 Visions for a New American Dream by Anton C Nelessen Like William Whyte Nelessen has focused on discovering what people really think of their environment He developed a visual preference survey method for seeking to quantify aesthetic preferences as he explained in Understanding & Making Use of People s Visual Preferences an article published in the Planning Comm rs Journal s March/April 1993 issue In this book Nelessen details how planners can involve citizens in developing a vision for their community As one planning director noted in recommending Nelessen s book A wonderful in-depth yet readable tour de force of the best in land use planning principles 6 Rural by Design, by Randall Arendt An excellent well - illustrated and wntten resource for planners dealing with development in rural and outlying suburban areas Arendt sets out a process designed to preserve valuable open space and natural areas while accommodating development Also by Arendt is another insightful book Growing Greener Putting Conservation into Local Plans and Ordinances Excerpts from Growing Greener were included in the Winter 1999 issue of the Planning Commissioners Journal Ri II: BY L)LSICJ I ♦ CONTRIBUTORS TO THE GUIDE The late David Allor was Professor of Urban Planning at the University of Cincinnati School of Planning He was the author of The Planning Commissioners Guide Processes for Reasoning Together and served as a member of the American Institute of Certified Planners and the Society of -Professionals in Dispute Resolution Ron Ames is a member of the Town of Parker [Colorado] Planning Commission According to Ron The Town of Parker is one of the fastest growing towns in the U S having increased from a 15 percent annual growth rate (for the past six years) to more than 20 percent in 1999 Ames is an engineer and began his career on the Apollo program having since worked for businesses large and small Carolyn Baldwin is an attorney with the law firm of Baldwin Callen Hogan & Kidd P L L in Concord New Hampshire Her practice focuses on environmental and land use regulation Baldwin has served on the Gilmanton Board of Selectmen (local governing body) as Chairman of the Gilmanton Planning Board and as a member and chairman of the Lakes Region Planning Commission 1 Carolyn L Braun is Planning Director for the City of Anoka Minnesota (population 17 500) Prior to this she was a project planner with the City of Minnetonka a suburb of Minneapolis - St Paul Braun has also served as a planning commissioner for thirteen years eight as chair Steven R Burt AIA served on the Planning and Zoning Commission for Sandy City a suburb of Salt Lake City Utah for nine years He was a recipient in 1990 of the Utah Chapter APA Outstanding Achievement Award for Urban Design Burt is a licensed architect and Vice President of Field Operations for Daw Technologies Inc providing Design/Build cleanrooms systems to the microelectronics industry Michael Chandler is Professor and Community Planning Extension Specialist at Virginia Tech in Blacksburg Virginia Chandler also conducts planning commissioner training programs across the country and is a frequent speaker at workshops He is currently a member of the Blacksburg Town Council and the American Planning Association Board of Directors His column The Planning Commission At Work appears in each issue of the Planning Commissioners Journal Elaine Cogan partner in the Portland Oregon planning and communications firm of Cogan Owens Cogan is a consultant to many communities undertaking strategic planning or visioning processes She is also author of Successful Public Meetings (see p 34) Cogan s column The Effective Planning Commissioner appears in each issue of the Planning Commissioners Journal C Gregory Dale is a principal with the planning and zoning firm of McBride Dale Clanon in Cincinnati Ohio Dale manages planning projects and conducts training for planning officials throughout the country He is also a former President of the Ohio Chapter of the American Planning Association His Ethics & the Planning Commission articles appear regularly in the Planning Commissioners Journal [Note A collection of all of Greg Dale s ethics articles is available for purchase either call our office or go to www plannersweb com] Stephen F DeFeo, Jr is Chairman of the Methuen [Massachusetts] Community Development and Planning Board and has served on the Board since 1990 Methuen is a small city (population 42 000) located about thirty miles north of Boston DeFeo works as a construction engineer with Judith Nitsch Engineenng in Boston 38 CONTRIBUTORS TO THE GUIDE Laurence Gerckens national historian for the American Institute of Certified Planners founder of The Society for American City and Regional Planning History and emeritus professor at The Ohio State University teaches American urban planning history as an adjunct professor at Michigan State University Kansas State University and Goucher College Baltimore Gerckens has contributed a number of articles to the Planning Commissioners Journal Douglas C Hageman operates Hageman Group Vehicle & Equipment Leasing in Southington Connecticut Hageman served for nine years on the Southington Zoning Board of Appeals He also represented Southington on the Central Connecticut Regional Planning Agency Dan Hamilton has worked as a publications specialist for the Cape Cod Commission a regional land use planning and regulatory agency He is also former Managing Editor of The Register a Cape Cod weekly newspaper published continuously since 1836 William M Harris is Professor of Urban and Environmental Planning at the University of Virginia He served for ten years on the planning commission for the City of Charlottesville Virginia Recently elected to the inaugural class of Fellows of the American Institute of Certified Planners Hams has authored a number of scholarly articles and books related to African American economic development professional ethics and higher education Eileen Hennessy is a technical advisor to the Land Trust for Tennessee Previously she served on the board of the Piedmont Land Conservancy in North Carolina and was Technical Advisor to the North Carolina Conservation Trust Hennessy also has many years experience working with local planning boards having served as planning and community development director for Stokes County North Carolina and for the Town of Pelham New Hampshire Sharon Wiley Hightower is a planning consultant and has served as Chair of the Claremont California Planning Commission She has been a local government planner for thirty years Her firm Hightower/Associates provides training sessions for new commissioners as well as other planning services William A Johnson Jr is Mayor of Rochester New York s third largest city Prior to being elected Mayor in 1994 Johnson served for 21 years as President and CEO of the Urban League of Rochester Carl F W Kohn is a retired United Methodist pastor He attended planning commission meetings in Carroll Valley Pennsylvania until appointed to the commission in September 1995 Kohn was also appointed in 1996 (and then elected in 1997) to the Carroll Valley Borough Council Theresa Long is Chairman of the Northampton County [Virginia] Joint Local Planning Commission and has been the Town of Chenton s representative on the Commission for eleven years Besides being the mother of seven, Long is also a registered nurse with a degree in Environmental Science from Rutgers University Edward McMahon is a land use planner and attorney and serves as Director of The Conservation Fund s American Greenways Program He is former President of Scenic America a national non-profit organization devoted to protecting Amenca s scenic landscapes McMahon s column Looking Around appears regularly in the Planning Commissioners Journal 39 CONTRIBUTORS TO THE GUIDE Ann R McReynolds has served on the Plan Commission of Webster Groves Missouri for three years and was recently named its Chair Interestingly Ann McReynolds father served on the Webster Groves Plan Commission some thirty years ago Joseph-R Molinaro A1CP heads the National Association of Realtors Smart Growth — program He previously served as Director of Land Development Services for the National Association of Home Builders Perry Norton is a retired planner and teacher residing in Tucson Arizona He is a past director of the American Institute of Planners Norton has also been actively engaged in online planning —and -helped develop one of -the first -online planners discussion groups in the mid- 1980s He has periodically written for the Planning Commissioners Journal Roberta Peters is a planning commissioner in Sidney Nebraska As Peters puts it I m one of those people who thinks everything is interesting So I ve done a lot of things through the years Like 25 years as a doctor 8 years as a journalist and 6 years as an electrician and telephone repair person Most recently she works as a PC repair technician system consultant and web page maker Pamela Plumb is a Portland Maine consultant specializing in conflict management group dynamics and organizational development Plumb served on the Portland City Council from 1979 to 1990 and as the City s Mayor in 1981 and 1982 She is also a past President of c National League of Cities, and has chaired the Maine Governor s Municipal Advisory Council Ray Quay is AsSL_ta^r Director Planning for Phoenix Arizona and previously served in the same capacity for the city of Arlington Texas Quay 'tie co-author (with Bruce McClendon) of Mastering Change Winning Strategies for Effective C,'y Planning (APA Planners Press 1988) and has prepared several articles for the Planning Commissioners Journal The late Fred Riggms served as Chairman of the Phoenix, Arizona -Planning Commission His Suggested Do s & Don is have been re titled in his honor The Riggins Rules were brought to our attention by Bev Moody of the Arizona Department of Commerce Cheryl R Roberts recently completed her term on the Planning Board in Huntersville North Carolina Iry Schiffman is a Professor of Political Science and the former Director of the Master s Program in Rural & Town Planning at California State University Chico He is the author of Alternative Techniques for Managing Growth (see p 35) and has conducted workshops and written extensively in the areas of planning environmental policy and land use implementation Robert Widner, Esq is an attorney with the Denver Colorado law firm of Gorsuch Kirgis L L C specializing in land use and local government law Widner previously served as an assistant city attorney for Arvada Colorado and acted as legal counsel to the city s planning commission In addition to holding a law degree Widner received a master s in urban and regional planning from the University of Colorado Denver 40 »l