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HomeMy WebLinkAbout2018/09/05 - ADMIN - Minutes - Planning Commission - RegularOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 5, 2018 — 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Claudia Johnston -Madison, Jessica Kraft, Lisa Peilen, Carl Robertson, Joe Tatalovich, Alanna Franklin (youth member) MEMBERS ABSENT: Lynne Carper (excused), Matt Eckholm (unexcused) STAFF PRESENT: Sean Walther, Gary Morrison, Jennifer Monson 1. Call to Order— Roll Call 2. Approval of Minutes of August 1, 2018 Commissioner Peilen made a motion to approve the minutes. Commissioner Tatalovich seconded the motion, and the motion passed on a vote of 5-0. 3. Public Hearings A. Zoning ordinance amendment — educational facilities in the R-4 Zoning District Applicant: Yeshiva of Minneapolis Case No.: 18-39-ZA Gary Morrison, Assistant Zoning Administrator, presented the staff report. Yeshiva of Minneapolis, 3115 Ottawa Ave. S., is requesting an amendment to the zoning ordinance to allow dormitories at schools located in the R-4 Multiple - Family Residence district. He provided background on the high school and dormitories. He discussed the anticipated expansion to the facilities. He explained that proposed improvements will require several zoning applications. The first step would be to amend the zoning ordinance to increase the maximum number of students allowed to live at the school. Mr. Morrison reviewed proposed conditions to the amendment. Commissioner Peilen asked about parking. Mr. Morrison said parking would be located along the south of the property, across the street in an existing parking lot, and in the back of the school. He said parking required for a school is based on teachers in classrooms. A higher formula is required for a high school. However, students are not allowed to Official Minutes Planning Commission September 5, 2018 Page 2 have cars at Yeshiva. Mr. Morrison added that parking could be reviewed in depth with the future applications that come forward. Chair Robertson asked about R4 zoning adjacent to the site. Mr. Morrison stated there is RC high density multiple family to the west, R3 to the north and east, and the Belt Line development area to the south. Commissioner Johnston -Madison asked Mr. Morrison for a map showing the area. Mr. Morrison presented a zoning map indicating the zoning of the parcel and adjacent properties. Commissioner Johnston -Madison asked what would happen if Yeshiva chose to change the rules to allow cars. Mr. Morrison responded the applicant would then have to come forward to amend the conditional use permit, as this is included as a condition of the approval. Shlomo Kutoff, dean and founder, Yeshiva of Minneapolis, spoke about the school's growth. He said they have no intention of allowing students to have cars. He said it would be a tremendous addition if they could house more students. Mr. Shlomo stated the school currently has 45 out-of-town students that are housed at the site and 35 local students. Chair Robertson opened the public hearing. As no one was present wishing to speak, he closed the public hearing. The Chair said he was comfortable that the planned proposal would not be spot zoning. Commissioner Peilen made a motion recommending approval of the zoning ordinance amendment pertaining to education facilities in the R-4 Multiple - Family Residence as recommended by staff. Commissioner Tatalovich seconded the motion, and the motion passed on a vote of 5-0. Official Minutes Planning Commission September 5, 2018 Page 3 B. Zoning ordinance regarding home occupations Applicant: City of St. Louis Park Sean Walther, Planning and Zoning Supervisor, presented the staff report. He stated that the city council directed staff to explicitly prohibit firearm sales as a home occupation. He discussed the home occupation land use description currently in the zoning code. He explained the purpose of the proposed amendment is to clarify that the rules apply to both for-profit and not-for-profit home occupations and to also explicitly prohibit certain additional home occupational uses. He stated those uses include firearm sales, currency exchange, payday loan agency, sexually -oriented business and high impact sexually oriented businesses. All of these uses are currently required to be separated from residential uses when located in a commercial district. Chair Robertson and Mr. Walther discussed the difference between a firearm sale and a retail sale. Commissioner Peilen asked about a ban on retail sales. She said there are any number of women's clothing lines that are sold in the home. She described these sales as occurring approximately four times a year. Samples are shipped back to the retailer and items purchased are shipped directly to the customer. Mr. Walther said the type of activity as described by Commissioner Peilen is not prohibited. Commissioner Johnston -Madison said many multi-level marketing businesses are run out of homes. Product is being stored in homes. She said she didn't think those businesses could be construed as retail sales. Commissioner Johnston -Madison asked city council's intent in prohibiting firearm sales as a home occupation. Mr. Walther responded it came up when council asked how the city currently regulates firearm sales and where they are permitted. Commissioner Johnston -Madison asked if any Federal Firearms Licensees (FFLs) are selling firearms from their homes today in St. Louis Park. Mr. Walther stated he believed there are approximately six current FFLs operating as home occupations at this time. Official Minutes Planning Commission September 5, 2018 Page 4 Commissioner Johnston -Madison noted for the record that she didn't appreciate some of the wording in the emails received from the public on the proposed amendment. She asked about the procedure of licensing. Mr. Walther said he doesn't know all the details of how the licenses are issued. He said the zoning division is asked whether or not that use is allowed in the zoning ordinance. That is asked initially when a license is being obtained and again when it is renewed. The zoning division is asked if the FFL meets the local regulations. The Chair said he would like more definition about firearm sales as a primary home occupation or as a related home occupation like gunsmith. He said sometimes gunsmiths will make a sale of a custom item that was manufactured on site. Mr. Walther said the city will have to look at every case individually. He said he doesn't believe gunsmith would meet current regulations for home occupations. He added that conditions for home occupations as an accessory use in each district are noted in the zoning code. Chair Robertson said with gunsmith there seems to be a gray area that a firearm might be produced off site but modified on site. He went on to say this is a complex item and he doesn't have enough information such as wording and definitions to feel comfortable voting on the item. He suggested holding the public hearing and tabling the vote. Commissioner Johnston -Madison said she agreed. She said she doesn't have enough information and also wants background information on why this is being proposed. Mr. Walther asked the commission to provide him with specific questions. Commissioner Peilen said she would not vote to table. She said she doesn't think guns have any business being sold in private residences. The Chair said he would like to sit down with the six FFLs and see how they do business. He said he doesn't see the purpose of the extra proposed step. Mr. Walther said there are approximately six FFL holders that operate as a home occupation. He's spoken with one FFL holder who primarily does internet sales of collector antique firearms. He explained how the proposed amendment would limit new future home occupations. Official Minutes Planning Commission September 5, 2018 Page 5 Chair Robertson said he sees zero issue with this and doesn't see why it should be prohibited. Commissioner Kraft asked what surrounding cities are doing about this. Mr. Walther responded it varies from city to city. Conditions are similar but there are differences in each city. He added that the city attorney attended the city council study session where the issue was discussed and the attorney's opinion is that cities can place reasonable limits upon firearm sales, including the proposed zoning code amendment. Chair Robertson opened the public hearing. Rob Doar, political director and vice president of MN Gun Owners Caucus, 716 County Hwy. 10, Minneapolis, distributed his letter opposing the proposed ordinance to the commission. He said commissioners' questions were good. He said the question of why is important as state statute specifically protects firearms dealers, and requires that any ordinances to be enacted be reasonable, non -arbitrary and non-discriminatory. He stated there has to be a very significant justification of why the ordinance would be enacted. Mr. Doar said the major function of FFLs is firearm transfers. He said FFLs have to renew their license every three years which includes a federal inspection. He said many gunsmiths are often FFL dealers. He stated the vast majority of FFL dealers sell at gun shops and gun shows and are not handling customer traffic at their front doors. Mr. Doar said there are important distinctions of the functions of what FFL dealers do that go beyond the scope of the intent of retail sales. He said prohibiting those functions would be discriminatory and arbitrary. Mr. Walther noted that email correspondence opposing the proposed amendment and comments on 2nd amendment rights had been received and distributed to the commission at the beginning of the meeting. Email correspondence opposing the ordinance was received from David H. Anderson, Robert J. De brey, Ryan Daniels, James Guertin, Taylor Jones, Kevin S., Thomas Knute, Marc Olivier, Matthew Race, Rocky Vandal and James Allison, 5639 Nicollet Ave., Mpls. Emails were received by city staff after 3:30 p.m. on September 5, 2018. The Chair closed the public hearing as no one else was present wishing to speak. Chair Robertson stated he understands the logic of separating gun sales from neighborhoods, but a retail gun sale with transfer is different. This kind of Official Minutes Planning Commission September 5, 2018 Page 6 firearm sale is already separated from the neighborhood. He said he wouldn't vote to approve the amendment as it seems discriminatory and he doesn't see that there is an issue. He said his understanding is that the federal regulations are pretty strict and guns aren't being sold out the door. He added that to force someone to rent an office space to do their business is burdensome and he isn't comfortable with it. Commissioner Peilen said she isn't comfortable with storage and distribution of guns from homes. Commissioner Johnston -Madison remarked that she wants to receive more information. She wants a good reason for the amendment that is definable and explainable. She stated she wants facts. She referenced a gun study in one of the emails. Commissioner Johnston -Madison said she'd like to see the item tabled. The Chair asked Commissioner Franklin, youth member, for her thoughts about gun issues. Commissioner Franklin responded that students are scared. She said students aren't fully educated about this issue. She said the ones who are fully educated about the issue are speaking up about their fears. She said she would like to know more about the proposed amendment. Commissioner Tatalovich stated that none of the emails received appeared to come from St. Louis Park residents. Commissioner Tatalovich made a motion recommending tabling the request. He added that his opinion on this subject is much closer to Commissioner Peilen's. Commissioner Johnston -Madison seconded the motion, and the motion to table passed on a vote of 4-1 (Peilen opposed). In summary, the Chair requested information on what the city is trying to fix and if there is an issue to be addressed. Commissioner Johnston -Madison asked to know why the council is recommending this and if there are any studies that we should be aware of. Commissioner Peilen added that details regarding home based sales need to be developed. Mr. Walther asked commissioners in clarifying the ordinance broader restrictions on retail sales if they wanted it to be more restrictive or less restrictive than the current rules. Official Minutes Planning Commission September 5, 2018 Page 7 The Chair responded it needs to be more defined. Commissioner Tatalovich spoke about finding a certain threshold the city should be looking at in terms of home occupations and retail sales. Commissioner Peilen said a lot of people could be put out of business so a greater definition of what is allowed and what isn't allowed needs to be determined. 4. Other business 5. Communications Mr. Walther discussed the adoption of the moratorium on the former Sam's Club property at 3745 Louisiana Avenue for the purpose of reviewing land use and zoning regulations for property. He discussed changes for the property which are proposed in the 2040 Comprehensive Plan. He noted that the next Planning Commission meeting will be held on October 3, 2018. 6. Adjournment The meeting was adjourned at 7:00 p.m. Study Session — Tour The regular meeting was followed by a study session tour of AC Hotel by Marriott, 5075 Wayzata Boulevard, and a walking tour of the West End to observe window transparency examples and pedestrian scale amenities. The tour was adjourned at 8:00 p.m. Respectfully submitted, Nancy Sells Recording Secretary