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HomeMy WebLinkAbout2019/04/03 - ADMIN - Minutes - Planning Commission - RegularOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA APRIL 3, 2019 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lisa Peilen, Carl Robertson, Matt Eckholm, Lynne Carper, Joe Tatalovich, Jessica Kraft, Claudia Johnston-Madison MEMBERS ABSENT: Alanna Franklin, Joe Tatalovich STAFF PRESENT: Jacquelyn Kramer, Sean Walther 1.Call to Order – Roll Call 2.Approval of Minutes: None 3.Public Hearings A.Home Occupations Applicant: City of St. Louis Park Case Nos: 18-43-ZA Mr. Sean Walther, Planning and Zoning Supervisor, presented the staff report. Commissioner Peilen stated she doesn’t understand why the city would care what happens within the house. Commissioner Carper asked how we would address the issue of space that is allowed within a home when it comes down to a full basement. Mr. Walther responded that staff would likely consider that to be one room. Commissioner Carper asked if that would mean it’s impossible to have any of the business upstairs above the basement, would it all need to be downstairs? Mr. Walther responded that in that situation that would be correct. Commissioner Carper asked about business not being able to be conducted within in any attached or detached accessory building, would this also mean they cannot use the accessory building for storage. Mr. Walther responded that if the items are specifically related to the home occupation then it would be prohibited, but if the items could be used for the Official Minutes Planning Commission April 3, 2019 Page 2 principal use of the site, which is a residence, then that m ay be allowed. It’s a fine line but this rule has been in place for many years. Additionally, this is not a change that’s being proposed, this is the current regulation. Commissioner Carper asked how we can go about changing this rule. Mr. Walther responded that if there was complete agreement in what the rule ought to be the commission could make the change and edit the rule this evening. If it’s something that will need additional discussion, it would be best to hold off to discuss this at a future date. Commissioner Peilen asked when this item would be going to council. Mr. Walther responded if it’s moved on this evening, it will likely go to council in May. Commissioner Peilen stated if this is the current rule, then we’re debating something that’s already been adopted by a previous council. Commissioner Carper brought up the issue of only being able to have items related to the home reside in an accessory building and related it to a possible mailing business where you may need to ship things out. This would require you to have a scale for weighing packages, packing materials and other various material to get the job done. These items aren’t usually found in the home. Commissioner Carper asked about the policy regarding no person should be employed at the residence who does not legally reside in the home, the exception being a licensed group family. He asked if this is only full-time employment, or are we itemizing any type of employment? He provided an example of a business owner having their book keeper coming in to do paperwork and financials for the business. The rule would say they could not come in because they are an employee of the home owner. Mr. Walther responded that this is a fine point, but if they are employed simply and only by that business, that would not be allowed if they’re not residing on the site. This policy is intended for the residence of the home who is running the business, not for outside employees being dispatched to the location. Commissioner Carper asked about how the businesses were chosen to be excluded as home occupations. Mr. Walther responded he can only speak on the items that were added, not to the previous uses already listed. The newly listed items are added because zoning Official Minutes Planning Commission April 3, 2019 Page 3 includes restrictions from being located within a certain distance to residential and so therefore should not be allow in residences and residential zoning districts. Commissioner Johnston-Madison said she shares similar issues of that of Commissioner Peilen and Commissioner Carper. She stated the commissioners were asked if they would agree to add restricting firearm sales as a home occupation. Planning commission learned more about the ordinance that has been in effect for several years and hasn’t been reviewed for some time. Commissioner Johnston-Madison said she wants to review this ordinance further to make more changes to the policy. Commissioner Carper asked Mr. Walther about the repetition of the ordinance in multiple sections. Mr. Walther explained that the home occupation rules are listed in each residential zoning district under the accessory uses that are allowed in the district. This makes the rules easier to find for residents when viewing the uses allowed in the district they live in. Commissioner Robertson asked about the accessory building section where it discusses attached and detached accessory buildings and clarified that an attached accessory building would include an attached garage. Mr. Walther responded in the affirmative. Chair Eckholm opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Kraft commented that she can buy the argument on the suggested exclusions for home occupations as those uses already are required to be a certain distance away from residential. It would seem counterintuitive to then allow them to be a home occupation. Commissioner Roberts said he agrees with Commissioner Johnston-Madison, that the ordinance needs to be relooked at. Having issues with how the ordinance is and adding to it does not help it, nor does it seem necessary. Commissioner Peilen said some of the proposals could have a negative impact on people’s ability to be successful in a home-based business. She offered a motion to strike the rule that says, “Space within the dwelling devoted to the home occupation does not exceed one room or 10 percent of the floor area whichever is greater.” Official Minutes Planning Commission April 3, 2019 Page 4 The chair said the motion is on the table and asked if anyone would second. There was no second on the motion. Mr. Walther added that the purpose behind having a restriction on the amount of space in the home that is used for the home occupation is to get at the heart of this as an accessory use. It is common to find this rule in an ordinance like this throughout the country, whether 10% is the right number is another question. Commissioner Peilen responded that what makes the use incidental is the frequency. Commissioner Carper commented that we need something that will restrict but doesn’t leave the door open for abuse. Commissioner Peilen stated there is never going to be a perfect ordinance. Someone can always find a way around one if they want to and felt this will do more harm than good. She shared a hypothetical example when using more than one room or 10% of a house may be needed at times. She stated she is open to redefining the amount of space. Commissioner Robertson said he believes there should be a percentage and 10% seems too low, but that it also should be noticeably less than 50% because we do want it to be an accessory use. The ordinance needs to be reworked and he does not want to approve anything to move ahead without doing so. Commissioner Peilen withdrew her previous motion. Commissioner Carper responded that the commissioners were brought the ordinance solely look at firearm sales in the home and have discovered that there’s other issues in terms of appropriate restriction within the ordinance. It’s important this ordinance not go through and to start immediately convening study sessions to work on redoing the ordinance. Commissioner Johnston-Madison said if they are to consider adding the five categories she is against it. Commissioner Kraft added that a lot of the issues everyone seems to have with this ordinance are already in effect today and having everyone vote for this or against it doesn’t change those items. It’s something everyone should be considering while voting tonight. Commissioner Robertson made a motion to not approve these changes to the zoning code. Commissioner Johnston- Madison seconded the motion. Official Minutes Planning Commission April 3, 2019 Page 5 Commissioner Peilen said she also supports the motion, but she comes from a different place because she would like to support the restriction of firearm sales. She is tempted to vote for it, but cannot support the overall proposal. Chair Eckholm said he also supports the firearm restrictions as written as well as the other four businesses, but the topic has revealed deeper issues with this ordinance that need to be addressed that might not ever be addressed if we just pass it as written. Commissioner Carper said if we were to prevent firearm sales under this ordinance it wouldn’t make any difference in terms of gun ownership to people who live in St. Louis Park, Minneapolis, Minnesota and the United States. He continued his response by saying it doesn’t cut off a supply of guns to criminals or anyone else and if we were to add another gun seller to the city it wouldn’t make a big difference either due to how well regulated they are. Commissioner Robertson presented the motion again, to not approve the changes to the zoning code, and the motion passed on a vote of 4-1-1 (Commissioner Kraft opposed, Chair Eckholm abstained). 4.Other Business: None 5.Communications: Mr. Walther reminded commissioners that on Monday, April 8th there would be a joint study session with City Council to discuss two items on their agenda. One is the Ground-Floor Commercial Transparency Requirements. The other is the 2019 Work Plan. The Commission’s items should begin around 7:30 p.m. though the meeting starts at 6:30p.m. Mr. Walther said there is a study session immediately following the regular meeting tonight, to discuss multiple zoning map amendments related to the comprehensive plan land use changes that have been approved by the City Council. There are about one hundred ten properties in the community that were re-guided for a different future land use. 6.Adjournment The meeting adjourned at 6:47 p.m. and was followed by a study session. Official Minutes Planning Commission April 3, 2019 Page 6 STUDY SESSION 1.Comprehensive plan related zoning map amendments Ms. Kramer summarized the comprehensive plan and explained that the re-guiding of the parcels resulted in about 72 of the properties with a mismatch between the new land use guidance and the existing zoning. Ms. Kramer and the Commissioners discussed options on the best strategy to make affected property owners and neighbors aware of the comprehensive rezoning process. Staff proposed an open house-style meeting to answer questions from residents and property owners. Advertising for the open house would be mailed to all properties within 350 feet of a parcel that is proposed to be rezoned and through the City’s social media. By hosting this open house, staff hope to gauge interest in the future public hearing with the Planning Commission. Commissioners agreed on staff hosting an open house for the public. The meeting is planned for May and the public hearing would occur sometime in June. Ms. Kramer reviewed the zoning map and the proposed zoning changes. Mr. Walther and commissioners discussed a potential transit oriented development (TOD) zoning district that is needed as a result of the new land use guidance. Architectural standards, housing density, and inclusionary housing requirements were included in the discussion. The commission agreed that until a TOD district is established, staff should rezone parcels guided for TOD to one of the city’s current zoning district categories, such as mixed use, business park, office, high density residential or general commercial. The study session adjourned at 7:52 p.m.