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HomeMy WebLinkAbout2019/06/05 - ADMIN - Agenda Packets - Planning Commission - RegularAGENDA PLANNING COMMISSION COUNCIL CHAMBERS 6:00 P.M. JUNE 5, 2019 1.Call to order – Roll Call 2.Approval of Minutes: April 3, 2019, April 17, 2019 and May 15, 2019 3.Hearings A.Bridgewater Bank Corporate Center – Planned Unit Development Major Amendment Applicant: Peter Brodd Location: 4424 & 4400 Excelsior Blvd and 3743 Monterey Dr. Case No.: 19-13-PUD B.Zoning Ordinance Amendment – Mobile Uses Applicant: City of St. Louis Park Case No.: 19-11-ZA 4.Other Business A.Planning Commission By-laws 5.Communications 6.Adjournment If you cannot attend the meeting, please call the Community Development office, 952.924.2575. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the administration department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Planning Commission Pg. 1 Planning Commission Pg. 2 UNOFFICIAL 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 Planning Commission Pg. 3 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 Planning Commission Pg. 4 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.” Planning Commission Pg. 5 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. Planning Commission Pg. 6 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. Planning Commission Pg. 7 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 83 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 form 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. Planning Commission Pg. 8 UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA APRIL 17, 2019 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Joe Tatalovich; Lisa Peilen; Carl Robertson; Alanna Franklin (youth member); Matt Eckholm; Lynne Carper; Claudia Johnston- Madison; Jessica Kraft MEMBERS ABSENT: None. STAFF PRESENT: Sean Walther; Jennifer Monson; Jacquelyn Kramer 1.Call to Order – Roll Call 2.Approval of Minutes: March 20, 2019 and April 17, 2019 Commissioner Robertson made a motion to approve the minutes. Commissioner Carper seconded the motion, and the motion passed on a vote of 7-0. 3.Public Hearings A.Mixed use zoning ordinance Applicant: City of St. Louis Park Case Nos: 19-08-ZA Jennifer Monson, Planner, presented the staff report. The proposed amendments are for the mixed use zoning district and explained that several of the parcels are currently guided for mixed use in the city. Commissioner Peilen asked for more detail on exactly what a glazed transom is and why it is encouraged. Ms. Monson responded that a glazed transom is a window above a door or window, to add visual interest, daylight to internal spaces and pedestrian activity to the street. Commissioner Carper asked for more detail regarding the inclusionary commercial policy. Mr. Walther said the Economic Development Coordinator is looking into the details to effectively administer the ordinance. Planning Commission Pg. 9 Commissioner Carper asked a question regarding the 20 foot wide pedestrian connection through parking lots, and asked for other examples in the city. Ms. Monson said the language is taken from another portion of the code, and a good example where this was applied would be the renovations to the Shoppes at Knollwood. Chair Eckholm sited the sidewalks located at the Highway 7 Target, and the purpose of them is to provide a safer route through a large parking lot to get to the store. Commissioner Robertson commented that he took issue with the reference to ensuring high quality architecture design. He stated it is not something the commission can ensure. He suggested using the word ‘promote’ instead. Commissioner Robertson stated the performance standards should be revised to clarify that residential uses are allowed, but not required, in a mixed use building. It could have retail uses on the first floor with offices uses above.. Commissioner Robertson discussed the conditions for private entertainment uses. Ms. Monson said private indoor entertainment was prohibited in buildings with residential uses due to fitness equipment vibration and noise. Commissioner Johnston-Madison agreed with Commissioner Robertson that the conditions should be amended to not prohibit all private indoor entertainment with residential uses. Commissioner Carper asked for clarifications regarding conditions for hotel and motel uses. Ms. Monson said permitted accessory uses are allowed on 25% of the building frontage and the other 75% have to be non-residential active uses. A quarter of the ground floor building frontage could be the hotel lobby or entrance. She said the rooms for a hotel or motel are not allowed to be along the front ground floor of the building. She said she would clarify the language in the code. Commissioner Carper asked about the transparency description and how we go about determining what high transparency and low reflecting is. Starbucks was given as an example of the window transparency and how difficult it can be to see in. How are we able to define it so everyone is following the same rule and go out and define the ordinance. Planning Commission Pg. 10 Ms. Monson said since the planning commission and city council are still discussing window transparency throughout the city, we can delete the definition and all references to transparency in the mixed-use district, and reference whatever is adopted for the rest of the zoning ordinance. Chair Eckholm opened the public hearing and then closed the public hearing as no one was present to speak. Chair Eckholm asked if the commission had any amendments or motions. Commissioner Robertson motioned to strike the transparency section until it can be discussed further, which would also include the definition of transparency. Commissioner Carper seconded the motion. Commissioner Kraft asked if the mixed use district will reference the proposed transparency ordinance still being review by the commission and city council. Ms. Monson responded that the mixed use district references all other required portions of the zoning code when rules are not specified in the district. Commissioners voted and the motion passed on a vote of 7-0. Commissioner Robertson made a motion to remove conditions 1 and 3under private indoor entertainment. Commissioner Carper seconded the motion, and the motion passed on a vote of 7-0. Commissioner Carper made a motion to remove the discussion on inclusionary commercial. Commissioner Kraft seconded the motion. Commissioner Robertson said he believes this to be an important enough provision to maintain, even if it needs later refinement, and that it would help start the discussion with developers. Chair Eckholm agreed with Commissioner Robertson. Commissioner Carper said after hearing commissioners’ arguments, he agreed and withdrew his motion, and Commissioner Kraft agreed to withdraw her second to the motion. Commissioner Robertson stated that 80% class I materials is too high of a minimum and asked for thoughts from the other Commissioners. Planning Commission Pg. 11 Chair Eckholm said he would prefer to remove the material requirements in the mixed-use district at this time, and instead reference the architectural standards used elsewhere in the zoning code, because the planning commission will be working on an ordinance updating material requirements throughout the city. Commissioner Kraft agreed. Commissioner Robertson made a motion to strike the requirements for 80% class I materials. Commissioner Kraft seconded the motion. Commissioner Carper asked if striking this will create problems later and asked Mr. Walther for his opinion. Mr. Walther said it would defer to the existing class materials contained elsewhere in the zoning code and should not cause any problems. The motion passed on a 7-0 vote. Commissioner Robertson made a motion to replace the word ensure with promote and to delete the second promote in the purpose section regarding high quality architectural design. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 7-0. Commissioner Robertson made a motion to recommend approval of the ordinance with the changes that have been made. Commissioner Peilen seconded the motion, and the motion passed on a vote of 7-0. 4.Other Business Commissioner Carper followed up with Mr. Walther about the student member of the Commission being able to vote. Mr. Walther said he followed up with the City’s attorney and the conversation broadened. The city will be looking at this issue and how it applies to student members on all the boards and commissions. Mr. Walther said administration is looking to hire someone on a short-term basis that will be working on youth specific opportunities throughout the community and this can be an item they could focus on. Because of this we think it’s best to hold off on this until the staff person is hired to review this for all commissions. 5.Communications: Planning Commission Pg. 12 Mr. Walther stated that following there will be a study session on Accessory Dwelling units. Mr. Walther said that the next meeting on May 1 will be a Public Hearing for a temporary amendment for food trucks and mobile uses, with a possible study session item. Mr. Walther stated that City Council approved the first reading of an ordinance amendment to chapter 2 of the ordinance / city code, which is appointing Planning Commissioners as the members of the Board of Zoning Appeals. The second reading will be scheduled for May 6 and effective by the end of May. 6.Adjournment The meeting was adjourned at 6:55 p.m. STUDY SESSION 1.Accessory Dwelling Units (ADU) Staff and commissioners went over the topics and goals for the night which included; ADU ordinance policy, what the city council wants to see and what the Planning Commission wants. City Council gave a mandate to look into ADU’s as referred in the comp plan and one of the goals for city council is to have as many eligible properties have access to the ADU ordinance. Ms. Kramer went over the results of the ADU survey that was sent out before the meeting with the commissioners and discussed as needed as brought up. And prepare any questions that come up during discussion for staff to look further into. The topic of vacation rentals such as Air BnB and VRBO was brought up as something that will need to be addressed if the push for ADU’s continues because of the popularity throughout the states. The study session commenced at 8:00 p.m. Planning Commission Pg. 13 Planning Commission Pg. 14 UNOFFICIAL MINUTES PLANNING COMMISSION STUDY SESSION ST. LOUIS PARK, MINNESOTA May 15, 2019 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Joe Tatalovich; Carl Robertson; Matt Eckholm; Lynne Carper; Claudia Johnston-Madison; Jessica Kraft MEMBERS ABSENT: Lisa Peilen; Alanna Franklin (youth-member) STAFF PRESENT: Sean Walther, Jennifer Monson, Julie Grove STUDY SESSION 1.Historic Walker Lake Zakcq Lockrem, planning consultant with Asakura Robinson, presented the draft Historic Walker Lake Revitalization Plan, including overall existing conditions, previous planning work that has already been done, and the community’s desire to maintain the area’s character and walkability while allowing for more vibrancy. Mr. Lockrem reviewed the plan recommendations including public realm standards; massing, scale, and architectural recommendations for private sites; parking regulation changes; proposed and prohibited uses; wayfinding and public art; and placemaking items that could be implemented through a merchant’s association. Commissioners discussed the current parking available in the area and potential ideas for future parking; while encouraging walking and biking to the area or future use of the light rail. Commissioner Carper expressed a desire for additional benches throughout the district to help facilitate walking. Commissioner Johnston-Madison asked whether the plan also recommends prohibiting drive-thru traffic. Discussion followed and the commission agreed the plan should recommend that drive-thru businesses be prohibited. Mr. Lockrem stated that area businesses are already looking to establish a merchant’s association for the area, which could take place in the next few months and would be the first merchant’s association in St. Louis Park. Their first goal is to focus on marketing to promote events and special deals being Planning Commission Pg. 15 offered by the stores within the merchant’s association and coordinate sales and other events such as open streets. Grants are currently being applied for to fund public art to make the area more vibrant. 2.Board of Zoning Appeals (BOZA) Mr. Walther explained the reason for BOZA, what to expect moving forward in the future including the number of meetings expected to take place. The commissioners agreed that the current planning commission chairs should also chair BOZA, and maintain the 6:00 p.m. start time. Commissioners requested that a copy of the planning commission bylaws be emailed as well as the BOZA bylaws to compare the two documents. Commissioners will also be provided with an updated contact form of the commissioners address/numbers/emails as soon as they are available. Mr. Walther reminded everyone to review and read through the by-laws and see if there are any other changes that should be discuss at a future study session. Mr. Walther invited commissioners to the State of the Community event that is scheduled for May 30 from 6:00 - 7:30 p.m. at the ROC. There will be a table setup to provide information about the planning commission. The study session ended at 7:30 p.m. Planning Commission Pg. 16 Meeting: Planning Commission  Meeting Date: June 5, 2019  Agenda Item: 3A  3A.  Bridgewater Bank Corporate Center – major amendment to Section 36‐268‐PUD 13  Case Number.: 19‐13‐PUD  Recommended  Action:   Chair to open public hearing, accept comments, and close the  hearing.  Motion  to  recommend  approval  of  the  planned  unit  development major amendment and ordinance revising City  Code Section 36‐268‐PUD‐13.  Review Deadline:  60 Days: 7/10/2019             120 Days: 9/10/2019  Background: Peter Brodd representing Bridgewater Bank/Bridgewater Bancshares, LLC is  seeking a planned unit development major amendment for the property located at 4400  Excelsior Blvd.    The applicant requests these changes to increase the size of an allowed restaurant from 4,000  square feet to 5,500 square feet on the ground floor of the new Bridgewater Bank Corporate  Center. No alterations to the building footprint are proposed. The revisions also result in minor  changes to the first floor plan and three larger windows on the first floor east wall of the  building.  Traffic and parking studies have been updated to reflect the final building design and the  proposed 5,500 square feet of restaurant. Due to overall building refinements, the studies show  less parking demand and less traffic generated than projected in the original approvals, even  with the larger restaurant space. The original traffic study was done using gross square footage  of the building (outside wall to outside wall) and not refined plans. The updated studies utilize  net square footage (inside wall to inside wall), which was advised per SRF Consulting, and the  actual floor area that is being constructed as per the building plans.   In addition, Bridgewater Bank revised their travel demand management plan to include valet  parking in the lower level secure parking area during evening and weekend hours if parking  demand is high.  Public Input: A neighborhood meeting was not warranted for this request as the updated traffic  and parking study showed a reduction in overall traffic impact and parking demand compared  to what was originally approved by city council. Staff have not yet received any phone calls or  written comments regarding the application in response to the public hearing notices. Public  comments will be accepted during the public hearing.   Planning Commission Pg. 17 Meeting of June 5, 2019  Agenda Item No. 3A – Bridgewater Bank Corporate Center – Major Amendment to Section 36‐268‐PUD‐13  Recommendation: Staff recommends approval of the amendment to Section 36‐268‐PUD 13 to  accommodate the proposed amendments. All the other original conditions of approval will  remain effective.   Attachments:   Draft ordinance Interior floor plans: approved and proposed Updated traffic and parking study (SRF Consulting) Prepared by:   Jennifer Monson, Planner  Reviewed by: Sean Walther, Planning and Zoning Supervisor  Planning Commission Pg. 18 Meeting of June 5, 2019  Agenda Item No. 3A – Bridgewater Bank Corporate Center – Major Amendment to Section 36‐268‐PUD‐13  Ordinance No. ___‐19  Ordinance amending Section 36‐268‐PUD 13  The City of St. Louis Park does ordain:  Section 1. The St. Louis Park Ordinance Code, Section 36‐268‐PUD 13 is hereby amended  by deleting strikethrough text. Section breaks are represented by ***.  Section 36-268-PUD 13. *******  (c) Permitted with Conditions (3)Restaurants with or without intoxicating liquor license. The conditions are as follows: a.A maximum of 4,000 5,500 gross square feet shall be used for restaurants. This use shall be permitted as part of a larger development which contains at least one other principal use or as part of a PUD. b.A Travel Demand Management Plan shall be implemented and shall provide ongoing mitigation while a restaurant use is present. c.These uses shall not result in any exterior building modifications, including truck docks or freestanding signage, overnight truck parking or similar features. d.If there is a wine, beer, and/or intoxicating liquor license, the Restaurant uses shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. e.In vehicle sales is prohibited. Section 2. This ordinance shall take effect (August 9, 2019)  Reviewed for administration: Adopted by the City Council (July 15, 2019)  First Reading June 17, 2019  Second Reading July 15, 2019  Date of Publication  July 25, 2019  Date Ordinance takes effect  August 9, 2019  Planning Commission Pg. 19 Meeting of June 5, 2019  Agenda Item No. 3A – Bridgewater Bank Corporate Center – Major Amendment to Section 36‐268‐PUD‐13  Thomas K. Harmening, City Manager Jake Spano, Mayor   Attest:  Approved as to form and execution:  Melissa Kennedy, City Clerk Soren Mattick, City Attorney  Planning Commission Pg. 20 Meeting of June 5, 2019  Agenda Item No. 3A – Bridgewater Bank Corporate Center – Major Amendment to Section 36‐268‐PUD‐13  Approved Plans  Planning Commission Pg. 21 Meeting of June 5, 2019  Agenda Item No. 3A – Bridgewater Bank Corporate Center – Major Amendment to Section 36‐268‐PUD‐13  Proposed Plans  5,500 square feet Planning Commission Pg. 22 Memorandum ONE CARLSON PARKWAY, SUITE 150 | MINNEAPOLIS, MN 55447 | 763.475.0010 | WWW.SRFCONSULTING.COM SRF No. 12793.00 To: Jennifer Monson, AICP City of St. Louis Park From: Matt Pacyna, PE, Principal Brent Clark, EIT, Engineer Date: May 16, 2019 Subject: Bridgewater Traffic and Parking Study Addendum Introduction SRF has completed an addendum for the traffic and parking studies related to the Bridgewater Site development in the City of St. Louis Park. The land use assumptions of the proposed development have changed since completion of the 4400 Excelsior Boulevard Traffic Study and the Bridgewater Parking Study, dated February and April of 2018, respectively (hereon referred to as the 2018 Traffic Study and 2018 Parking Study). Therefore, the main objectives of this addendum are to determine how the proposed land use has changed, compare trip generation and parking estimates and assumptions, and determine if previous study analysis/recommendations are still valid or if additional mitigation is necessary. The following information provides the assumptions, analysis, and recommendations offered for consideration. Land Use Assumptions Since completion of the 2018 Traffic Study and the 2018 Parking Study, the proposed land use assumptions of the Bridgewater development have been refined. The 2018 Parking Study included two land use scenarios, a retail scenario and a restaurant scenario. Since the refined land use assumptions include a restaurant, the previous restaurant scenario will be the base scenario compared in this addendum. The updated land use assumptions, shown in Table 1, indicate that all land uses other than the restaurant have been reduced. The restaurant square footage has increased approximately 1,500 square feet and has been refined from a high-turnover sit-down restaurant to a fine-dining restaurant. The fine-dining restaurant plans to provide valet parking, a strategy suggested in the 2018 Parking Study, to utilize the level-P2 parking during weekends and evenings, when office parking demand is low. Previous on-site parking and access assumptions are expected to remain unchanged. Table 1. Proposed Development Size Comparison Type of Use 2018 Traffic Study 2018 Parking Study (1) Current Office 63,129 SF 54,993 SF 53,114 SF Retail – Shopping Center 4,030 SF 4,000 SF 1,763 SF Retail – Restaurant 3,500 SF 3,256 SF 5,500 SF (2) Bank 7,152 SF 7,048 SF 6,747 SF (1) Restaurant Scenario (2) Modified from a high-turnover sit-down restaurant to a fine dining restaurant Planning Commission Pg. 23 Jennifer Monson May 16, 2019 City of St. Louis Park Bridgewater Traffic and Parking Study Addendum Trip Generation Review To better understand potential traffic impacts associated with the current development proposal, trip generation estimates for the weekday a.m. and p.m. peak hours and on a daily basis were calculated using the ITE Trip Generation Manual, 10th Edition, the most current ITE trip generation edition. Previously, the 2018 Traffic Study utilized the 9th Edition; the current version at the time of the study. The updated trip generation estimates for the current proposal are shown in Table 2 and a comparison with the 2018 Traffic Study trip generation estimates are shown in Table 3. It should be noted that to be consistent with the 2018 Traffic Study, a 10 percent modal reduction, a 15 percent multi-use reduction, and pass-by reductions were assumed. The comparison indicates that the current development proposal will generate 46 and 28 fewer peak hour trips during the a.m. and p.m. peak hours, respectively, and 265 fewer daily trips. Since the proposed development is equal to or less than the previous land use for each respective time period, no significant change in overall traffic operations are expected. Table 2. Trip Generation Estimate Land Use Type ITE Code Size A.M. Peak Hour Trips P.M. Peak Hour Trips Daily Trips In Out In Out Current Development Proposal Office 710 – General Office 53,114 Square Feet 53 9 10 51 517 Retail 820 – Shopping Center 1,763 Square Feet Square Feet 1 1 3 3 67 931 – Restaurant (1)(2) 5,500 Square Feet 0 0 29 14 461 Bank 911 – Walk-In Bank 6,747 Square Feet 20 20 36 46 497 Subtotal 74 30 78 114 1,542 Modal Reduction (10%) (-7) (-3) (-8) (-11) (-154) Multi-Use Reduction (15%) (-11) (-4) (-12) (-17) (-231) Total Site Trips 56 23 58 86 1,157 Pass-By Trip Reduction (Retail and Bank Only) (-5) (-5) (-19) (-19) (-212) Current Proposal Net New System Trips 51 18 39 67 945 (1) Modified from a high-turnover sit-down restaurant (ITE Code 932) to a fine-dining restaurant (ITE Code 931) (2) Fine-dining restaurant assumed to be closed during the a.m. peak hour. Table 3. Trip Generation Comparison Net New System Trips A.M. Peak Hour Trips P.M. Peak Hour Trips Daily Trips In Out In Out Current Proposal 51 18 39 67 945 Previous 2018 Traffic Study 88 27 45 89 1,210 Total Change in Trips from Previous 2018 Traffic Study (-37) (-9) (-6) (-22) (-265) Planning Commission Pg. 24 Jennifer Monson May 16, 2019 City of St. Louis Park Bridgewater Traffic and Parking Study Addendum City Parking Requirements A review of the City parking requirements was conducted to determine the updated minimum required spaces based on the City zoning ordinance. A total of 15 spaces of the parking supply are assumed to be reserved for the existing Bridgewater Bank per a shared parking agreement, which is consistent with the 2018 Parking Study. The minimum required spaces based on the City code for the current proposal were compared to the 2018 Parking Study and are shown in Table 4. As shown in Table 4, the minimum required spaces for the current development proposal is 302 spaces, which is a deficit of 20 spaces. Table 4. City Parking Requirements Land Use Square Feet Parking Code Spaces Required Transit Discount Total Required by City Code 2018 Parking Study – Restaurant Scenario Existing Commercial Building 4,123 1 per 250 sf 16.49 10% (1.649) 15 New Retail Bank 7,048 1 per 250 sf 28.19 10% (2.81) 25 New Restaurant 4,000 1 per 60 sf 66.66 10% (6.66) 60 New Retail 3,256 1 per 250 sf 13.02 10% (1.3) 12 New Office 54,993 1 per 275 sf 199.97 10% (19.97) 180 2018 Parking Study Total Spaces Required 292 Total Spaces Provided 282 Surplus/(Deficit) (-10) Current Development Proposal Existing Commercial Building 4,123 1 per 250 sf 16.49 10% (1.649) 15 New Retail Bank 6,747 1 per 250 sf 26.99 10% (2.67) 24 New Restaurant 5,500 1 per 60 sf 91.67 10% (9.17) 83 New Retail 1,763 1 per 250 sf 7.05 10% (0.705) 6 New Office 53,144 1 per 275 sf 193.25 10% (19.325) 174 Current Development Total Spaces Required 302 Total Spaces Provided 282 Surplus/(Deficit) (-20) Planning Commission Pg. 25 Jennifer Monson May 16, 2019 City of St. Louis Park Bridgewater Traffic and Parking Study Addendum Parking Demand Analysis Peak projected parking demand estimates for the proposed land uses were calculated using the Institute of Transportation Engineers (ITE) Parking Manual, 5th Edition, the most current ITE parking manual. Note that since completion of the 2018 Parking Study, the ITE released an updated version of the parking manual (i.e. the 5th Edition), which is used in this addendum. The peak parking demand estimates for the current proposal were compared to the 2018 Parking Study estimates and are shown in Table 5. It should be noted that to be consistent with the 2018 Parking Study, 10 percent modal and 5 percent multi-use reductions were assumed, and the proposed bank was generated using the general office parking rate. Results of the peak parking demand estimates indicate that the current proposal parking demand is estimated to be 260 spaces, which includes 15 shared parking spaces for the Bridgewater Bank. The peak parking demand would be four (4) spaces fewer than the estimates from the 2018 Parking Study and have a surplus of 22 spaces. Therefore, parking supply for the current proposal is expected to be adequate. Table 5. Parking Demand Estimate – Proposed Development (Peak Demand of Each Land Use) Land Use Type ITE Code Size 85th Percentile Rate Demand (Spaces)2018 Parking Study - Restaurant Scenario Office 710 – General Office 54,993 Square Feet 3.45 190 Retail 932 – Restaurant 4,000 Square Feet 17.4 70 820 – Shopping Center 3,256 Square Feet 3.16 10 Bank 911 – Walk-In Bank 7,048 Square Feet 3.45 24 Subtotal 294 Modal Reduction (10%) -29 Multi-Use Reduction (5%) -16 Bridgewater Bank Shared Parking Agreement +15 Total Parking Demand 264 Current Development Proposal Office 710 – General Office 53,114 Square Feet 3.30 175 Retail 931 – Restaurant (1) 5,500 Square Feet 15.35 84 820 – Shopping Center 1,763 Square Feet 3.68 7 Bank 911 – Walk-In Bank 6,747 Square Feet 3.30 22 Subtotal 288 Modal Reduction (10%) -29 Multi-Use Reduction (5%) -14 Bridgewater Bank Shared Parking Agreement +15 Total Parking Demand 260 (1) Modified from a high-turnover sit-down restaurant to a fine-dining restaurant Planning Commission Pg. 26 Jennifer Monson May 16, 2019 City of St. Louis Park Bridgewater Traffic and Parking Study Addendum The parking analysis shown in Table 5 assumes that peak parking for all land uses occurs at the same time, which is not necessarily the case for this site. Therefore, to help determine the parking demand throughout the day for the proposed development, hourly parking demand estimates were developed for the proposed land uses. The resultant time of day information for the current proposal, illustrated in Figure 1, indicates that the peak parking demand is expected to occur between 12:00 p.m. and 2:00 p.m. At this time, the parking demand is expected to be 237 spaces, which includes the 15 shared parking spaces for the existing Bridgewater Bank. Therefore, based on the proposed parking supply of 282 spaces, the proposed development parking demand is expected to have a surplus of 45 spaces during peak conditions. Figure 1. Bridgewater Site Hourly Parking Demand Summary and Recommendations Results of the traffic and parking analysis addendum for the Bridgewater Site indicate that no significant traffic operations changes are expected, and the proposed parking supply is expected to be adequate with the refined land use. However, if parking issues do arise, Bridgewater Bank has developed a TDMP that outlines strategies that the development plans to implement to reduce single- occupancy vehicle trips (i.e. reduces on-site parking demand). H:\Projects\12000\12793\TraffStudy\Reports\Report\12793_BridgewaterParkingTrafficStudyAddendum_190516.docx 0 25 50 75 100 125 150 175 200 225 250 275 300 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM 85th Percentile Parking Rate Office Employees Office Visitors Retail Employees Retail Customers Bank Employees Bank Customers Shared Parking Agreement Restaurant Employees Restaurant Customers Parking Supply (282) Planning Commission Pg. 27 Planning Commission Pg. 28 Meeting: Planning Commission  Meeting Date: June 5, 2019  Agenda Item: 3B  3B. Zoning Ordinance Amendment – Mobile Use  Case No.:   18‐65‐ZA  Recommended  Action:  Chair to open public hearing, take public testimony, and close the  public hearing.  Motion to recommend approval of the zoning ordinance  amendment pertaining to mobile uses on residential properties.  REQUEST: Staff proposes an amendment to section 36‐142(g)(5) and section 36‐82(b)(10) of the  zoning ordinance to allow mobile uses on any property zoned residential, and occupied by a use  other than single or two‐family dwellings.  BACKGROUND: The city received a request to allow a mobile grocery store (pictured below) at  the Hamilton House property, which is a multiple‐family dwelling.   Planning Commission Pg. 29 Meeting of June 5, 2019  Agenda Item No. 3B – Zoning Ordinance Amendment – Mobile Uses   ZONING AMENDMENT: The mobile grocery store is currently not allowed at the proposed  location because mobile uses are not allowed at residential locations. Currently, mobile uses  are prohibited in areas zoned and used for residential purposes. The proposed zoning change, if  approved, would allow mobile uses at any property zoned residential and not occupied by a  single or two‐family dwelling.   The amendment would also allow any type of mobile use that involves food, such as a food  truck or grocery store.   The benefit of the changes is that it allows temporary services, food and activities to multiple‐ family residential locations for community building activities and to meet the needs of the  surrounding residents.  Recommendation:  Staff recommend approval of the attached zoning ordinance allowing  mobile uses at residential properties not occupied by single or two‐family dwellings.  Attachment: Draft zoning ordinance  Prepared by:  Gary Morrison, Assistant Zoning Administrator  Reviewed by:  Sean Walther, Planning & Zoning Supervisor  Planning Commission Pg. 30 BYLAWS OF THE ST. LOUIS PARK BOARD OF ZONING APPEALS Article I — The Board 1.1 Name of Board. The name shall be, THE BOARD OF ZONING APPEALS, ("Board" or "BOZA"). 1.2 Powers. The powers of the Board shall be vested in the Board members (“Members” or “Commissioners”). Article II — Officers 2.1 Officers. The officers of the Board shall be Chair and Vice Chair. 2.2 Chair. The Chair shall preside at all meetings of the Board. The Chair shall have the same voting rights as any other Member and may take an active role in the debate of all matters, except where such matters involve the Chair. 2.3 Vice Chair. The Vice Chair shall perform the duties of the Chair in the absence, incapacity, or resignation of the Chair, who shall serve until the Board elects a new Chair. In the event that the Board elects the Vice Chair to serve as Chair, the Board shall then elect a Member to fill the Vice Chair vacancy. 2.4 Absence. In the absence of the Chair, and Vice Chair, meetings shall be conducted by the most senior Member present in terms of service. 2.5 Staff Liaison. A Staff Liaison (“Liaison”) to the Board shall be appointed by the City Manager and shall be subject to the Administrative Rules and Regulations of the City. The Liaison may facilitate or assist in the meetings and shall be responsible for recording attendance of Board members. The Liaison is responsible for keeping the City Manager informed regarding the business of the Board and shall communicate to the City Manager any problems or issues that may arise. The Liaison shall also be responsible for assisting the Board in considering their financial needs and, if deemed necessary by the Board, shall request appropriate funding from the City Council through the annual budget process. 2.6 Delegation of Duties. Officers may delegate their respective duties imposed under these Bylaws to other personnel as the Board may from time to time deem appropriate. Planning Commission Pg. 31 Article III — Election of Officers 3.1 Election of Officers. The Chair and Vice Chair shall be automatically be appointed to the persons actively serving as the Chair and Vice Chair of the Planning Commission. elected from the Board by its Members at the regular meeting in December of each year, or as shortly thereafter as possible. Nomination of officers shall be made from the floor at the annual organizational meeting, and the elections shall follow immediately thereafter. 3.2 Terms of Office. The Chair and Vice Chair shall take office immediately following their election. Terms of office shall be for one (1) year and shall run from January 1st through December 31st of each year, or until a duly elected successor takes office. Persons holding the position of the Chair and Vice-Chair cannot be reelected to the same position until the election next following the election marking the end of their current term. 3.3 Vacancies. Should the office of Chair or Vice-Chair become vacant, the Board shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Article IV — Meetings 4.1 Meetings. All meetings of the Board shall be conducted in accordance with the Minnesota Open Meeting Law. The proceedings of the meetings shall be conducted using the then current edition as may have been revised of the Sturgis Code of Parliamentary Procedure. 4.2 Annual Meeting. The annual meeting of the Board shall be the regular meeting in December at which time elections will be held and the schedule of regular meetings for the following year will be considered. 4.3 Regular Meetings. The Board shall hold regular meetings on the first and third Wednesday of each month at 6pm. The Board may, by a majority vote, change the regular meeting dates for any reason provided proper public notice of the changed meeting is provided to the public. All regular meetings are held on the fourth (4) Thursday of every month at 6:00 p.m. All regular meetings of the Board shall be held in the City Hall of the City or other public building as noticed. Planning Commission Pg. 32 4.34 Holidays. The Board shall hold regular meetings as set forth in Section 4.23. Provided however, that when the day fixed for any regular meeting of the Commission falls upon any of the council approved holidays. following holidays: Ash Wednesday, Hanukkah, Christmas, Veterans Day, Independence Day, Thanksgiving Day, President’s Day, Martin Luther King Jr. Day, New Year's Day, Passover (first two nights), Rosh Hashanah, and Yom Kippur, such meeting shall be held at the same hour on the next succeeding Tuesday not a holiday. (For Hanukkah, Christmas, Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening before the holiday.) All regular meetings of the Board shall be held in the City Hall of the City or other public building as noticed. 4.45 Special Meetings. Special meetings of the Board may be called by the Chair or two (2) Board members, or by the City Council, for the purpose of transacting any business designated in the call. The call for special meeting shall be delivered in compliance with state law. The Liaison must deliver to the Board at least three (3) days prior to the meeting a notice of the date, time, place and purpose of the special meeting. If however, all Board members attend and participate in the meeting at which the special meeting was called these notice requirements are not necessary. The presence of a Board member at the meeting at which the special meeting was called shall constitute a waiver of any formal notice unless the Board member appeared for the special purpose of objecting to the holding of the special meeting. Notice of the date, time, place and purpose of a special meeting must also be posted by the Liaison on the principal bulletin board at the city hall at least three (3) days prior to the date of the meeting. 4.56 Emergency Meetings. An emergency meeting may be called by the Chair due to circumstances which require immediate consideration. The Liaison shall notify Board members by any means available. A good faith effort shall be made to provide notice of the meeting to any news medium that has filed a written request for notice of meetings. The notice shall include the purpose of the meeting. 4.67 Quorum. The presence of a majority of all currently appointed Members of the Board eligible to vote on matters before the Board shall constitute a quorum for the purpose of conducting business, exercising its powers and for all other purposes. In the event a quorum is not present, a smaller number of Members may meet informally to discuss the business of the Board and make informal recommendations, but, the only formal action that shall be taken is to adjourn the meeting. 4.78 Voting. Voting shall be by voice or hand and must be recorded. Voting by proxy is not permitted. Planning Commission Pg. 33 Article V — Hearings 5.1 Authority to Conduct Hearings. In addition to those required by law, the Board may at its discretion hold public hearings when it declares such hearings will be in the public interest. 5.2 Publication of Notice. In the event of a public hearing, notice of such hearing shall be published in the official newspaper of the municipality not less than ten days before. 5.3 Meeting Notice. Notice to the applicant or directly affected parties, by mail, shall be given not less than five days prior to the date of the hearing. 5.4 Presenting the Case. The case before the Board shall be presented in summary by the appropriate City Staff person or a designated Member of the Board and parties in interest shall have privilege of the floor thereafter. 5.5 Postpone/Continue Hearing. The Board may postpone any case or continue any case for further study and information until the next regular meeting or until a special meeting designated for this purpose. Article VI — -Agenda and Records of Proceedings 6.1 Agenda Preparation. The agenda for regular and special meetings of the Board shall be prepared by the Liaison. Items to be placed on the agenda may be proposed by the Chair, a Board member, the Liaison or at the request of the City Council. Residents, businesses, or other interested parties may contact individual board members or the Liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the Board. 6.2 Order of Business. The order of business shall be as follows: 1. Roll Call 2. Approval of Minutes 3. Consent Agenda 4. Public Hearing 5. Old Business 6. New Business 7. Communications 8. Miscellaneous 9. Adjournment 6.3 ModifyingApproval of the Agenda. Unless objection is made by motion of the Board, the Presiding Officer may modify the foregoing order Planning Commission Pg. 34 of business in order to accommodate citizens present or to expedite the business of the Board. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. 6.4 Addressing the Board. Each person addressing the Board shall, if requested by the Presiding Officer, step up in front of the podium provided for such purpose, shall give his/her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his remarks to five minutes. At the discretion of the Presiding Officer, those addressing the Board may be allowed to position themselves in other areas of the room. All remarks should be addressed to the Board as a body and not to any member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either director or through a member of the Board, without the permission of the Presiding Officer. No question shall be asked of a Board member except through the Presiding Officer. 6.5 Record of Proceedings. All minutes and resolutions shall be in writing and shall be copied in the journal of the proceedings of the Board. Records shall be kept in accordance with Minnesota Statutes and Rules regarding preservation of public records and the Minnesota Data Privacy Act. Article VII — Attendance and Performance of Duties 7.1 Attendance. Regular attendance at meetings is a requirement for continued membership. Members are expected to attend regular and special Board meetings and assigned committee meetings. Planned absences communicated to the Board Chair, Vice Chair and/or Liaison in advance of the meeting will be deemed excused. Any other absence will be deemed unexcused. The Board will approve and record the approval of all excused and unexcused absences. 7.2 Reporting. Council will be informed if a Member receives three unexcused absences in any calendar year. Members may be removed with or without cause by City Council. 7.3 Performance of Duties. Members are expected to adequately prepare for meetings. Members unable to complete an assigned task should notify the Board Chair as soon as possible. The Board may ask the Council to review a Member's appointment based upon its assessment of significant non-performance of duties. Planning Commission Pg. 35 7.4 Resignation. When a Member resigns, the Liaison shall contact the Administrative Services Department and forward a copy of any correspondence that may have been received. Administrative Services will then initiate recruitment to fill the vacant position. A Member may continue to serve beyond their expiration date until a successor is appointed. Article VIII — Board Activities 8.1 City Council Annual Report. The Board will submit an annual report to the City Council summarizing the activities for the past year. The report may highlight issues of concern and other information the Board feels appropriate to convey to the City Council. 8.1a The Liaison will prepare the report for approval by the Board. Members may submit signed addenda presenting alternative conclusions or perspectives. 8.1b The report shall be submitted by February 1 or as soon thereafter as possible. Article IX — Bylaws and Rules 9.1 Amendments. These Bylaws may be amended at any regular or special meeting by a majority vote of the quorum or Members present after notices, in writing, containing the form of the section as it will appear if amended as proposed, shall have been given at least five (5) days prior to the meeting at which such vote will be taken. Such Bylaws and any amendments shall be deemed to be approved by the City Council unless the City Council takes action to modify such Bylaws or amendments within 30 days after submission. Amendments to these procedures can only be considered at a regular meeting. 9.2 City Council’s Rules and Procedures for Boards and Commissions. These Bylaws are subject to the City Council’s then current Rules and Procedures for Boards and Commissions and the then current Chapter 2, Administration, the St. Louis Park City Code. Planning Commission Pg. 36 Planning Commission Pg. 37 Planning Commission Adopted August 6, 1969 City of St. Louis Park, Minnesota Revised June 19, 1989 Revised November 18, 1992 Revised February 21, 2001 Revised May 18, 2005 Revised January 3, 2007 ST. LOUIS PARK, MINNESOTA PLANNING COMMISSION BY-LAWS Article I -– The Commission Section 1. The name of the Commission shall be the “Planning Commission”. Section 2. The planning commission shall have the following powers and duties to: (1) Prepare a comprehensive plan for the future development of the city to be submitted to the city council for implementation and to maintain such plan and recommend its amendment to the city council as may become necessary. (2) Initiate, direct and review, from time to time, a study of the provisions of the zoning chapter and the subdivision regulations and to report to the city council its advice and recommendations accordingly. (3) Study applications and proposals for amendments to the zoning chapter and applications for special permits and to advise the city council of its recommendations. (4) Study preliminary and final plats and to advise the city council of its recommendations. (5) Submit to the city council by April 1 of each year an annual report of the activities of the commission during the previous year. (6) Submit an annual work plan to the city council that details activities and projected timelines for the calendar year. The Community Development Department will develop the work plan for approval by the commission. (7)Act in an advisory capacity to the city council in all matters wherein powers are assigned to the city council by state law or city Charter concerning land use, comprehensive planning, zoning, platting, changes in streets and other matters of a general planning nature. Article II - Officers and Their Duties Section 1. At its first meeting following the annual appointment of commissioners,of each calendar year, the Commission shall elect from its membership a Chair and a Vice-chair. The Chair position shall rotate annually. The staff liaison shall be the Secretary of the Commission. Section 2. The Chair and Vice-chair shall take office immediately following their election and shall hold office for a term of one year and until their successors are elected and assume office. Section 3. The Chair shall preside at all meetings, appoint committees, and perform such other duties as may be ordered by the Commission Planning Commission Pg. 38 Section 4. The Vice-chair shall act in the capacity of the Chair in the absence of the Chair. In the event the office of the Chair becomes vacant, the Vice-chair shall become Chair, and the Commission shall elect a successor to the office of Vice-chair for the unexpired term. Section 5. A staff liaison to the Planning Commission shall be designated by the cit y manager and shall be subject to the administrative rules and regulations of the city. The staff liaison may facilitate or assist in the meetings and shall be responsible for recording attendance of commission members. The staff liaison is responsible for keeping the city manager informed regarding the business of the commission and shall communicate to the city manager any problems or issues that may arise. The staff liaison shall also be responsible for assisting the commission in considering their financial needs and, if deemed necessary by the commission, shall request appropriate funding from the city council through the annual budget process. Article III-Election of Officers Section 1. Nomination of officers shall be made by the members of the Commission present at the annual organization meeting and the elections shall follow immediately thereafter. Section 2. A candidate receiving the vote of a majority of the entire membership of the Commission shall be declared elected. Section 3. Vacancies in offices shall be filled by regular election procedures for the unexpired term. Article IV -Meetings Section 1. All regular and special meetings, records, and accounts shall be open to the public and conducted in accordance with the Minnesota Open Meeting Law. Section 2. The annual organization meeting of the commission shall be the first regular meeting of the year at which time elections will be held and the schedule for the following year’s regular meeting schedule will be considered. Section 3. The Commission shall hold regular meetings on the first and third Wednesday of each month at 6:00 p.m. or immediately following the Board of Zoning Appeals meeting when held, provided however, that when the day fixed for any regular meeting of the Commission falls upon any of the following holidays: Ash Wednesday, Chanukah, Christmas, Veterans Day, Independence Day, New Year's Day, Passover (first two nights), Rosh Hashanah, and Yom Kippur, such meeting shall be held at the same hour on the next succeeding Wednesday not a holiday. (For Chanukah, Christmas, Passover, Rosh Hashanah and Yom Kippur, the holiday includes the evening before the holiday.) All regular meetings of the Commission shall be held in the City Hall of the City or other public building as noticed. The commission may, by a majority vote, change the regular meeting dates for any reason provided proper public notice of the changed meeting is provided to the public. Section 4. The Chair or any two members of the Commission may call a special meeting of the Commission after having given notice not less than three days in advance of such meeting to each member of the Commission. Such notice shall provide the date, time, place and purpose of meeting and be delivered personally to each member or be left at the member's usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person be found there. If however, all commissioners attend and participate in the meeting, these notice requirements are not necessary. The presence of any commissioner at a special meeting shall constitute a waiver of any formal notice unless the commissioner appears for the special purpose of objecting to the holding of such meeting. Notice of the date, time, place and purpose of a special meeting must Planning Commission Pg. 39 also be posted by the secretary on the principal bulletin board of the city at least three days prior to the date of the meeting. Section 5. A quorum shall consist of a simple majority of the members eligible to vote on matters before the Commission. Without a quorum, the meeting cannot be opened, and Planning Commission business or voting cannot be conducted. Passage of any matter before the Commission shall require the presence of a quorum and the affirmative vote of a majority of the quorum. Section 6. Voting on regular motions shall be by voice and will be recorded by yeas and nays unless a roll call is requested by a member of the Commission. Section 7. In all points not covered by these rules, the Commission shall be governed on its procedure by Sturgis Standard Code of Parliamentary Procedure. Section 8. All meeting minutes, records and accounts shall be in writing kept in accordance with MN Statute and Rules regarding preservation of public records and the MN Data Privacy Act. Section 9. No member of the Commission shall discuss or vote on any question in which the member has a direct or indirect financial interest. Section 10. Commissioners should only communicate on issues pending or before the Commission during scheduled Commission meetings. If a Commissioner wishes to transmit information regarding the business of the Commission, the Commissioner should present it to the Staff liaison or other Community Development Department staff for distribution to the Commissioners. Section 11. Any Commissioner that is unable to attend a scheduled meeting of the Commission may submit written comments pertaining to an item on the agenda to the Community Development Director or the Secretary of the Commission for distribution to the Commissioners prior to the meeting or at the meeting and may request that such comments be attached as an addendum to the minutes of the meeting. Article V - Order of Business Section 1. The order of business shall be as follows: 1. Roll Call 2. Approval of Minutes 3. Hearings 4. Unfinished Business 5. New Business a. Consent Items b. Other New Business 6. Communications 7. Miscellaneous 8. Adjournment Planning Commission Pg. 40 Section 2. Unless objection is made by motion of the Commission, the Presiding Officer may modify the foregoing order of business in order to accommodate citizens present or to expedite the business of the Commission. Section 3. Unless a reading of the Commission meeting minutes is requested by a member of the Commission, such minutes may be approved without reading if the secretary has previously furnished each member with a copy thereof. Section 4. Unless there is objection from the Commission, Staff or anyone in attendance at the meeting, Consent Items may be acted upon without discussion. Section 5. The case before the Commission shall be presented in summary by Planning staff or a designated member of the Commission and parties in interest shall have privilege of the floor thereafter. In those instances where the matter is considered non-controversial and does not warrant a summary, the Presiding Officer may entertain a motion without presentation of the summary, unless an objection is expressed by anyone present. Section 6. The Commission may postpone any case or continue any case for further study and information until the next regular meeting unless otherwise designated. Section 7. Any person desiring to address the Commission shall first secure the permission of the Presiding Officer to do so. Section 8. Each person addressing the Commission, shall, if requested by the Presiding Officer, step up in front of the rail, shall give his/her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his/her remarks to five minutes. All remarks should be addressed to the Commission as a body and not to any member thereof. No person, other than the Commission and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Commission, without the permission of the Presiding Officer. No question shall be asked a Commission member except through the Presiding Officer . Section 9. No person, except City Officials and their representatives, shall be permitted on the elevated portions of the Council Chambers without the express consent of the Commission. Article VI - Hearings Section 1. In addition to those required by law, the Commission may, at its discretion, hold public hearings when it declares such hearings will be in the public interest. Section 2. In the event of a public hearing, notice of such hearing shall be published in the official newspaper of the municipality not less than ten days before the time of the hearing. Article VII - Attendance and Performance of Duties Section 1. Regular attendance at meetings is a requirement for continued membership. Commission members are expected to attend regular and special commission meetings and assigned committee meetings. Planned absences communicated to the commission chair or committee task force chair in advance of the meeting will be deemed excused. Any other absence will be deemed unexcused. The commission will approve and record the approval of all excused and unexcused absences. Planning Commission Pg. 41 Section 2. Council will be informed if a member receives three unexcused absences in any calendar year, if a member attends scheduled meetings irregularly or if a member is frequently absent from scheduled meetings. Section 3. Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or task force chair as soon as possible. The commission may ask the Council to review a member's appointment based upon its assessment of significant non-performance of duties. Article VIII - By-laws and Rules Section 1. These by-laws are subject to the City Council’s Rules and Procedures for Boards and Commissions, amended by Resolution 06-148 on September 18, 2006 and Chapter 2, Administration, the St. Louis Park City Code. Section 2. Written notice of proposed changes to the Planning Commission by-laws shall be provided to Commissioners thirty days prior to formal action by the Commission. These rules may be amended at any regular or special meeting by an affirmative vote of a majority of the entire membership. The City Council has thirty days to take action to modify the by-laws or amendments approved by the Commission. Planning Commission Pg. 42