CITY OF MOORHEAD PLANNING COMMISSION / BOARD OF ADJUSTMENTS

Transcription

1 CITY OF MOORHEAD PLANNING COMMISSION / BOARD OF ADJUSTMENTS MEETING AGENDA JANUARY 02, 2019 AT 5:00 PM 1ST FLOOR COUNCIL CHAMBERS, MOORHEAD CITY HALL REMARKS I. Roll Call II. III. Agenda Amendments Approval of Minutes 1. December 5, 2018 IV. Citizens To Be Heard V. Public Hearing -- Board of Adjustments VI. Public Hearing -- Planning Commission 1. Request of the City of Moorhead to Rezone Property within MCCARA Industrial Park VII. Other Business 1. Annual Meeting A Annual Report B Election of Officers C. By-Law Review & Update VIII. IX. Reports / Information Adjournment Upon request, accommodations for individuals with disabilities, language barriers, or other needs to allow participation in Planning Commission meetings will be provided. To arrange assistance, call the City Clerk s office at (voice) or 711 (TDD/TTY). Visit our website at

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3 CITY OF MOORHEAD PLANNING COMMISSION / BOARD OF ADJUSTMENTS MEETING MINUTES DECEMBER 5, 2018 AT 5:00 PM 1ST FLOOR COUNCIL CHAMBERS, MOORHEAD CITY HALL Pursuant to due call and notice thereof, a regular meeting of the Planning Commission was held in the 1st Floor Council Chambers, Moorhead City Hall, on December 5, 2018, at 5:00 PM. Roll call of the members was made as follows: 3rd Ward Council Member: Alternate - Chuck Hendrickson Present Board Member: Paul Krabbenhoft Present Board Member: Roger Buscher Present Board Member: Ben Hammer Present Board Member: Jim Haney Present Board Member: Matt Leiseth Present Board Member: Nicole Mattson Present I. Roll Call Minutes: Staff introduced the new City Planner, Robin Huston, and also acknowledged that Joel Paulsen has been selected as one of Prairie Business Magazine s 40 under 40 of the top business professionals under the age of 40 in the northern Plains. II. Agenda Amendments Minutes: No amendments to the agenda. Motion to Approve the Agenda made by Chuck Hendrickson and seconded by Ben Hammer Motion to Approve Agenda Motion Passed: For: 7; Against: 0; Abstain: 0; Absent: 0 III. Approval of Minutes 1. October 3, 2018 Motion to Approve made by Ben Hammer and seconded by Jim Haney Motion to Approve 1. October 3, 2018 Motion Passed: For: 7; Against: 0; Abstain: 0; Absent: 0

4 Moorhead Planning Commission Minutes from December 05, 2018 Page 2 of 3 2. November 7, 2018 Motion made to Approve made by Ben Hammer and seconded by Jim Haney Motion to Approve 2. November 7, 2018 Motion Passed: For: 7; Against: 0; Abstain: 0; Absent: 0 IV. Citizens To Be Heard V. Public Hearing -- Planning Commission 1. Request of J. Watkins for a Conditional Use Permit to allow construction of a 1,600 square foot garage at th Ave N Motion made to Open Public Hearing made by Roger Buscher and seconded by Chuck Hendrickson Motion Passed: For: 7; Against: 0; Abstain: 0; Absent: 0 Minutes: Staff briefed the commissioners on the request and is recommending approval to the council. A flood plain permit is required by FEMA. Notifications were sent to surrounding property owners and published in the FM Extra and no comments were received. Staff recommends approval of the CUP contingent on the following conditions: 1. Maximum accessory structure size shall be 1,600 square feet. 2. Applicant shall receive a Floodplain Development Permit and construct the garage to the regulatory flood protection elevation (897.2 feet). 3. The exterior of the accessory structure shall be of materials similar to those on the house and attached garage. 4. All required permits shall be obtained. Motion made to Close Public Hearing made by Matt Leiseth and seconded by Ben Hammer Motion Passed: For: 7; Against: 0; Abstain: 0; Absent: 0 Minutes: Staff briefed the commissioners on the request and is recommending approval to the council. Notifications were sent to surrounding property owners and published in the FM Extra and no comments were received. Staff recommends approval with conditions.

5 Moorhead Planning Commission Minutes from December 05, 2018 Page 3 of 3 Motion made to Approve made by Matt Leiseth and seconded by Nicole Mattson Motion to Approve 1. Request of J. Watkins for a Conditional Use Permit to allow construction of a 1,600 square foot garage at th Ave N contingent on the following conditions: 1. Maximum accessory structure size shall be 1,600 square feet. 2. Applicant shall receive a Floodplain Development Permit and construct the garage to the regulatory flood protection elevation (897.2 feet). 3. The exterior of the accessory structure shall be of materials similar to those on the house and attached garage. 4. All required permits shall be obtained. Motion Passed: For: 7; Against: 0; Abstain: 0; Absent: 0 VI. Other Business 1. 5-Year Capital Improvement Program Minutes: PC reviews the 5-year Capital Improvement program on a yearly basis, making sure the plan is consistent with the Comprehensive Plan. Staff is recommending approval of the resolution. Motion made to Approve made by Ben Hammer and seconded by Matt Leiseth Motion to Approve Resolution Motion Passed: For: 7; Against: 0; Abstain: 0; Absent: 0 VII. VIII. Reports / Information Adjournment The proceedings of this meeting are digitally recorded and are available for public review. APPROVED BY: ATTEST: Paul Krabbenhoft Chair Robin Huston City Planner Respectfully submitted by: Mary Schmitt, Community Development

6 To: Subject: Date: Prepared By: Moorhead Planning Commission Rezoning of property within the MCCARA Industrial Park January 2, 2019 Robin Huston, City Planner/Zoning Administrator PLANNING COMMISSION REPORT GENERAL INFORMATION APPLICANT REQUESTED ACTION PURPOSE LEGAL DESCRIPTION, ADDRESS & PARCEL NUMBERS COMPREHENSIVE PLAN/ GROWTH AREA PLAN PROPOSED ZONING EXISTING LAND USE SURROUNDING LAND USE PUBLICATION DATE City of Moorhead Rezoning from TZ: Transitional to LI: Light Industrial Future industrial development (MCCARA Industrial Park) (not assigned) PT SE1/4 SW1/4 BEG 338' W OF SE COR OF SW1/4, W252', N600', E252' & S600' TOBEG Section 23 Township 139 Range 048 (abbreviated) RD ST S - Section 23 Township 139 Range 048 SW1/4 E OF RR LESS MCCARA 3RD & LESS AC; ALSO INCLUDES W 32 AC OF SE1/4 LESS 9.45 AC Section 23 Township 139 Range 048 (abbreviated) RD ST S - PT OF NW1/4SE1/4 BEG 80' E & 60' S OF NW COR OF SE1/4; E300', S350', W300' & N350' TO POB Section 23 Township 139 Range 048 (abbreviated) Light Industrial LI: Light Industrial vacant rd St S - vacant rd St S - Public Facilities North: Agriculture & Industrial Park West: Industrial Park & Single-Family Residential (across highway) South: Single-Family Residential & Agriculture (not in city limits) East: Single-Family Residential (not in city limits) & Agriculture December 20, 2018 SUGGESTED ACTION Recommend Approval. Based on the criteria for consideration, staff suggests that the Planning Commission recommend approval of the rezoning from TZ: Transitional to LI: Light Industrial. BACKGROUND This property is part of the MCCARA A Industrial Park and is currently utilized for agriculture use and a Moorhead Public Service electric substation.

7 POLICY CONSIDERATIONS The applicant s request requires that the Planning Commission consider if the rezoning request meets the conditions set forth in Title 10, Chapter 3 of the Moorhead City Code. PROPOSAL REVIEW Comprehensive Plan/Growth Plan Conformity The Comprehensive Plan Future Land Use Map guides this area to Light Industrial. Comprehensive Plan (future land use) Map Zoning The proposed Light Industrial zoning district will provide opportunities for industrial uses. Zoning Map

8 Context These lots are part of the larger MCCARA Industrial Park, which was recently certified Shovel-Ready by the Minnesota Department of Employment and Economic Development, which helps sites stand-out in attracting new business. Uses/Density The proposed rezoning includes three (3) lots for light industrial use. Access Access to the site will be from 34 th Avenue S and 40 th Avenue S. Stormwater The Minnesota Pollution Control Agency requires on-site retention of stormwater within wet ponds or other systems before its discharge into surface water. CONSIDERATION OF CRITERIA ZONING AMENDMENT 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan; This request is consistent with the 2009 Future Land Use Map and Growth Area Plan. 2. The proposed use is or will be compatible with present and future land uses of the area; Yes 3. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.); Yes. Specific zoning standards will be reviewed when the site plan is submitted. 4. The proposed use will not have an adverse effect upon the area in which it is proposed; The proposed use will not adversely impact the area. 5. The proposed use will not depreciate the property value of the area in which it is proposed; The proposed use will not depreciate property values of the area. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property; and Yes 7. The proposed use can be accommodated with existing or future public services and facilities including parks, streets, and utilities, and will not overburden the City s service capacity. Yes. PUBLIC NOTIFICATION & COMMENTS Notification: Required notification was published in The Extra on December 20, 2018 Comments: No comments have been received regarding this application. ATTACHMENTS 1. General Location Map and Zoning Map 2. Notices of Hearing and Property Owners Notified

9 / EX IT 2 General Location Map - Aerial Properties to be Rezoned B 28 AVE S I AVE S 2B S 30 AVE S 34 ST S 32 AVE S 42 ST S ST 41 ST S /2 ST S IT EX I 94 TS 43 ST S S MA IN 34 AVE S E AV 35 AVE S 40 ST S 39 ST S SE AVE S

10 ² I ST S B EXIT 2B EXI T2 General Location Map - Zoning MCCARA Shovel-Ready Sites 28 AVE S I /2 ST S 29 AVE S I MA N 34 AVE S E AV SE E 35 AV 39 ST S 38 ST S 43 ST S MCCARA Industrial Park 50 ST S TS 32 AVE S 42 ST S 41 ST S S 34 S 34 S T 30 AVE S S 40 ST S Parcels to be Rezoned Y HW ZONING DISTRICT LEGEND S 41 AVE S ST S 40 AVE S MU1: Downtown Mixed Use RLD0a: Res Low Density 0a RMD1: Res Mod Density 1 RLD0b: Res Low Density 0b RMD2: Res Mod Density 2 MU2: Corridor Mixed Use NC: Neighborhood Commercial LI: Light Industrial (LI) RLD1: Res Low Density 1 RLD2: Res Low Density 2 RLD3: Res Low Density 3 RHD1: Res High Density 1 CC: Community Commercial RC: Regional Commercial MU3: Commercial Mixed Use HI: Heavy Industrial (HI) P: Public Open Space INS: Institutional PUD-LINS: PUD/Light Institutional TX: Transitional Not Applicable Not Classified Moorhead City Limits

11 Public Hearing Notice Please take notice that the Planning Commission of the City of Moorhead will hold a Public Hearing on Wednesday January 2, 2019 at 5:00 pm in the First Floor Chambers of City Hall to consider the following item: -.Request of the City of Moorhead to rezone the following properties from TZ: Transitional to LI: Light Industrial (full legal descriptions available upon request): Abbreviated legal description: PT SE1/4 SW1/4 BEG 338 W OF SE COR OF SW1/4, W252, N600, E252 & S600 TO BEG Section 23 Township 139 Range RD ST S - Abbreviated legal description: Section 23 Township 139 Range 048 SW1/4 E OF RR LESS MCCARA 3RD & LESS AC; ALSO INCLUDES W 32 AC OF SE1/4 LESS 9.45 AC Section 23 Township 139 Range RD ST S - Abbreviated legal description: PT OF NW1/4SE1/4 BEG 80 E & 60 S OF NW COR OF SE1/4; E300, S350, W300 & N350 TO POB Section 23 Township 139 Range 048 At the hearing, the City of Moorhead will afford an opportunity for interested persons to be heard with respect to this item. Interested persons may submit oral or written comments prior to the meeting regarding these requests to Planning and Zoning, 500 Center Avenue, Box 779, Moorhead, MN 56561, , planning@cityofmoorhead. com. Please contact the City of Moorhead if auxiliary aids or services are required (forty-eight hours notice is required.) Published this 20th day of December, F1220-1

12 NOTICE OF PUBLIC HEARING Moorhead Planning Commission Wednesday, January 2, :00 pm - 1st Floor Chambers Moorhead City Hall Please take notice that the Planning Commission of the City of Moorhead will hold a Public Hearing on Wednesday, January 2, 2019 at 5:00 pm in the First Floor Chambers of City Hall to consider the following item: o Request of the City of Moorhead to rezone the following properties from TZ: Transitional to LI: Light Industrial (full legal descriptions available upon request): Abbreviated legal description: PT SE1/4 SW1/4 BEG 338' W OF SE COR OF SW1/4, W252', N600', E252' & S600' ' TO BEG Section 23 Township 139 Range RD ST S - Abbreviated legal description: Section 23 Township 139 Range 048 SW1/4 E OF RR LESS MCCARA 3RD & LESS AC; ALSO INCLUDES W 32 AC OF SE1/4 LESS 9.45 AC Section 23 Township 139 Range RD ST S - Abbreviated legal description: PT OF NW1/4SE1/4 BEG 80' E & 60' S OF NW COR OF SE1/4; E300', S350', W300' & N350' TO POB Section 23 Township 139 Range 048 At the hearing, the City of Moorhead will afford an opportunity for interested persons to be heard with respect to this item. Interested persons may direct questions and submit oral or written comments prior to the meeting to Planning and Zoning, 500 Center Avenue, Box 779, Moorhead, MN 56561, planning@cityofmoorhead.com, (218) Please contact the City of Moorhead ( ) if auxiliary aids or services are required (forty-eight hours notice is required). Proposed Rezoning Areas

13 309 W WASHINGTON BLVD WASHINGTON IA TH AVE S MOORHEAD MN RD ST S MOORHEAD MN TH AVE S MOORHEAD MN RD ST S MOORHEAD MN TH AVE S MOORHEAD MN TH AVE S MOORHEAD MN /2 ST N MOORHEAD MN TH AVE S MOORHEAD MN PO BOX 219 DILWORTH MN HWY 52 S MOORHEAD MN PO BOX 3075 MCKINNEY TX TH AVE S MOORHEAD MN PO BOX 37 MOORHEAD MN TH AVE S MOORHEAD MN PO BOX 779 MOORHEAD MN HWY 52 S MOORHEAD MN PO BOX 832 MOORHEAD MN TH AVE S MOORHEAD MN 56560

14 MEMORANDUM GENERAL INFORMATION To: Moorhead Planning Commission Subject: 2018 Planning Commission Annual Report Date: January 2, 2019 Prepared By: Robin Huston, City Planner/Zoning Administrator Section E of the Moorhead City Code requires the Planning Commission submit to the City Council a report of its work during the preceding year. The following represents the activities undertaken by the Moorhead Planning Commission/Board of Adjustments during Members of the Planning Commission in 2018 include: Nicole Matson Ben Hammer Matt Leiseth Paul Krabbenhoft, Chair Joel Paulsen Jim Haney Roger Buscher, Vice-Chair and FM MetroCOG Policy Board Rep. BOARD OF ADJUSTMENT PUBLIC HEARINGS 1 st Ward representative 2 nd Ward representative 3 rd Ward representative 4 th Ward representative City Council representative Clay County Commission At-Large representative nd Ave N - Side Yard Accessory Building Setback Variance - reconstructionn of a garage th St S, 6039th St S and 8156th Ave S - Provisional Use Permit Appeal - Parking Facility in a residential districts PLANNING COMMISSION PUBLIC HEARINGS PLATS & VACATIONS 1. 12th Avenue Business Park Addition vacation of easements 2. Horizon Shores Car Wash Addition 3. Park Christian School Addition 4. Hampton Place 3 rd Addition th Street ROW between 810 th St N and 904 Center Ave vacation of ROW ZONING MAP AND TEXT AMENDMENTS & COMPREHENSIVE PLAN AMENDMENTS 1. Text amendments o Reviewed revisions in multiple areas of the code including portable signs, public hearing notice requirements, use regulations specific to parking lots in residential districts and sidewalks. 2. Zoning Map Amendments:

15 o Horizon Shores Car Wash Addition - Rezoning from TZ: Transitional to RC: Regional Commercial o 16107th St S and 70316th Ave S - Rezoning from RLD-3: Residential Low Density-3 to MU-2: Corridor Mixed Use Comprehensive Plan Amendment from Low Density Residential to Mixed Use o Shepherd Meadows 1 st Addition - Rezoning Lots 3-10, Block 1 from Residential Low Density-2 to Residential Low Density-3 o Portion of Auditor s Outlot 23-17, Rezoning from RLD-3: Residential Low Density-3 to MU-2: Corridor Mixed Use Comprehensive Plan Amendment from Low Density Residential to Mixed Use o Hampton Place 3 rd Addition - Rezoning from TZ: Transitional to RLD-2 Residential Low Density -2- Blocks 1, 3 and 4 TZ: Transitional to RLD-1: Residential Low Density-1 Block 2 CONDITIONAL USE PERMITS th Ave N new garage - CUP to exceed square footage limits on accessory structures Main Ave SE shop condos with storage units CUP to allow storage units in CC: Community Commercial th St S new sign for existing bank business CUP for a sign exceeding required size standards in the MU-2: Corridor Mixed Use th St S daycare CUP for a daycare in Planned Unit Development (PUD)/Light Institutional OTHER ITEMS 1. City of Moorhead Five Year Transportation Capital Improvement Plan ( ) 2. South, East and North Alternative Urban Areawide Reviews (AUAR) st Ave N - to allow exception to architectural design standards 4. Roadway Corridor Studies a. Center Avenue (River and 8 th Street) b. 12 th Avenue South (River to SE Main) Thank you for your time, effort and dedication serving on the Moorhead Planning Commission. Your service is greatly appreciated!

16 MEMORANDUM To: Moorhead Planning Commission Subject: 2019 Election of Officers Date: January 2, 2019 Prepared By: Robin Huston, City Planner/Zoning Administrator CHAIR AND VICE CHAIR APPOINTMENTS Pursuant to the City of Moorhead Planning Commission and Board of Adjustment By-Laws, Officers are to be elected annually to a one-year term and may not hold an office for more than two consecutive terms (Chair and Vice Chair). The Planning Commission and Board of Adjustment Chair is responsible for presiding at all meetings and public hearings, preserving order and decorum, preventing attacks on personalities, and confining members to debate on the question under discussion. The Planning Commission and Board of Adjustment Vice-Chair is responsible for performing the duties of the Chair in their absence, incapacity, in cases of a conflict of interest, or their resignation. 2015: Chair Merlyn Shelstad Vice Chair Paul Krabbenhoft 2016: Chair Merlyn Shelstad Vice Chair Ben Hammer 2017: Chair Ben Hammer Vice Chair Roger Buscher 2018: Chair Paul Krabbenhoft Vice Chair Roger Buscher Requested Action: Election of Chair, Vice Chair and FM Metro COG Policy Board Representative FARGO-MOORHEAD METROPOLITAN COUNCIL OF GOVERNMENTS POLICY BOARD One member of the Moorhead Planning Commission serves on the FM Metro COG Policy Board. Commissioner Buscher served as the Policy Board member for the Planning Commission The Policy Board meets the 3 rd Thursday of each month at 4:00 PM at FM Metro COG offices (One 2 nd St N, Fargo Case Plaza Building see 2019 schedule on following page). The Metro COG Policy Board is responsible for the oversight and execution of the Federally required Metropolitan Planning Program for the FM Metropolitan Area. The Fargo-Moorhead Metropolitan Council of Governments (Metro COG) is the Metropolitan Planning Organization (MPO) for the Fargo-Moorhead area. Metro COG is a transportation policy-making organization made up of representatives from local government and transportationn authorities. The Federal Surface Transportation Act of 1973 required the formation of an MPO for any urbanized area with a population greater than 50,000. The Fargo-Moorhead urban area is composed of the cities of Fargo, Moorhead, West Fargo, and Dilworth, plus eight townships in both Cass and Clay County. MPOs were created in order to ensure existing and future expenditures for transportation projects and programs were based on a comprehensive, cooperative, and continuing planning process. Core functions of Metro COG include: Establishing a fair and impartial setting for effective regional decision making; Evaluate transportation alternatives by collecting data, understanding issues, and creating a vision for the region;

17 Develop and update a Long Range Transportation Plan, covering a planning horizon of at least 20 years, that fosters mobility for people and goods, efficient transportation system performance and preservation, and quality of life; Develop a Transportation Improvement Program based on the long-range transportation plan and designed to serve are transportation goals; Involve the general public and all significant affected sub-groups in the functions listed above; Thus the principal role of Metro COG is to harmonize the activities of federal, state, and local agencies; to render technical assistance and encourage public participation in the development of the area FM Metro COG Policy Board Schedule January 17 February 21 March 21 April 18 May 16 June 20 July 18 August 15 September 19 October 17 November 21 December 19

18 MEMORANDUM To: Moorhead Planning Commission Subject: 2019 By-Law Review & Update Date: January 2, 2019 Prepared By: Robin Huston, City Planner/Zoning Administrator 2019 BY-LAW REVIEW AND UPDATE During the annual meeting, it is recommended the Planning Commission review and update their by-laws every few years. The current by-laws were reviewed in At this time, staff is recommending the following updates: 1. Update job title for City Planner/Zoning Administrator 2. Update the regular meeting night 3. Update Article VI, Section 2 Application Deadline and provide for more flexible language for application deadlines as these vary depending upon the complexity of the application. SUGGESTED ACTION Recommend Approval. Staff recommends the Planning Commission approve the suggested by-law changes.

19 CITY OF MOORHEAD PLANNING COMMISSION BY-LAWS Adopted January 2March 6, ARTICLE I COMMISSION PURPOSE & OBJECTIVE It is the purpose of Minnesota Statutes Sections to to provide municipalities, in a single body of law, with the necessary powers and uniform procedures for adequately conducting and implementing municipal planning. The Moorhead Planning Commission is hereby charged with the responsibility to guide future development of land, services and facilities for residential, commercial, industrial and public service activities, to preserve agricultural and other open lands, in order to promote public health, safety, and the general welfare. ARTICLE II MEMBERSHIP Section 1. Number: The Commission will consist of seven (7) appointed members who are residents of Moorhead, one (1) member appointed from each ward by the Ward Council Members, one (1) member appointed from the Clay County Board of Commissioners, one (1) at-large member appointed by the Mayor, and one (1) City Council Liaison. All members must be confirmed by the City Council, provided that the two (2) Council members from each Ward jointly recommend a representative. Section 2. Terms: Commissioners are appointed for a three-year term in accordance with City appointment procedures. In addition to an interim appointment, no member may serve for more than two complete, consecutive three-year terms. Terms for each member will follow accordingly, with new appointment or reappointment occurring at the completion of said term: 1st Ward - 1st Term Ending 1/31/97 2nd Ward - 1st Term Ending 1/31/97 3rd Ward - 1st Term Ending 1/31/96 4th Ward - 2nd Term Ending 1/31/96 At-Large - 1st Term Ending 1/31/98 Clay County - 2nd Term Ending 1/31/97 CC Liaison - 2nd Term Ending 1/31/98 Section 3. Removal: Members are subject to removal by the Mayor, for cause, but only after City Council approval, after notice and opportunity for a hearing before the City Council. Section 4. Absenteeism: If any member fails to attend three consecutive regular meetings of the Planning Commission without satisfactory explanation, notice of such failure will be reported to the Mayor and City Council. 1

20 Section 5. Expenses: Members will serve without salary, but cost of sending notices, preparing and distributing reports and minutes and other clerical expenses will be paid by the City together with extraordinary expenses as are authorized by the City Council. ARTICLE III COMMISSION STRUCTURE Section 1. Structure: The Members of the Commission will elect from their members a Chair and Vice-Chair. Section 2. Nomination: The Nomination and election of the Chair and Vice-Chair will take place at the annual meeting of the Moorhead Planning Commission. Section 3. Majority Required: Candidates for office receiving four (4) of seven (7) votes of the Commission will be declared elected and serve a one (1) year term. No member can hold the office of chair or vice-chair for more than two years consecutively. Section 4. Commencement of Office: The newly elected Chair and Vice-Chair will preside over the Planning Commission at its next regularly scheduled meeting following the annual meeting. Section 5. Vacancies: Vacancies in either the Chair or Vice-Chair must be filled immediately by the procedures set forth in number 3 listed above. ARTICLE IV COMMISSION DUTIES Section 1. Chair: The Chair will have the duties and powers usually attendant upon the office of Chair, and such other duties and powers as may be prescribed by statute or ordinance. The Chair will preside at all meetings and public hearings of the Planning Commission, make report(s) as the Chair deems necessary or required of the Chair, and perform such other duties as are incidental to the Chair's office or are required of the Chair by the Members. The Chair will vote on all matters before the Commission and be called last in a roll call vote. Section 2. Vice Chair: The Vice-Chair will perform the duties of the Chair in the Chair's absence or incapacity and/or because of the resignation of the Chair, until a new Chair is elected. Section 3. City Staff: The City Planner/ and Zoning Administrator or other City Staff will be responsible for presentation of all reports to the Planning Commission listed on the Commission s agenda or 2

21 designate a specific presenter. City Staff will act as the Secretary of the Planning Commission keeping minutes and records of all meetings. ARTICLE V COMMISSION MEETINGS Section 1. Annual Meeting: An annual organizational meeting will be held the first quarter of each year, at which election of officers will be conducted and presentation of the yearly work program. Section 2. Regular Meeting: Regularly scheduled meetings of the Planning Commission will be held on the first Tuesday Wednesday of each month at 5:00 P.M. in the First Floor Council Chambers of City Hall. A regular or special meeting may be postponed or cancelled by action of the Commission at a duly called meeting or by action of the Chair, upon the condition that the action to postpone or cancel be taken at least twenty-four (24) hours in advance of the meeting. Section 3. Special Meetings: Special meetings of the Planning Commission may be called at the request of the Chair or four (4) members of the Commission or by City Staff with approval of the Planning Commission Chair. Notice of a special meeting of the Planning Commission will be sent to all members and formal notification requirements accomplished. Section 4. Notice of Meetings: Notice of each regular meeting will be sent to all Planning Commission members at least three (3) days in advance of such meeting and notice in writing of any special meeting will be sent to all Planning Commission members at least three (3) days prior to such meeting and will state the date, time, place and purpose of such meeting. ARTICLE VI PRE-MEETING PROCEDURES Section 1. Agenda: The agenda for each meeting of the Planning Commission will be developed by the City Planner/ and Zoning Administrator. Section 2. Application Deadline: Unless otherwise approved by the City Planner/ and Zoning Administrator, no matter will be placed on the agenda unless written request or petition (City Action Request), along with published public hearing, all necessary forms, legal description(s), map(s) drawing(s), appropriate fee(s), etc, have been submitted to the Planning Office in a form acceptable to the City and unless the following timetable has been observed: A. Annexations: For annexations, all applications and referrals, including required legal description(s), map(s), drawing(s), etc., must be received by the Planning Department at least eight (8) weeks priorin time to meet all applicable deadlines, including statutory and otherwise to the Commission meeting at which action may be taken. Applicants must 3

22 contact the Planning Department to schedule an informal meeting or discussion informally with Planning Department staff prior to submittal of such applications in order to preliminarily discuss required drawings and possible planning implications. B. Zonings, Rezonings and Conditional Use Permits: For zonings, re-zonings and conditional use permits all applications and referrals, including required legal description(s), map(s), drawing(s), etc. must be received by the Planning Department in time to meet all applicable deadlines, including statutory and otherwiseat least two (2) weeks prior to the Commission meeting at which action may be taken. Applicants must contact the Planning Department to schedule an informal meeting or discussion meet informally with Planning Department staff prior to submittal of such applications in order to preliminarily discuss required drawings and possible planning implications. C. Preliminary Plats: Preliminary plats must be received by the Planning Department, including all necessary and completed forms, in time to meet all applicable deadlines, including statutory and otherwiseat least two (2) weeks prior to the Commission meeting at which action may be taken. Applicants must contact the Planning Department to schedule an informal meeting or discussion meet with Planning Department staff prior to submittal of such application in order to preliminarily discuss required drawings or development implications. D. All Other Matters: For all other matters other than those mentioned in A, B, and C above, all applications and/ or other pertinent information such as legal description(s), map(s), drawing(s), forms, etc., in time to meet all applicable deadlines, including statutory and otherwisemust be received by the Planning Department at least two (2) weeks prior to the Commission meeting at which action may be taken. Applicants must contact the Planning Department to schedule an informal meeting or discussion with Planning Department staff prior to submittal of such application in order to preliminarily discuss required drawings or development implications. Section 3. Reference to Commission: The City Planner/ and Zoning Administrator may refer any matter to the Planning Commission for discussion before placing such matter on the agenda for action. Section 4. Withdrawal: If a petitioner or applicant desires to withdraw a matter from the agenda, such request must be submitted to the City Planner/ and Zoning Administrator in writing, and if any public hearing has been scheduled and published, any person(s) appearing at the noticed hearing on said petition or application will be entitled to be heard at said hearing. ARTICLE VII MEETING PROCEDURE Section 1. Rules of Order: Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, will govern meeting procedure. 4

23 Section 2. Quorum: A simple majority of the membership of the Planning Commission [four (4) members] constitutes a quorum for meeting purposes. No less than three (3) affirmative or negative votes are required to transact business or make binding decisions on behalf of the Planning Commission. Section 3. Roll Call Vote: Voting on public hearings and other business items may be done by roll call vote at the request of the Chair and be kept as part of the meeting minutes. The Chair must cast the final vote on any roll call vote. Section 4. Attendance: All meetings of the Planning Commission are open to the public. Section 5. Conflict of Interest: Whenever a Commission member has a direct or financial interest in an application or petition before the Commission, such member must declare such interest and not participate in any hearing on said matter; must absent himself/herself from all deliberations or Commission discussion on said matter; and must in no event vote upon said matter. When there is a question as to the existence of a conflict of interest, the Chair in consultation with the City Attorney will make the ruling thereon. Section 6. Suspension of Rules: The Planning Commission may temporarily suspend its rules by a three-fourths vote of members in attendance. Section 7. Agenda: Order of business at regular meetings will be generally as follows: A. AGENDA 1. Call to Order 2. Roll Call 3. Agenda Amendments 4. Approval of Previous Meetings Minutes 5. Citizens to be Heard 6. Public Hearing(s) 7. Otherld & New Business 8. Reports/Information 9. Adjournment B. PUBLIC HEARING 1 Motion to Open Public Hearing 2 Report(s) on Public Hearing by the City StaffPlanner or Designate 3. Petitioner Presentation 4. Citizen Participation 5. Motion to Close Public Hearing 5

24 6. Questions for City Staff in Attendance 7. Discussion of Request by Planning Commission 8. Motion on Request 9. Further Discussion by the Planning Commission 10. Vote on Request C. OTHERLD & NEW BUSINESS 1. Report(s) by the City StaffPlanner or Designate 2. Discussion on the Report 3. Motion on the Report if Necessary 4. Vote on Report if Necessary D. MEETING ADJOURNMENT 1. Chairperson Declares Meeting Adjourned Section 9. Dispensation: A motion must be made and voted upon in order to dispense with any items on the agenda. No binding or final action will be taken on any agenda matter except by a three-fourths vote of the quorum. Section 10. Tabling: A tabling motion if passed has the effect of holding the matter and subsequent action until the next regularly scheduled meeting or as otherwise specified. ARTICLE VIII PUBLIC HEARING PROCEDURE Section 1. Public Hearings: In addition to those public hearings requested in petition form or directed by the City Council, the Planning Commission may, at its discretion, hold a public hearing when it decides a hearing is in the best interest of the citizens of Moorhead. Section 2. Notices: Notice of all public hearings will be published in the official newspaper of the City of Moorhead at least ten (10) days prior to the date of said public hearing or as otherwise required by the Moorhead City Code or Minnesota State Statute. Section 3. Public Appearance: Any person desiring to speak to the Planning Commission on public hearing matters may do so in writing prior to the hearing on the matter in question, setting forth name, address, matter of interest, and whether they are in favor or opposition. Also persons wishing to speak directly to the Planning Commission may do so when the hearing is opened to the public for comment and by stating name, address, and comments, which may include whether they are in favor or opposition thereto. Section 4. Time Table: 6

25 The proponents and opponents of any application or petition will be limited to a total presentation period of fifteen (15) minutes each and/or three minutes (3) individually. Section 5. Order of Appearance: The applicant or petitioner will proceed first, and no person will be allowed to speak more than once on a matter before the Planning Commission unless in answer to a question by a Commission member or City Staff. However, the petitioner or representative may be granted not more than three (3) minutes to rebut the opposition thereto. Section 6. Termination of Hearing: Upon the close of a public hearing, no further presentation will be allowed except upon suspension of the rules. ARTICLE IX AMENDMENT OF BY-LAWS Section 1. Amendment Procedure: These by-laws and rules of procedure may be amended at any meeting of the Planning Commission, by the majority vote (four (4)) of the membership. Said proposed amendments will be sent to each of the Planning Commission members at least three (3) days prior to said meeting. ARTICLE X EFFECTIVE DATE Section 1. Date: These by-laws will take effect this 2nd 1st day of JanuaryApril, and will supersede all previous bylaws established for the Moorhead Planning Commission. Adopted this 2nd 6 th day of JanuaryMarch, APPROVED BY: Mike McCarthy Chair Moorhead Planning Commission ATTEST: Gary Schulz 7

26 Vice Chair Moorhead Planning Commission 8