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03-14-11 PC AgendaAGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, March 14, 2011 7 pm 1. Approval of Minutes February 14, 2011 Regular Planning Commission Meeting 2. Informal Public Hearing — Conditional Use Permit — 7550 Wayzata Blvd — CU -130 Applicant: Neptune Management Corp. d/b/a Neptune Society Addresses: 7550 Wayzata Blvd Purpose: To allow for a retail sales office for the purpose of selling cremation service plans in the 1-394 Mixed Use Zoning District. --Short Recess -- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 4. Other Business City Attorney Allen Barnard — Planning Commissioner Training S. Adjournment This document is available in alternate formats upon a 72 -hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. Regular Meeting of the Golden Valley Planning Commission February 14, 2011 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, January 10, 2011. Chair Waldhauser called the meeting to order at 7 pm. Grimes explained that these properties are proposed to be rezoned in order to bring them into conformance with the General Land Use Plan Map that was adopted by the City Council as apart of the Comprehensive Plan Update in 2008. Grimes reminded the Commission shat this,h'earing was tabled at their January 10, 2011 meeting because Duke Realty, had some concerns about rezoning the properties. Since the January 10 Planning Commission meeting, staff has reviewed Duke's concerns about the future use of the properties with the City Attorney and is still recommending that the properties be rezoned3p Business and Professional Offices. He explained that when the General Land Use Plan Map was adopted, the City was aware of Duke's plans for the area and that Duke currently hqs Preliminary PUD approval to construct a parking structure connected to office buildings (The office buildings are located on an adjacent parcel located in St. Louis Park) on these properties. He stated that the Planning Commissioners responsibility is to bring the Zoning Map into conformance with the General Land Use Plan Map. It is clear that the General Land Use Plan Map calls for this area to be designated for office use and the only zoning district consistent with that is the Business and Professional Offices zoning district. He stated that Duke's concerns would be best addressed by the City Council because they have given direction through the Comprehensive Plan as to Minutes of the Golden Valley Planning Commission February 14, 2011 Page 2 what they see is the best use for this property and what Duke is proposing is consistent with the Business and Professional Offices zoning district. Segelbaum asked if the impact to Duke's plans was contemplated when these properties were designated Business and Professional Offices in the Comprehensive Plan that was adopted in 2008. Grimes explained that office space is a permitted use in the Commercial zoning district so Duke's PUD plans were allowed to go forward. He noted that these properties and several other properties in the area have historically been used as office building space. He added that rezoning the properties to Business and Professional Offices is consistent with previous uses on the site and is still consistent with duke's current proposed use for the properties. McCarty said even though designating the General Land Use Rlan Map for gffice °use was consistent at the time the Comprehensive Plan was adopted itIbems_like the ity is limiting itself if the property is rezoned to Business and Professions -',Offices. ,Grimes said he agrees that the Business and Professional Offices zoning district is more restrictive. However, the direction of the Council was to guide these properties for office use due in part to the traffic concerns in the area and how retail versus office -space would affect the properties. Schmidgall said it is his understanding that `rezoning these properties to Business and Professional Offices would be unbenefcial to Duke because that zoning district won't allow a free-standing parking ramp but the Co 1rii ercial zoning district will. Grimes agreed that is one of Duke's concerns. Cera asked if an office buildir\g Ah,a restaurant or cafe would be allowed in the Business and Professional Offices znmg district. Grimes said yes and added that as part of a PUD they could also build rest46rants or shops.,. Kluchka asked Grimes to address the uses allowed without a PUD. Grimes explained that the Business and Professional Offices zoning district allows limited retail services in a professional office building with a Conditional Use „Permit. He added,that these properties would be very difficult to develop without a PUD.` Schmidgall' said rezoning these properties to Business and Professional Offices feels restrictive.. Mldhauser stated that there was a reason behind guiding these properties for of .ipe use when the Comprehensive Plan was adopted in 2008. She said she thinks the reasons are the concern about traffic issues and wanting to somewhat constrain retail use. She reiterated that the Planning Commission's job at this point is to bring the zoning into conformance with the Land Use plan, not to go back and revisit the Land Use Plan because the Comprehensive Plan has already been adopted. McCarty noted that the office market economy has changed since the Comprehensive Plan was adopted and he still feels like the City is restricting itself by rezoning these properties to Business and Professional Offices. Cera asked if these properties were rezoned to Business and Professional Offices if another developer could put a parking ramp there if Duke's PUD plans happen to fall through. Grimes said the only way a parking ramp could be built in the Business and Minutes of the Golden Valley Planning Commission February 14, 2011 Page 3 Professional Offices zoning district without a PUD is if it is accessory to a building on the same lot. Segelbaum questioned if by rezoning these properties the City will create a disadvantage for Duke. Pat Mascia, Senior Vice President of Minneapolis/St. Paul Operations for Duke, said in general they are not opposed to rezoning the properties and it is consistent with what they have proposed. He said in terms of potential future uses there is concern about the limited uses allowed in the Business and Professional Offices zoning district. He noted that in their preliminary entitlements there was a specific allowance forparking structures on these properties because the properties are zoned Commercial. H", 1,11 he understands that procedurally he needs to discuss his concerns about the.,proposed rezoning with the City Council but he feels that in 2008 their plan" con, sistent'with" the Comprehensive Plan. He questioned if the Commercial zoning district is still consistent with their plans or if the Business and Professional -.,.Offices zoning district is more consistent. He added that they would like as much flexibility as'lko p ble, but at the same time he doesn't disagree that the Business and Professi(: dal Offices zoning district will be much more restrictive or have a negative impact:on th'etfejrexisting Preliminary PUD plan for the site. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Segelbaum said it is curious to him,,,Ahat the City is addressing this rezoning and a PUD approval at the same time. He suggested letting the PUD process play out then readdress the rezoning. Waldhauser said she doesn't think they have to option to wait. She added that she would not be in favor of*aiting because leaving the property designated Commercial opens up the°potential for several options that maybe weren't anticipated for this site. Cera said he is.bothered by'rezontng these properties because the City has a willing developer ready to build,something here. He referred to the City Attorney's memo and asked if a,rnending-the Comprehensive Plan instead of rezoning the properties could be an option. Kluchka stated that the Council would have to direct the Planning Commission to review the Comprehensive Plan. He reiterated that it is the Planning Commission's responsibility tochange the Zoning Map to match the Comprehensive Plan. McCarty agreed that the Planning Commission's role is not to vote on what the properties should be zoned, it is to make the Zoning Map compatible with the General Land Use Plan Map. MOVED by Kluchka, seconded by McCarty and vote split three to three to recommend approval of rezoning the properties at 5075 Wayzata Blvd and 1400, 1500 Highway 100 South from Commercial to Business and Professional Offices Commissioners Kluchka, McCarty and Waldhauser voted yes. Commissioners Cera, Schmidgall and Segelbaum voted no. --Short Recess— Minutes of the Golden Valley Planning Commission February 14, 2011 Page 4 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Grimes reminded the Planning Commission that the City Attorney will be attending the March 14, 2011 Planning Commission meeting to discuss various planning items. U Other Business No other business was discussed. Adjournment The meeting was adjourned at 7:34 pm. Lester Eck, Secretary Date: March 9, 2011 Planning 763-593-8095 / 763-593-8109 (fax) To: Planning Commission From: Joe Hogeboom, City Planner Michael Simmons, Planning Intern Subject: Informal Public Hearing on Conditional Use Permit (CUP -130) to allow retail sales of cremation services and operate a mortuary facility at 7550 Wayzata Boulevard — Daniel M. Zavadil (Neptune Society) Applicant Background and Proposed Use The Neptune Society is proposing to locate its business at 7550 Wayzata Boulevard. Daniel Zavdil, Associate General Council for the Neptune Society, is requesting a Conditional Use Permit (CUP) to allow the business to operate in the 1-394 Mixed Use Zoning District. The Neptune Society provides sales of pre -arranged and pre -paid cremation plans as well as immediate -need cremation plans. No cremation or related activity will occur at this site. However, state law requires that this business receive a "Funeral Establishment" license. As part of the licensing requirement, Neptune_ Society must construct and maintain an "embalming room," thereby becoming a mortuary. (This room will not be used, and will be constructed only to satisfy state licensing requirements.) Under the regulations of the 1-394 Mixed -Use Zoning District, a "mortuary" is classified as a conditional use. Therefore, Neptune Society must obtain a Conditional Use Permit (CUP) prior to conducting business. Although this site will operate as a retail sales and business office, it must, by default, obtain a CUP. For more information on the Neptune Society, please visit http://www.neptunesociety.com. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. The Neptune Society has been in existence for 37 years and has established a strong presence in the funeral industry. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map guides this site as long-term mixed use. The Neptune Society would enter a building with existing tenants. 3. Effect on Property Values in the Area: The property at 7550 Wayzata Boulevard was recently remodeled to attract businesses and offices. Staff views the renovation, and the Neptune Society's presence in the building, as a positive enhancement to the site. 4. Effect of Use on Traffic in the Area: Most of Neptune Society's business is conducted at clients' homes. Therefore, the majority of traffic generated from the business would be that of employees. Staff does not anticipate the slight increase in traffic to negatively impact the surrounding area. 5. Effect of Increases in Density or Population on the Area: The proposed use will have no effect on population. 6. Increase in Noise Created by Use: The proposed use will cause no increase in noise to the area. 7. Any Dust, Odor or Vibration caused by Use: The proposed use will not create dust, odor, or excessive vibrations. 8. Any Increase in Animal Pests Caused by the Use: The proposed use will not attract animal pests of any kind. 9. Visual Appearance of the Use: Neptune Society would be entering into an existing building, not altering the appearance of the building in any way other than the installation of signage. 10. Other Effects of the Use: Staff does not anticipate any negative effects of the proposed use. Recommended Action Staff recommends approval of Conditional Use Permit 130 allowing Neptune Society to sell cremation services and operate a mortuary facility at 7550 Wayzata Boulevard. The approval of a Conditional Use Permit is subject to the following conditions: 1. The site plan shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. All future improvements to the building shall meet the City's Building Code requirements. 5. All other applicable local, state and federal requirements shall be met at all times. Attachments Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson, dated February 16, 2011 (1 page) Applicant's Narrative (4 pages) Interior Building Layout Plan (1 page) Site Plan (1 page) Photographs of Site (2 pages) H"2O 421 ASCD / Ata / Quebec Ave 5 Vi so '00 501L+ 501 Ata 3 524 Sza 7700 5Z# 521 5#D 7t ala 1 7701 ai5 7011 __ ...._.._ .................... r t !� 623 642 F 6AB 723 � 7a6 716 7 I(f 701 732 1 743 732 e 750 820 � i 815 4 _.__........ _ 9 � $ 1 `X) 825 C7 $ 840. 843 gat! F i 915 j 950 a s 1033 1030 g � 7400 1041 1040 1040 1050 7600 lost Subject Property 7500 I Wayzata Sivd interstate Hwy 394 m Interstate Hwy 394 _. ^ WAYZATA BLVD ,,, 13TH LA 4izu .::!:iR n :14 U`�. wvxsx ;r. f:` CIJ�.ifary l3sx _ .UJ`?•.i7 r c' A N� O'Id"r aeaeFire Department To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Application, 7550 Wayzata Blvd. Date: February 16, 2011 Memorandum Fire Department 763-593-8065 / 763-593-8098 (fax) I have reviewed the conditional use permit application packet to allow a retail/mortuary use in the mixed use zoning district. Listed below are the fire department comments regarding their application. 1. The description of intended use of the proposed site shall meet the requirements set forth in the Minnesota State Fire Code. 2. The installation of an automatic fire suppression system will be required for the entire building. 3. The installation of a fire alarm communicator to monitor the fire suppression system. 4. Fire extinguishers will be required to be installed in accordance with the Minnesota State Fire Code. 5. A knoxbox rapid entry box will be required to be installed on the building. If you have any questions, please contact me at 763-593-8065, or my e-mail address, eanderson()-ci.golden-valley. mn.us ea/j 1 Mark Grimes, Director of Planning & Development February 10, 2011 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Mr. Grimes: As required in the application for Conditional Use Permit, the following is a detail description of Neptune Society's intended use: Detailed Description of Intended Use. The Neptune Society would like to open a retail sales type office in Golden Valley with the purpose of selling Direct Cremation Preneed Service Plans. We have located a professional office site in a mixed use area located at 75.50 Wayzata Blvd., Golden Valley, MN 55427. We are currently in the process of entering into a letter of intent with the landlord, conditioned upon any necessary zoning approval. The proposed Neptune Society office will function as an administrative and sales office for the purpose of selling pre -arranged and pre -paid cremation plans and for the purpose arranging immediate need cremation arrangements. It is expected that Neptune Society will physically employ 3 employees to work at this location in the beginning and growing up to 6 over the next 24 months. Neptune Society will also generate jobs and contract with a number of Independent Sales Representatives. (Depending on sale volume, the typical office has 5-20 Independent Sales Representatives.) Please note that while the State of Minnesota will require that this office apply for and receive a "Funeral: Establishment" license to lawfully offer the above named services. Please note that as part of the statutory licensing requirement, Neptune Society will be obligated to construct and maintain an embalming room. (A room that will never be used for that purpose and is unfortunately mandated as a building requirement to obtain a. Funeral Establishment License by current State Law on Funeral Establishments.) Our location will be operated solely as a retail sales office and no physical body Page 1 of 4 1250 S. Pine Island Road, Suite 500 ® Plantation, FL 33324 9 954-556-9400 0 www.neptunesociety.com preparation, mortuary science activities or cremations will occur in this facility. It will be a "Mortuary" in license and in arguable classification only. If necessary, we would be willing to sign documentation agreeing that this facility would not be used for physical body preparations during the term of our lease and use of the facility. The activity of the office will include the sale and administration of pre- arranged and pre -paid cremation plans. Approximately 95 percent of the sales activity will occur outside of the office in customer's homes; however the administrative processing of the sales contracts will be completed on site. A limited number of Immediate need cremation arrangements will also be conducted on site from walk in customers and those not wanting to meet in their home; the balance being arranged by phone and fax. This office will also offer cremation urn merchandise in association with immediate need arrangements. While there may be some Urns on display, urns are typically shipped from the Vendor directly to the customer. Although the Neptune Society will offer immediate need cremation arrangements through the use of outside providers; human remains will never be present at this office other than fully sealed, cremated remains which are processed elsewhere but may be released to family members from this office. All human remains will be removed from the place of death to our off site holding facility at another company's licensed facility for storage and cremation. The Neptune Society does not offer embalming services, formal memorial ceremonies or viewing options on site. We estimate that approximately 15% of the families served from this proposed location would receive cremated remains released from this office during any 12 -month period. Cremated remains are released to family members in a regulation container which has been completely sealed and which meets high industry standards and which poses no sort of health or safety risk to anyone. I wish to again reiterate that the activity and function of this office will be that of the professional administration of pre -arranged and pre -paid cremation contracts and cremation arrangements, (retail type transactions) and will in no Page 2 of 4 way include those activates dealing with body processing, mortuary science or funeral services regularly associated with traditional death care service providers, such as traditional funeral homes and mortuaries. Demonstrated Need For The Proposed Use. There is a need for our services, in that according to statistics Minnesota leads the Midwest with the number of cremations. Statistically it is about 46.9% (*in 2009) of all final dispositions in Minnesota are in the form of Cremations. Neptune Society is the industry leader and has been in operation since 1973. The preneed funeral service industry is a highly regulated industry with direct State oversight of our operations, forms, licensing, and trust oversight, etc. At this current date Neptune Society has no active regulatory issues and is in good standing in all States. Neptune Society is a no frills, cremation only, preneed and at need funeral service provider with well over 30 facilities, that currently operates in 9 other states and growing. (AZ, CA, CO, FL, IL, NV, OR, TX, WA.) We provide a low cost alternative to expensive funerals, which could range in cost from $6.000- $19,000 on average depending on the services selected. Consistency with City's Comprehensive Plan. We believe our location selection is appropriate and consistent with the City's Comprehensive Plan for the City. We have selected an office location in a mixed use area which permits the placement of Mortuary's with a Conditional Use Permit. Impact on Property Values. We do not believe the operation of our retail type sale office will have any sort of negative impact on neighboring property values. To the contrary, we will be occupying a currently unoccupied, redeveloped piece of property, is a value added to the neighborhood. Impact on Traffic Generation. Based upon the nature of our service, most sales will occur in the customer's homes, thus we do not anticipate traffic generation or traffic flow complications stemming from our operations. Unlike other or traditional Mortuary or Funeral Home facilities we will not be having services, motorcades and viewings, thus we will not need additional parking, garage space, police funeral procession escort services or staging lanes like a traditional mortuary or funeral home operation might. Page 3 of 4 Impact on Noise Levels. Based upon the fact our function will be that of a retail administrative sales office, we do not anticipate any increase in noise levels caused by our administrative activities. Impact on Odors, Dust, Smoke, Gas or Vibration. Based upon the fact, we will not be processing bodies at this facility; we do not expect any increase in odors, dust, smoke, gas or vibration caused by our proposed administrative / retail use. Visual Appearance. The location selected was recently renovated and upgraded, providing a professional appearance. Our signage will be in conformity with applicable zoning codes, landlord requirements and will be tasteful in nature. Usually our signage includes our name "Neptune Society" and our purple dove logo, similar to that on the top of the letter head. Other Effect on the General Public Health, Safety and Welfare of the City. We do not in any way believe that our intended administrative use will have any negative effect on the general public health, safety, and welfare of the City and its residents. Neptune Society sincerely hopes the City of Golden Valley will promptly approve the request for a Conditional Use Permit. I stand ready to address any questions or concerns Zoning or the City Board may have relating to this request or our services. Daniel4° av dil, Esq. Associate -General Counsel Page 4 of 4 H,Lno�3 Y INV A NLq d V) "Ot'.90 S -1-V tmp- z WX all V8'0 03SOdOdd, 3 ,Zt Y'0 Y til Q' OCL 0 �uz x U 0 -MO L(i co D, 2 oq�jziq , D z E ()o '2 1 0 --r4 14 00 pi 0 LLI pp Q U, LLI *a; F- I 1 r t I I a Iq Date: March 8, 2011 To: Golden Valley Planning Commission From: Joe Hogeboom, City Planner Subject: Planning Commissioner Training Planning 763-593-8095 / 763-593-8109 (fax) City Attorney Allen Barnard will be conducting an informal training seminar for Planning Commissioners. Items that will be discussed include: • The general role of the Planning Commission and the Planning Commission Bylaws. • Communication between Commissioners. • Conditional Use Permit/Planned Unit Development/ Subdivision review processes. • 1-394 Mixed -Use Zoning District and how it relates to existing development. General variance rules since the Krummenacher Minnesota Supreme Court ruling. The training session will follow the evening's scheduled informal public hearing. Attachment Planning Commission Bylaws (5 pages) BY-LAWS OF THE PLANNING COMMISSION OF THE CITY OF GOLDEN VALLEY ANNUAL MEETING Section 1. The annual meeting of the City Planning Commission shall be the first regular meeting in May of each year. REGULAR MEETING Section 2. Regular meetings of the Commission shall be held at 7 pm on the second and fourth Monday of each month. A majority of the membership of the Commission shall constitute a quorum. A City staff representative to the Planning Commission shall serve as Recording Secretary. SPECIAL MEETING Section 3. Special meetings may be called by the Chair whenever he/she deems the same expedient or whenever three members request the same in writing. Section 4. The members may adjourn from time to time, absentees being notified. If no quorum is present on the day fixed for a regular, continued or special meeting, the members present may adjourn until a quorum is obtained, or may adjourn said meeting without a definite day fixed. Section S. Chair or staff shall give personal notice to each commissioner, at least forty- eight hours previous to any special meeting, of the time, place, and purpose of the meeting. Section 6. No business shall be transacted at any special meeting other than that named in the call thereof, except by consent of two-thirds of the entire Commission, or by unanimous consent if fewer than two-thirds, but at least a quorum are present. If such consent is obtained, any measure adopted by a vote of a quorum shall have the same effect as if adopted at a regular meeting. ATTENDANCE Section 7. Staff will maintain a record of those Commission members present and those absent for each Planning Commission meeting. Each Planning Commission member is responsible to notify the Planning Staff in the event that he or she will not be able to attend a regularly scheduled meeting. Attendance is required at "all meetings. Absence from three (3) consecutive meetings or 25 percent of the regularly scheduled meetings in any one year shall constitute grounds for automatic review of a member's appointment by the Council. It shall be the Chairperson's responsibility to contact the Commission member involved and report circumstances for the absences to the City Council. (Revised by the Planning Commission 7/05, Adopted by City Council ) CONDUCT OF BUSINESS Section 8. Meetings shall be called to order by the Chair, or in his/her absence, by the Vice Chair. In the absence of both, the Secretary shall call the meeting to order. In the absence of all officers, the senior member present will call the meeting to order. Section 9. The minutes of previous meetings shall be submitted for approval and any errors noted and corrections made, after which, the regular order of business shall be taken up. The further order of business, unless otherwise ordered by the Commission, shall be as follows, and may be shown on the agenda of each regular meeting: 1. Action Items 2. Planning Items 3. Administrative Items 4. Other Business 5. Adjournment Section 10. All motions and resolutions offered and/or adopted by the Commission shall be recorded in writing. If it is desired that more than the substance thereof be entered in the minutes, the Chair shall so direct the Recording Secretary, who will incorporate the additional details with the minutes of the meeting. At the request of any Commissioner, the vote of each commissioner shall be taken and entered on the record on any question before the Commission. ELECTION OF OFFICERS Section 11. At the annual meeting in May of each year, the Commission shall elect a Chair, Vice Chair, Secretary, and such other offices as it may deem necessary; but in case of failure to elect at the time specified, the election shall take place at a subsequent meeting without delay. The Chair, Vice -Chair, and Secretary shall hold their respective officers until the next annual meeting after their election, and until their successors are elected and qualified. DUTIES OF THE CHAIR Section 12. The Chair or designee shall preside at all meetings of the Commission and may present to the Commission such matters as in his/her judgment require attention. When the Commission has not established rules of parliamentary practice, the Chair shall be guided by Roberts' Rules of Order Revised. The Chair shall review the Commissioners' attendance records every six months in both February and August. (Revised by the Planning Commission 7/05, Adopted by City Council ) The Chair shall exercise a general supervision over the business, papers, and property of the Commission and shall act as the Commission's Executive Officer. The Chair or his/her designated representative shall present to the Council all Planning Commission recommendations. The Chair shall perform all other duties as the Commission may prescribe. The Chair may appoint ad hoc committees unless the Commission shall otherwise direct, and shall be an additional member ex officio of all committees. The Chair shall appoint a Planning Commission member to chair each ad hoc committee. The Chair is a voting member of the Commission. DUTIES OF THE VICE CHAIR Section 13. The Vice Chair shall act for the Chair when the Chair is absent or disabled. All duties of the Chair's office or as a member of any committee shall temporarily devolve upon the Vice Chair. Vice Chair shall perform all other duties the Commission may prescribe. DUTIES OF THE COMMISSION SECRETARY AND RECORDING SECRETARY Section 14. The Commission Secretary shall sign the minutes and perform all other duties the Commission may prescribe. In the absence of the Chair and Vice Chair, the Commission Secretary shall call the meeting to order. A member of the Planning staff shall attend all meetings and act as Recording Secretary to the Commission, and shall, in addition, perform all other duties usually pertaining to this office. He/She shall keep a true and complete record of all proceedings of the Commission, and have charge of the all books, documents and papers which properly belong to this office. REPRESENTATIVE TO THE BOARD OF ZONING APPEALS (BZA) Section 15. Any member of the Planning Commission may serve as the representative to the Board of Zoning Appeals. The vice -chairperson of the Planning Commission, appointed each year at the annual meeting of the Planning Commission, shall be the fifth member of the Board. All of the members of the Planning Commission are alternates to the Board. In the absence of any member of the Board, any member of the Planning Commission may serve as an alternate. At least one member of the Planning Commission shall be present at each meeting of the Board of Zoning Appeals (Revised by the Planning Commission 7/05, Adopted by City Council AD HOC COMMITTEES Section 16. The Chair may appoint ad hoc committees unless the Commission shall otherwise direct, and shall be an additional member ex officio, of all committees. The Chair shall appoint a Planning Commission member to chair each ad hoc committee. All committees shall consist of at least three members, except as otherwise ordered by the Commission. Three members of any committee shall constitute a quorum of such committee. If a quorum is not present at a meeting, the members present may prepare reports and submit them to the Planning Commission on behalf of the committee, in which case the report shall name the committee members who prepared it. Nothing in the foregoing shall be construed as waiving the rights of the Commission at any time to increase or curtail the duties of any committee and/or to direct or control its actions. AMENDMENTS Section 17. The above rules and regulations, or any portion thereof, may be suspended by a majority of the members of the Commission at any regular meeting, or may be amended or repealed by a two-thirds vote of the entire Commission at any regular meeting subsequent to the meeting when the same is proposed. MOTION WITH DUTIES OF PLANNING COMMISSION The ordinance establishing the Planning Commission has several charges and general duties giving direction to the Commission. The City Council, by motion, approves the following list of duties which amplifies and/or gives more specific direction to the Planning Commission. The Planning Commission shall: A. Review and make recommendations on specific development proposals made by private developers and public agencies. B. Review and make recommendations on proposed rezonings, subdivision plans, amendments to the zoning text, platting regulations and variances and similar items having to do with administration and regulatory measures. C. Conduct special studies dealing with items such as renewal, civic design, maintenance of a suitable living and working environment, economic conditions, etc. These studies may be conducted at the initiative of the Planning Commission and/or specific direction from the City Council. (Revised by the Planning Commission 7/05, Adopted by City Council ) D. Review major public capital improvement plans against the policy and goals stated in the Comprehensive Plan for the area. E. Advise and make recommendations relative to housing, new development, and redevelopment projects proposed by the HRA prior to the final commitment of such projects by the HRA. This charge shall also relate to such responsibilities as: 1. Make recommendations to the City Council and/or HRA on the use of Federal and State Funds received for housing and community development. 2. Make recommendations to the City Council on the City's participation in other Federal, State, Metropolitan Council, County and Multi -City Housing and Community Development programs. F. Advise and make recommendations in matters relating to and affecting the environment such as: 1. Taking into account environmental concerns and the impact on the environment of any Planning Commission recommended action. 2. To cooperate with and coordinate environmental proposals and programs with other City groups and Federal, State, Metro, County and other municipal groups. 3. To make such reviews of land reclamation, filling, excavation and grading applications as are required by, City ordinance or referred to the Commission by the Council; provided that no review or recommendation shall remove or limit the right of a property owner in accordance with City ordinances and the statutes and constitution of the State of Minnesota. (Revised by the Planning Commission 7/05, Adopted by City Council )