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HomeMy WebLinkAboutJunePacket17 City of Falcon Heights Planning Commission City Hall 2077 W. Larpenteur Avenue Tuesday, June 27, 2017 7:00 p.m. A G E N D A A. CALL TO ORDER: 7:00 p.m. B. ROLL CALL: Chair Larkin ____ Samatar ____ Murphy ____ Stemper ____ Williams ____ Kotelnicki ____ Sunderland ____ Council Liaison Harris ____ Staff Liaison Moretto ____ C. APPROVAL OF MINUTES for May 23, 2017 D. AGENDA 1. Discussion – Vacant Buildings 2. Discussion – Comprehensive Planning E. INFORMATION AND ANNOUNCEMENTS F. ADJOURN If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. City of Falcon Heights Planning Commission Minutes May 23, 2017 PRESENT: Commissioners Williams, Larkin, Murphy, Stemper, Kotelnicki, Liaison Harris ABSENT: Commissioners Samatar, Sunderland, Liaison Harris The meeting was called to order at 7:15 p.m. by Chair Larkin. The minutes of the April 25th, 2017 meeting of the Planning Commission were approved. AGENDA 1. Hearing Good Acre Phase II – The Planning Commission opened the hearing to adopt Ordinance No. 17 – XX (Draft) change the PUD Section 113-209. Chair Larkin requested an introduction to the hearing topic from Liaison Moretto. Liaison Moretto (staff) read the submitted staff report outlining the facts of the case and all attachments and made staff recommendation to approve the submitted ordinance. Staff read the proposed ordinance out loud before all in attendance. Liaison Moretto shared the public notice that was given to all properties within 500 feet and posted in the local newspaper, in addition to a posting at City Hall. Finally, staff introduced a parking analysis, maps, a letter of Compliance from the Metropolitan Council, and a submission from the Kelly Brothers Ltd (applicant) concerning egress and a private easement. After the staff report, Peter Austin and Jim Kelly, representatives from Kelly Brothers Ltd, presented the project before the Commission and provided details about the future of the project. Commissioners asked questions about parking and other items of possible concern. Chair Larkin opened the floor for public comment. After three request for public comment the Chair closed the public comment section. Staff introduced a letter submitted by Commissioner Sunderland. Chair Larkin requested to include the letter in the minutes. The Commission agreed. (Included at the end of these minutes) Commissioner Murphy asked about density and the number of units. Mr. Kelly stated that they focus on senior independent buildings. Units are less but they proposed three beds units and they do not. I Mr. Kelly’s experience 80% of residents have cars. This is in line with their other units. Mr. Stemper asked about the other properties Kelly Brothers have and their parking issues. Mr. Kelly responded that they have on-street in St. Paul but it is not an issue. Chair Larkin asked about removing affordable housing but not including senior housing. Liaison Moretto stated that because the applicant did not request senior housing language but could be included. Commission Murphy asked about controls concerning senior housing. Mr. Kelly said generally no, but if funding is received by some sources it could include requirements. Chair Larkin asked for any other comments. There being none, the Chair asked for a motion to recommend approval of draft Ordinance 17-XX. Commissioner Stemper motioned to approve the recommendation. Chair Larking, Commissioner Williams, Stemper, and Kotelnicki were in favor. Commissioner Murphy abstained. The motion passed 4 – 0 with 1 abstention. INFORMATION AND ANNOUNCEMENTS: Community Forum: None ADJOURNMENT: The meeting was adjourned at 8:20p.m. Respectfully submitted, _______________________________ ______________________________ Paul Moretto John Larkin Community Development Coordinator Chair – Planning Commission Crystal City Code 435.01 (Rev. 2009) Section 435 – Vacant building registration (Added, Ord. No. 2009-02) 435.01. Purpose and findi ngs. Subdivi sion 1. T he Crystal city council is enacting this section to help protect the public health, safety and welfare by est ablishing a pro gram for the i dentification and regulation of vacant buildings within the city. This section also determines the responsibilities of owners of vacant buildings and provides for administration, enforcement, and penalties associated with same. Subd. 2. The city council finds that va cant buildings are a major cause and source of blight in residential an d non-residential neighborhoods, especially when t he owner or responsible party of the building fails to actively maintain and manage the building to ensure it does not beco me a liability to the neighborhood. Vacant buildings often attract tran sients, hom eless people, tr espassers and criminals, including drug abusers. Neglect of vac ant buildings, as well as use of vacant buildings by transients and criminals, creates a risk of fire, explosion or flood ing for the vacant building and adjace nt properties. Vacant properties often ar e used as dum ping grounds for junk and debris and often are overgrown with weeds and grass. Vacant buildings that are boarded to prevent entry by transients and other long-term vacancies discourage econom ic development and retard appreciation of pr operty values. There is a substantial cost to the city for monitoring vacant buildings whether or not those buildings are boarded. This cost should not be borne by the general taxpayers of the community; but, rather, these costs should be borne by those who choose to leave their buildings vacant. 435.03. Definitions . For the purposes of this s ection, the terms defined i n this subsec tion have the meanings given them and shall apply in the interpretation and enforcement of this section. “Abandoned propert y” means property t hat the ow ner has surrendered, voluntaril y relinquished, disclaimed, or ceded all right, title, claim, and possession, with the intention of not reclaiming it. “Compliance official” means the city manager and the city manager’s designated agents authorized to administer and enforce this section. “Building” is any roofed structure used or intended for supporting or sheltering any use or occupancy. “Owner” or “property owner” is the owner of reco rd according to Hennepin County property tax records; those identified as o wner or owners on a vacant build ing registration form , a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, an assignee of rents, a re ceiver, an executor, a trus tee, a lesse e, other person, firm or corporation in c ontrol of the freehold of the pre mises or lesser es tate therein. An owner also m eans any person, partnership, association, corporation or fiduciary having a legal or equitable title or any interest in the property or building. This includes any partner, officer or director of any partnership, corporation, association or other legally constituted business entity. All owners shall h ave joint and several obligations for compliance with the provisions of this section. “Responsible party” is an owner, entit y or person acting as an agent for the owner who has direct or indirect control or authorit y over the buildin g or real property upon which the building is located; any party having a legal or equitable interest in the property. Responsible party may include but is not limited to a realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. Crystal City Code 435.05 (Rev. 2009) “Vacant building” a building is vacant if no person or persons actually and currently conducts a law ful business or lawfully resides or lives in any part of the building on a per manent, nontransient basis in accordance with city of Crystal zoning regulations. 435.05. Vacant building registration. Subdivision 1. Application. The owner or responsible party shall register a vacant building with the city no later than 30 days after the building becom es vacant. The registration shall be submitted on a form provided by the city and shall include the following information supplied by the owner: a) The name, address, telephone number and email address, if applicable, of each owner and each owner’s representative; b) The names, addresses, telephone numbers a nd email addresses, if applicabl e, of all known lien holders and all other parties with any legal interest in the building; c) The name, address, telephone number and email address, if applicable, of a local agent or person responsible for managing or maintaining the property; d) The tax parcel identification num ber and street address of the pre mises on which the building is situated; e) The date the building be came vacant, the pe riod of time the building is expected to remain vacant, and a property plan and timetable for returning the building to appropriate occupancy or use and correcting code viola tions and nuisances, or for dem olition of the building; f) The status of water, sewer, natural gas and electric utilities. g) The owner shall notify the co mpliance official within 30 days of changes in an y of the information supplied as part of the vacant building registration. Subd. 2. Property plan. The property plan identified above in subsection 435.05, subdivision 1 e) shall meet the following requirements: a) General provisions. The plan shall comply with all applicable regulations and meet the approval of the co mpliance offici al. I t shall conta in a ti metable regarding use or demolition of the property. The plan shall be completed within 30 days after the building is registered. b) Maintenance of building. The plan shall identify the means and timetable for a ddressing all maintenance and nuisance-rel ated items iden tified in the application. Any repairs, improvements or alterations to the pr operty shall comply with building code provisions and applicable city regulations. c) Plan changes. If the property plan or timetable for the vacant building is revised in any way for any purpose, the revisions shall meet the approval of the compliance official. Crystal City Code 435.05, Subd. 2 d) (Rev. 2009) d) Demolition required. If a building has remained vacant for a per iod of 365 consecutive days, and the compliance official has not approved an alternative schedule in the property plan, the city may declare the building to be a nuisance and direct the owner to demolish the building and restore the grounds. If the owner does not demolish the buil ding and thereby eliminate the nuisance conditions, th e city may commence abatement and cost recovery proceedings for the abatement of the violation in accord ance with subsection 425.25 of this code and Minnesota Statutes, section 429.101. Subd. 3. Non-compliance and notification. If the owner does not comply with the property plan, or maintain or correct nuisance violations, the city may commence abatement and recover its costs for correction of those items in accordance with subsection 425.25 of this code and Minnesota Statutes, section 429.101. In the case of an absent owner and ongoing nuisance issues, the city need not provide notice of each abatement act to the owner. A single notice by the city to the owner is determined to be sufficient notice that it intends to provide ongoing abatement until the owner corrects the violations. Subd. 4. Exemptions. a) Fire damage. A building that has suffered fire dam age is exem pt from the registration requirement for a period of 90 days after th e date of the fire if the owner s ubmits a request for exem ption in writing to th e compliance official. An exem ption request for review by the compliance official shall include the following information supplied by the owner: 1) A description of the premises; 2) The name and address of owner or owners; 3) A statement of intent to repair and reoccupy the building in a n expeditious manner and the time frame for completion; 4) Actions the owner will take to ensu re the property does not become a nuisance for the neighborhood. b) Snowbirds. Those persons who leave t heir residential buildings on a temporary basis for vacation purposes or to reside elsewhere during the winter season and have the intent to return are exempt from the registration requirement. Requests for “snowbird” exemption will be considered annually with proper verification. Subd. 5. Fees. The owner shall pay an annual registration fee. The registration fee will be in an amount adopted by resolution by the city council. The amount of the registration fee shall be reasonabl y related to the administrative costs for registering and processing the registration form and for the costs of the city in monitoring the vacant building site. The fee shall be paid in full prior to the issu ance of any building permits or licenses, with the exception of a demolition permit. Crystal City Code 435.05, Subd. 6 (Rev. 2009) Subd. 6. Wa iver of fees . The city may waive the registrati on fee if the owner or responsible party has paid all past due registration fees and all ot her financial obligations a nd debts owed to the city that are associated with the vacan t property and de monstrates, to th e satisfaction of the compliance official that: a) The property is re-occupied, with the exception of demolition, within a period of tim e deemed reasonable to the compliance official; and either b) The owner or responsible party is in t he process of dem olition, rehabilitation, or other substantial repair of the vacant building; or c) The owner o r responsible party has a plan for the demolition, rehabilitation, or other substantial repair of the vacant building in a period of time that is deemed reasonable to the compliance official. Subd. 7. Assessment. If the registration fee or any portion is not paid within 60 days after billing or within 60 days after any appeal becomes final, the city council may certify the unpaid fees against the property in accordance with Minnesota Statutes, section 429.101. Subd. 8. Issuance of registration . Upon com pletion of the registration process and pay ment of the fee, the city will issue a Vacant Building Registration to the owner. The owner shall securely post the registration on the vacant buildi ng on a side entrance door, where possible, that is not generally visible from the public street. If no side entrance door is ava ilable, the registration shall be secur ely posted on another available entrance door. Subd. 9. Failure to register. If the property is abandoned or the owner or responsible party fails to complete the registration process, the property will be administratively registered as a vacant property. 435.10. Ch ange of ownership . A new owner(s) shall register or re-regi ster a va cant building in accordance with subsection 435.05 within 15 da ys of any transfer of an ownership interes t in a vacan t building. The new owner(s) shall comply with the approved property plan and timetable submitted by the previous owner or shall submit any changes proposed to the property plan to the compliance official for review and approval as required by subsection 435.05 of this section. For the purposes of this section, a new owner is an “owner” as defined in subsection 435.03 who has purchased the vacant building since its registration by the previous owner and has succeeded to all rights of that previous owner. 435.15. Inspections. The compliance official may inspect any vacant building in the city for the purpose of enforcing and assuring compliance with this section and other applicable regulations. Upon the request of the compliance official, an owner or responsible party shall provide access to all interior portions of the building and the exterior of the property in order to complete an inspection. If t he owner or responsible party is not available, is unresponsive, or refuses to provide access to the interior of the building, the city may use any legal means to gain entrance to the building for inspection purposes. Prior to any re- occupancy, the owner or responsible party shall r equest an inspection of the vacant building by the compliance official to deter mine compliance with section 425 of this cod e and all ot her applicable regulations. All application and reinspection fees also shall be paid prior to building occupancy. Crystal City Code 435.20 (Rev. 2009) 435.20. Maintenance of vacant buildings. Subdivision 1. The owner shall comply with and address the following items in the property plan, as described in subsection 435.05, subdivision 2: a) Appearance. All vacant buildings shall be so maintained and kept that they appear to be occupied. b) Securing. A ll vacant buildings shall be se cured f rom outside entry by unauthorized persons or pests. Security shall be ensured by normal building am enities such as windows and doors having adequate strength to resist intrusion. All doors and windows shall remain locked. There shall be at least one operable door into every building and into each dwelling unit. Exterior walls and roofs shall remain intact without holes. 1) Architectural (cosmetic) structural panels. Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade-finished pl ywood or Medium Density Overlaid ply wood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass to simulate windows. 2) Tem porary securing. U ntreated, exterior grade (CDX) ply wood or sim ilar structural panels may be used to secure windows, doors and other openings for a maximum period of 90 days. 3) “Artistic” board-up. Wit h prior appr oval of the compliance official, artistic options may be utilized to secure a vacant building. 4) Em ergency securing. The co mpliance official may take i mmediate steps t o secure a vacant building at their discretion in emergency circumstances. c) Fire safety. 1) Fire protection s ystems. Owners of non-residential vacant buildings s hall maintain all fire protection sy stems, appliances and asse mblies in operating condition and maintain underwriter laboratories (UL) monitoring of all systems. 2) Removal of hazardous and com bustible materials. The owner of any vacant building, or vacant portion thereof, sh all rem ove all hazardous material an d hazardous refuse that could constitute a fire hazard or contribute to the spread of fire. d) Plumbing fixtures . Plumbing fixtures connected to an approved water sy stem, an approved sewage sy stem, or an approved natura l gas utility system shall be i nstalled in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. The building’s water systems shall be protected from freezing. Crystal City Code 435.20, Subd. 1 e) (Rev. 2009) e) Electrical. Electrical service lines, wiring, outlets or fixtures not i nstalled or maintained in accordance with applicable codes shall be repaired, removed or the electrica l services terminated to the building in accordance with applicable codes. f) Lighting. All exterior lighting fixtures shall be maintained in good repair, and illumination shall be provided to the building and all walkway s in the same manner as provided at t he tim e the building was last occupied or as otherwise provided in the approved vacant building plan. g) Heating. Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes. h) Termination of utilities . The com pliance official may require that water , sewer, electricity, or gas service t o the vacant buildi ng be terminated or disconnected. Prior to the termination of any utility service, t he city will provide written notice to the owner. No utility may be restored until consent is given by the compliance official. Utilities may be discontinued at the req uest of the owner or responsible party as part of t he approved vacant building property plan. The com pliance official ma y authorize immediate termination of utilities at their discretion in emergency circumstances and provide subsequent notice to the owner or responsible party. i) Signs. Obso lete or unuse d exterior si gns and installation hardware shall be rem oved. Holes and penetrations shall be properly pa tched and painted to match the building. Surfaces beneath the signs that do not match the building shall be repaired, r esurfaced, painted or otherwise altered to be compatible with the building surfaces. All signs shall be maintained in good condition and com ply with the provisions of section 405 of this code. j) Exterior maintenance. The owner shall comply with all applicable property maintenance regulations and city codes including, but not limited to, the following: 1) Nuisances. The owner shall eli minate any activity on the property that constitutes a nuisance as defined by section 425, section 2005 and section 2010 of this code. 2) Grass and weeds. Any weeds or gra ss shall be maintained at a height of no greater than eight inches and in accordance with subsection 640.13 of this code. 3) Exterior structure maintenance. The owner shall maintain the vacant building in compliance with section 425 as determined to be necessary by the code official. 4) Abandoned or junk vehi cles. The owner shall keep the propert y free of unlicensed, inoperable, abandoned or j unked vehicles. The city may cause such vehicles to be removed. Crystal City Code 435.20, Subd. 1 k) (Rev. 2009) 5) Storage and disposal of refuse . The storage and dis posal of refuse shall co mply with the requirements of section 605 of this code. 6) Animals. The owner shall ensure that all animals, including domestic, exotic and feral, are removed from the property and handled in a humane manner. 7) Diseased, dead or hazardous trees . T he owner sha ll remove diseased, dead or hazardous trees or branches from the property in accordance with section 2020 of this code. 8) Graffiti. Th e owner shall remove all graffiti from the property in accordance with section 430 of this code. 9) Abandoned pools. Swi mming pools shall be covered and secur ed to prevent accidental en try, treated to prevent pe st harborage, and properly drained and winterized. k) Removal of garbage and refuse . The owner of any vacant building or vacant portion thereof shall keep the building and pr operty free of all garbage, refuse, litter, rubbish, swill, filth, or other materials identified in section 605 of this code. l) Police protection s ystems. All alar m systems in any vacant building or portion thereof shall be maintained in operating condition. m) Loitering, criminal activities. Loitering or engaging in criminal activities is prohibited in the vacant building or on the real property upon w hich the vacant building is located. The owner or responsible party shall not a llow these activities and shall take immediate actions to eliminate these conditions upon notification by the city or upon discovery. n) Emergency abatement. The compliance official may authorize immediate abatement of any public nuisance or c orrection of any maintenance item if t he compliance official determines that conditions exist that present an imminent threat to the public health and safety in accordance with section 425 of this code. o) Other codes . The pro perty owner or r esponsible party shall compl y with all other city codes and applicable regulations. 435.25. No occupanc y or trespass . No person may trespass, occup y or reside, on a temporary or permanent basis, in any vacant building, registered or not, without the owner’s consent. 435.30. Vandalism or removal of items prohibited . No perso n may vandalize or rem ove items from a vacant building or the property upon which it is located, including, but not limited to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner’s consent. Crystal City Code 435.35 (Rev. 2012) 435.35. App eal. Any person or responsible part y aggrieved by a decision rendered unde r section 435 may appeal to the cit y council. The appeal shall made be in writing, shall sp ecify the gro unds for the appeal, and shall be submitted to the city manager within ten business days of the decision that is basis of the appeal. 435.40. Penalties. Any person or responsible party who violates the provisions of section 435 is subject to penalty as provided under section 306 of this code. Nothing in this section, however, i s deemed to impair other remedies or civil penalties available to th e city under this code or state law, including, but not limited to, Minnesota Statutes, sections 463.15 through 463.261. Page 1 of 2 VACANT BUILDING REGISTRATION ORDINANCE - Frequently Asked Questions – Q: When did this ordinance go into effect? A: The ordinance went into effect on June 14, 2009. Q: Why did the city of Crystal adopt this ordinance? A. To protect the public health, safety and welfare. The City Council determined that vacant buildings are a major cause and source of blight in residential and non-residential neighborhoods, especially when the owner or responsible party of the building fails to actively maintain and manage the building to ensure it does not become a liability to the neighborhood. Q: What are some of the impacts associated with vacant buildings that the ordinance can address? A: Vacant buildings often attract transients, homeless people, trespassers and criminals, including drug abusers. Neglect of vacant buildings, as well as use of vacant buildings by transients and criminals, creates a risk of fire, explosion or flooding for the vacant building and adjacent properties. Vacant properties often are used as dumping grounds for junk and debris and often are overgrown with weeds and grass. Vacant buildings that are boarded to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values. Q: Doesn’t the city already enforce its existing ordinances to get such issues taken care of? A: The city continuously investigates and abates violations at vacant properties but at a substantial cost to the city. With adoption of this ordinance, the City Council has determined that the costs associated with achieving compliance at vacant properties should not be borne by the general taxpayers of the community and those who maintain their properties but, rather, by those who choose to leave their buildings vacant. Q: What constitutes a “vacant building?” A: The ordinance considers a building to be vacant if no person actually and currently conducts lawful business or lawfully resides in any part of the building on a permanent, nontransient basis in accordance with the Crystal zoning ordinance. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Page 2 of 2 Q: When must a property owner register a vacant building? A: When a residential, commercial or industrial building has been vacant for more than 30 days. The registration is valid for one year from the date of issuance. The property owner must secure a new registration annually if the building remains vacant. Q: How do I register a vacant building? A: Fill out a Vacant Building Registration application form, complete a Vacant Building Property Plan, and pay the $600 annual registration fee. Q: What constitutes a “Vacant Building Property Plan?” A: The Property Plan identifies the owner’s plans for the building, its status, and the measures in place to ensure that the building is secured and that the building and property will be maintained in compliance with applicable city codes. Q: Are there exemptions to vacant building registration: A: 1. Extended vacationers or snowbirds – A resident on an extended vacation or alternative living arrangement, including over winter months, with the intention to return to the property and live is exempt from registration. However, a verified emergency contact number of the property owner or a responsible party must be provided and the property must be maintained by a local person/agent so it does not appear vacant. 2. Fire damaged property – A building that has suffered fire damage is exempt from registration if the cleanup, repair or demolition is completed within 90 days from the date of the fire and if the exemption is requested in writing. 3. Any multi-tenant building on a single parcel that has one or more occupants – Vacant tenant spaces within larger commercial or residential buildings are not required to be registered individually. However, if the entire multi-tenant building is vacant, the building must be registered. 4. A parcel of land that does not have buildings. Q: Is the city’s list of registered vacant buildings public information? A: No. The city of Crystal does not release its list of registered vacant buildings because it is “security information” classified as confidential under Minnesota Statutes section 13.37. Q: Where can I get more information? A: Complete information and all forms are available on the city’s website at www.crystalmn.gov. You also may obtain the necessary forms and a copy of “Vacant Building Registration At-A-Glance” by calling Crystal City Hall at 763-531-1000.