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HomeMy WebLinkAbout01-10-2007 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 10, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order Chair Stevenson called the meeting to order at 7:00 p.m. January 10, 2007. ______________________________________________________________________________ 2. Roll Call Members Present: Chair Stevenson; Commissioners: Cramblit, Gunn, Meehlhause, Miller, Lang, and Walsh-Kaczmarek Absent and Excused: None Also Present: Community Development Director Ericson ________________________________________________________________________ Index to Minutes Page Planning Case MI2006-002: Consideration of a Minor Subdivision; 4 Applicant: Abiding Savior Lutheran Church; Address: 8211 Red Oak Drive _______________________________________________________________________ 3. Special Order of Business Chair Stevenson announced there are several new members to the Planning Commission. He asked each member to introduce him or herself and talk about their Planning Commission experience. Commissioner Todd Lang, 2558 Ridge Lane, stated this is his first time serving on a Planning Commission. He has lived in Mounds View for about two and one half years. Commissioner Gary Meehlhause, 7400 Parkview Drive, stated this is his third year on the Planning Commission and has lived in Mounds View since 1984. Mounds View Planning Commission January 10, 2007 Regular Meeting Page 2 ________________________________________________________________________ Commissioner Jean Miller, Hillview Road, stated she has enjoyed being on the Planning Commission for more than 20 years, seeing what goes on in the City, and contributing to the community. Chair Gary Stevenson, Arden Avenue, stated he has lived in Mounds View for 30 years and has served on the Planning Commission for about 15 years. Commissioner Sherry Gunn, Red Oak Court, stated she has lived in Mounds View for 19 years and just finished a four-year term on the Mounds View City Council. Commissioner Keith Cramblit, Bunker Hill Drive, stated he has lived in Mounds View for six and one half years and this is his first time serving on a Planning Commission. Commissioner Mary Kay Walsh-Kaczmarek, 8346 Pleasant View Drive, stated she has lived in Mounds View for nine years and this is her first time serving on a Planning Commission. A. Oaths of Office of New Planning Commissioners Community Development Director Ericson delivered the oath of office to Commissioners Cramblit, Walsh-Kaczmarek, Gunn, and Lang. B. Election of Officers – Chair and Vice-Chair Community Development Director Ericson suggested deferring the Election of Officers until after the planning case. Chair Stevenson agreed. C. Review Planning Commission Bylaws Community Development Director Ericson suggested deferring the Bylaws review until after the planning case. Chair Stevenson agreed and continued the meeting beginning with Item 4. ______________________________________________________________________________ 4. Approval of Minutes December 6, 2006 MOTION/SECOND: Miller/Meehlhause to approve the minutes of the December 6, 2006 regular Planning Commission meeting as slightly amended. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission January 10, 2007 Regular Meeting Page 3 ________________________________________________________________________ 5. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already Present on the Agenda. None ______________________________________________________________________________ 6. Planning Case MI2006-002: Consideration of a Minor Subdivision; Applicant Abiding Savior Lutheran Church; Address: 8211 Red Oak Drive Community Development Director Ericson explained the planning case before the Commission is for consideration of a minor subdivision for Abiding Savior Lutheran Church, 8211 Red Oak Drive. He stated the Church owns the property next door located at 8184 Eastwood Road and would like to split the home and 16,025 square feet from the parcel leaving a flag-shaped lot that would be absorbed into the Church’s land at the corner of Red Oak Drive and Arden Avenue. Director Ericson indicated this request is the precursor to a request to create additional land for use in conjunction with a future major subdivision and 32-unit senior housing cooperative. Director Ericson indicated the lot is wide enough and deep enough to allow for a subdivision. He explained subdivisions are usually done perpendicularly or horizontally to the street to allow for another housing unit. Director Ericson mentioned it is not often a portion of land is split off the back yard without access to a street, however, when redevelopment opportunities exist or where land is going to be subdivided by one property owner and combined with another, it is allowable and that is what is happening in this case. He pointed out the City code that provides for a subdivision is title 1200 of the code and was provided in the commissioners’ packets. Director Ericson reported that with this subdivision, potential easements were also looked at. He stated Staff required easements be granted over the remaining property to make sure there are no easements on the larger property that need to be vacated; it appears there are not. Director Ericson mentioned the certificate of survey, title commitment, and the staff report was sent to the City Attorney for review. Director Ericson explained that with subdivisions, there is generally a park dedication fee of five to ten percent of the property value to help offset additional costs to the City Park System for additional users. He stated this is a way to make sure parks are current and up to date and for developing communities to dedicate land for parks. Director Ericson explained that since Mounds View is a fully developed community, the fee is considered a commensurate donation to the park system. He indicated no park dedication fee would be collected for this subdivision because at present there would be no increased property density. He stated the park dedication fee could be revisited should future development occur. Director Ericson stated that public notification is required for subdivisions, with the exception of minor subdivisions. He stated the property owner to the south was notified as he is immediately impacted by the subdivision. Director Ericson explained that if the church did come forward with a plan for redevelopment, official notification would be required. Mounds View Planning Commission January 10, 2007 Regular Meeting Page 4 ________________________________________________________________________ Director Ericson stated Staff’s review indicates this request satisfies City code except for a shed that would be moved or removed from the property. He mentioned on the issue of consistency of the minor subdivision, the overall development of this lot would need to be combined with the church property or a new subdivision must come forward within a year. Director Ericson explained the minor subdivision would need to be recorded in Ramsey County and the new deeds filed to make it official. Director Ericson stated that what is before the Commission is strictly a request for a minor subdivision. Commissioner Walsh-Kaczmarek asked why the lot was subdivided in the flag shaped manner with a 10.7-foot frontage. Director Ericson replied the church wanted to preserve the row of pine trees on the lot. Commissioner Cramblit asked who currently occupied the home. Director Ericson replied the church owns the property. Mr. Jerry Kunz, 8284 Pleasant View Drive, spoke on behalf of the church and reported the house is currently unoccupied. Chair Stevenson stated the Planning Commission is charged to not allow lots with less than a minimum of 75 feet access onto a public roadway, therefore creating dead lots. He stated his feeling is that because the applicant has one year to submit a plan for the property, it must be highlighted that this is not a creation of a dead lot and that it would reverted back to the original configuration if it is not adjoined to the rest of the church property or development has not come forth. He stated the Planning Commission wants to be up front that it is not the norm to create a lot that does not conform. Director Ericson added it is not a conforming lot in a conventional sense nor is it intended to be a separate buildable lot with access to a roadway. He explained if it were a stand-alone property with no adjoining neighbors absorbing this property, the Planning Commission or City Council would not approve it. He explained that subdivisions that create a landlocked lot where there was future impending development have been approved in the past. He stated that nonconforming lots have been created with the requirement that it be attached to other property. Director Ericson explained that in this case the subdivided property from the lot on Eastwood Road would be attached to the church property. Commissioner Miller asked if this is explained in the resolution. Chair Stevenson replied it was and pointed out the comments on page two of the resolution. He stated that perhaps it should be spelled out further. He said the staff recommendation wording is Mounds View Planning Commission January 10, 2007 Regular Meeting Page 5 ________________________________________________________________________ somewhat better than what is in the resolution. Chair Stevenson asked that the resolution clarify what the applicant must do within the year to become compliant. Director Ericson indicated Staff could add a stipulation that the lot in and of itself as created is not a buildable lot. He stated there is a provision that stipulates it is invalid if the church does not effectuate it within the year. He stated the deeds could not be sealed until something occurs. Commissioner Miller asked if anything should be said about the wooden fence. Director Ericson replied nothing had to be mentioned. Director Ericson noted this was not published as a hearing; however there are residents in attendance that may wish to speak to this topic. Chair Stevenson stated residents may speak if they wish, but currently the Commission is only looking at the church’s request to split the lot and take the back off the existing lot. Mr. Jim Sikorski, 8340 Sunnyside Road, stated he lives just south of the proposed property. He stated his concern relates to what the future plans are for the property. He reported the large number of senior coop units would cause concern with the people in his area. He stated this is a low residential zone and that is the way it should stay. He said if there is a plan to upgrade the subdivision and change the zoning, he has a major complaint with the proposal. He stated some of the items brought up include the eyesore created by a huge development in a low residential area, safety concerns in an area with children and increased traffic, a single lane street that would be a burden with increased traffic flow, parking would be an issue, noise is one of his biggest concerns, church parking is already an issue and this would make it worse, water and sewer capacity would be an issue, utility upgrade requirements, storm water runoff, and the increased need for police and emergency services, he was looking forward to a plan for sidewalks on that side of the street, and setting a precedence for a low density area. In summary, he stated he does not have a problem with the subdivision as long as it does not lead to rezoning the property resulting in an undesirable effect on the neighborhood. Mr. Alan Smith, 8385 Sunnyside Road, asked if the potential fate of parcel B is that it could be sold within the year before parcel A is resolved. Chair Stevenson replied it could be sold and the fate of it would not change if the Planning Commission were to change the boundaries of parcel B from 100 feet to 90 feet. Mr. Smith asked if parcel B were sold with the house on it and the church was unable to resolve the issue with parcel A, would the subdivision revert back to the original configuration. Chair Stevenson replied if it were sold, parcel B could revert back. Director Ericson replied, at this point, the property at 8184 Eastwood Road is one large piece of land with a house on it. He explained that if the church were to sell this property without any Mounds View Planning Commission January 10, 2007 Regular Meeting Page 6 ________________________________________________________________________ action by the City Council or the City stamping the deed, it would not be a valid transaction. He believes there is some assurance that if the property is sold, it would have had to be effectuated. Chair Stevenson asked if the church could sell the property during this year. Director Ericson replied that if the City Council approves this request, and they come forward with a new deed that combines parcel A with the church property and files it with Ramsey County, parcel B becomes a parcel onto itself and could be sold. Mr. Randy Heltzer, 8180 Eastwood Road, stated he lives next door to the property. He mentioned he has a preliminary sketch of what is planned for this summer. He indicated the lot they are proposing currently does not conform to the comprehensive plan. He explained the previous owners explored the option of building a house behind their home and were told they could not as it was a nonconforming lot. He asked the Planning Commission to tell Abiding Savior Lutheran Church that this is a nonconforming lot. Chair Stevenson replied the church has one year to make this a conforming lot, which means they would have to join it to their property. Mr. Heltzer stated that when the house is sold and the additional footage is taken from the house, future owners of the property would not be able to add on to their property. Chair Stevenson stated there are some tree issues with any changes to that home. Mr. Charlie Terry, 8385 Eastwood Road, pointed out this is being looked at as just a subdivision. He compared it to a teenager wanting to buy a car but stating it would not be driven until later. He commented this cannot be looked at as just a subdivision, but to look at it with the realization that the senior housing would happen. He stressed this is not the right use for this property. Ms. Ann Ackerman, 2673 Ardan Avenue, stated this subdivision is a precursor to a change in zoning to allow a multiple family unit. Mr. Ken Fletcher, 8330 Sunnyside Road, added his opposition based on everything that has been brought up. He asked if this is going to be built, what is going to happen 20 years from now when Augustana has already backed off stating anything less than 60 units is not a viable investment. He is concerned that low income housing or something worse would be considered. Chair Stevenson stated when this comes back it would most definitely be a concern. Mr. Fletcher stated Abiding Savior would sell it to a developer who would sell the units and Abiding Savior Lutheran Church would be a neighbor rather than it being a church sponsored development. He believes the entire plan should have been put on the table up front. Mr. Steve Bakke, 8261 Sunnyside Road, indicated he thinks everyone on the Commission recognizes that it would make sense to break this down and look at it separately but residents have pointed out why it should not. He would like to add that it may seem harmless to split off Mounds View Planning Commission January 10, 2007 Regular Meeting Page 7 ________________________________________________________________________ the lot, but if the church sells parcel B and cannot go forward with their plans and are stuck with Parcel A, they are not going to give it back to who owns parcel B. He stated the church could be looking at losing money. He believes the ramifications of doing the split now where it would be hard for the church to back out. He stated there are ramifications that need to be considered before a vote is taken. Chair Stevenson replied that this is why the church is given one year to develop the lot; it will revert to the original configuration. Director Ericson stated the confusing thing is that the 16,000 square foot property and house could not be sold without parcel A attached to it because at this point, the lot does not exist and the deed has not been sealed to it. He explained the deed would not be sealed until something is resolved. He stated his recommendation is that nothing occurs on this lot until there is some action by the City Council with any kind of subsequent rezoning, comprehensive plan, or major subdivision request. He appreciates all the comments and concerns by the residents and realizes it is difficult for the Planning Commission to consider this request without looking at the future plans of the church. He stated this may warrant tabling until the next meeting if additional information is required. He stated that in terms of whether parcel B can be sold separately; only after something is resolved with regard to this request. He stated it would not be advisable to sell the property as the house and 16,000 square feet until there is resolution to the request by the Planning Commission and the City Council. He explained that parcel A does not exist until the City seals the new deeds and this will not be done until something occurs with the request. He indicated there are other recommendations in the resolution. He stated the Planning Commission could table this so there is no action until or in conjunction with other actions that are yet to be accepted by the City. Chair Stevenson stated that is the direction he is leaning towards. Mr. Terry readdressed the Commission and stated this request needs to be looked at further and to put it off until the complete plan is put forward. Mr. Sikorski readdressed the Commission and asked what this allows Abiding Savior Lutheran Church to do other than sell parcel B. He restated it is a precursor to selling the property to a developer for condominiums or a large development. Commissioner Lang asked Director Ericson what action would be required by Abiding Savior if this were to go forward, to take parcel A and add it to the church parcel. Director Ericson replied it is a paperwork process of a lot combination through Ramsey County, tying the two properties together for tax purposes. He stated there is Minnesota State Statute 15.99 that requires the City take action within 60 days. He stated Staff could ask the church to waive the 60-day requirement and bring it back to the next meeting. Mounds View Planning Commission January 10, 2007 Regular Meeting Page 8 ________________________________________________________________________ Mr. Bob Sherry, 8160 Eastwood Road, addressed the property with the house and referenced the photo on page eight, stating the homeowner would never be able to get to the back of the property because of the trees. Chair Stevenson explained there is actually 33 feet to the parking lot from the garage and the property line would go through the middle of the shed. Commissioner Meehlhause stated there is another step in the process in that the City Council must also approve this. He mentioned that whatever the Planning Commission votes is not necessarily what would happen. Commissioner Walsh-Kaczmarek commented that it is possible that by Abiding Savior Lutheran Church bringing this forward now, it might be to help them with their planning process as to what their options are financially as well as legally. Chair Stevenson asked Director Ericson what the Commission’s course of actions are to table this until a later date and what rational they would have do this. Director Ericson replied the Planning Commission could direct Staff to speak with the Church and determine whether it would consider putting off final resolution until it is packaged with the other requests pending before the City. He stated the Commission could table it until the next meeting pending the outcome of Staff’s meeting with the Church if it does not to waive its right to 60 day action. Commissioner Walsh-Kaczmarek asked what the benefit would be to table this rather than denying it. Director Ericson replied the Planning Commission could deny this request if felt it was inconsistent with the subdivision code or the comprehensive plan. He explained if that course of action is taken, it sends a message to the Church of what could be accomplished in the future. He stated that to deny the request, there must be rational that warrants the denial. He explained that to deny a request, it must rest on the City Code. He stated that theoretically the fact that it does not have the necessary frontage on Eastwood Road could be justification for denial. Commissioner Gunn asked Mr. Kunz why the church is coming forward with the subdivision without it being connected to the other plans. Mr. Kunz replied the Church would like to sell the house and cannot do that without the subdivision. He stated the Church would keep the lot as green space if the development did not go through. Commission Gunn asked if the Church would keep it as a separate lot if it did not go through. Mr. Kunz replied parcel A would be kept as Church property. Mounds View Planning Commission January 10, 2007 Regular Meeting Page 9 ________________________________________________________________________ Chair Stevenson stated that if the Commission never sees anything for building and the intention is for green space and they would really like to sell parcel B and the rest would be attached to the church and there was never talk of a hi rise building, he does not see a problem at all. He indicated it would get property off the church’s tax base and it is a very sellable 16,000 square foot space, but in the back of his mind, he does not know what their intentions are. Chair Stevenson indicated he would like to know what the intentions are. Commissioner Gunn stated this is what the Commission needs from the church in order to make a better call on this situation. She stated that what Mr. Kunz just said separates it from the future plans. Mr. Kunz stated the church has always had their eye on that piece of property next to their parking lot. Commissioner Gunn stated the problem is this is not stated in the resolution and the Commission knows the church is thinking about developing the property. She indicated that there is not enough information to comfortably make a decision. She stated that even with the one year stated it is not enough information. Chair Stevenson entertained a motion to table this with the stipulation that it come back when the purpose of parcel A and B are stated or parcel A be attached to the current church property. He would like this tabled until the first Commission meeting in February unless the church agrees to postpone the 60-day requirement. Commissioner Miller mentioned that she does not know how far the church has taken their plans for building. Chair Stevenson stated this would be part of the development plan, but if the church comes back and states it would like to add parcel A to the church as green space and sell parcel B as soon as possible, the Commission would be looking at it differently. MOTION/SECOND: Cramblit/Gunn, to table Resolution 858-07 a Resolution Recommending approval of a minor subdivision of 8184 Eastwood Road requested by Abiding Savior Church; Mounds View Planning Case No. MI06-002. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ 7. Other Planning Activity None ______________________________________________________________________________ Community Development Director Ericson asked the Commission to return to Items 3 B and C. Mounds View Planning Commission January 10, 2007 Regular Meeting Page 10 ________________________________________________________________________ 3B. Election of Officers – Chair and Vice-Chair - Continued Chair Stevenson returned the Planning Commission to Item 3B and opened nominations for the position of Planning Commission Chair. Commissioner Gunn nominated Chair Stevenson, seconded by Commissioner Meehlhouse. No other nominations were made and Chair Stevenson called for a vote. Ayes – 7 Nays – 0 Nomination of Chair Stevenson passes. Chair Stevenson opened the nominations for Vice Chair by nominating Commissioner Miller for Vice Chair, seconded by Commissioner Meehlhause. No other nominations were made and Chair Stevenson called for a vote. Ayes – 7 Nays – 0 Nomination of Vice Chair Miller passes. ______________________________________________________________________________ 3C. Review Planning Commission Bylaws - Continued Community Development Director Ericson presented the Planning Commission Bylaws stating they are reviewed on an annual basis at the first regular meeting in February. He indicated that because there are four new Commissioners this year, Staff thought presenting the Bylaws earlier than usual would be a good idea. Director Ericson asked the Commissioners to review the Bylaws and let him know if there are any questions. Director Ericson explained Planning Commission meetings are held on the first and third Wednesdays of the month, however the meetings for January 2007 are held the second and fourth Wednesdays to accommodate the New Years Holiday. Director Ericson informed members a quorum exists when four Commissioners attend. He asked that if you cannot attend a meeting, to please let him or Planning Associate Heller know so they are aware of it in advance. He stated that on occasion an additional or emergency meeting is called if there is a lot of Planning Commission activity. He stated that at times meetings are cancelled if activity is light. Director Ericson explained packets are mailed or delivered to Planning Commission members the Friday before the next meeting. He stated if anyone would prefer an emailed copy of the packets to let him know. Director Ericson asked if there were questions or comments from the Commission at this time. Mounds View Planning Commission January 10, 2007 Regular Meeting Page 12 ________________________________________________________________________ Community Development Director Transcribed by: Dianna Wise TimeSaver Off Site Secretarial, Inc. Mounds View Planning Commission Regular Meeting January 10, 2007 Page 11 Chair Stevenson commented he has made the same suggestion since 2004, and will do so again. He invited the City Council to appoint a Liaison to the Planning Commission as outlined in Section V Council Liaison of the Bylaws. Commissioner Miller suggested under Section X A Attendance, it is cumbersome to say "Any member attending less than 20 meetings per year ..." rather than stating how many absences for the year, because sometimes only one meeting is held in a given month. Planning Commission members discussed several options of how many meetings could be missed before action was taken. Director Ericson stated the Planning Commission could take action at any point if they felt someone was not participating. He stated Section X A could be changed to reflect whatever the Planning Commission recommends. Commissioner Miller stated she likes a certain number in a row without notification. Commissioner Gums recommended any member missing four meetings in a row without notification. Director Ericson pointed out the standard at this time is missing four meetings assuming there are 24 meetings in the year. Chair Stevenson recommended missing three regularly scheduled meetings without notification. Director Ericson stated Staff would draft up a recommendation for approval. S. Next Planning Commission Meeting: A. January 24, 2007 B. February 7,2007 9. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:25 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Mounds View Planning Commission Regular Meeting Community Development Director Transcribed by: Dianna Wise TimeSaver Off Site Secretarial, Inc. January 10, 2007 Page 12 PLEASE SIGN IN MOUNDS VIEW PLANNING COMMISSION DATE: Name Address Phone C G�GG �ti f. Z ✓rd 3 '/'S` L e m 5, Yv ( V 1 C' bull -)12. 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