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HomeMy WebLinkAbout05-01-2002 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 1, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m., May 1, 2002. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Scotch, Hegland, Zwirn, Johnson, Stevenson Members Excused: Song (excused). Also Present: Community Development Director Ericson ___________________________________________________ _____________________ Index to Minutes Page Planning Case No. DE02-004, MI02-003 and ZC02-002 2 Location: Silver Lake Road/South of Silver View Apartments Applicant: Mike Juaire Planning Case No. LC02-001 9 Location: 7180 and 7190 Silver Lake Road Applicant: Steven Anderson ______________________________________________________________________________ 3. Citizens Requests and Comments on Items Not on the Agenda Linda Sandell of 7735 Silver Lake Road asked whether it was possible to extend the sidewalk at the corner of County Road I and Silver Lake Road on the trail over the St. Paul Waterworks easement. Chair Stevenson indicated he would ask Staff to look into it. Community Development Director Ericson commented that the St. Paul Waterworks has, in the past, desired to keep as much activity off of the area as possible. He then suggested Ms. Sandell contact Public Works Director Greg Lee to discuss the matter. Mounds View Planning Commission May 1, 2002 Regular Meeting Page 2 ________________________________________________________________________ 4. Approval of Minutes a. April 3, 2002 The Minutes for April 3, 2002 were not approved. _____________________________________________________________________________ 5. Planning Case DE02-004, MI02-003 and ZC02-002 Community Development Director Ericson explained that Michael Juaire had requested approval of a minor subdivision, rezoning, and development review for a six-unit townhouse development located on Silver Lake Road, south of the Silver View Apartments. He then suggested the Commission discuss the rezoning first because the other two approvals are contingent upon the rezoning being approved. Director Ericson explained that for the City to approve rezoning the property the Commission must find that the requested zoning designation would be consistent with the City’s Comprehensive Plan and would not be detrimental to the neighborhood or adversely affect any adjoining properties. He then explained that the City’s Comprehensive Plan is inconsistent with the current zoning of the two parcels because the Plan indicates R-1 and the parcels are zoned R- 2 and R-3. He further explained that regardless of the outcome of this rezoning hearing the City would need to amend its Comprehensive Plan with regard to those two parcels. Director Ericson indicated the second criteria of whether or not the development would be detrimental to the neighborhood is harder to answer. He then commented that any development will have an impact on the neighborhood and there should be, based on the R-2 zoning a reasonable expectation of medium density development. Chair Stevenson opened the public hearing at 7:10 p.m. Gail Lindgren of 7730 Silver Lake Road addressed Council and indicated she lived south of the proposed property. She then said that she is opposed to anything other than a twinhome being placed on the property and asked the developer to save as many trees as possible because she loves looking at them. She further stated she would prefer to have owner-occupied homes because she does not feel renters take care of anything. Chair Stevenson indicated that when plans are presented the plans would show trees to be removed. Director Ericson explained that due to the size of the lot and the size of the structure to be built it may not be possible to save many trees. He then cautioned against making generalizations about Mounds View Planning Commission May 1, 2002 Regular Meeting Page 3 ________________________________________________________________________ renters because there are good and bad renters and good and bad homeowners. He also explained that the City cannot legally require owner-occupied housing. Chair Stevenson pointed out that the proposed square footage of each unit is 1750 square feet and said that this should not be a low rent facility. Commissioner Hegland requested clarification of the zoning of the property and the Comprehensive Plan. Director Ericson indicated he felt the City simply missed the mark with regard to the land use designations of the parcels on the Comprehensive Plan because he feels it was always the intent that those parcels be zoned for medium density development, not low density as indicated by the Plan. Linda Matinen, daughter of the property owner who resides at 7767 Groveland Road addressed the Commission and explained they did not want a rezone to R-1 to match the Comprehensive Plan especially in light of the fact that her mother had received Council approval to rezone the property to R-2 a number of years ago. Leonard Sandell of 7735 Silver Lake Road asked whether the property should be rezoned to R-1 as indicated by the Comprehensive Plan. Director Ericson explained there is an error on the Comprehensive Plan because the Plan should have reflected the current zoning of the parcels and it does not. He then indicated the City agreed to rezone the property to R-2 in 1983 and the other property to R-3 which means the Comprehensive Plan should have been updated to indicate that zoning change. Mr. Sandell suggested the property should be offered up for sale to other developers in the interest of fairness. He then commented that he feels there is a difference between owned units and rental units and he would prefer if this was an owner-occupied development. Keith Cummins of 7729 Knollwood Drive suggested that for planning purposes it may make more sense to go from residential to the two-plexes and then to the apartments rather than this six-unit development. He also commented that there are already two four-plexes on Groveland Road that are in a constant state of disrepair and something like that would negatively impact the neighborhood. Ron Steffen of 7729 Groveland Road said he does not want to see a six-plex on the property. He then said his backyard backs up to the north property and he would prefer that the trees stay there rather than development. Chair Stevenson pointed out that the property next to Mr. Steffen is already zoned R-3 and the developer has received preliminary approval to construct a six-unit building. Mounds View Planning Commission May 1, 2002 Regular Meeting Page 4 ________________________________________________________________________ Mike Juaire addressed the Commission and explained that he is not an absentee landlord but is very involved in running his properties. He further explained he performs a rigorous background investigation that all applicants must go through before being allowed to live in his properties. He then commented that this is his livelihood and he takes care of it well. Chair Stevenson asked if there is a property manager. Mr. Juaire indicated he, his wife, and his son manage the properties by hiring out the work and noted he has contracts with plumbers, HVAC people, general maintenance, lawn care and snow removal companies. Chair Stevenson asked if Mr. Juaire had any properties that are similar to the proposed property that are older. Mr. Juaire indicated he owns two properties at the corner of 44th Avenue and University Avenue in Columbia Heights that are different in design but more upscale as this facility will be. Commissioner Johnson asked what the average rent would be. Mr. Juaire indicated the average rent is $1065.00 Gail Lindgren said it is her dream to be able to see nothing but trees out of every window she looks out of and asked the developer to keep in mind that the trees are precious to her when planning his development. Director Ericson suggested the City could require that the developer mark the trees to be removed so that the neighbors could see what to expect as well as give Council a chance to view the proposed removal before hearing the request at its meeting. Director Ericson asked Chair Stevenson to determine if the applicant is interested in the minor subdivision if the rezone does not move forward. Mr. Juaire indicated that he was not interested in the minor subdivision if the rezone is not granted. Commissioner Zwirn asked if any of Mr. Juaire’s rental properties are subsidized by the government. Mr. Juaire said no. Commissioner Zwirn commented that a landlord can make promises to upkeep the property but the landlord and the neighbors are at the mercy of a bad tenant and the court system is known for leaning toward the tenant. He then asked how Mr. Juaire intended to take care of that type of situation. Mounds View Planning Commission May 1, 2002 Regular Meeting Page 5 ________________________________________________________________________ Mr. Juaire explained he had one case that was stopped within three weeks in Columbia Heights. He then explained he partners with the neighbors in the area and the local law enforcement officials to help keep a watch on the situation during the eviction process. Mr. Juaire explained that the eviction process is actually much quicker than people are led to believe and he can usually have someone evicted within three weeks of commencing the process. Chair Stevenson commented that the City has reached its saturation point for rental housing and has committed that future developments will be owner related type construction. He then asked why Mr. Juaire had not considered owner occupied. Mr. Juaire indicated he builds and rents properties as his income and that is why he had not considered owner occupied housing. Harry Ford of 7780 Groveland Road asked for the east/west measurement for Lot 5. Mr. Juaire indicated the depth is 201 feet. Keith Cummins indicated that an average tree covers about 40 feet in diameter which means there is not going to be room to save many, if any trees on the site. Ms. Lindgren indicated the trees are small trees not large oak trees. A resident said he is not sure that $1100 per month is upscale when you consider it costs $800 for a normal apartment. He then asked how many rooms you get for $1,000. Mr. Juaire explained that the rental figure given was for the units in Columbia Heights and explained the rent for the proposed units would be $1250 and includes three bedrooms, two baths, a family room, dinette and a two car garage. Commissioner Johnson suggested that trees could be saved up to the driveway area and on the west it may be possible to save a 50 foot tree line whereas in the north/south direction he anticipates only 20 or 22 feet. Director Ericson indicated it would be a good idea to determine what trees would be saved and then mark it so that residents could see what trees would be lost. Ms. Matinen, daughter of the property owner, asked Staff to handout the drawings of the proposed facility to assist the neighbors in understanding the proposal. She then said that the neighbors could ask the developer to transplant the trees if they are that interested in saving them. Ms. Lindgren asked the developer to leave as many trees as possible. Mounds View Planning Commission May 1, 2002 Regular Meeting Page 6 ________________________________________________________________________ Commissioner Johnson cautioned that another developer could come in with a development plan under the current zoning and level every tree. Mr. Sandell expressed concern with the driveways and access. He then suggested it may be prudent to lower the speed limit to 30 mph in the interest of safety. Director Ericson handed out drawings of the site plan for the audience. Ms. Sandell asked if there would be a sidewalk on that side of the street. Director Ericson indicated there is not a plan for a sidewalk in that location at this time. Director Ericson reviewed the requirements for the development review. He reviewed the setback requirements and noted the setbacks are met, the parking requirement has been met, access requirements have been met, drainage plans will be reviewed by public works during the building permit stage, the City Forester has reviewed the landscaping plans and recommended greater coverage in the planting areas, and the curbing requirements have been met. Director Ericson discussed the building exterior and indicated it is to be mostly vinyl siding and Staff has asked the developer to add brick facing to add character as well as suggesting the back of the building jog in by five feet to break up the expanse of vinyl siding. Director Ericson indicated Staff has requested privacy screens on the patios rather than one continuous fence because one continuous fence lends itself to vandalism and upkeep issues. He also noted there would be some additional screening at the access on Groveland to screen headlights from the neighbors. Director Ericson indicated Staff reviewed the plan for snow storage and removal and there should be sufficient space on site but Staff is requesting that the snow not be pushed to the back end of the lot because it may damage plantings in that location and cause runoff onto adjacent properties in the spring. The lighting requirements have been met. Director Ericson indicated Mr. Juaire has been very willing to work with Staff on this proposal and, as late as this afternoon, was making changes to the plans as requested by Staff. Director Ericson indicated that Staff has asked that any changes done to this building be done to the previously approved building so that they match and the applicant has indicated a willingness to do so. Commissioner Miller asked if the Fire Department had reviewed the proposal. Director Ericson indicated the plan would pass Fire Department inspection but will be sent to them for comment and approval. Mounds View Planning Commission May 1, 2002 Regular Meeting Page 7 ________________________________________________________________________ Commissioner Miller asked how trash collection would be handled. Director Ericson indicated each unit would have its own garbage can like any other single family home. He then said it would be nice if it were possible for the garbage truck to turn around rather than having to back out onto Silver Lake Road. Director Ericson explained that, as with any subdivision, a park dedication fee would be required and in this case the park dedication fee would be $4,839.00. Ms. Lindgren commented that all of this could be avoided if the property owner did not want to sell the land and the developer did not want to build there. She then asked the Commission to keep the land zoned as R-2. Chair Stevenson indicated this proposal may be more desirable than a developer coming in and clear cutting to put in a twinhome because it may be possible to save some trees. Ms. Lindgren said she would prefer a twinhome. Mr. Sandell said he cannot believe anybody thinks it is a good idea to have 8 cars backing out into Silver Lake Road. He then suggested they find a way to provide enough space to turn around. Director Ericson explained there should be enough room to be able to provide space for a vehicle to back out and turn around so the vehicle could pull out onto Silver Lake Road rather than back out. Chair Stevenson suggested making it a requirement to provide enough driveway area to be sufficient for turning around. Ron Schleiss of 7786 Groveland Road said 30 feet is not much to park a car and turn around. He then asked if the townhouses would stick out past the ones beside it. Director Ericson indicated there is actually 45 feet to turn around. He then said that the townhouses would be setback even with the others. Mr. Schleiss asked whether a holding pond would be required on site. Director Ericson indicated City Staff would work with the applicant to ensure proper drainage on the site but noted this development did not require Rice Creek Watershed District approval because it is less than 2.5 acres and there is no requirement for a holding pond. Joe Preis of 7735 Groveland Road indicated that the road between SuperAmerica and the Co-op has been designated as overflow parking for the Co-op and he is afraid that overflow parking from this development would spill out onto that street. Mounds View Planning Commission May 1, 2002 Regular Meeting Page 8 ________________________________________________________________________ Tim Jarret of 2841 Woodale Jarrett said he feels that the City has enough multifamily housing and suggested making the land available to other developers as he feels it would be easily marketable for another purpose. He then said he feels the building is architecturally boring and $1250 is low rent for a three bedroom home. Commissioner Johnson indicated that Mr. Juaire would be in charge of all the maintenance for the development whereas a twinhome, that is either owned or rented, may not be maintained as well as proposed by Mr. Juaire. He then commented that the City cannot control whether the property is owned or rented. Director Ericson agreed that the City could not control whether properties are owned or rented. He then said that even though the City has a sufficient amount of multi-family housing it is lacking in rental townhomes and this type of use may be very marketable in the City. Commissioner Stevenson closed the public hearing at 8:45 p.m. MOTION/SECOND: Zwirn/Hegland. To Deny Resolution 697-02, a Resolution Recommending Approval of a Development Review, Minor Subdivision and Rezoning for a Six Unit Townhouse Development Located on Silver Lake Road. Commissioner Hegland indicated he did not feel comfortable rezoning the property because it is his feeling that the ratio of multi-family housing to single-family housing is biased to one side and he would like to work toward correcting that. Ayes – 4 Nays – 2 (Miller/Johnson) Motion carried. Director Ericson indicated the recommendation of denial along with a copy of the minutes would be sent to Council. He then noted there would be another public hearing at the Council level on May 28, 2002. Mr. Sandell told the Commission it would be nice to look for the type of townhomes being build on Osborne Road, one level, owner-occupied townhomes. Ms. Matinen, the daughter of the property owner, asked the Commission if she could build a twinhome on the property and remove all the trees. The Commissioners said yes. Ms. Matinen said thank you. ______________________________________________________________________________ Mounds View Planning Commission May 1, 2002 Regular Meeting Page 9 ________________________________________________________________________ 6. Planning Case LC02-001 Community Development Director Ericson reviewed the request with the Planning Commission and explained that the applicant, on behalf of the property owner, had requested approval to consolidate two tracts of land. The parcel containing the Silverwood Apartment complex and the adjacent landlocked and vacant tract of land. The property owner controls both parcels. The request has been made to satisfy the lender because the apartment complex is a legal nonconforming use within the City and the joining of the parcels would make the use conforming under City Code. Director Ericson explained that the lot combination would require park dedication fees in the amount of $14,390 which would need to be paid before the lot combination is recorded. He then commented that the property owner may wish to ask for a reduction in the dedication fee and that would be heard by Council. Director Ericson indicated that the Resolution recommending approval was subject to four stipulations and read those for the Commission. They are 10 foot drainage and utility easements and fixing the Mayor’s name, park dedication fee, no development or expansion onto the R-1 portion of the lot, and final plat approval within six months. Staff recommended approval of the request. Chair Stevenson opened the public hearing at 8:50 p.m. Commissioner Miller asked how the land became landlocked. Director Ericson indicated he was not sure as it predated his tenure with the City. Steven Anderson from Cedar Management addressed the Commission and indicated the Management Company’s lender had requested that the property be brought into conformity with City Code and this request would do that. Commissioner Hegland said that with the additional land, if the units blew down more than 40 could be built. Mr. Anderson indicated additional units had not been discussed as the concern lies with ensuring that the existing 40 could be replaced in the event of a disaster. A resident asked to leave the parcel as landlocked and just move enough land to allow them to replace the existing 40 if they are destroyed. Chair Stevenson assured residents that no additional units would be allowed to be constructed on the additional land. Mounds View Planning Commission May 1, 2002 Regular Meeting Page 10 ________________________________________________________________________ Commissioner Hegland indicated that a condition of no development could be added to the approval. A resident suggested the property owner could come back later and request that the zoning be changed to be allowed to build additional units. Director Ericson suggested requiring an easement to dedicate the land to the City so that the City could control the use of it. Judy Garner of 2817 Woodale Drive indicated she has had numerous problems with the apartment residents including helping themselves to her garden. She then said she wants no more units added. Director Ericson suggested adding the required space to make the complex a conforming use and dedicating the rest in an easement so there would not be room for the complex to expand. Mr. Anderson indicated he would need to discuss the proposed easement with the property owner. Chair Stevenson suggested it may be easier to get a relaxing of the park dedication fees with an agreement to dedicate an easement to the City. Director Ericson added a fifth stipulation to the Resolution to require that the property owner dedicate an easement to the City so the City can control future development on the parcel. Commissioner Zwirn asked if the Resolution needed to specify that no future development would be allowed on the property. Director Ericson indicated he did not feel it would be necessary as the stipulations would be sufficient. He then said he would ask the City Attorney to review the wording of the Resolution to ensure there is no loophole by which the property owner could expand the use. Chair Stevenson closed the public hearing at 9:15 p.m. MOTION/SECOND: Johnson/Miller. To Recommend Approval of Resolution 696-02, a Resolution Recommending Preliminary Plat Approval of the Knollwood Park Fourth Addition Major Subdivision. Ayes – 6 Nays – 0 Motion carried. Director Ericson indicated this matter would be heard before Council on May 28, 2002 with a preliminary discussion at the May 13, 2002 Council meeting. ___________________________________________________________________________ Mounds View Planning Commission May 1, 2002 Regular Meeting Page 11 ________________________________________________________________________ 7. Next Planning Commission Meeting: May 15, 2002 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 9:18 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, James Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.