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HomeMy WebLinkAbout06-05-2002 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 5, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Acting Chair Miller at 7:00 p.m., June 5, 2002. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Scotch, Hegland, Zwirn, Johnson, Song Members Excused: Stevenson (excused). Also Present: Community Development Director Ericson ________________________________________________________________________ Index to Minutes Page Planning Case ZC02-003 2 Location: SW Corner of H2 and Long Lake Road Applicant: Marty Harstad Planning Case PD00-002 12 Location: 2200 County Highway 10 Applicant: Dan Hall of the Mermaid ______________________________________________________________________________ 3. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________ 4. Approval of Minutes a. April 17, 2002 Mounds View Planning Commission June 5, 2002 Regular Meeting Page 2 ________________________________________________________________________ MOTION/SECOND: Johnson/Song. To Approve the Minutes of the April 17, 2002 Planning Commission Meeting. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ 5. Planning Case ZC02-003 Community Development Director Ericson reviewed the request of the applicant for a rezoning of 66 lots within the Red Oak Estates No. 3 subdivision from R-1 single-family residential to R-3 medium density residential. Director Ericson explained the history of the property and gave an explanation of how the inability to construct any further townhomes on the property arose. Director Ericson indicated that in 1977 the City’s Code underwent a revision and, as a result, townhomes were no longer conditionally permitted within the R-1 district. Director Ericson indicated he had reviewed a zoning map from 1961 and the property has always been zoned R-1. He then noted that a number of years ago there was a request to rezone the property that was denied by the City. Director Ericson indicated the Planning Commission acts as an advisory body to Council and is charged with determining whether the request is consistent with the Comprehensive Plan and whether or not the requested rezoning would be a good fit for the neighborhood. Director Ericson indicated that notice of this meeting was sent to all residents within 350 feet and noted there was an error in the date of the notice but that had been remedied and all residents were re-notified. Director Ericson indicated that the request is not consistent with the Comprehensive Plan as a whole, but a portion of the lots, those that front on H2, would be consistent. Director Ericson commented that whether or not this rezoning would be detrimental to the adjoining properties is subjective but Staff feels rezoning the lots fronting H2 may be appropriate while rezoning the lots fronting on Greenwood Avenue would not be appropriate. Director Ericson indicated that Staff feels that rezoning the lots fronting H2 would not adversely affect the community. He then commented that the City could not deny a property owner the right to build but can control how the property is developed. Director Ericson indicated that Staff is seeking direction from the Commission as to how to proceed on this request. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 3 ________________________________________________________________________ Director Ericson indicated there would be other significant issues with the development of this property due to the wetland and the wetland buffer. He then said that Staff recommends that any rezoning approval be subject to the City’s Wetland Zoning Ordinance. Director Ericson noted a letter of opposition had been received and was placed in packets as well as noting another one had been dropped off and copied for the Commission this evening. Director Ericson pointed out on the map where the wetland was located and noted that pursuant to City Code the property owner could not build within 100 feet of the wetland buffer without a wetland buffer permit. Martin Harstad of 2195 Silver Lake Road thanked Mr. Ericson for his presentation and reiterated the fact that this development was approved for a 72 lot townhome 27 years ago and his family has been paying taxes on the lots. He also gave an explanation of how the townhome project was set up creating common ground causing title issues for him at this point because he only owns the little boxes and not the land surrounding those boxes. Mr. Harstad commented that as a condition of approval the City required permission to allow water to come onto the property. He then said he would not say it has not always been a wetland but said that water has been added to his property. Commissioner Johnson asked if Mr. Harstad was notified of the Zoning Code revision in 1977. Mr. Harstad indicated he was not in charge of this property in 1977 and was not sure whether notice was received. Commissioner Johnson commented that there is City-wide notice any time the Comprehensive Plan is amended. Mr. Harstad commented that he does not live in Mounds View and would not have seen notice of the Comprehensive Plan amendment on the cable channel or in Mounds View publications. Commissioner Hegland asked Mr. Harstad to explain the common space issue and who owns the property. Mr. Harstad indicated that when setting up a townhome development an association is set up to maintain the grounds and ownership interest is given to the common space around the townhome. He then indicated that 6 people have closed on the property and own a share in the common ground and noted he owns 66/72nd of the property. Commissioner Zwirn commented that in order to develop the property Mr. Harstad would need the permission of the six interested property owners. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 4 ________________________________________________________________________ Mr. Harstad indicated that he has been communicating with those property owners and was given a six-figure number as to what it would cost him for permission to proceed with the development. Commissioner Zwirn indicated he did not understand how Mr. Harstad could proceed without coming to terms with those property owners. Mr. Harstad indicated he could proceed if the rezoning is allowed because that would recreate the townhome association and allow for the building of more townhomes. Mr. Harstad commented that the City put him in an awful situation and he is at the mercy of negotiating with himself on this. He then said that the approval for this development was given in turn for the taking of the lowland for storm water treatment and now the City has changed its mind and he can no longer proceed with the development as previously approved. Commissioner Hegland asked if there was a record of what was approved in 1974. Director Ericson indicated the plat on the board is what was approved. He then indicated that he reviewed the minutes from 1972 and the discussions were to allow townhomes in this area. Commissioner Hegland commented that Staff had said that this property has always been zoned R-1. Director Ericson explained that the property has always been zoned single-family residential but noted that in 1974 townhomes were allowed by conditional use permit and that is what was approved. Acting Chair Miller asked how the wetlands would affect the Commission’s decision Director Ericson indicated that the City needs to follow the Codes that are in place today regardless of what was approved in 1974. He further commented that the City and the property owner would need to follow the City’s Wetland Zoning Ordinance. Commissioner Zwirn asked if H2 would be widened. Director Ericson indicated that Council had recently approved the reconstruction plans and the plans had been sent out to bid. He then noted H2 would be reconstructed including curb and gutter from Pleasantview to Highway 10. Acting Chair Miller asked whether the widening of H2 would affect the setback requirements for these lots. Director Ericson indicated that the property lines would not change, as there is sufficient right- of-way available. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 5 ________________________________________________________________________ Commissioner Johnson indicated he had an issue with rezoning any of the property. He then said that notice is provided of changes to the City’s Code and the change affected this property owner because he did not proceed with an approved plat when the approval was received. He further stated that he feels some of the blame lies with Mr. Harstad for not acting on the plat when it was approved 27 years ago. Commissioner Scotch agreed with Commissioner Johnson and noted that there are significant wetland issues involved now that were not an issue 27 years ago. She then asked if there was something else that could be developed on the property. Mr. Harstad said, no, not the way the title sits today. Mr. Harstad asked the Commission not to lose sight of the fact that a lot of people own houses with vacant land next to them and think the land should stay undeveloped. He then said he does not live in Mounds View and would not have access to community wide notification specific only to Mounds View. He further commented that he has a right to build on his property. Commissioner Hegland commented that no one has said they are against developing the property and said he would be happy if it could be developed according to the zoning that it has. He further commented that the Zoning Code change precludes Mr. Harstad from doing what was planned 27 years ago but that does not mean that there is not a way to develop the property. It is a matter of economics for the builder and that is not an issue for the City. Mr. Harstad commented that he pays taxes like everyone else. Commissioner Johnson commented that he has never liked when residents come and say they do not want to lose the trees next to them because he does not feel it is fair for a neighboring property owner to say they do not want to lose trees when they are not the ones paying taxes to own those trees. He then said he understands the issues with platting on this property and noted there is a Commissioner on this board that lived next to a vacant lot that is now developed. He further commented that the Commission is attempting to be fair to all parties but needs to follow the guidelines and this development does not fit the property. Julian Sprunck of 2649 Louisa Avenue indicated he owns Lot 6, Block 1 Red Oak Estates No. 2 which is the property directly abutting the property in question tonight. He then said he respectfully disagrees with Staff that the development of the lots on H2 would not affect the surrounding properties because in 1998 he had contacted Rice Creek Watershed and a Tony Brough came out and surveyed the entire area from his backyard and informed him that if townhomes were to be built, the ground would need to be raised 6 inches and doing so would cause severe flooding for 15 properties in the area. Mr. Sprunck provided copies of pictures of his backyard with rainfall amounts of 4 to 6 inches. He also handed out the originals for review. He then commented that the pictures were from two separate rainfalls happening three years apart. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 6 ________________________________________________________________________ Mr. Sprunck commented that former Mayor McCarty had commented at a meeting that the City of Mounds View has enough townhomes and does not need any more and said he agrees. He further commented that he feels the addition of townhomes on this property would adversely affect 15 properties by causing flooding and said he would strongly urge that the Commission’s recommendation be to deny the rezoning request. Acting Chair Miller asked if Mr. Brough had addressed single family homes and the potential for flooding of neighboring properties. Mr. Sprunck indicated only townhomes were addressed. Commissioner Johnson asked if the widening of H2 and addition of curb and gutter for storm water management was addressed. Director Ericson commented that Mr. Sprunck raised a good point but noted this development, if approved by the City, would need to go through Rice Creek Watershed District approval and, if it is true that flooding would be an issue, it simply would not be approved or appropriate revisions would be made to address the issue. Acting Chair Miller asked if Rice Creek would review the entire development. Director Ericson indicated that Rice Creek must review every project that is greater than two acres regardless of whether there is a wetland on the property in order to address the handling of storm water. Director Ericson also pointed out that the City would require soil borings to make sure that the soils can support foundations prior to the issuance of a building permit. He then said that the City cares about its existing residents and would not allow any development that would cause water issues for them. Mr. Sprunck indicated that the last rainfall took two weeks to recede to the point where he could mow his lawn. Commissioner Johnson commented that rezoning would give the applicant the right to apply for a permit to build on the property but noted there are many issues that would need to be resolved before anything could be built there. Lee Watkins of 2609 Louisa Avenue indicated he moved to his property in 1974 and the property was zoned R-1 at that time. He further commented that the builder had the opportunity to construct the townhomes at that time and did not do so and he does not feel the approval would be appropriate at this time. He also said he has issues with standing water in his yard after a heavy rainfall and does not want the neighborhood disturbed by all the additional traffic that would be created from this type of development. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 7 ________________________________________________________________________ Ron Morgan of 2656 West County Road H2 indicated he lives in one of the constructed townhomes on the subject property and is speaking on behalf of the six interested property owners. He then produced a copy of a letter written by City Attorney Riggs in February of 1998 that states that all owners of the land must agree to request a rezoning of the property. Mr. Morgan read portions of the letter for the Commission and those in attendance. Mr. Morgan commented that considering the rezoning request seems to be in direct opposition of what the City Attorney has advised the City. He then commented that the 66 lots are islands and Mr. Harstad has no access to them in order to build on them. Mr. Morgan commented that Mr. Harstad has referred to this property as his property and commented he could rezone what he owns but cannot get to it to do anything with it so he feels the rezoning request should not be on the docket for consideration. Mr. Morgan said the property owners are not against development as long as Mr. Harstad follows the codes. He also said that they as owners have rights and are not against development but said Mr. Harstad would need to work with them and it seems he is trying to use this process to circumvent the townhome owners. Mr. Morgan said that if the City does not want to kill the proposal then he would request time to give the property owners the ability to seek legal representation. Mr. Harstad commented that the context of the City Attorney’s letter had been twisted slightly by Mr. Morgan and noted that the issue addressed by the City Attorney in 1998 was a request to rezone the entire parcel and his request is to rezone the 66 lots which he owns. Director Ericson confirmed that the City Attorney had drafted that letter in response to a specific proposal in 1998. He then said he had spoken to Mr. Riggs this afternoon and was informed that Mr. Harstad is entirely within his rights to request a rezoning of the 66 lots. He then noted this matter would be before the Commission at its next meeting and before Council in July, which would give owners time to consult with legal counsel. Mr. Harstad clarified he was not intending to speak for the City Attorney but noted that numerous hours have been spent in analysis of that letter and he felt he could speak to the context of it. Mr. Morgan commented that changing the zoning of those lots makes no difference because there is no access to them without going through someone else’s property. Commissioner Hegland commented that Mr. Harstad has the right to request the rezoning. Dana Mandoza of 2633 Clearview Avenue commented that he would like the zoning kept at R-1 and noted the developer had the chance to put up the townhomes in 1974 and did not do that. He further commented that large rainfalls leave water standing in backyards on Louisa and Mounds View Planning Commission June 5, 2002 Regular Meeting Page 8 ________________________________________________________________________ Clearview and adding townhomes here would increase the water runoff that would collect on those streets. He also commented that he is a realtor and feels that Mr. Harstad could get his money out of the property by developing single-family homes. Steve Miller of 2614 Clearview urged the Commission to read the letter from Judy and Tom Rowley because it contains an excellent recap from 1974 to present. He then said that, if Mr. Harstad is the majority property owner he should buy the common property from the other owners and develop it. He further stated that when he bought his house the lots on Greenwood were slated for single-family development. Mr. Harstad said he did not think this was the proper venue for a debate on the answer to Mr. Miller’s question but said his attorney’s are working on the issue and there is no black and white answer. Mr. Miller asked why the City is spending time on this matter if there is no answer to the ownership questions. Commissioner Hegland commented that Mr. Harstad has the right to make this request and how he deals with the common property owners is a different issue. Mr. Harstad indicated the issues would be resolved before coming to the City with development plans. Commissioner Song commented that the Codes have changed and Mr. Harstad needs to accept that because there are too many questions with this property. Mr. Harstad said he does not disagree that codes change but the property is already developed land that was platted and, technically, when the codes were changed that approval was taken away. Rochelle Rusk of 2662 County Road H2 asked whether, under the current zoning, Mr. Harstad could come back with a plat for single-family homes. Director Ericson indicated it is a complicated issue but noted that in order to replat the property Mr. Harstad would need the signatures of the co-owners of the common ground. Commissioner Johnson commented that rezoning the lots fronting on H2 would be consistent with the Comprehensive plan but noted there is no guarantee that those lots are buildable. Director Ericson indicated that consistency with the City’s Comprehensive Plan is one component that needs to be considered as well as the impact on the neighborhood. Commissioner Scotch asked if Rice Creek has looked at the area. Mr. Harstad said he had done a wetland delineation of the property recently. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 9 ________________________________________________________________________ Mr. Harstad commented that this development was never finish graded so that the backyards would flow east to west. Commissioner Scotch said she would like Rice Creek Watershed District to review this before giving approval. Mr. Harstad said that he had a wetland delineation done and that is the baseline for a decision. Director Ericson indicated that it is premature to involve outside agencies at this time because the request may not be approved and that would be a waste of those agencies time. He then said that any approval given by the City would be contingent on approvals by Rice Creek Watershed District. Commissioner Hegland asked how many units per lot would be allowed if rezoned. Director Ericson indicated he would need to check the Code for the specific number but said it is either six or eight. Mr. Morgan commented that the original owners of the townhomes had many issues with getting loans and water problems as a result of being abandoned by Mr. Harstad. He then said the Association spent a lot of money trying to figure out how to proceed and he would like the City to abide by the letter of the City Attorney and respect the owners’ opinions. Mr. Miller indicated he lives on Clearview and has had water problems since 1974 but said he cannot hold Mr. Harstad responsible but does hold Wally Skiba, former City Inspector, responsible. He then commented that his property is the collection point for storm water runoff. Richard Busby 2645 Louisa Avenue indicated that some of the water problem pictures were his and said he is concerned that the value of the houses in the neighborhood would be affected by putting townhomes in the area and asked that the zoning remain R-1. Pat Matey of 2605 Louisa Avenue indicated she purchased the property that abuts the wetland buffer area and specifically bought that lot because she thought that being up against the wetland there would be no development. She then said that she has water issues in her basement and noted her fence leans over due to the boggy soil. Jean Andres of 2637 Louisa Avenue indicated she and her husband were out in the last rain digging out the drainage ditch in an attempt to help water flow. She then said that adding townhomes to this property will not leave enough land to absorb the water. Carol Spitza of 2618 Clearview Avenue indicated she did not want flooding in her house and said that she bought 12 years ago and adding the townhomes will increase the flooding risk and negatively impact the neighborhood with the additional traffic. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 10 ________________________________________________________________________ Martin Sheets of 5266 Sunnyside said his sump pump runs approximately every 30 seconds during the early spring and after a rainfall and today was running every 15 minutes. He further commented that there is an awful lot of water in the area and he does not want to see it get any worse. Commissioner Johnson asked if completing the final grading would help with the storm water issues. He then asked whether the storm sewers on H2 would help once constructed. Mr. Sprunck said that even if the final grading is completed the property would need to be raised 6 inches to build and that is what will create the flooding issues. Commissioner Johnson said he would like to know if Rice Creek’s recommendation would change with the addition of the storm sewer. Mr. Harstad said he understands residents concerns but said that these things are all part of when a development goes in. He then said that all necessary agencies would be getting involved to ensure all requirements are met at his expense. Commissioner Scotch said she would like to leave the property zoned R-1 and would like the water issues resolved. Mr. Harstad said that if he knows he has an approval he could then look into what it would cost him to comply with the stipulations placed on that approval. Mr. Miller commented he had a copy of an application that seemed to be for one parcel. Director Ericson clarified that there are 66 separate applications but Staff only copied one application when sending notice out to residents in an effort to save time and money. Commissioner Johnson commented that he wanted to be fair to Mr. Harstad and he does not feel there is a need to wait because the engineers will say what needs to be done in order for the property to be developed. Commissioner Hegland asked whether the Commission was interested in rezoning any of the lots. Marlene Scarda of 2641 Louisa Avenue commented that her backyard is a swamp now and she is concerned with the fact that H2 is quite a bit higher than her property and adding that many townhomes will further aggravate the drainage issues. She further commented that it was Mr. Harstad’s choice to stop developing because the townhomes were not selling and he did so without finish grading those homes that were already built. Commissioner Zwirn commented that Mr. Harstad had an obligation to finish the grading when he built those townhomes and he abandoned those people so he has no confidence that Mr. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 11 ________________________________________________________________________ Harstad will do what he says he will do. He further stated that he does not feel it is appropriate to be discussing the rezoning when Mr. Harstad has not dealt with the co-owners of the property. Commissioner Zwirn commented that he drove over to the area and there is an elevation issue and that is why he feels that development of this property will have a negative impact on Louisa Avenue and possibly Clearview. MOTION: Zwirn. To Deny the Request of Mr. Harstad to Rezone 66 Lots Within the Red Oak Estates No. 3 Subdivision from R-1 Single Family Residential to R-3 Medium Density Residential. Commissioner Johnson asked whether the City followed up on finishing the drainage ditch as requested by a resident. Director Ericson said he is not sure how often calls are received because the calls come in to public works but noted the City is aware of a problem with Louisa that could have been resolved had the swale been created in 1974 as planned. He then said that the City now has a better ability to control development and has recordable documents to make sure that things are taken care of as planned than it did in the past. He also noted that the issue of the final grade could be dealt with as a condition of granting the building permit. Director Ericson indicated that Staff cannot recommend approval of the rezoning of the lots on Greenwood Avenue but feels that rezoning the lots on H2 would not be inappropriate provided that all contingencies are met before anything is constructed. Commissioner Zwirn said that Mr. Harstad has a responsibility and an obligation to take care of the end projects and that has not been done for those residents. Commissioner Hegland asked whether an eight unit townhome could be constructed if the R3 zoning was approved. Director Ericson indicated that nothing more than what was approved on the existing plat could be constructed. He then noted that there are a couple of six unit buildings and an eight unit building listed. Commissioner Hegland said that he does not feel anything more than R-2 zoning would be appropriate for this property. Mr. Watkins indicated that the neighbors had tried to get the builder and City to deal with the issues for years and it has been very frustrating. The Motion of Commissioner Zwirn to deny the rezoning request died for lack of a second. Commissioner Johnson agreed with Commissioner Hegland and said that even if the property is rezoned it does not seem that there would be much buildable land. Mounds View Planning Commission June 5, 2002 Regular Meeting Page 12 ________________________________________________________________________ MOTION/SECOND: Johnson/Scotch. To Table the Rezoning Request to the Next Planning Commission Meeting. Ayes – 6 Nays – 0 Motion carried. The Commission indicated that it was only interested in approving an R-2 zoning for those lots along H2 and asked that Staff discuss the matter with Mr. Harstad and provide an appropriate Resolution for consideration at the next meeting. Director Ericson thanked residents for coming and indicated the matter would be before the Commission at its June 19, 2002 meeting. The Commission recessed at 9:15 p.m. The Commission reconvened at 9:20 p.m. ______________________________________________________________________________ 6. Planning Case PD00-002 Community Development Director Ericson explained the request to the Commission and indicated that the preliminary plat approval had expired because a final plat was unable to be filed due to delays by a party in Boston. He then indicated that all issues had been resolved and the final plat is ready to be filed. MOTION/SECOND: Johnson/Hegland. To Approve Resolution 698-02, a Resolution Recommending Approval of a Preliminary Plat for the Mermaid Addition Major Subdivision. Ayes – 6 Nays – 0 Motion carried. Director Ericson indicated that there would be a Highway 10 Corridor Redevelopment meeting at the Community Center on June 17, 2002 at 6:00 p.m. and invited all interested residents to attend to provide feedback on the redevelopment proposal. ______________________________________________________________________________ 7. Next Planning Commission Meeting: June 19, 2002 ______________________________________________________________________________ Mounds View Planning Commission June 5, 2002 Regular Meeting Page 13 ________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Acting Chair Miller adjourned the meeting at 9:30 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.