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HomeMy WebLinkAbout858-07 to 881-07MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 858-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION OF 8184 EASTWOOD ROAD REQUESTED BY ABIDING SAVIOR CHURCH; MOUNDS VIEW PLANNING CASE NO. MI06-002 WHEREAS, Property owner Abiding Savior Church, located at 8211 Red Oak Drive, (the Applicant) has requested approval of a minor subdivision of 8184 Eastwood Road, property zoned R-1, Single Family Residential, legally-described as follows: The North 101.25 Feet of fhe South 810 Feet of the East 528 Feef of the Wesf 1,584 Feef of the Northeast Quarter of Section 6, Township 30, Range 23, subject to easements for road and utility purposes. WHEREAS, the Applicant proposes to split off the existing home and 16,025 square feet (Parcel B) from the above described parcel to create a presently non-buildable 34,900 square foot lot (Parcel A) with 10.72 feet of access onto Eastwood Road; and, WHEREAS, while proposed Parcel B satisfies all City Code requirements, Parcel A would be non-conforming as a buildable lot in that it would not satisfy the minimum street frontage requirement of 75 feet; and, WHEREAS, the Planning Commission has reviewed the ApplicanYs request for a minor subdivision and has determined that the requested subdivision pertaining to Parcel B is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and NOW, THEREFORE, BE IT RESOLVED thatthe Mounds View Planning Commission recommends approval of the minor subdivision 8184 Eastwood Road subject to the following stipulations: 1. The Applicant shall arrange to have the Certificate of Survey revised to illustrate the following proposed drainage and utility easement areas: The north and south 5.0 feet and the east and west 10.0 feet of Parcel 8 And shall arrange to add the following language to the Certificate of Survey: The proposed drainage and utility easements shown on Parcel 8 will be dedicated by a separate document and recorded by the Property Owner with Ramsey County. Resolution 858-07 Page 2 2. The Applicant shall arrange to bring the existing shed from 8184 Eastwood Road into compliance with setback and zoning requirements based on the proposed new lot line. The applicant shall arrange to immediately combine Parcel A with the existing 6.31 acre Church property at 8211 Red Oak Drive. No construction activity shall be permitted on Parcel A NOW, THEREFORE, BE IT FUTHER RESOLVED that the Applicant shall have 60 days from final approval to file proper documentation with Ramsey County, including new deeds, easement documents and lot combination agreement, and furnish proof of such recording to the City showing evidence of such recording. If such action is not accomplished by the date so indicated, this minor subdivision approval shall be considered null and void. NOW, THEREFORE, BE IT FUTHER RESOLVED that no park dedication fee shall be imposed on this subdivision due to there being no increase in density or no further intensification of the land usage. NOW, THEREFORE, BE IT FURTHER RESOLVED that approval of this minor subdivision in no way shall be construed as tacit or implicit approval or endorsement of any subsequent development appiication. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 24th day of January, 2007. ATTEST: (SEAL) � � , /� � 1 c" ' -� Gary Stevenspn, L�'. �M-��...� hairperson � U.iVtn.11.� �iR.�v1-�� James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 859-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING REVISIONS TO THE MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS WHEREAS, Section 401.06, Subd. 7 ofthe Mounds View Municipal Code requires the Planning and Zoning Commission to adopt bylaws for its governance and for the transaction of its business, and for annual review of these bylaws; and, WHEREAS, the Planning and Zoning Commission has conducted a review of the Bylaws and has determined that a minor revision is needed. NOW, THEREFORE, BE IT RESOLVED that the Bylaws for the Planning and Zoning Commission shall be revised as shown in Exhibit A, attached hereto and incorporated herein bythis reference, and thatthe Bylaws as shown in ExhibitA supersede previous adopted versions of the Bylaws. BE IT FURTHER RESOLVED that these revised Bylaws shall be kept on file with the City Clerk-Administrator and the Community Development Department, and shall be forwarded to the City Council for its information. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. F,«tE�t: r Adopted this 24th day of January 2007. /�� ,� �� % :: _._.e �\ � Gary Stevenso , Chairperson Ja�� James Ericson Community Development Director EXHIBIT A CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised Jan 24, 2007) AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7"The Commission shall adopt bylaws for its governance and for the transaction of its business." Where there is a conflict between the provisions of the Bylaws and the provisions of the City Charter and the Municipal Code, the provisions of the City Charter and the Municipal Code shall govern. (For purposes of simplicity, the Planning and Zoning Commission may hereinafter be referred to as the Planning Commission or the Commission.) II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT: A. ADOPTIONANDAMENDMENT: The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of inembers of the Planning and Zoning Commission appointed as voting members, and shall be placed on file with the City Clerk-Administrator and the Community Development Department. A copy of the bylaws shall be forwarded to the City Council for its information. Any amendments to the Bylaws shall be adopted by Resolution in the same manner as the original Bylaws. B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first regular meeting of the Commission in February. III. MEMBERSHIP AND VACANCIES. Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code, Sections 401.02 and 401.03. IV. OFFICERS A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a chairperson and vice-chairperson. The Commission may create and fill such other offices from its members, as it may determine, to transact Commission business. In addition, the Director of Community Development, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes. City of Mounds View Planning and Zoning Commission - Bylaws B. ELECTIONS; TERMS Page 2 1. Chairperson: At the first meeting in January, the Commission shall conduct an election in order to make its recommendation for the chairperson, following the procedure in Section IV.B.3. The name of the person recommended for chairperson shall be forwarded to the City Council for action at its next meeting in January. Based upon the recommendation of the Planning Commission, the Mayor, with the approval of the City Council, shall appoint the chairperson of the Commission each year. 2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at its first meeting in January, following the procedure in Section IV.B.3. 3. Election Procedure: For each office, the chairperson shall invite nominations from Planning Commission members. After nominations have been received, the chairperson shall entertain a motion to close nominations. If such motion is made and passed, and more than one nomination has been made, the chairperson shall distribute ballots to the Commission members and each member shall write his or her selection on the ballot. The recording secretary shall tally the ballots and announce the nominee receiving the most votes. In the event of a tie, the recording secretary shall announce the nominees tied in the voting and balloting shall be repeated until an election occurs. If only one nomination has been received, the chairperson may conduct the voting by voice vote. If a majority of the members present vote in the affirmative for the nominee, the nominee shall be elected. 4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at the first meeting in February of each year. 5. Term of Office: The chairperson and vice chairperson shall serve one year terms, and may be re-elected to additional terms in accordance with this Section IV.B. C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the Planning Commission, and shall have the authority to add or cancel regular meetings and to call special meetings as provided in Section VI. The Chair shall have the authority to redirect public comment unrelated to the Commission's business to the most appropriate City commission or to the City Council. The vice chairperson shall assume the duties of the chairperson, in the absence of the chairperson. In the event of the absence of both the chairperson and vice-chairperson, those members present shall elect a temporary chairperson to preside over the meeting. City of Mounds View Planning and Zoning Commission - Bylaws Page 3 V. COUNCIL LIAISON: The City Council may appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. VI. MEETINGS A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the Commission shall be adopted by Resolution at the first regular meeting in December for the following year. 1. Regular Meetings: Subject to the adopted meeting schedule, the Commission's regular meetings will occur on the first and third Wednesdays of each month for the purpose of convening public hearings, making recommendations to the City Council, conducting business which requires a vote of the Commission, convening as the Board ofAdjustment and Appeals, conducting long-range planning functions and other official business. 2. Agenda Sessions: An Agenda Session is an informal session of the Planning Commission, typically held immediatelyfollowing adjournment of a Regular or Special meeting, at which time the Planning Commission may review minutes, informally review proposed or pending planning cases or ordinance amendments, discuss previous actions of the City Council or other Commissions, and to perForm other matters not requiring a vote of the Commission. 3. Special Meetings: From time to time, special meetings may be called in order to process significant caseloads, to review works in progress such as comprehensive plan updates or municipal code revisions, or to undertake a retreat or strategic planning session, either amongst itself or in the company of the City Council or other commissions. Special meetings can be proposed by any Commission member or at the request of the Director of Community Development, yet must be approved by a majority vote of the Commission. 4. Emergency Special Meetings. Emergency special meetings can be called via written notice to the Director of Community Development by the Chairperson ortwo Commission members, or by the Director of Community Development. (Emergency special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The Director of Community Development shall post and mail a notice of any special meeting City of Mounds View Planning and Zoning Commission - Bylaws Page 4 in accordance with State Statutes. Planning Commission members shall be notified by telephone and in writing, if possible, at least seven days prior to a special meeting. 5. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or Community Development Director in the event that there are no items of business requiring the attention of the Commission, or for lack of a quorum, or in response to inclement weather or for any other good and sufficient reason. Members of the Commission shall be notified by telephone of any meeting cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS; ADJOURNMENT 1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission, the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director, or his or her designee, shall conduct the election. 2. Open Meeting Law: Meetings shall be conducted in accordance with the State of Minnesota Open Meeting Law (Minn. Statutes 471.705). 3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two- thirds majority of the members present agree to extend the time of adjournment. If there is no objection, the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. D. MINUTES: Minutes shall be recorded for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken bythe Planning Commission. Commission members may request copies of approved minutes after they have been corrected, if necessary, and signed as approved. Copies of the approved minutes shall be filed with the Community Development Department. Unapproved minutes shall be clearly marked "DRAFT"; approved minutes shall be marked "APPROVED". A policy statement regarding the content and format of the minutes shall be on file with the Director of Community Development which may be reviewed from time to time as needed. City of Mounds View Planning and Zoning Commission - Bylaws e5 VII. INFORMATIONAL PACKETS: Each Commissionershall receive a staff report, plans and additional information, as appropriate, for each item placed on the agenda for any regular or special meeting. The Commission packet should be delivered at least four days prior to the meeting. Each Commissioner is responsible for reviewing the material within the packet prior to the meeting. VIII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code, Section 401.07. IX. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the Community Development Director upon the member's resignation or termination of appointment. X. CONDUCT OF MEMBERS A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member absent from three consecutive reqularly scheduled meetinqs or more than six reqularlV scheduled '+ ,.�'' '^°° `"^^'n meetings per year without the consent of the ...� .�.._ ..._.. -- Commission shall be deemed to have vacated the office, and such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A leave of absence may be granted by the consent of the Commission. B. CONFLICT OF INTEREST: 1. General Standard: No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to the Commission shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in any discussion or action on the matter; alternatively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. l 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would substantially affect the Commissioner's financial interests or those of an associated business, unless the effect on the Commissioner is no greater than on other members of the Commissioner's business classification, profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission, the Commissioner shall disqualify himself or herself from taking part in any discussion or action on the matter. C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts include meetings with project proponents, residents, property owners, and citizens separate from Commission meetings, communication between Commission members outside the meeting forum, telephone calls or letters which attempt to influence a Commissioner's opinion on a matter which will be subject to the Commissioner's vote. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission (e.g. variances), Planning Commissioners shall indicate to the person contacting them that such contact is inappropriate and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. In all other cases, Planning Commissioners should discourage such contacts and should avoid expressing any opinion as to the merits of the case. W hen ex parte contacts occur, the Planning Commissioner is responsible for notifying the Community Development Director, and for conveying the substance of the communication at the next commission meeting at which the matter discussed is under consideratior��. ATTEST: Gary Stevenso�Chairperson James Ericson, Community Development Director Revision History: January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 860-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE "HEALTH AND BEAUTY" USES WHEREAS, the City Council has directed that a definition be added to the Zoning Code to define "Health and Beauty" uses; and, WHEREAS, City staff, working in consultation with the City Attorney, has prepared a definition to be added to Chapter 1102 of the Mounds View Zoning Code, to read as follows: "Health and BeautV Services: Services performed for the purpose of promoting and maintaining personal health and beauty, including hair salons, fingernail salons, nutrition and diet centers, meditation and yoga clinics, Spa Treatments (such as Facials, Body Wrap Treatments, and Chemical Peels) and Alternative Wellness services (including such activities as Aromatherapy, Acupuncture and Hypnosis) and the like, excluding therapeutic massage or other businesses otherwise defined or regulated by this Code." WHEREAS, amending the Zoning Code to incorporate such a definition will serve to clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1102 of the Mounds View Zoning Code by incorporating the definition for Health and Beauty uses as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7th day of M fch, 2007. �r f?� c �; � li-�z _ Gary Stevens ', airperson ATTEST: q � C ) �WVt.� �A-��4-��-----^ James Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 861-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION AND A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 2280 COUNTY ROAD I, PLANNING CASE NOS. M12007-001 AND CU2007-002 WHEREAS, Moundsview Fina, LTD., represented by Leon Theis and Thomas Manke, property owners of 2280 County Road I, have requested a Minor Subdivision and a Conditional Use Permit to allow a Motor Fuel Station; and, WHEREAS, the subject properties are legally described as follows: Lot 1, Block 4, Spring Lake Park Highlands, except the west 54 feet thereof, and also except the south 16 feet thereof, Ramsey County, Minnesota and, The West 54 feet of Lot 1, Block 4, Spring Lake Park Highlands, The South 16 feet of Lot 1, Block 4, Spring Lake Park Highlands, except the West 54 feet thereof, Lot 2, Block 4, Spring Lake Park Highlands, The East 30 feet of the North half of Lot 4, Block 4, Spring Lake Park Highlands, Ramsey County, Minnesota WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Aerial Map 4. Comprehensive Plan Future Land Use Map 5. Photographic Documentation 6. Certificate of Survey 7. Existing & Proposed Conditions Site Plans WHEREAS, the Planning Commission held a public meeting regarding this request on Wednesday, March 7, 2007; and, WHEREAS, according to Section 1125 of the Mounds View Zoning Code, the Planning Commission is to consider the possible adverse effects of the proposed minor subdivision and conditional use permit, and shall make a finding of fact related to its review of the requests. I`:esolution 8(i'I-07 I'ag+: `l. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings of fact regarding the minor subdivision and conditional use permit requests as required by the Mounds View Zoning Code: 1. A Certificate of Survey and Title Commitment have been submitted to the City, to be reviewed by the City Attorney prior to approval of the subdivision by the City Council. 2. The proposed subdivision and lot combination will increase the property size of 2280 County Road i from 9,562 square feet and lot dimensions of 134' x 71', to 24,395 square feet with lot dimensions of approximately 134' x 187', which would then exceed the minimum square foot and lot dimension requirements for a gas station. 3. The requests for a subdivision and conditional use permit should not negatively impact or depreciate the adjacent properties due to the use of the property not changing. 4. The Property currently has 17 parking spaces shown on the proposed conditions site plan. The site plan should be updated to show a total of 18 parking spaces as required for The Station. 5. The applicant has demonstrated a need for the minor subdivision and conditional use permit, in order to bring the property into full compliance with the City Code. 6. There do not appear to be any adverse effects associated with the proposed minor subdivision and conditional use permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View Planning Commission recommends approval of the minor subdivision of 2280 County Road I, subject to the following conditions: 1. The applicant shall arrange to have the deeds prepared and recorded with Ramsey County within 60 days of City Council approval, or this approval shall be considered null and void. Extensions may be granted at the discretion of the City in the case of extraordinary unanticipated delays out of the applicanYs control. Proof of recordation shall be provided to the City of Mounds View within 10 days of recordation. 2. The applicant shall execute new drainage and utility easement documents over Parcels A and B. Resolution 861-07 Page 3 NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings of fact, the Mounds View Planning Commission recommends approval of the conditional use permit for the motor fuel station, subject to the following condition: Successful recording of subdivision documents with Ramsey County. The conditional use permit shall be considered null and void if not acted on within one year. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Attest: (Seal) l Adopted this 4th day of April, 2007. ,� ;, -- L` v °.� _ . ��:, °— , % � ��l :! � �� Gary�n o , Chairperson �. . James Ericson, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 862-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A PRELIMINARY PLAT FOR THE SUBDIVISION OF 8360 LONG LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MA2007-001 WHEREAS, Charlene Moschkau has requested approval of a preliminary plat for the major subdivision of 8360 Long Lake Road, legally-described as follows: Lot 1, Block 1, Charles Hermann Addition WHEREAS, The above-described land is zoned R-1, Single-Family Residential and is designated as Single-Family Detached on the Comprehensive Plan; and, WHEREAS, Charlene Moschkau has submitted a Preliminary Plat for the major subdivision which creates 3 buildable lots; and, WHEREAS, the community development and public works staff have reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of 2/3 of the assessed value of the land area, which been determined to be $10,640.00; and, WHEREAS, the proposed subdivision is not within a designated wetland area; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Planning Application 3. Preliminary Plat 4. Zoning Map 5. Aerial View 6. Site Plan Resolution 862-��7 Pa�e 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Preliminary Plat submitted by Charlene Moschkau subject to the following conditions: 1. The applicant shall arrange to have an acceptable Title Commitment provided to the City Attorney for review prior to the final approval of the subdivision by the City Council. 2. The applicant shall pay a park dedication fee in the recommended amount of $10,640. 3. The applicant shall take all steps to save any trees possible during the construction and shall make arrangements to have a minimum of two trees in each front yard upon project completion and sod all yard areas. 4. The applicant shall obtain permits, if required, from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 5. All utilities within the development area and to the individual home sites shall be located underground. 6. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. BE �T FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 215� day of March, 2007. � �/ /, ___ _ � ,: ' ; Gary S�n, Chairperson ATTEST: �C�1�1,e� G��^- James Ericson Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 863-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE "NEIGHBORHOOD MOTOR FUEL STATION" AND CHAPTER 1113 TO ADD A NEIGHBORHOOD MOTOR FUEL STATION AS A CONDITIONAL USE IN A B-2 ZONING DISTRICT WHEREAS, the Planning Commission has recommended that a definition be added to the Zoning Code to define the use of "Neighborhood Motor Fuel Station", and to allow a Neighborhood Motor Fuel Station as a conditional use in a B-2 zoning district, WHEREAS, City staff, working in consultation with the City Attorney, has prepared a definition to be added to Chapter 1102 of the Mounds View Zoning Code, to read as follows: "NEIGHBORHOOD MOTOR FUEL STATION: A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or greases, for operation of automobiles, are retailed directly to the public on premises with a small number of fuel dispensing pumps." WHEREAS, amending the Zoning Code to incorporate such a definition will serve to distinguish the zoning requirements for motor fuel stations; and, WHEREAS, the Mounds View Planning Commission recommends the following conditional use be added to Chapter 1113 of the Mounds View Zoning Code to read as follows: See Attachment A WHEREAS, the Mounds View Planning Commission concurs that these amendments to the City Code are warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1102 of the Mounds View Zoning Code by incorporating the definition for a Neighborhood Motor Fuel Station as defined herein. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1113 of the Mounds View Zoning Code to incorporate a Neighborhood Motor Fuel Station as a conditional use. Resolution 3G3-07 Page 2 BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. ATTEST: (SEAL) \ Adopted this 4�h day of April, 2007. �/� ;i ���iw'-'�L� Gary S�t`evenson, Chairperson James Ericson, Community Development Director Rasolutian E363-07 Page 3 ATTACHMENT A Chapter 1113.04: Conditional Uses: Subd. 8. Neighborhood Motor Fuel Station; provided, that: a. Regardless of whether the dispensuig, sales or offering for sale of motor fiiels and/or oil is incidental to the conduct of the use or business, the standards and requu�ements imposed by tlus Title for motor fuel stations shall apply. These standards and requirements are, however, ui addition to otlier requirements which are imposed for other uses of the property. b. There shall be a inaxnnum of fotu- motor fuel dispensing pumps on the site. c. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall nof be so dissimilar to the existing buildings or area as to cause impairment in property values or constilute a blighting influence wittun a reasonable distance of the lot. e. The entu�e site, other than that taken up by a building, struchire or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. £ A minimtun lot area of twenty two thousand five himdred (22,500) square feet and minimiun lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage systein, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewallc from motor vehicle service areas. i The lighting shall Ue accomplished in such a way as to have no direct source of ]ight visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(1) through (5) of this Title. 1. Each light standard island and all islands in the parlting lot shall be landscaped or covered. ftesolutian 363-(77 Page 4 m. Parking or car magazine storage space shall be screened froin view of abutting residenYial districts in compliance with subdivisions ll 03.08(1) tlu�ough (5) of this Title. n. Velvcular access points shall create a minimuin of conflict with through traffic movement, shall comply with Chapter ll 21 of tlus TiCle and shall be subject to the approval of the Directar of Public Works/City Engineer. o. All signing and 'uifonnational or visual communicarion devices shall be minimized and shall be in compliance with the Mounds View Sign Code�. p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a forma] request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of suUdivision 1125.01(1)e of this Title are considered and satisfactorily met. � See Chapter 1008 of this Code. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 864-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A BILLBOARD ON OUTLOT A, SYSCO SECOND ADDITION; PLANNING CASE IU2007-001 WHEREAS, Clear Channel Outdoor has requested approval of an Interim Use Permit (IUP) to erect a billboard abutting US Highway 10 on Outlot A, Sysco Second Addition, between Sysco and Medtronic; and, WHEREAS, the Outlot A site is zoned Light Industrial (LI) and is legally described as follows: OUTLOT A, SYSCO SECOND ADDITION RAMSEY COUNTY, MINNESOTA WHEREAS, The City of Mounds View has adopted Ordinance 769 which amended the City Code to permit billboards as an interim use on properties adjacent to and visible from US Highway 10; and, WHEREAS, Clear Channel Outdoor has executed a lease agreement with the City of Mounds View to erect and maintain a billboard on the above-described property; and, WHEREAS, the Mounds View City Code requires that requires that any billboard Interim Use Permit (IUP) application be reviewed and considered in accordance with Section 1125.01, Subdivision 3. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact relating to the Clear Channel Outdoor application for an Interim Use Permit (IUP) for a billboard on Outlot A, Sysco Second Addition: 1. The Installation of a billboard on Outlot A would not create an excessive burden on existing parks, schools, streets and other public facilities and utilities that serve or are proposed to serve the area. 2. The billboard at the proposed location would not be readily visible from nearby residentially zoned properties and would not have a detrimental effect on the development of vacant land in the area. 3. The structure and site will not have an appearance that would adversely effect adjacent residential properties in that there are no residential properties adjacent to Outlot A. 4. The requested IUP is reasonably related to the requirement placed upon the Applicant to relocate four of six biliboards from the former golf course property. Resolution 864-07 Page 2 5. The use is consistent with the recently adopted amendments to the Sign Code Chapter 1008 as effectuated by Ordinance 769. 6. The proposed billboard would not be in conflict with the Comprehensive Plan of the City in that the Comprehensive Plan does not address billboards. 7. The proposed billboard would not cause traffic hazards or congestion. 8. Adequate utilities, access, drainage and other necessary facilities are available to the proposed billboard from the Sysco development. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the Comprehensive Plan, the geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use, has determined that the potential adverse effects of the proposed billboard would be negligible. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings of fact, the Mounds View Planning Commission does hereby recommend approval of the requested Interim Use Permit for a billboard to be erected on Outlot A consistent with the Zoning Code and Ordinance 769, in accordance with the executed lease agreement, and subject to the following conditions: 1. The Applicant shall submit a grading plan and a survey illustrating the location of the sign, the location of the access traii, utilities and limits of tree removal. 2. The Applicant shall apply for a wetland alteration permit and RCWD Permit, if necessary. The Applicant shall have completed the construction of the billboard by April 1, 2008 or the Interim Use Permit shall be considered null and void, unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. Such extension shall be requested in writing and filed with the City Clerk-Administrator at least thirty (30) days before the expiration of the original variance or appeal. NOW THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to the approval of the minutes. �;. Adopted this 4th day of April, 2006. —, --__, �� �. �L9,� _ . �z �) %� Z-� Gary Stevenson, Chairperson ATTEST James Ericson Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION 865-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW FOR AN ADDITIONAL 11,000 SQUARE FOOT BUILDING AT 2299 COUNTY ROAD H; MOUNDS VIEW PLANNING CASE DE2007-002 WHEREAS, Central Sandblasting, located at 2299 County Road H, plans to construct an additional 11,000 square foot single story building on their property; and, WHEREAS, the lot in question is zoned I-1, Industrial; and, WHEREAS, the subject parcel is legally described as: Herbst Enterprises subject to easements, Lot 3, Block 1, Ramsey County, Minnesota, WHEREAS, Chapter 1006 of the Mounds View City Code requires all new commercial development to be reviewed by the Planning Commission for consistency with all codes, regulations and requirements; and, WHEREAS, the Planning Commission has reviewed the following documents relative to this request: 1. Staff Report 2. Planning Application 3. Zoning Map 4. Site Plans 5. Aerial View 6. Photographic Documentation NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission has reviewed the request for a new 11,000 square foot building for Central Sandblasting and recommends approval subject to the following conditions: 1. The applicant shall install asphalt and sod, and landscape all disturbed areas and replace trees at a 1:1 ratio no later than 60 days beyond issuance of the Certificate of Occupancy, weather permitting. IZesoiutian �65-07 Page 2 2. The applicant shall submit an acceptable grading and drainage plan to the City prior to building permits being issued. 3. The applicant shall obtain a permit from Rice Creek Watershed District. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 18�h day of April, 2007. ?� � /,' _ ,-,-- ;: .� � �', � �-,j i �: � `-� , Gary Stev�n�on, Chairperson �''-' ATTEST: � ,_ ; James Ericson Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 866-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 1100, CHAPTERS 1105, 1121 AND 1124 OF THE MOUNDS VIEW ZONING CODE BY CORRECTING LANGUAGE PERTAINING TO THE FORMER PF ZONING DISTRICT WHEREAS, in October of 2003, the City Council adopted Ordinance 720, an ordinance amending the Mounds View Zoning Code to eliminate the PF (Public Facilities) Zoning District; and, WHEREAS, subsequent to the adoption of Ordinance 720, the City has become aware of additional "housekeeping" changes necessary to correct for remnant PF references in the Zoning Code and an inconsistency relating to telecommunication facilities on City-owned parklands; and, WHEREAS, City staff, working in consultation with the City Attorney, has prepared an ordinance (attached as Exhibit A) to eliminate the remaining reterences to the PF zoning district and correct the inconsistency relating to telecommunications facilities on City-owned parklands; and, WHEREAS, the Mounds View Planning Commission concurs that these amendments to the Zoning Code are warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Title 1100, Chapters 1105, 1121 and 1124 of the Mounds View Zoning Code as evidenced in Exhibit A. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6�h day of June, 2007. __, -li�- - Gary Stev�r5son, Chairperson ATTEST: \ �` `�-J i,'w�� � -F?.W> t� a.___� James Ericson Community Development Director (S'cA�) Exhibit A ORDINANCE N0. 793 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1100, CHAPTERS 1105, 1121 and 1124 OF THE MOUNDS VIEW CITY CODE BY CORRECTING LANGUAGE PERTAINING TO THE FORMER PF ZONING DISTRICT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1105 of the Mounds View Zoning Code pertaining to "Zoning Districts and Maps" by deleting the ��! language and adding the underlined text as follows: 1105.01: DISTRICTS ESTABLISHED: Subd. 1. Establishment of Districts: The following zoning classifications are hereby established within the City: d. Special Districts: CRP, Conservancy, Recreation and Preservation District P-F; �t�k�Eis-kaeil+ties-�is#rist PS, Pawn Shop Overlay District PUD, Planned Unit Development District (1988 Code §40.09) SECTION 2. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1121 of the Mounds View Zoning Code pertaining to "Off Street Parking Requirements" by deleting the language and adding the underlined text as follows: 1121.09: STALL, AISLE AND DRIVEWAY DESIGN: Subd. 5. Curb Cuts and Driveway Openings: a. Parking Space Size: Each parking space shall not be less than nine feet (9') wide and eighteen feet (18') in length exclusive of access aisles, and each space shall be served adequately by access aisles. Spaces designed as curbside parallel parking shall be twenty-two feet (22') in length. b. Curb Cut Widths. Widths of curb cuts shall be as follows, subject to requirements of Subdivision 5e hereof: Ordinance 793 Page 2 Type of Land Use Maximum Width of Curb Cut Public Parks & Preservation Areas �€- R-1, CRP 32 Feet SECTION 3. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1124 of the Mounds View Zoning Code pertaining to "Wireless Telecommunication Facilities" by deleting the language and adding the underlined text as follows: 1124.03: ALLOWANCE FOR TOWERS AND ANTENNAE BY ZONING DISTRICT: Subd. 2. Conditional Uses, Specific Districts: Wireless telecommunication towers and antennae shall be allowed with the approval of a conditional use permit in the zoning districts specified in the table below and in accordance with the co-location requirements stated in Section 1124.04, siting requirements and design criteria stated in Section 1124.05, and the procedural requirements stated in Section 1124.06. The procedure for review and action on conditional use permits shall be as stated in Section 1125.01. Conditional use permits are not required fortowers and/or antennae used by the City for City purposes or public agencies for public safety purposes; orfor repair, adjustment or replacement of the elements of a wireless telecommunication antenna array affixed to a tower, if the repair, replacement or adjustment does not reduce acceptable safety standards. The height limitations listed in the following table shall include all parts of the wireless telecommunication tower and antenna structure except for that space needed for lightening diffusion apparata. (Ord. 588, 2-10-97) Zoning Districts Height Limitations With Co-location CRP and t?r 100 feet, allowed only if incorporated into new or 120 Feet 2 Citv-owned parkland existing facilities or structures, such as using the zoned R-1 tower as a light standard for ball fields or parking areas, or into mature tree stands that provide a suitable screen for at least half the height of the tower. Co-locapon height bonus subject to applicant providing to the City proof of a signed lease airangement, shared use agreement, or other like document. 1124.05: SITING AND DESIGN REQUIREMENTS: The requirements of this section apply to all wireless telecommunications towers and antennae erected, constructed, placed, or replaced in the City. All wireless telecommunication towers and antennae shall be designed and situated to be visually unobtrusive to minimize the impact upon the neighboring uses and shall conform to the following design and siting criteria: (Ord. 588, 2-10-97) Ordinance 793 Page 3 Subd. 4. Landscaping and Screening: The wireless telecommunication tower and/or accessory equipment building shali be landscaped and screened with a mixture of six- foot (6') tall evergreens and one and one-half inch (1'/z") caliper ornamental deciduous trees at a ratio of four (4) evergreens per every one (1) deciduous tree, spaced no less than eight (8) feet apart on center so as to achieve at least a fifty percent (50%) opaque screen. Trees may be ciustered to create a more natural appearance to the screening. In addition to these landscape requirements, wireless telecommunication towers and/or accessory equipment buildings located on Citv-owned parkland or in the Pf -aFicJ CRP zoning districts shall include a mix of shrubbery and/or flowering perennials in order to enhance and complement the natural features and environmental value of the City's parks and recreation areas. The landscaping plan shall be reviewed by the City Forester and approved by the City Council as part of a conditional use permit (CUP) or by the Director of Community Development, if the wireless telecommunication tower or antennae is allowed as a permitted use. The City Council or Director of Community Development, as applicable, may waive the landscaping and/or screening requirements upon request of the applicant if the existing landscaping and screening is deemed sufficient. (Ord. 588, 2-10-97) Subd. 10. Lights: No wireless telecommunication tower or antenna shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, day-time strobes or steady night time light or other illumination devices, except as required by the Federal Aviation Agency, the Federal Communications Commission or the City. This restriction against lights shall not apply to towers which have been combined with light standards for illumination of ball fields, parking lots, playgrounds, or other similar public uses, as provided in Section 1124.03, subdivision 2 for ti��-P-� a�l Citv owned parkland and CRP districts. (Ord. 588, 2-10-97) SECTION 4. This ordinance shali take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the City Council of the City of Mounds View this day of , 2007. Second Reading and Adoption by the City Council of the City of Mounds View this day of , 2007. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator (seal) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 867-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A SEASONAL PRODUCE STAND AT 2200 COUNTY ROAD 10; PLANNING CASE NO CU2007-003 WHEREAS, Craig Gilb with Merryville Farms, has applied for a conditional use permit to operate a seasonal produce stand in the parking lot of the Mermaid; and, WHEREAS, the subject property, located at 2200 County Road 10, is zoned PUD, Planned Unit Development, and is legally described as follows: Common Interest Community No. 598 Mermaid Hotel & Entertainment that part of Unit 1 in TIF WHEREAS, the Mounds View Zoning Code conditionally allows open and outdoor sales in B-3 and higher zoning districts; and, WHEREAS, the proposed produce stand would operate from approximately June 20th to September 3`d each year; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Site Plan c. Zoning Map d. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed outdoor produce stand meets the requirements as outlined in Chapters 1115 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the outdoor sales type of use is consistent with the Community Commercial and Regional Commercial land use designations for this area. 3. The proposed produce stand would not be out of place given the commercial and industrial character of the surrounding area involved. Resolution 867-07 Page Z 4. The proposed produce stand would not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the seasonal produce stand, with conditions as follows: 1. The produce stand shall be allowed to operate from approximately June 20th to September 3`d of each year. 2. The hours of operation of the stand shall not exceed 8:OOam to 9:OOpm. 3. Signage shall be allowed only as affixed to the gazebo base and/or roof. 4. Lighting for the use shall be supplied by existing parking lot standards. 5. The applicant shall provide the following on an annual basis to the City of Mounds View Community Development Director: a. Letter of permission from property owner. b. Drawing of site plan. c. Narrative description of the proposal. 6. This Conditional Use Permit may be reviewed bythe Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such a review, in the estimation of the Community Development Director or the City Council. NOW THEREFORE, BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. NOW THEREFORE, BE IT FINALLY RESOLVED tnat the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of June 200� ATTEST: (SEAL) aJ l�v�nJ �(��'v1-���� Jim Ericson, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 868-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF AN INTERIM USE PERMIT (IUP) AND A VARIANCE FOR A BILLBOARD TO BE LOCATED AT 5201 PROGRAM AVENUE, PLANNING CASES IU2006-002 AND VR2006-005 WHEREAS, Clear Channel Outdoor requested approval of an Interim Use Permit and Variance to locate a billboard at 5201 Program Avenue, the site of Building "A" within the Mounds View Business Park; and, WHEREAS, the Planning Commission approved the Variance request on July 5, 2006 (Resolution 846-06), and the City Council approved the IUP request on July 10, 2006 (Resolution 6876); and, WHEREAS, both resolutions of approval articulate a deadline of July 4, 2007, by which the billboard is to be constructed or the IUP and Variance approvals are to be considered null and void; and, WHEREAS, the resolutions provide for an extension mechanism which Clear Channel is presently exercising. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission, based upon its review of the supporting documentation submitted by Clear Channel Outdoor, does hereby grant an extension for the Interim Use Permit and Variance approvals from July 4, 2007 to September 30, 2007. NOW THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to the approval of the minutes. Adopted this 20th day of June, 2007. /�/� cc� G�v Gary Steven n, Chairperson ATTEST -� C1 n �izJ� �� 1�-����J��� James Ericson Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 869-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF CHANGES TO THE HOUSING REPLACEMENT PROGRAM GUIDELINES AND BUILDING STANDARDS WHEREAS, this City of Mounds View created the Housing Replacement Program (HRP) in 1995 in an effort to eliminate blight and enhance the housing stock; and, WHEREAS, the Economic Deveiopment Authority (EDA) requested that the Planning Commission review the HRP guidelines and building standards and recommend funding and selection criteria modifications; and, WHEREAS, the Planning Commission reviewed the HRP guidelines and building standards on May 2, June 6, and June 20 and have prepared changes to the guidelines and standards as directed. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission, based upon its review of the Housing Replacement Program guidelines and building standards, recommend approval of the revisions attached as Exhibit A NOW THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to the approval of the minutes. � Adopted this 20th day of June, 2007. � ----.. '�/- vL �2`"'�� � Gary Steven on, Chairperson � ATTEST {SEAL) J a��-�� 4;:,����� �J James Ericson Community Development Director c.�9�a'�?� e-!;y' �i2UfialL`��i� p j'r i' J; •p III�'�.������ e� °F'���� . v.������n�` A. Statement of Purpose �, � n r i°H� !S'( /` City of Mounds View Housing Replacement Program (Revised June 2007) The Mounds View Economic Development Authority Housing Replacement Program ("Program") is established to reduce �4�e�;ec-i;rl—e«4ie r,f blight, improve residential neighborhoods and increase the tax base. B. Pro¢ram Obiectives Replaee deteriorating �i?�ia��kr4He substand�rd housing on scattered sites throughout the City with larger, higher value housing designed for owner-occupied families. Eliminate the blighting influence of substandard housing. Increase the availability for quality housing for families. C. Program Fundin� The Program is funded through Tax Licrement Financing and administered by the Mounds View Economic Developmeiit Authority (the "EDA"). D. Data PrivacV All files and information, which identifies properry and persons, is private and camiot be released. All information secured tluough the Program is subject to the Data Privacy Act. E. Program Options The Program offers two options for participation. Oprion 1- Demolition Assistance: 'fhe primarv component of the Proarxm involves providinE financial assistance ro cover the cost of demolisl�inE substandard or bli�hted propertv with an aereement that it will be replaced within a specified time frame with a new home that meets certain minimum design standards and area requirements as articulated in Attachment A, Minimum Standards and Requirements. T,�-�:o:: i+i'�<t91�rt,. .�.,. �..t _,.F.. .t,��,...,�,....t ,.:..,.i„ e.....:i, i .......... .....� i.,.,�ni .,, n,. � ri n-ri.. cn n+.. ,.,.,.i I`'r�6)-H{�t1� . N,e ........o. . F,... ,...I.. F,... t6,� ..e.l,�.,,,1,...... �., ,.F. .�.., ..�,....1.....1 6,. ..:.,,. Option 2- Acquisition: This secondarv oation involves the purchase of a substandard sin2le-family home and land bv the CDA from a willine seller. The EDA will coordinate the site clearance activitv and market the site to a developer/owner with an aQreement that a new home would be constructed within a specified time frame that meets certain minimum desien standards and area requirements as articulated in Attachment A, Minimum Standards and Requirements. :�'•� ��°. ,i.� .. .. i.,..., ., .ti..�a;;�._,� , ,.ie ..,.,,:i., ti.. ,. � i,.^..� Ci[y of Mounds View Housin� Replacement ProQram �3�i1-1-1�c—�tN��el-��-i{13�;karte-4�trrl-�iet+sia��z+�t�F+Hg-eerta��„��� ,; ,,�,-a„m-�-.na r..ie hra+ne- F. Publicizin� the P�roQram; Malcing Application EDA sYaff, or their appointees ("Prog�am StafP'), will solieit participants by direct mail, advertisement, or other method. The number of applieations accepCed for participation iv the Program will be determined Uy the availabiliry of personnel and financial resources. 2. Participation in the Program +riri����� c�+i-e is voluntaiy I�e�s��. InYerested participants mList be able to fiunish proof of owneiship of or interest in the properry, and are reqLiired to submit a letter o( application +e :�����nc4 to the EDA �!i�=t6�H�i��+ri+rw+�iH+wL�=�i�N� a-I�;t+er indicating: a. �r. For Option i?(Funding for Demolition): (1) An interest in obtaining funding for demolirion from the EDA to replace exisring housing with new s�d�H-�l housing that meets the 3-:iceain�=—L�}fr espressed minimum guidelines of Uie L:DA. (2) Consent W'rElirige�,: to hold the EDA harmless for demolition acrivities. (3) Consent �iaait���ries4 to enter into a legal developmenY agreement with the EDA regarding redevelopment of the property. (4) AbilitV to produce proof of cunstruction tinancing. b. a.- For Option 2-I :(Sale of Properry to EDA): (1) An interest in selling their property to the EDA. (2) A willingness Yo waive relocation benefits. (3) Statement aftirmiug th�t the property is either c�c:�nt ur owner-occupied e�fi� Ee�xtH�-i�uzr�=si-irr�kk r3rr�}�eri�� at the time of offer. (4) Consent to the release of relevant infoimation to potential developers and end buyers. 3. Individuals who have ezpressed i+��Ei��ted an interest in participating will :(jzi�! be contacted by Program Staff to inform them of the estimated project time line and to obtain complete infoi7nation on the items noted under F.2. above. G. PropertV EliEibility Criteria Program Staff will aEx+l� evaluate each properry for which an application is received to determine Proeram +�s eligibility 1i�r-ta�e-I?ro��Fa+r� based on the criteria in this section. Program Staff will s#a�4 prepare property fact sheets for each properry for which an application has been received r}�a=Herrlxi�c�,�>r�ti.:eElznr+r�tcres�irr�>a�tieir��i+i±�-iirbNe-Fhza��t+ri-and will sFxt1} conduct an interior and ezterior eI+N�E Ei3- inspection of r.ich propertv. Properties will be evaluated based on the criteiia outlined below. To be eligible for participation, the house must be previously identified by the EDA as a potential acqLiisition (Option #2 'TE only) and the properry must have one of the characteristics noted in 1, 2, 3, 4 or 5 below: 1. Substandard as to condition, code comuliance i>i=e�i:�=���c«}iae, size or usage. 2. Obsolete and having a faulty design for block and area in which it is located. 3. DeYerioration which has caused blight to other adjoining properties. Page 2 City of Mounds View Housing Replacement Program 4. Deh�imental to the safety or l�ealth of abutting properties in the block. 5. Foreclosed upon or notice of foreclosm•e has been served on occupant. If it is detei�nined that the properry is eligible for participation based on the condition of the house as expressed in characteristics 1-5 above, it must also meet the following criteria as outlined in 6 �-8 below. �. :\-�,eegra�ilti�=riii-�et't�{-e��crHes-i, :ielric-�-ccl.- 6. The site can be developed with a single family home within city code requirements, including zoning and confonnance witb the Comprehensive Plan. =C��� ��it�He�i�j,� be eFNa�i�elaicd ii-a-���3i i,�nee-�aia !�c :�I,�t���necl�-ti�� ��cHeFi-1-.=.)- 7. The property must be owner-occupied or vacant before the owner or owner's desiLnee makes application to the Program. Non-homesteaded vacant property will be considered for demulition assistancc or acquisition. Tenant-occupied properties will not be considered for participatiou Niii-el�is�����-i�eai+r-t�r-Ek�rr�l+tiei��iy-+L�e I�{-lr�+�{iz� tzs�;� {>v-r'a4:=lrtir.;�;. 8. Prior to approval by the EDA for participation in the Program, properties over 50 years old must be evaluaYed for historical significance. This will be accomplished by forwarding general property infoimation and a propeiCy photo to the Minnesota Historical Society for review. The EDA will not enYer into a purchase agreement or award fimding for demolition uf un a property which qualifies for the National Regishy of Historical Shnchtres. H. Proeram Priorities Ifmore than one application for,ia�i+itFtieirer deinolition funding m• acquisition has been received duiing a given month, the Program Staff shall rank the applications to deteimine the best candidates for Program participation based on the infoi�nation and m�iteria noted below and in the follo�vint order: 1. Propei�Cies thaC can meet EDA established guidelines and time frame wil] be considered first. 2. Properties considered the most substaudard �� iElrti�c-{iria=e=.t-izrlErc�++�El-Naet�+t�-is+l�{z eeFr,Ei�tieias will be considered first. 3. Requests submitted b�� D7ow�ds View residents will be considered fi�st. 4. Applicants whu have e�n�'�ssed a fundin� "need" shall be cm�sidered first over applicants with little to no "neecP'. 5. �- Properties should be equally distributed by location and value tlu�oughout the City when possible, and provide a viable financial mix of properties to support Progam financial requirements. 1. Ontion 1: Fundin� of Demolition: Page 3 City of Mounds View HousinE Replacement Program ]. Bli¢ht Qualification: Properties bein� considered for demolition fundinQ must meet bliEht qualifications as outlined in Section G. Applicants sl�all demonstrate proof of construction Snancine in a form acceptable to the City. 2. Need for Variances: If a variance is required to redevelop the property, the homeowner must obtain the variance prior to the approval of demolition funds. If a variance is not aranted, demolition funds shall not be awarded. 3. Comprehensive Plan/Zonine: The Comprehensive Plan designation and the zoninQ on the propertv must allow for its redevelopment as a sinQle-familv residence. 4. Development A2reement: The applicant must enter into a Demolition and Redevelopment Aareement with the EDA which will stipulate housina desi�n and site development features consistent with the Euidelines attached in Exhibit A(Housin� Desian and Site Criteria) and identifv the time frame for completion. The development a¢reement will include an estimate of the minimum value of the home to be constructed. 5. Demolition Cmrtract: The applicant must obtain three estimates for demolition from qualified demolition contractors which will assist in determinina the amount of demolition funds to award for the proiect. The total amount of assistance provided shall not exceed the lowest responsible estimate received not to exceed $10,000. The selected demolition contrvctor must be able to meet project deadlines as outlined bV Ciry Staff. The demolition contractor will be required to ubtain all necessarv Citv permits, pav applicable fees and provide for appropriate handline and abatement of anV hazardous materials encountered. Overall demolition supervision will be provided bV a designated Pro2ram Staff in coniunction with the interested participant. 6. Fundin2 Mechanism: The assistance will be provided to the applicant upon conclusion of the demolition activitV and satisfactorv final inspection of the demolition permit, in the form of a five Vear forgivable interest-free loan, with a 20% incremental reduction in principal upon each successive Vear the participant lives in the new home, with complete foreiveness nfter the fifth vear in the home. The annual reduction in principal is tied to the date of completion/owner-occupancv of the new home and �rot to tl�e loan closing. If the participant sells or rents the home to a third partv prior to the fifth vear, the followina loan repavment schedule shall applv: If the home is sold bef'ore the The amount to be repaid unon closine shall be End of the first year, 100% of the loan amount End of the second year, 80% of the loan amuunt End of the third year, 60% of the loan amount End of the fourth year, 40"/0 of the loan amount End of the fifth year, 20% of the loan amount The loan shall be administered bv the Housina Resource Center, NorthMeYro Ofece, a division of the Greater Metropolitan Housine Corporation (GMHC). The Housin� Resource Center m� GMHC shall prepare lien release and satisfactiun ducuments as Page 4 CiTy of Mounds View Housin� Replacement ProQram needed. J. 1- Opfion E 2: Acauisition of Propertv bv EDA 1. Blight Qualification: Once an offering letter is received fi•om the interested pardcipant, Program Staff will ,I��ikl an�ange, by appointment, an inspection of the interior of the home to establish blight qualifiearion as outlined in Section G. �#ae-taiNe�r�� ^„--�.�:�iecrwiN-�I:��.° etiEa+ricc: c�e+r' �•r�,�;��T [n addition, ProQram Staff will make a determination as tu the uotential presence of hazardous materials on the property and will obtain a. n,.,,.,.i:r,,.., :..r,......,.�:,... �;....,..�:.,...�'..,. ,�.,...,,r.�:,.., ...,,r� ,� ti ,a,t,,. � :A�lefer'e�at-i.;� ^�T�ci�t��zrey-1�c1ot+5-i��t�ia�.,n;�; tl�e i�t���* +HC 4ttd�� {-H--�� istwtl-r+»rx�Her� (?�a statement from the interested participant regarding any knowledge of the property's use for production, storage, deposit, or disposal of any toxic or hazardous wastes or substances or asbestos products whatsoever, during the time the interested participanY owned the property and prior to the date of interested participant purchased property. Properties with recuanized enviromnental conditions em-irurri���rnel r�n�4��Ecrne or hazards may be considered if the pwrohase price is reduced sufficiently to cover increased site clearance and preparation costs. lf a properry satisfies ��acc�s the blighY cmiditions as outlined herein {e,l-, acquisition procedures can continue. If the blight test cannot be met, the interested participant will be notified in writing indicating the reasons why tl�e properry eannot be considered for acquisition. 2. Need for Variances: If a variance is required to redevelop the property, the EDA may, at its sole discretion, choose not to acquire the property. This determination will be made based on the project time lines, available resom�ces, and availability of other properties whieh do not require a variance. If the EDA chooses to pursue a variance to enable the acquisition of the property, an application shall be filed following the usual procedLU�es. If a vai7ance is not approved, the property cannot be considered for acquisition. 3. Appraisal: Deteimining Purchase Price: If the EDA chooses to continue with the acquisition, a fee appraisal shall be ordered at the EDA's expense and the result shall be used in determining the amount of the purchase price to offer to the interested participant. The independent fee appraiser shall be carefully insh�ucted to document in specific tei7ns the conditions of the property including details regarding structural condition and floor plan. The acceptance of these conditions in the market place sl�ould be discussed in the report. The appraise�'s value jLidgment sho�ild reflect these conditions. A negotiated price considerably below the assessor's market value may be accepted without an appraisal on a case by case basis if the interested parCicipant concurs. 4. Purchase Agreement: Closing Procedures Page 5 City of Mounds View HousinQ Replacement ProSl•am a. When both parties have verbally agreed upon a purchase price, Program Staff and Legal Counsel shall prepare a Purchase Agreement to be presented to the interested participant. The purchase price contained in the Purchase Agreement shall be within the range authorized by the EDA. The purchase agreement shall be contingent on the completion of an environmenta] evaluation suggesting no evidence of hazardous waste on the property. The interested pazticipant shall receive a copy of the purchase agreement including the following information: (1) The purchase price (2) How the purchase price was determined (3) The amounY of earnest money (4) A date to sign the Purchase Agreement (5) A closing date b. To enable the acquisition process to continue, the interested participant must execute the purchase agreement and a"waiver of relocation benefits" fonn. The waiver of relocation must be clearly explained bv Citv staff to the interested participant at this time, if not explained previously. a The EDA Executive Director and President shall be signatories on the purchase agreement. d. The acquisition and disposition of the property must be in conformance with the Mounds View Comprehensive Plan. e. Following EDA authoiization of these agreeinents, interested participants and/or Program Staff will be requested to assemble and supply all required documentation prior to closing as outlined below. (1) "CiHe documenCation acceatable tu Citv staff a+r-A�l�;ti��+-I�I'-.���,; e�Nry}+ee{�4e3 must be furnished to the Prog•am Staff to facilitate the rendeiing of a title opinion. The interested participant will bear the cost of updating the Abstract or RPA as part of the closing procedures. (2) EDA Legal Counsel shall review the submitted title documeutatiuu �+II-1��-rc��c�N;+l-�lc--:�.�'.;�tFw-t4ie-r1k�:�r�•t��-F�{?A-try�t4a{i�! and will provide Program Staff and interested participant with a written opinion of title. EDA Legal Counsel will also secure title insurance. (3) If the title opinion indicates the property has marketable title, purchase procedures ma�• ikiaE continue. If the title opinion does not indieate marketable title, the EDA, at its sole discretion, may choose not to acquire the property. The EDA may deteilnine remedies and evaluate their resolnrion, ineluding the additional time and expense to provide marketable title. It shall be the seller's respunsibilitv "[�c-�f-N�+��a� Page 6 City of Mounds View Housing ReUlacement Program �r.�r�eel to coirect tide deficiencies to effectuate the sale sen�+N�iit FNe �+�4r�r:e of the property dependant upon the additional time and expense incuired. (4) Simultaneously with the title opinion, an environmental evaluation will i��-v be obtained from an independent environmental engineering firm or other iii7n perfoiming such seivice. If environmental hazards are found on the site, the EDA may choose not to acquire the property. £ The seller must be prepared to vacate the property on the day of closing unless other arrangements have been made with Program Staff. g. If the interested participant decides not to sell the properry after execution of the piu�chase agreemenT Yhen the interested participant must provide the EDA with the following: (1) A letter expressing their desire not to p�roceed with selling the property (2) The fiill amount of eainest money received upon execution of the purchase ageement�ci (3) Full payment of legal and consulting fees incurred by the EDA after the execution of the purchase agreement in preparation for the closing of the properry. 5. Selection of Demolition Contractor and Procedures: After the iaE��-�r closing, Program Staff will select a demolition eontractor by sending Requests for Proposals (RFP) to at least tluee demolition contractors. Tlie pruu�sal li+el received with the lowest price will have prioriry. The demolition conriactor must be able to meet project deadline as outlined in the RFP—��rie�kr ����atzkii�,� a—c;a�3H�+et. The deinolition contractor will be reqLiired to obtain all necessary Ciry permits and pay applicable fees. A+-ei�llzr�a�+r�n=+tee4 A Program Staff �e� rson will provide demolition supeivision. 6. Marketing: Program Staff will advertise the sale of the property by contacting the St. Paul Realtors Association, ai_eu residential developers, interested buyers and � posting signs on the property. 7. Selection of Developer: Program Staff will negotiate the purchase of the property witl� l�y an acceptable buyer/developer or buyer/builder team. If a buyer/developer or buyer/builder team cannot be obtained, the EDA may consider selling property to a developer or builder for sale to the open market after completion. As put of the sale of the properry, the buyer/developer team purchasing parry must sign a nurcLase and redevelopment agreement with the EDA, whieh will sCipulaYe mioimum staudards, housing design and time frame for complerion. (ReTer to Gxhibit A, Flousin� DesiQn and Site Criteria zuidelines, att.�ched.) 8. Development Agreement: Closing Procedures Page 7 City of Mounds View Housin� Replacement Pro�ram a. When a redevelopment proposal submitted by a bLryer/developer or buyer/builder team has been approved by the EDA, Program Staff and Legal Counsel �vill s1a=��E prepare a Purchase and Redevelopment Agreement. The selected developer �vill sH�+l4 receive a copy of the Purchase and Redevelopment Agreement which will include, but not Ue limited to, the following information: (I) Conshuction of minimum improvements (2) Estimated market value of the property and improvements (3) Purchase price (4) Completion date (5) Financial guarantee submitted by the developer with a minimum amount equal to 100% of the minimum improvement value (6) Revesting of Title. Subject to unavoidable delays, if'the Developer fails to cv�iy out its obligations with respect to the consh�uction of the Minimum Iinprovements, the Authority will have the right to re-enter and take possession of the property. The Authoriry at its option may declare a teimination in favor of the Authoriry of the title and that the title and all rights and interests of the Developer will �.13��4 revert to the Authoriry. d: —(��utiieir g�-4 ia+c#ietx tit=Be��eFitie+t e . . � �'m-7�!!�sn�!exe!�eea�snR' ' n�inen!*r.t . !�sr.eee�es�.� . :�sss�er�a � - - _�. �'re� � ' . . . t�er+i�+t�Fx���+y–�r�a��l-i�l�le–lee•;—C�-�k �E{c*���4ttierr-ei+t�iaF+=i�+Eirr-�tFl–l�e–Nrt�viel� +� Page 8 City of Mounds View Honsing Replacement Program r "'-.."_ __ � _ _ Economic Development Authority By: EDA President By: EDA Executive Director Revised:June 2007 \\trout\CommDev\Users\71ME\Comm llev ShifflHousingWoasing Replacement RoyRam�F1RP Policies\HRP Policy - 2007 Revisions.doc Page 9 EXHIBIT A Housing Replacement Program (Jrme ?007 rei�ision.$) HOUSING DESIGN AND SITE CRITERIA The Mounds View Economic Development Authority (EDA) establisl�ed the Housing Replacement Program to reduce t l3a-sueEal-�E�st�ef blight and increase the tax base. The purpose of the p�rogram is to replace deteriorating lower value housing on scattered sites throughout the City with larger, higher value housing designed for families. -T-r*��=e��+�i�rl-i�;lrtl���a-4-�he--L�hA 'fhe pro�ram u�'umotes these �oals throu�li nvo different mecLanisms—providin� demolition assistance to remuve sub-stnndard, bli��hted and distressed properties, and acquisitim� of """� substandard, bliehted or distressed homes. In either case, the subiect propertv is demolished and a new, IarQer, higher-value home is constructed in its place. c}etttel+sl3e: �N�Iierric-,+n�-I-sr'Nrtlic-I��l��4e ayir'iad�ic. t-i-��c-f3H.verrF'eF-eerleve-le�>trieH� T-4tis Tlte proer.�m will assist in eliminating the blighting influence of substandard housing and increase +nereasFir= the availability of quality housing for families. General a. t�, The developer must enter into a Contract for Private Development with the EDA whieh will specify design, set site criteria and establish valLie based upon new home construction in the sun�ounding area. b. ;:. The builder ele�� laNer- must be a licensed conhactor. All sub-contractors must also be licensed. Homeowner s�veat-equity labor on interior finishes mav be permitted. c. d. e. Home design must eomply with all federal, state and local building codes. The house must be able to be built within six (6) months fiom the time the Contract for Private Development is executed. An extensiou may be granted with the perniission of the EDA. Each home must be single-family, owner occupied. 2. Building Standards a. All building plans must have been prepared in consultation with �t a licensed ArchiYect or Architectural Designer�a+Fl3zri�tF;�i+�3�r+�3-t��k3-vcartcwEx�isaa-c#e��=r-ee. Housing design is a ciitical concern. Q c. A minimum of tlu•ee finished bedrooms is required. Two fullbattu�ooms are required �ii<�fii� rad—A-h�>r�ae-Elesik�-ic=�t-�-i-=-�f�t�k+u-Le eetniflsi e<4. Page A-1 d. A minimum two-car attached garage is required. Side-loaded or rear-loaded garates are preferred. If front-loaded, the �arage sliall not be the dominant feature of the buildine facade. e. Exterior materials (siding, doors and windows) should be low maintenance. Bricle, stone, aluminum and vinyl are prefen�ed. Natural cedar lap is acceptable if properly stained or painted. Aardboard panels or hardboard lap siding are not acceptable. �---1-; n il-h oH.lj �a nrl-i3�rn-t>f� 4�c13r��L lie Hie�s IitrE�hrec�nj1>��ki L� h�x4tlrt�t�� ,r�rl e et=[air srn-reHi�clFi��H��ig�rFic�rEiaec� f g. Plans must present a balanced disti7bution of wall and window areas from all views. A variety uf exterior architectw��l featm�es will be desired. g'. A full basement shall be provided in the house unless the selected design results in a split level, gaiden level type of basement. 3. Site Standards a. The entire groLmds must n}r��Fl be landscaped to be aesthetically pleasing in all seasons. Land forms and plant materials shall be Lised to define the site and blend wiCh adjoining properties. The landscape plan must be reviewed by the City Forester. b. Existing trees mnst �aa N be preseived when possible. Care should be taken to preserve existing root systems. Consuuction fencing around the root system must be provided on trees directly adjacentto active grading and constiuction azeas. The City Forester can assist in recommending methods ofprotecting existing trees and sh�ubs. c. Site drainage must slra+E be accommodated on the site so that water is directed away from the new home and the neighboring properties. The developer must eomply with any federal, sYate or local drainage requirements. Construction and the finished structure must not have a detrimental impact on stoim water drainage patterns in the neighborhood. d. All air conditioning units must be located in the rear yard of the house. e. Utility ineters must ��rl� be screened from street view; locations must be specified on plans. £ The neighboring property and adjacent public streets must slla-F4 be kept fi•ee of consh-uction debris at all times. The const�uction site must al�kl be managed so not to become a nuisance. Under no circumstance during the construction period mav s4� F} constniction workers, consh-uction equipment or conshtiiction mate�ials enter, disturb, or damage neighboring properties. Page A-2 4. Builder Requirements a. Demonstrate financial capability by providing all of the followin�: (1) A statement from a financial institution of stiifficient constniction capital (2) A letter of credit of the value of the lot (3) A summary of the financial conditions of the company (4) Evidence of a conshuction loan or abiliCy to secure one b. Possess adequate Buildei's Risk, Comprehensive General Liability and Worke�'s Compensation insurance coverage. c. Possess a Home Owners Wan�anry insurance or equivalent to perfo�m warranted repairs required by Minnesota State Statute. d. Provide references from all of the followin�: (I) Five customers; (2) Three major suppliers, one being the consh�uction lumber supplier; (3) Building Inspectors fi�om two cities in which the builder has constiucted new housing within the past three years. e. Provide infoimation on inventoiy of homes that builder cun•ently has under construction. Buyer Requirements, if applicable a. Must be pre-approved for peimanent financing prior to allow signing of Contract for Private Development. Page A-3 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 870-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,296 SQUARE-FOOT GARAGE AND APPROVING A VARIANCE FOR A 54 FOOT WIDE GARAGE AT 8290 SUNNYSIDE ROAD; PLANNING CASE NOs. CU2007-004 & VR2007-001 WHEREAS, property owners Tim Clemons and Collette O'Donovan have applied for a conditional use permit and a variance to construct a 54' wide x 24' deep, 1,296 square foot garage; and, WHEREAS, the subject property, located at 8290 Sunnyside Road, is zoned R-1, Single Family residential, and is legally described as follows: Section 6, Town 30, Range 23, except the west 240 feet. The east 528 feet of the west 1056 feet of fhe north 90 feet of the south 1620 feet of the NE %(Subject to Rd) in Section 6, Town 30, Range 23, Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the Mounds View Zoning Code restricts the width of oversized garages to 35 feet or less; and, WHEREAS, the proposed expanded garage would be 1,296 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the proposed garage would be 54 feet in width, 19 feet beyond that which is allowed for an oversized garage, necessitating application of a variance; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Aerial View c. Zoning Map d. Photographic documentation e. Staff Report WHEREAS, the Planning Commission held a duly noticed public hearing regarding the variance and conditional use permit requests on Wednesday, July 25, 2007. Re�olution £J70-07 CUP & VR 8290 Sunnyside Rd. Pa�e 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. Other than the width, the proposed oversized 1,296 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 of the Mounds View Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate such a structure. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the variance request: 1. The property is located on Sunnyside Road with the house and garage being setback further than the neighboring homes. The structures cannot be seen from the street due to the heavy tree cover on the lot. The proposed garage would allow the homeowners more indoor storage for their vehicles. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that most property owners could expand the garage to the rear, but due to the garage being built sideways on the lot and being located close to the side property line, the applicants have limited options. 3 The special circumstances or conditions do not result from the applicants in that Mr. Clemons and Ms. O'Donovan had no control over how the garage was placed on the lot before they purchased the property. 4. Granting the variance requested would not confer on the applicant any special privilege in that most garages are not set sideways on the property. �2esa(utron 870-07 CUP & VR 87_90 Sunnysrcle Rd. Page 3 5. The requested 19 foot variance is the minimum amount necessary to alleviate the applicanYs hardship. Economic conditions do not enter into the need for a variance in this case. 6. The variance requested would not be materially detrimental to the purpose of the Code or to other properties in the vicinity. The spirit and intent of the Code is preserved. 7. Granting the variance would not impair an adequate supply of light and air to adjacent properties, would not increase the congestion of the public streets, would not increase the danger of fire or endanger the public safety and would not diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission approves the requested variance for a 54 foot wide garage and recommends approval of the conditional use permit for the 1,296 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing garage and house. 3. The Conditional Use Permit (CUP) and Variance (VR) shall become null and void if the work for which the CUP and VR were granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 25th day of July, 2007. i � ,- ---,.. �����r�= _ Gary Stevenso� , Chairperson ATTEST: (SEAL) ���: � �(,Lt�'l�l� �,P^�,L����l.� James Ericson, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 871-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT FOR THE ABIDING SAVIOR MAJOR SUBDIVISION; MOUNDS VIEW PLANNING CASE NO. MA07-002 W HEREAS, property ownerAbiding Savior Lutheran Church, located at 8211 Red Oak Drive, (the Applicant) has requested approval of a major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive, property zoned R-1, Single Family Residential; and, WHEREAS, the Applicant proposes to plat the combined 7.48 acres of land, reconfiguring the two lots by removing 34,900 square feet from the Eastwood Road parcel (Lot 2) and adding the 34,900 square feet to the Red Oak Drive parcel (Lot 1); and, WHEREAS, the Planning Commission has reviewed the ApplicanYs request for a major subdivision and has determined that the requested subdivision is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the major subdivision of 8184 Eastwood Road and 8211 Red Oak Drive subject to satisfactory review of aIl title and survey documentation by the City Attorney. NOW, THEREFORE, BE IT FUTHER RESOLVED that the Applicant shall have 60 days from final approval to file proper documentation with Ramsey County and furnish proof of such recording to the City showing evidence of the recordation. If such action is not accomplished by the date so indicated, this major subdivision approval shall be considered null and void. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 25th day of July, 2007. �/ � �/ n� 2._r ___"_'_ . Gary Stevenso , Chairperson ATTEST: (SEA�.) `__.iL�1��� �'h-'t'�lJ�!`� James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 872-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1113 OF THE MOUNDS VIEW ZONING CODE RELATING TO THERAPEUTIC MASSAGE BUSINESSES WHEREAS, City staff, working in conjunction with the Administration Department, has identified an omission within the Zoning Code relating to "Licensed Therapeutic Massage" businesses; and, WHEREAS, Chapter 514 of the City Code establishes detailed and stringent licensing provisions for Therapeutic Massage businesses and the massage therapists employed by such businesses; and, WHEREAS, the Zoning Code does not presently identify a suitable zoning district within which such a business may be located; and, WHEREAS, the Planning Commission reviewed this issue at their meeting on July 25, 2007, formulating direction to staff to prepare a code amendment to permit such licensed businesses beginning with the B-2, Limited Business Commercial zoning district. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1113 of the Mounds View Zoning Code, B-2, Limited Business Zoning regulations, to identify "Licensed Therapeutic Massage" businesses as a permitted use. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 8th day of August, 2007. �-� ,�°.%�-� an Miller, Vice-Chairperson ATTEST: � ,�,�-�.�� C�'i�t,vy%�i.� (SEAL) � James Ericson, Community Development Director E RESOLUTION NO. 873-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING AN EXTENSION OF A VARIANCE FOR REDUCED BUILDING AND PARKING SETBACKS FOR TYSON COMPANY, AT 4825 MUSTANG CIRCLE, PLANNING CASE VR2006-006 WHEREAS, Tyson Company requested approval of a Variance for a new structure with reduced building and parking setbacks on their property at 4825 Mustang Circle; and, WHEREAS, the Planning Commission approved the Variance request on August 2, 2006 (Resolution 848-06); and, WHEREAS, Mounds View City Code Chapter 1125.02 Subd. 5, states all variances must be acted on within one year from the date of approval or they will become null and void, unless an extension is granted by the Planning Commission, and; WHEREAS, the City Code provides for an extension mechanism which Tyson Company is presently exercising. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission, based upon its review of the written request submitted by Tyson Company, does hereby deny an extension of this Variance. Adopted this 22"d day of August, 2007. Gary Stevensbn, Chair ATTEST ;_!1'P4� ����t,l.�.�j�l'�� Jim Ericson, Community Development Director (SEAL) ',,„,. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 874-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FOR A TWO-FOOT DRIVEWAY SETBACK AT 2925 COUNTY ROAD H2; MOUNDS VIEW PLANNING CASE VR2007-002 WHEREAS, the applicant, Cory Mathiowetz, has applied for a variance to allow for a driveway with a two-foot setback from the property line of his property located at 2925 County Road H2; and, WHEREAS, 2925 County Road H2 is zoned R-1, Single Family Residential, and is legally described as follows: Spring Lake Park Knolls, Ramsey County, Minnesota, Lot 92 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Statement from applicant 3. Proposed Site Plan 4. Zoning Map 5. Aerial View 6. Photographic Documentation 7. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on September 19, 2007; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied and finds there to be sufficient hardship with regard to the property located at 2925 County Road H2, and makes the following findings of fact related to its decision: 1�es. (374-07 P�ge 2 1. Circumstances apply to this property in that the house is located close to the east property line, a driveway was located within two feet of the property line, and the curb cut was placed on the property line, prior to the applicant purchasing the property. 2. The literal interpretation of the provisions of the Zoning Code would limit the applicanYs ability to have a normal one car wide driveway, or a driveway that does not line up correctly with the existing curb cut. 3. The applicant did not cause the placement of the house on the lot, the location of the driveway, or the location of the curb cut, and intends only to improve the substandard dirt surface. 4. Granting this variance would not confer upon the applicant a special privilege in that the house placement, driveway and curb cut locations are pre-existing conditions. 5. The two (2) foot variance is the minimum variance required to alleviate the applicanYs hardship. 6. Granting a variance to allow for a driveway with a two foot setback would not be detrimental to the purpose of the Zoning Code in that the driveway is a pre- existing condition and is causing no adverse impacts. 7. Granting the variance would not impair an adequate supply of light or air to the adjoining property. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the variance request of Cory Mathiowetz, 2925 County Road H2, to allow for a driveway with a two-foot setback from the east property line. Adopted this 19th day of September, 2007. <���..�j����, � an Miller, Vice-Chairperson ATTEST: � C,�,v�,�� � James Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 875-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN ADMINISTRATIVE VARIANCE TO ALLOW FOR AN EIGHT FOOT SIDE YARD SETBACK FOR A LIVING-SPACE PORCH ADDITION AT 5060 RED OAK DRIVE; MOUNDS VIEW PLANNING CASE AV2007-001 WHEREAS, the applicant, Rich Sonterre, has applied for a variance to allow for a continued eight foot, side yard setback for a proposed porch addition to his home located at 5060 Red Oak Drive; and, WHEREAS, 5060 Red Oak Drive is zoned R-1, Single Family Residential, and is legally described as follows: Lot 11, Block 6, Twelve Oaks 2"d Addition, Ramsey County, Minnesota WHEREAS, the Community Development Director has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Site Plan WHEREAS, the purpose of the administrative variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, according to Section 1125.02, Subdivision 6 of the Mounds View Municipal Code, the Community Development Director is to review a standard set of criteria, of which all must be satisfied, in order to grant an administrative variance to the Zoning Code; and, WHEREAS, the property owners adjacent to the subject property were notified of the variance request and were allowed ten days to respond; and, Resoli.rtiorr i375-07 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the identified hardship, does hereby grant final approval of the variance request to expand upon the current eight (8) foot side yard setback for a proposed porch addition at 5060 Red Oak Drive, contingent upon the following: 1. The applicants shall obtain approval of a building permit for the porch expansion before work commences. 2. The proposed addition shall be commenced within one year of the adoption of this resolution or the variance approval shall become null and void. Adopted this 3`d day of October, 2007. ATTEST: (SEAL) i ''�,�, l .� J n Miller, Vice Chairperson � �� ��� James Ericson, Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 876-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR STORAGE OF FLAMMABLE LIQUIDS AT 4815 MUSTANG CIRCLE; PLANNING CASE NO. CU2006-009 WHEREAS, 7T's Management, LLC. has applied for a conditional use permit to allow for storage of flammable liquids; and, WHEREAS, the subject property, located at 4815 Mustang Circle, is zoned I-1, Industrial, and is legally described as follows: Mounds View Industrial Park No. 3, Subject to Easements; Lot 7, Block 1 WHEREAS, the Mounds View Zoning Code allows storage of flammable liquids as a conditional use in Industrial districts; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Application 3. Zoning Map 4. Aerial View 5. Comp Plan Future Land Use Map 6. Proposed Site Plan 7. Futrell Fire Design review of Ferrellgas Risk Management Plan WHEREAS, the City of Mounds View has contracted with Futrell Fire Design & Consult, Inc. to review the risk management plan submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed location of the flammable liquids is within 1,000 feet of a large residential neighborhood. 2. Fire Department response time for water application exceeds the time outlined for development of extremely hazardous conditions as outlined under NFPA 58. £2esolation 8�7ti- 07 VY.aC�P � 3. The Futrell report indicates that the adjacent metal cutting and fabrication businesses would be additional external hazards to the propane facility. 4. The request would not be consistent with the Mounds View Comprehensive Plan in that the property at 4815 Mustang Circle is designated as Light Industrial on the Future Land Use Map. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends denial of the conditional use permit for the retail propane gas facility: BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5�h day of December, 2007. ATTEST: (SEAL) 'J �,. '���, / �— � � . ��' _ m-� ; ��-J Gary Stevenson, Chairperson James Ericson, Community Development Director � MOUNDS VIEW PLANNING COMMISSION RESOLUTION 577-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE 2008 MEETING SCHEDULE OF THE MOUNDS VIEW PLANNING AND ZONING COMMISSION WHEREAS, the Mounds View Planning Commission intends to hold two regular meetings per month during the year 2008; and, WHEREAS, the Planning Commission will meet on the first and third Wednesdays of each month, or as amended; and, WHEREAS, the schedule of ineeting dates shall be established and posted to provide an orderly system for use by the Planning Commission, staff and general public. NOW, THEREFORE, BE IT RESOLVED that Exhibit 1, attached hereto, is the Planning Commission's official meeting schedule for the year 2008. BE IT FINALLY RESOLVED that if the Planning Commission is required to or desires to hold special or emergency meetings, such meetings will be held in accordance with State law, Code requirements and Commission Bylaws. Adopted this 5th day of December, 2007. �J �i7 l7 ,/l _ / / / �� l )i l�7/"`�Z- � i � � Gary Stevensofi Chairperson (i ATTEST �. (StAL) James Ericson Community Development Director EXHIBIT 1. 2008 MEETING SCHEDULE MOUNDS VIEW PLANNING AND ZONING COMMISSION January 9 February 6 March 5 April 2 May 7 June 4 July 9 August 6 September 3 October 1 November 5 December 3 � January 23 February 20 March 19 April 16 May 21 June 18 July 23 August20 September 17 October 15 November 19 December 17 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 878-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR T-MOBILE CENTRAL TO CONSTRUCT A 128 FOOT WIRELESS COMMUNICATION MONOPOLE AT SYSCO, 2400 COUNTY ROAD 10; PLANNWG CASE NO CU2007-005 WHEREAS, T-Mobile Central, has applied for a conditional use permit to construct a 128 foot antenna monopole on the property owned by Sysco Minnesota; and, WHEREAS, the subject property, located at 2400 County Road J, is zoned PUD, Planned Unit Development, and is legally described as follows: Lot 1, Block 1, Outlof A, and Lot 1, Block 2, all in SYSCO, Ramsey County, Minnesofa And That part of the west half of vacated Long Lake Road as dedicated in SYSCO, Ramsey County, Minnesota, which lies southerly of the easterly extension of the north line of Lot 1, Block 1, said plat of SYSCO, together with the east half of vacated Long Lake Road as dedicated in said plat of SYSCO which lies southerly of the westerly extension of the north line of Lot 1, Block 2, said plat of SYSCO WHEREAS, the Mounds View Zoning Code conditionally allows wireless communication towers and antennae up to 150 feet in height in Industrial and Industrial PUD zoning districts; and, WHEREAS, the proposed communication monopole would meet all Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) requirements and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Aerial view showing proposed location c. Zoning Map d. Photographic documentation e. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed wireless communication monopole meets the requirements as outlined in Chapter 1124 of the Zoning Code. F2esolution II78-07 I'�ge 2 2. The request is consistent with the Mounds View Comprehensive Plan in that a wireless communication monopole is consistent with the Heavy Industrial land use designation for this area. 3. The proposed wireless communication monopole would not be out of place given the commercial and industrial character of the surrounding area involved. 4. The proposed wireless communication monopole would not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists for expanded communications coverage in the Mounds View area. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the wireless communication monopole, with conditions as follows: 1. Access to the equipment shall be protected by a secure opaque slat 8 foot chain link fence. 2. No advertising signage will be allowed attached to the pole or fencing. 3. The monopole shall not exceed 128 feet in height or have any lighting. 4. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. NOW THEREFORE, BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of December 2007. � /_ ;%'/,! .. __ �� /� ,�� YC/r�� ,� d ', r�� � � Gary Stevens n, Chair ATTEST: � James Ericson Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION 879-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW FOR A 4,840 SQUARE FOOT ADDITION TO THE MIDWEST MOTOR EXPRESS BUILDING; MOUNDS VIEW PLANNING CASE DE2007-003 WHEREAS, Midwest Motor Express, located at 2169 Mustang Drive, proposes to construct a 4,840 square foot single story addition to the current building; and, WHEREAS, the lot in question is zoned Industrial; and, WHEREAS, the subject parcel is legally described as: ALL THAT PART OF LOT 3 BLOCK 1, MOUNDS VIEW INDUSTRIAL PARK, OVERLYING THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 30, RANGE 23, WHICH LIES EASTERLY OF A LINE DRAWN PARALLEL WITH AND 913 FEET WESTERLY OF THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; AND THAT PART OF LOT 3, BLOCK 1, MOUNDS VIEW INDUSTRIAL PARK, LYING EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 30, RANGE 23, RAMSEY COUNTY, MINNESOTA; and, WHEREAS, Chapter 1006 of the Mounds View City Code requires all new commercial and industrial development to be reviewed by the Planning Commission for consistency with all codes, regulations and requirements; and, WHEREAS, the Planning Commission has reviewed the following documents relative to this request: 1. Planning Application 2. Site Plan 3. Zoning Map 4. Comprehensive Plan Future Land Use Map 5. Aerial View 6. Photographic Documentation �2esr�lutior� 879-07 Paye 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission has reviewed the request for a 4,840 square foot addition to the existing Midwest Motor Express building and recommends approval subject to the following condition: 1. The applicant shall submit plans and receive a building permit prior to any construction. 2. The applicant shall install sod or asphalt on any disturbed areas no later than 60 days beyond issuance of the Certificate of Occupancy, weather permitting. NOW, THEREFORE BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of December, 2007. i" _ �� _. -- _:. - ✓ /�'�,�.'. Gary Stevenson, C�liairperson ATTEST: � ,"' •_ . James Ericson Community Development Director (SEAL) \ MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 880-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A REDUCED NUMBER OF COVERED PARKING SPACES AT GREENFIELD ESTATES LOCATED AT 2370 COUNTY ROAD I AND 7521-7661 GREENFIELD AVENUE; MOUNDS VIEW PLANNING CASE VR2007-003 WHEREAS, the applicant, The Tycon Companies, has applied for a variance for 25 fewer covered parking spaces than required by City Code, at Greenfield Estates located at 2370 County Road I and 7521-7661 Greenfield Avenue; and, WHEREAS, 2370 County Road I and 7521-7661 Greenfield Avenue are zoned R-4, High Density Residential, and are legally described as: Except the East 99.41 feet of Lot 2, All of Lot 1, Block 1 Nordling Terrace, Ramsey County, Minnesota Lots 14 and 95, Block 1 Nordling Terrace, Ramsey County, Minnesota Lots 16 and 17, Block 1 Nordling Terrace, Ramsey County, Minnesota Lots 18 and 19, Block 1 Nordling Terrace, Ramsey County, Minnesota WHEREAS, Section 1121.13 of the Mounds View Zoning Code indicates that multiple family properties must provide one covered parking space per unit; and, WHEREAS, the applicant is requesting a variance to provide 100 covered parking stalls for an apartment complex with 125 units; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Location Map 4. Site Plan 5. Photographic Documentation 6. Staff Report Resolution 880-0? Page ?_ WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, a public hearing was held Wednesday, December 19, 2007, with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: The property is zoned R-4, High Density Residential. 2. The extraordinary circumstances surrounding this property are that existing garages are poorly configured and are somewhat unsafe for residents. 3. Denying the request may limit the property owner's ability to improve the safety and functionality of the property. 4. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 5. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their property. 6. Permitting the property to have 100 covered parking spaces is the minimum variance, as it allows for an adequate number of garages based on past garage rental statistics and allows them to create more uncovered parking than currently provided. 7. Granting a variance to reduce the number of covered parking spaces would not be materially detrimental to the purpose of the Code. There have been no objections raised up to this point from any of the adjoining property owners. 8. The proposed variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. \ Resolutron �80-07 Page 3 NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby approve the variance request to reduce the number of covered parking spaces to 100, from the required 125 covered spaces, at Greenfield Estates located at 2370 County Road I and 7521-7661 Greenfield Avenue. Adopted this 19th day of December, 2007. ATTEST: (SEAL) ,_e� ;,� - - % / ,� .1� � � �--�, Gary Steve son, Chairperson ��'-ti�-`--�� ��: �2.������,,� James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 881-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE REGARDING REQUIREMENTS FOR SIGNS AND BILLBOARDS WHEREAS, the City Council adopted Ordinance 784 on February 12, 2007 which authorized a one-year moratorium on the installation, creation, construction, replacement, modification or improvement of static or changing electronic, digital, video, display signs or billboards and flashing motion, animated, changeable copy and illuminated signs in all zoning districts; and, WHEREAS, Ordinance 784 indicates that the City will undertake a study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs and that the scope of the study should include review of regional and national studies, local research, ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, sign display operational literature, existing electronic signs and other factual and quantifiable information; and, WHEREAS, upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED that the study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs is complete and the Mounds View Planning Commission has reviewed the following materials comprising the study: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. SRF Study regarding Dynamic Signage — June 2007 City of Minnetonka Staff Report — May 2007 Regulating Dynamic Signage, LMC Memo — 2007 Minnetonka & Clear Channel Reach Tentative Agreement — May 15, 2007 Clear Channel Sues Arden Hills — Oct 25, 2007 Opinions Harden in Billboard Debate — Nov 20, 2007 Electronic Billboards Raise Risks — Nov 30, 2007 Biilboard Deal Up In The Air — Dec 6, 2007 Billboard Deal Pleases No One — Dec 13, 2007 FHWA Report on Electronic Billboards — Sept 11, 2001 FHWA Memo on Changeable Message Signs — Sept 2007 Outdoor Advertising Assn of America - Regulating Digital Billboards (undated) Ordinance 801 Resolution 881 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission, in light of its review of the study, finds that there is sufficient cause to justify the limiting of dynamic display signs and billboards in the City of Mounds View and recommends the City Council adopt Ordinance 801, an ordinance amending Chapter 1008 of the City Code to define and prohibit dynamic display signs and billboards in the City of Mounds View. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of December, 2007. ° `Q /,�� cti� �'��'�'"�`2h. i Gary Steven�9h, Chairperson ATTEST: ` J O�vvin�l� ��.t12cE�J'���. James Ericson, Community Development Director (SEAL) \