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HomeMy WebLinkAbout04-04-2018 PLANNING COMMISSION REGULAR MEETING AGENDA April 4, 2018 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. (none) 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the record.) 5. Planning Cases A. Resolution 1084-18, Recommending Approval of a One-Year Extension of a Conditional Use Permit for a Multi-Family Dwelling, for MWF Properties, LLC 6. Other Planning Activity A. (none) 7. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 8. Approval of Minutes: A. March 7, 2018 9. Next Planning Commission Meetings: A. Wednesday, April 18, 2018 B. Wednesday, May 2, 2018 10. Meeting Conclusion Item No: ___5A Meeting Date: Apr 4, 2018 ____ Type of Business: Planning Case MU17-001 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, City Planner/Supervisor Item Title/Subject: Resolution 1084-18, Recommending Approval of a One- Year Extension of a Conditional Use Permit for a Multi- Family Dwelling, for MWF Properties, LLC Introduction MWF Properties received a Conditional Use Permit (CUP) on May 8, 2017, for a Multiple-Family Dwelling to be located at the northwest corner of Mounds View Blvd and Groveland Rd. CUP’s become invalid after one year, if construction is not complete 1. MWF Properties is actively pursuing approval of a subdivision, required prior to beginning construction. An extension of the CUP is necessary to comply with conditions of the CUP. Discussion The project is known as “The Boulevard”, and will consist of a three story, 60-unit apartment building. The City Council has approved a Zoning Map Amendment, Conditional Use Permit for the apartment building, a Preliminary Plat, a Development Review, and establishment of a Tax Increment Financing (TIF) district. Pending applications include; a land transfer (from county to city to developer), and Final Plat. These approvals are expected to be considered in spring, 2018. Analysis Although the City Code requires CUP’s to have completed construction within one year, this is a large project, such that this deadline is not realistic. For this reason, the CUP included a condition that construction must begin within one year: 3. If construction work approved by this Conditional Use Permit has not begun within one year after the date of this approval, this Conditional Use Permit shall be void. Exceptions: the applicant may apply for an extension at least 30-days prior to expiration of the Conditional Use Permit, and if the extension is granted by the City Council. Prior to beginning construction, the project must obtain approval of a Final Plat. This has been delayed in part, due to unresolved issues related to a driveway access easement, and pending acquisitions of the properties by the developer. 1 Mounds View City Code, Section 1125.01, Subd 3(f) (Lapse of Conditional Use Permit by Nonuse) Item 05A Page 2 Summary MWF Properties received a Conditional Use Permit for an apartment building with a condition that it begin construction within one year (by May 8, 2018). Due to circumstances beyond the applicant’s control, the project has been delayed. Pending approval of a Final Plat and land transfer, construction is expected to begin in Fall, 2018. Recommendation Staff recommends approval of Resolution 1084-18, recommending approval of a One-Year Extension of a Conditional Use Permit for a Multiple-Family Dwelling. If approved, the developer would have until May 8, 2019 to begin construction of the project. The Planning Commission is requested to consider the following options: 1. Resolution 1084-18, recommending approval of an Extension to the CUP is attached if the Commission chooses this action. 2. The Planning Commission may choose to recommend denial of the CUP Extension. If the Commission chooses this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Commission can simply move to table the request until such information has been provided. Because of the 60-day requirements (Deadline: June, 28, 2018) the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, ________________________ Jon Sevald, AICP City Planner/Supervisor Attachments 1. Applicant’s Narrative 2. Location Map 3. Resolution 1084-18 Attachment 1 Applicant’s Narrative Attachment 2 Location Map (Zoning) MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1084-18 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION RECOMMENDING APPROVAL OF AN EXTENSION OF A CONDITIONAL USE PERMIT FOR A MULTIPLE-FAMILY DWELLING GENERALLY LOCATED AT THE NORTHWEST CORNER OF MOUNDS VIEW BOULVEARD AND GROVELAND ROAD WHEREAS, the City of Mounds View Municipal Code, Section 1109.04, Subd 4 requires a Conditional Use Permit for Multiple-Family Dwellings within the R-4 High Density Residential zoning district; and, WHEREAS, the applicant, MWF Properties, LLC, representing Cynthia Johnson, owner of PID: 06-30-23-31-0029 and PID: 06-30-23-31-0030; and representing the State of Minnesota, owner of PID: 06-30-23-31-0031 and PID: 06-30-23-31-0241, has requested a Conditional Use Permit for a Multiple-Family Residential Dwelling within an R-4 zoning district These properties are legally described as: PID: 06-30-23-31-0029 That part of Lot 48, Auditor's Subdivision No. 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the Highway right of way purposes and, PID: 06-30-23-31-0030 Lot 49, Auditor's Subdivision No. 89, Ramsey County, Minnesota and, Resolution 1084-18 Page 2 PID: 06-30-23-31-0031 Parcel 1. Lot 50, except that part which lies Southwesterly of a line run parallel with and distant 100 feet Northeasterly of the Southwesterly boundary of said Lot 50, also except that part described as follows: Commencing at the Northwest corner of said Lot 50; thence East 7 feet along the North line of said Lot 50; thence Southerly 100 feet to a point of intersection on the West line of said Lot 50; thence North along said West line of said Lot 50 to the point of commencement; Auditor's Subdivision No. 89, Ramsey Co., Minn. The said excepted part of the above described property, the Southwesterly 100 feet has been taken by the State of Minnesota for public Highway purposes. Parcel 2. All that part of Lot 32, Auditor's Subdivision No. 89, Ramsey Co., Minn., described as follows, to-wit: Commencing at a point on the West line of Lot 50, Auditor's Subdivision No. 89, which point is 100 feet South of the Northwest corner of said Lot 50; thence South to a line 100 feet Northeasterly from and parallel with the Southerly line of Lot 32; thence Northwesterly on said parallel line 32 feet; thence Northeasterly to the point of beginning. and, PID: 06-30-23-31-0241 The South 135.00 feet, front and rear, of Lot 47, Auditor's Subdivision No. 89, lying westerly of the East 187.00 feet. WHEREAS, the Mounds View City Council approved Resolution 8751, a Resolution approving a Conditional Use Permit for a Multiple Family Dwelling Generally Located at the Northwest Corner of Mounds View Boulevard and Groveland Road, with the following conditions: 1. The applicant, MWF Properties, LLC, shall complete a traffic engineering study and submit it to the City for review prior to, or concurrent with, applications for a Major Subdivision and Development Review. 2. No development or construction on these properties associated with this Conditional Use Permit shall occur unless a Subdivision and a Development Review have been approved by the City Council, in accordance with the City of Mounds View Municipal Code. All construction shall comply with applicable Rice Creek Watershed District permit requirements. Resolution 1084-18 Page 3 3. If construction work approved by this Conditional Use Permit has not begun within one year after the date of this approval, this Conditional Use Permit shall be void. Exceptions: the applicant may apply for an extension at least 30-days prior to expiration of the Conditional Use Permit, and if the extension is granted by the City Council. WHEREAS, the applicant, MWF Properties submitted a traffic engineering study to the City for its review (dated June 29, 2017), has obtained Preliminary Plat approval of “Boulevard” (Resolution 8777), applied for Final Plat approval of “Boulevard” (pending), and has obtained Development Review approval (Resolution 8778); and, WHEREAS, construction work approved by the Conditional Use Permit (Resolution 8751) has not begun within one year after the date of CUP approval (May 8, 2017) due to circumstances beyond the applicant’s control; and, WHEREAS, the applicant has applied for an extension to the Conditional Use Permit; and, NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends approval of this Resolution subject to the following conditions: 1. No development or construction on these properties associated with this Conditional Use Permit shall occur unless a Subdivision and a Development Review have been approved by the City Council, in accordance with the City of Mounds View Municipal Code. All construction shall comply with applicable Rice Creek Watershed District permit requirements. 2. If construction work approved by this Conditional Use Permit has not begun within one year after the date of this approval, this Conditional Use Permit shall be void. Exceptions: the applicant may apply for an extension at least 30-days prior to expiration of the Conditional Use Permit, and if the extension is granted by the City Council. 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. Adopted this 4th day of April, 2018 Angelica Klebsch, Chair ATTEST: Jon Sevald, City Planner/Supervisor (SEAL) DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 7, 2018 Mounds View City Hall 2401 County Road 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Klebsch at 7:00 p.m. for March 7, 2018. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Farmer, French, Klander, Klebsch, Monn, Rundle, and Stevenson. Absent and Excused: None. Also Present: City Planner/Supervisor Jon Sevald and Council Member Bill Bergeron. ______________________________________________________________________________ Index to Minutes Page Resolution 1082-18, Finding that a Modification to the Redevelopment 2 Plan for the Mounds View Economic Development Project and a Tax Increment Financing Plan for Tax Increment Financing District No. 1-6 Conform to the General Plans for the Development and Redevelopment Of the City Resolution 1083-18, Amending the City Code, Section 1104.01, Subd 5, 4 Regarding the Encroachment of Front Porches (Special Planning Case SP-212-18) Approval of Minutes 7 _____________________________________________________________________________ 3. Special Order of Business None. Mounds View Planning Commission March 7, 2018 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. Resolution 1082-18, Finding that a Modification to the Redevelopment Plan for the Mounds View Economic Development Project and a Tax Increment Financing Plan for Tax Increment Financing District No. 1-6 Conform to the General Plans for the Development and Redevelopment of the City. City Planner/Supervisor Sevald stated MWF Properties developer of the “Boulevard”, a proposed 60-unit apartment building to be located on the NW corner of Mounds View Boulevard and Groveland Road, is requesting Tax Increment Financing (TIF) from the Mounds View Economic Development Authority (EDA). This is not a financial review of the TIF, but rather a review if the use of TIF is consistent with the Comprehensive Plan. He explained Tax Increment Financing is an economic development tool used to supplement other financing sources. TIF may only be used if it passes the “but, for” test, meaning, the project would not be competed “but, for” TIF assistance. Mounds View has used TIF for a number of projects, the most recent being Medtronic (2003-2033). James Lehnhoff, Ehlers & Associates, introduced himself to the Commission and provided a high-level overview of the TIF proposed for this project. He reiterated that the Commission was being asked to advice the City Council on if the use of the proposed TIF plan was in conformance with the Comprehensive Plan for the City and explained the EDA would be reviewing the financial plan. He provided the Commission with a definition of TIF and a TIF term example. The various types of housing districts were described and it was noted they would have a 26-year maximum term. The projected taxes for the Boulevard project was reviewed with the Commission and he explained the project would continue to pay the pre- development (2018) property taxes ($3,653), but the additional post-development property taxes will be refunded back to the developer to pay for qualifying expenses (land, site preparation, utilities, other expenses). Over the TIF period, 2020-2045, this is estimated to total $2,362,928. Commissioner Monn questioned what the term of the Boulevard TIF District would be. Mr. Lehnhoff explained the term length for TIF housing districts was 25 years after the first year, or 26 years. He commented further on the pay-as-you-go type TIF note stating this option had a 15- year term. He reported the Boulevard project had a funding gap of $546,000 and indicated a pay-as-you-go TIF note would provide the necessary assistance. Commissioner Farmer asked how the TIF plan would be adjusted if the estimated costs were to shift. Mr. Lehnhoff commented this issue would be addressed in the Developers Agreement. He explained project costs would be verified by staff in order to ensure the TIF assistance was Mounds View Planning Commission March 7, 2018 Regular Meeting Page 3 ________________________________________________________________________ needed. He reiterated that all of the numbers were merely projections. He reported the TIF District could be shortened if more value was achieved than projected. Commissioner Monn questioned how the developer benefited from continuing to pay. Mr. Lehnhoff explained the developer would continue to pay property taxes on the project, but would receive a check in return based on the increment. Commissioner Klander asked if the first part of the Resolution had to do with TIF. Mr. Lehnhoff reported the entire Resolution revolved around TIF. He commented the modification to the Redevelopment Plan would allow for a TIF District to be created. Chair Klebsch inquired if a TIF District could be disbanded if the project were to fall through. Mr. Lehnhoff stated the City would not be locked into this project and noted the TIF District could be disbanded. Commissioner Klander requested further information on the process that was followed for the “but for” test. City Planner/Supervisor Sevald described the analysis that was conducted by staff. Mr. Lehnhoff commented the City also needs to consider if workforce housing was compatible with the Land Use Plan. Commissioner Monn commented on the City’s 2008 Comprehensive Plan. She noted one of the goals for the City was to consider commercial development and redevelopment along County Highway 10 to broaden the tax base and expand the employment base. Another goal was stated as being to ensure future development and redevelopment was compatible with the natural environment. She believed that the proposed project fell outside of the strategic goals for the City. Commissioner Stevenson stated he believed the Boulevard project would fit with the plans for the County Highway 10 corridor. He indicated even if TIF was used for a multi-family housing development this was still within the City’s plan for the corridor. Commissioner Monn asked how this project aligns with the City’s vision for a broader tax and employment base. City Planner/Supervisor Sevald explained the proposed 60-unit apartment building would have around 112 residents. He commented a certain percentage of that population would be of working age. In addition, maintenance and management workers would be brought on to work at the complex. Commissioner Stevenson commented further on this history of this property and the goals for redevelopment. Chair Klebsch summarized the Comprehensive Plan was calling for more job creation along the County Highway 10 corridor but noted the zoning for this property also allowed for multi-family housing. She questioned how this project conforms to the original goal as stated in the Comprehensive Plan. City Planner/Supervisor Sevald discussed the reality of the commercial market and noted housing was a more realistic goal for this property. Mounds View Planning Commission March 7, 2018 Regular Meeting Page 4 ________________________________________________________________________ Commissioner Farmer questioned if this project would enhance the City’s tax base. City Planner/Supervisor Sevald reported after the TIF note had reached its term, the City’s tax base would be increased. Commissioner Klander inquired how inaction by the Commission would impact this project. City Planner/Supervisor Sevald reported a Public Hearing has been posted for this item on Monday, March 12th for the City Council. For this reason, he encouraged the Commission to make a recommendation to the City Council. Chair Klebsch stated she was a little disappointed to not see the pro forma in the Commission’s packet. She commented on the “but for” test and believed this was somewhat subjective. However, she trusted the recommendation from Ehlers. She expressed frustration with the fact that it appeared the Commission’s hands were tied on this issue. She stated she would like to learn more about the City’s housing goals. She explained she did not appreciate the lack of transparency for this project both with the Commission and the public. She indicated she has received emails from the public voicing concerns and questions. MOTION/SECOND: Commissioner Rundle/Commissioner Stevenson. To approve Resolution 1082-18, a Resolution Finding that a Modification to the Redevelopment Plan for the Mounds View Economic Development Project and a Tax Increment Financing Plan for Tax Increment Financing District No. 1-6 Conform to the General Plans for the Development and Redevelopment of the City. Commissioner Stevenson thanked staff and Mr. Lehnhoff for their thorough presentations on TIF. Commissioner Monn requested the PowerPoint presentation from Ehlers be forwarded to the Planning Commissioners. Mr. Lehnhoff stated he would forward this information to the Commissioners. Ayes – 4 Nays – 3 (French, Klander, and Monn) Motion carried. _____________________________________________________________________________ B. Resolution 1083-18, Amending the City Code, Section 1104.01, Subd 5, regarding the Encroachment of Front Porches (Special Planning Case SP- 212-18) City Planner/Supervisor Sevald stated within residential zoning districts, the minimum front yard setback is 30’ from the property line. On occasion (1-2 times per year), homeowners have inquired if a front porch can be added onto a home. If the home is at the minimum setback, a front porch would not be permitted, unless a variance is granted by the Planning Commission. In order for the Planning Commission to grant a variance, a “Practical Difficulty” or “Hardship” must be proven. In Staff’s opinion, this is difficult to provide because a front porch is an Mounds View Planning Commission March 7, 2018 Regular Meeting Page 5 ________________________________________________________________________ amenity, and not an essential part of the home. An ordinance amendment would be more appropriate than a variance. City Planner/Supervisor Sevald commented within residential districts, the minimum front yard setback is 30’.1 Staff recommends that the ordinance be amended, allowing non-enclosed porches (no walls, windows, or screens) to encroach up to 6’ into the front yard setback (e.g. 24’ set back from the front property line). A maximum 6’ encroachment is recommended to accommodate a 36” door swing, plus a 36” clear zone beyond the door swing. This 6’ encroachment is for the porch structure, and excludes any roof eve or stairs. For comparison the following is the minimum setback for a front porch on an existing home, assuming the minimum setback for the home is 30’: Arden Hills: 22.5’ Blaine: 22.5’ Fridley: 20’ Mounds View (existing): 30’ Mounds View (proposed): 24’ New Brighton: 24 Shoreview: 25’ City Planner/Supervisor Sevald explained front porches are an amenity to homeowners and add curb appeal to the home and neighborhood. Allowing front porches to encroach into the front yard setback will encourage homeowners to make this improvement to their homes. Staff provided further comment on the request and recommended approval of the City Code amendment as requested. Chair Klebsch asked if 24’ would be ADA compliant. City Planner/Supervisor Sevald reported this was the case. Commissioner Stevenson explained this adjusted font yard setback would be only for front porches that were not enclosed. Commissioner Monn questioned if the porch had to be attached to the house. City Planner/Supervisor Sevald reported the porch would have to be attached and noted a gazebo, or any other accessory structure would not be allowed in the front yard. Commissioner Klander understood front porches were becoming more popular. He questioned how close porches have been allowed in the past. Commissioner Stevenson stated he appreciated the way the code amendment was written as it would not allow houses to move any closer to the street. Chair Klebsch thanked staff for providing the Commission with a setback comparison from neighboring cities. Mounds View Planning Commission March 7, 2018 Regular Meeting Page 6 ________________________________________________________________________ MOTION/SECOND: Commissioner Farmer/Commissioner Rundle. To approve Resolution 1083-18, a Resolution Recommending Approval of an Amendment to the Mounds View City Code, Section 1104.01 related to Yard Requirements; Special Planning Case No. SP-212-18. Ayes – 7 Nays – 0 Motion carried. _____________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Reports A. Upcoming Planning Cases & Activity I. Comprehensive Plan Taskforce (March 13 and April 10) II. CUP Amendment, Garden City (March 21) III. Final Plat “Boulevard” (TBD) IV. Development Review Amendment “Boulevard” (TBD) City Planner/Supervisor Sevald discussed upcoming planning cases that will be addressed by the Council in the coming weeks. He noted the Comprehensive Plan Taskforce met on February 18th and will meet again on March 13th. He anticipated Garden City would be requesting a CUP Amendment to address the location of their temporary greenhouse. He noted staff was working on the Final Plat for the Boulevard, along with an Amendment to the Development Review. B. Staff Updates City Planner/Supervisor Sevald had nothing additional to report. C. Council Updates Council Member Bergeron provided the Planning Commission with an update from the City Council. He reported the Council recently denied a City Code Amendment that would allow for the discharge of firearms in the City of Mounds View. He explained the Council pass their goals and priorities for 2018, in addition to hiring a new Public Works Superintendent and Police Officer. He thanked Bethlehem Baptist for their continued generosity to the City and discussed how their most recent donation would be utilized by the City. He noted the Council canceled their worksession meeting that was scheduled for Monday, March 5th due to the weather. D. Planning Commissioner Reports None. Mounds View Planning Commission March 7, 2018 Regular Meeting Page 7 ________________________________________________________________________ 8. Approval of Minutes February 7, 2018. MOTION/SECOND: Commissioner Farmer/Commissioner Stevenson. To approve the Minutes of the February 7, 2018 regular Planning Commission meetings as presented. Ayes – 7 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, March 21, 2018 B. Wednesday, April 4, 2018 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Klebsch adjourned the meeting at 8:13 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald City Planner/Supervisor Sevald Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.