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
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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
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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
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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
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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
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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
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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.