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HomeMy WebLinkAbout01-04-2017 PLANNING COMMISSION REGULAR MEETING AGENDA January 4, 2017 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. Oath of Office for Commissioner Gary Rundle B. Resolution 1066-17, a Resolution Recommending Appointment of a Chairperson and Appointment of Vice-Chairperson 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 1065-17, Consideration of a Variance to exceed the 48”maximum fence height in a front yard, at 2401 Mounds View Blvd (Mounds View Police Dept.) 6. Other Planning Activity A. (none) 7. Reports A. Upcoming Planning Cases & Activity I. Feb 1, 2017 Review of Planning Commission Bylaws B. Staff Updates C. Council Updates D. Planning Commissioner Reports 8. Approval of Minutes: December 21, 2016 9. Next Planning Commission Meetings: A. Wednesday, January 18, 2017 B. Wednesday, February 1, 2017 10. Meeting Conclusion Item No: ___3B Meeting Date: Jan 4, 2017 Type of Business: Special Order of Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: Resolution 1066-17, a Resolution Recommending Appointment of a Chairperson and Appointment of Vice-Chairperson Introduction At the first regular meeting in January, the Commission is to recommend appointment of a Chairperson1 and Vice-Chairperson 2 who shall serve until a successor is appointed. Appointments are approved by the City Council. Discussion The Chair leads the Commission, including opening Commission meetings, facilitating each agenda item, opening & closing Public Hearings, and calling upon the applicant and general public to speak when requested. All Commission members have equal voting privileges. Election Procedure3: • 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 [Staff] 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. 1 City Code, Section 401.02, Subd 1 2 City Code, Section 401.06, Subd 1 3 Planning Commission Bylaws, Section IV (B)(3) Special Order of Business January 4, 2017 Page 2 • 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. Summary The Chair controls the flow of each Commission meeting, and serves as a resident leader of the City. The Vice-Chair serves in the absence of the Chair. Recommendation Staff recommends approval of Resolution 1066-16, recommending appointment of a Chairperson; and appointment of a Vice-Chairperson. Respectfully submitted, ________________________ Jon Sevald, AICP Planner Attachments 1. Resolution 1066-17 RESOLUTION 1066-17 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING THE APPOINTMENT OF CHAIRPERSON, AND APPOINTMENT OF VICE-CHAIRPERSON OF THE MOUNDS VIEW PLANNING COMMISSION WHEREAS, the City of Mounds View Municipal Code, Section 401 establishes a Planning and Zoning Commission, which shall be the City planning agency as authorized by Minnesota Statute §462.354, Subd 1; and, WHEREAS, the City of Mounds View Municipal Code, Section 402.01 establishes a Board of Adjustment and Appeals, of which its membership shall consist of members of the Planning and Zoning Commission; and, WHEREAS, the City of Mounds View Municipal Code, Section 401.02, Subd 1 states that based upon the recommendation of the Planning and Zoning Commission, the City Council, shall appoint a Chairperson; and, WHEREAS, the City of Mounds View Municipal Code, Section 401.06, Subd 1 states that at the first regular meeting in January, the Commission shall elect a Vice-Chairperson from among its appointed members for a term of one year; and, NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission recommends that __________________ be appointed by the City Council as the Planning Commission Chairperson; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View Planning Commission does hereby appoint ______________________ as Vice-Chairperson of the Planning Commission; and NOW THEREFORE, BE IF FINALLY RESOLVED, that the Mounds View Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Resolution 1066-17 January 4, 2017 Page 2 Adopted this 4th day of January, 2017 Gary Stevenson, Chair ATTEST: James Ericson, City Administrator (SEAL) Item No: ___5A Meeting Date: Jan 4, 2017 Type of Business: Planning Case VR2016-006 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: Resolution 1065-17, Consideration of a Variance to exceed the 48”maximum fence height in a front yard, at 2401 Mounds View Blvd (Mounds View Police Dept.) Introduction The applicant, the City of Mounds View, is requesting a Variance to the front yard fence height to allow a 72” chain link fence around the Police Department’s parking lot. Forty- eight inches is the maximum height for a fence in the front yard of a non-corner lot. Discussion The purpose of fencing the parking lot is; (1) to secure the Sally Port entrance which exits through the front yard; and, (2) to prevent children and the public from accessing the Police parking lot from the City Hall Park and playground adjacent to this parking lot. The Sally Port is the garage entrance, in which persons in custody are brought into the Police Department. A fence will serve as additional security to deter unauthorized persons from entering or exiting the Sally Port when the garage door is open. The park’s playground is immediately adjacent to the Police Department’s back parking lot where patrol vehicles are parked. The playground is fenced to deter children from accessing the lot. However, there is nothing to prevent children and the public from walking around this fence to access the parking lot. Additionally, the parking lot is accessible from the adjacent trail and ball field, and serves as a shortcut between the park and the Community Center. The City is concerned about the possibility of a pedestrian in the parking lot, not being seen when a police vehicle is making a fast exit. The fence will be gated, similar to the Public Works facility. Authorized personnel will be given a code to open the gate. To clarify, this Variance request is specific to that portion of the 72” fence within the building’s front yard (Sally Port area, and Police Dept. employee parking lot). Analysis Mounds View Municipal Code, Section 1103.08, Subd 3, limits fence height to 48” within a front yard, with two exceptions; (1) corner lots (i.e. lot with two front yards) may have a Planning Case VR2016-006 January 4, 2017 Page 2 72” fence in a front yard along the side street; and, (2) a 72” fence may be approved by the City Council as part of a Development Review or Conditional Use Permit, such was the case with the recent (Nov. 16, 2016) Public Works Facility Development Review, permitting a 72” fence in the front yard along Bronson Dr. In this case, neither of the two exceptions mentioned above apply, thus, a Variance is required. Mounds View Municipal Code, Section 1125.02, Subd 2 includes the seven criteria that must be considered by the Planning Commission when considering a Variance. This criteria and analysis is included in Resolution 1065-17. In summary, unique circumstances apply to this property in that the Police Department includes a Sally Port used for the secured transfer of persons in-custody from police vehicles into the Police Department. When the Sally Port garage door is open, there is a possibility (although, not experienced) that an unauthorized person may enter or exit the Sally Port. This Variance request differs from any property with a drive-in garage bay (e.g. warehouse) in that the Sally Port serves as a necessary function of the Police Department. Summary The City of Mounds View (applicant) is requesting a Variance to allow a 72” chain-link fence to be built around the Police Department’s parking lot, a portion of which is located in the front yard. The maximum front yard fence height permitted is 48”, requiring a Variance. A Public Hearing notice was published in the New Brighton/Mounds View Sun Focus on December 23, 2016, and mailed to property owners within 350’ of the subject property. Recommendation Staff recommends approval of the Variance contingent upon complying with the conditions in Resolution 1065-17. The Planning Commission is requested to consider the following options: 1. Resolution 1065-17, approving the Variance is attached if the Commission chooses this action. 2. The Planning Commission may choose to deny the Variance. 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. Planning Case VR2016-006 January 4, 2017 Page 3 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: February, 10, 2017) the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, ________________________ Jon Sevald, AICP Planner Attachments 1. Applicant’s Site Plan (Narrative) 2. Zoning Map 3. Aerial Map 4. Site Photos 5. Resolution 1065-17 Applicant’s Site Plan (Narrative) Aerial Map Zoning Map Site Photos Figure 1: Sally Port entrance is the garage door at left. Approximate location of 6' chain-link fence. Red diagram is for illustration only (not to scale). Figure 2: Approximate location of chain-link fence. Red diagram is for illustration only (not to scale). RESOLUTION 1065-17 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW A SEVENTY-TWO INCH TALL FENCE IN A FRONT YARD, WHEREAS FORTY-EIGHT INCHES IS THE MAXIMUM HEIGHT PERMITTED, FOR PROPERTY LOCATED AT 2401 MOUNDS VIEW BLVD. (POLICE DEPT.) MOUNDS VIEW PLANNING CASE VR2016-006 WHEREAS, the property owner, City of Mounds View, has requested approval of a Variance to exceed the maximum fence height, to build a seventy-two inch tall chain-link fence around the Police Department’s parking lot, located at 2401 Mounds View Blvd. Mounds View, MN, and legally described as: Lot 1, Block 1 of Mounds View City Hall Addition PID: 08-30-23-22-0042 WHEREAS, the above described lands are zoned B-3 Highway Business, and designated as Institutional in the Comprehensive Plan; and, WHEREAS, The City of Mounds View Municipal Code, Section 1103.08, Subd 3(a) allows a maximum front yard fence height of 48” for non-corner lots; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Applicant’s Site Plan (Narrative) 3. Zoning Map 4. Aerial Map 5. Site Photos (Dec 20, 2016) WHEREAS, the Mounds View Planning Commission held a duly-noticed Public Hearing regarding this request on January 4, 2017; and, Resolution 1065-17 January 4, 2017 Page 2 WHEREAS, The City of Mounds View Municipal Code, Section 1125.02, Subd 2 provides criteria for granting a Variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owner’s land. A Variance may be granted only in the event that all of the following circumstances exist; and, NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that the criteria as identified in Section 1125.02, Subd 2 are satisfied and finds there to be sufficient practical difficulty with regards to the property located at 2401 Mounds View Blvd., and makes the following findings of fact to its decision: a. The variance is in harmony with the general purposes and intent of this Title. Finding: The Variance is in harmony with the general purposes and intent of the Mounds View Municipal Code. b. The variance is consistent with the comprehensive plan. Finding: The Variance request is consistent with applicable sections of the Comprehensive Plan, including; Goal 1: Maintain a cohesive land use pattern that ensures compatibility and functional relationships between activities and uses. Policy j: Protect integrated use districts (residential neighborhoods, commercial centers, industrial parks) from penetration by through traffic. The City shall work to correct traffic problems (such as through traffic) as opportunities arise. Policy k: Require and maintain buffering and visual separation between differing land uses, when possible. Policy l: Strive for compatibility of adjacent land uses. The subject property includes a conflict between pedestrian traffic associated with the park, and vehicular traffic associated with the Police Department. Use of a 72” fence round the Police parking lot will buffer the conflicting uses, so that they may be more compatible. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. Finding: The proposed installation of a 72” tall chain-link fence in the front yard is a reasonable use of the property, to secure access to the Sally Port. Resolution 1065-17 January 4, 2017 Page 3 d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. Finding: Unique circumstances of this property include the use of the property as a Police Department and its requirement of a secured area around its Sally Port, together with the adjoining use of a City Hall and park, open for public use and enjoyment. To protect the public’s health and safety, a 72” tall fence provides a minimal separation between public areas and police activities. e. The variance does not alter the essential character of the neighborhood. Finding: The Variance does not alter the essential character of the neighborhood. The property (City Hall Park) includes chain-link fences of various heights. The property across the street (Community Center) includes a 72” chain-link fence in a front yard for use by a daycare. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Finding: A 72” fence is the minimum height necessary to deter trespassers, and protect the public. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, approves the Variance request of the City of Mounds View (property owner) to increase the maximum fence height in a front yard, from 48” to 72”, for property at 2401 Mounds View Blvd., subject to the following conditions: 1. The applicant shall construct the chain-link fence in compliance with the Mounds View Municipal Code, and consistent with the site plan included in the Staff Report. Adopted this 4th day of January, 2017. _____________, Chair ATTEST: (SEAL) James Ericson, City Administrator DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 21, 2016 Mounds View City Hall 2401 County Road 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Vice Chair Love at 7:00 p.m. for December 21, 2016. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners French, Klander, Klebsch, Love, and Schiltgen. Absent and Excused: Commissioners Rundle and Stevenson. Also Present: Planner Jon Sevald and Council Member Gary Meehlhause. ______________________________________________________________________________ Index to Minutes Page Resolution Approving 2017 Planning Commission Meeting Dates 2 Approval of Minutes 3 _____________________________________________________________________________ 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases None. _____________________________________________________________________________ Mounds View Planning Commission December 21, 2016 Regular Meeting Page 2 ________________________________________________________________________ 6. Other Planning Activity A. Resolution 1064-16, A Resolution Approving 2017 Planning Commission Meeting Dates. Planner Sevald requested the Commission approve a Resolution approving the 2017 Planning Commission meeting dates. It was noted the Commission meeting dates would remain the first and third Wednesdays of each month at 7:00 p.m. Commissioner Schiltgen stated he would not be in attendance at the July 5th meeting. MOTION/SECOND: Commissioner Klebsch/Commissioner Schiltgen. To approve Resolution 1064-16, a Resolution Approving 2017 Planning Commission Meeting Dates. Ayes – 5 Nays – 0 Motion carried. 7. Reports A. Upcoming Planning Cases & Activity i. January 4 – Appointment of Chairperson, Vice-Chairperson ii. February 1 – Review of Planning Commission Bylaws Planner Sevald discussed upcoming planning cases and noted the items that would be addressed by the Commission in the New Year. He explained the Police Department is requesting to construct a six-foot chain link fence around their property, which will require a variance to exceed the maximum 4’ fence height in a front yard. B. Staff Updates Planner Sevald provided the Commission with an update from staff. He reported the City Council appointed Commissioner Rundle to serve another three-year term on the Planning Commission. He further discussed staff’s work on the Comprehensive Plan update. He encouraged the Commission to provide him with any comments or questions they may have regarding the Comprehensive Plan. Vice Chair Love wanted to ensure the City did not become too over-populated on the coming years. She encouraged the City to set aside the proper amount of park space for its residents. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He explained the Council recently approved the 2017 budget and tax levy. In addition, the Council recommended the purchase and implementation of body cameras for the Police Department. It was noted a Special Election would be held in March to fill the vacant City Mounds View Planning Commission December 21, 2016 Regular Meeting Page 3 ________________________________________________________________________ Council seat. The timeline for the Special Election was described in detail. He commented on the Mayor sendoff event held yesterday noting the event was well attended. D. Planning Commissioner Reports Commissioner Schiltgen stated he attended CPR training on December 7th with the Police Department. He explained the Police Department was working to become a Heart Safe Community and was looking to train 1,400 members of the City. Commissioner Schiltgen thanked Planner Sevald and Council Member Meehlhause for their strong leadership on behalf of the City. Commissioner Klander asked if any members were interested in serving as Chair or Vice Chair of the Commission in 2017. Commissioner Schiltgen stated he has served as Vice Chair and was in favor of Gary Stevenson remaining Chair of the Planning Commission in 2017. Vice Chair Love stated she would like to see another member serve as Vice Chair in 2017. 8. Approval of Minutes November 16, 2016. MOTION/SECOND: Commissioner Schiltgen/Commissioner Klebsch. To approve the Minutes of the November 16, 2016 regular Planning Commission meetings as presented. Ayes – 5 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, January 4, 2017 B. Wednesday, January 18, 2017 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Vice Chair Love adjourned the meeting at 7:29 p.m. ______________________________________________________________________________ Mounds View Planning Commission December 21, 2016 Regular Meeting Page 4 ________________________________________________________________________ Respectfully submitted, Jon Sevald Planner Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.