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Home My WebLink About02-17-2016I h MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA February 17, 2016 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business (none) 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, give your full name and address for the record.) 5. Planning Cases A. Planning Case: M12016-001 Minor Subdivision Applicant: Terry Buchanan Owners: Kayak Properties, Inc. Address: 7800 Edgewood Rd 6. Other Planning Activity A. Consideration of Res 1042-16, a Resolution updating the Planning & Zoning Commission Bylaws. B. Consideration of Res 1044-16, a Resolution recommending approval of a code amendment to Chapter 1120 of the Zoning Code, pertaining to PUD's. 7. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 8. Approval of Minutes: February 3, 2016 9. Next Planning Commission Meetings: A. Wednesday, March 2, 2016 B. Wednesday, March 16, 2016 10. Meeting Conclusion RU RIFURN, City of Mounds View Staff Report Item No: 5A Meeting Date: February 17, 2016 Type of Business: Planning Case To: Mounds View Planning Commission From: Jon Sevald, Planner Item Title/Subject: Resolution 1043-16, Consideration of a Minor Subdivision at 7800 Eastwood Rd; Planning Case M12016-001 Introduction: The applicant, Terry Buchanan, has requested a minor subdivision to divide the lot at 7800 Eastwood Road into Parcel A (27,653 sq ft) and Parcel B (13,972 sq ft). The existing home will remain on Parcel A, while Parcel B is intended to be sold. Discussion: A Minor Subdivision is a division of land less than two acres in size in which no more than one additional parcel or lot is created. 7800 Eastwood Rd currently has a house and attached garage on the property. The house is on the north side of the lot, and will remain after the subdivision. The property is zoned R-1 Single -Family Residential. The Comprehensive Plan guides the property for Single -Family Detached residential. Surrounding uses include single- family residential to the north and east, and multi -family (Silver Lake Commons) to the southwest. Table 1 Lot Dimensions (R-1 Dist, interior lot) 1 Zoning Code, Chapter 1104.01, Subd 3(a): [summarized] The minimum front setback is 30' unless the homes on the block are all set back more than 30', in which case the home closest to the street represents the prevailing setback for that block (e.g. 55' in this case). Required Existing Proposed Parcel A Lot Area 11,000 sq ft 41,817 sq ft 27,653 sq ft 0.25 ac 0.96 ac 0.63 ac Lot Width 75' 270' 113' Front Setback 55' 63' 63' Side Setback 10' house 43' (north side) 43' (north side) 5' garage 80' (approx., south side) 5.5' (south side) Rear Setback 30' 90' (approx.) 90' (ap rox. Parcel B Lot Area: 11,000 sq ft N/A 13,972 sq ft 0.25 ac 0.32 ac Lot Width 75' 156' Front Setback 55'1 55' Side Setback 10' house 10' 5' garage 5' Rear Setback 30' 30' 1 Zoning Code, Chapter 1104.01, Subd 3(a): [summarized] The minimum front setback is 30' unless the homes on the block are all set back more than 30', in which case the home closest to the street represents the prevailing setback for that block (e.g. 55' in this case). 7800 Eastwood Rd Minor Subdivision Staff Report February 17, 2016 Within the R-1 District, driveways are required to be set back a minimum of 5' from the side property line (curb opening requires a minimum of 3' from side property line). The existing driveway encroaches onto Parcel B. The applicant proposes to relocate the driveway and curb opening to comply with setbacks. Park Dedication Requirements Subdivisions of land are subject to park dedication requirements consistent with Chapter 1204 of the City Code. Staff suggests the park dedication fee be based only on the land value of the new vacant lot (Parcel B) since there has been a house at 7800 Eastwood Rd since 1949. For minor subdivisions, the park dedication fee is typically 5% of the current year market value as determined by Ramsey County. In this case for 2015, the land value per square foot is $1.55 X 13,972 sq ft = $21,656 X 5% = $1,082 park dedication fee. The City Council will make the final determination on the park dedication fee amount. This fee must be paid prior to the City giving the applicant the approved documentation for recording with Ramsey County. Easements With most subdivisions, the City requires the owner to dedicate drainage and utility easements around the perimeter of the lot (10' front & rear, 5' side). Parcel B includes a larger easement in the rear of the property to accommodate surface water drainage. Public Notice No public notice is required for a minor subdivision. Summary The applicant is proposing to subdivide the property located at 7800 Edgewood Dr. into two parcels. All minimum City requirements will be met. Recommendation: Staff recommends approval of the Minor Subdivision contingent upon complying with the conditions in Resolution 1043-16. Respectfully submitted, Jon Sevald, AICP Planner Attachments: 1. Zoning Map 2. Aerial Map 3. Site Photos 4. Certificate of Survey 5. Resolution 1043-16 7800 Eastwood Rd Minor- Subdivision Staff Report February 17, 2016 Zoning Map (7800 Eastwood Rd (outlined in red); R1 Single Family Residential) 7901 79007900 7790 CI �� cp 7900 WILLIi CA 7764 Uj - - UJ - -toao 77�� 7 67 0 ' , 77 ROAD 78 a — 7885f 77 758+x" 1 I 786 7730' 7 ` - D 7877 IZI 7745 854- - 787 cn 7715 7867 N .... .... e a l a a• .. a. + e . a a. a s . ¢�J as+•k ...... _s 7901 7790 CI �� cp 7900 713 CA 7764 Uj - - UJ 77 - 77�� 7 67 0 ' , 77 ROAD 7750, ,' 77 7755 7730' 7,95 7890! 7745 7710 77 7715 7867 78701 7851 78 6.0 7850 1 7840 7 7 7815 7790 CI �� 0 -777 0 713 71801 7764 Uj - - UJ 77 - 77�� 7 67 0 ' , 77 7761' 7750, ,' 77 7755 7730' 77 7745 7710 77 7715 -_.-- -'tet ni CD Ln 0 LO 'In C4 N N 04 (Parcels not designated with a Zoning District are Zoned R-1, Single -Family Residential) 7800 Eastwood Rd Minor Subdivision Staff Report February 17, 2016 Aerial Map: 7800 Eastwood Rd (highlighted in red) 2665 t V 2"3 10 1 'P7 2631* t7 rc LS 1 -4 Ilk 1: .2 1 77 51 Nk, 0 50 100ft WIT -'7 AL T1. J lot, 7831 2665 t V 2"3 10 1 'P7 2631* t7 rc LS 1 -4 Ilk 1: .2 1 77 51 Nk, 0 50 100ft Vs., \,\ I //f�f� "l j$ 0'.4'�� r �y .:r ',t'`y 'l C "•4'`C '� � � '..f. w��► �>;� fa �.�r ...�� .Q �. `y'�E Seo` &L .rR( 1r `y,�'�"`, 'j� �' � �'�it, �if. "�, ��v,r�.! .; ' �� s''��"' •.`� �°` �'�' ..-. ,gyp. ��1�. c -s ...R ._ v H'r• � �.. he i�h. bTa -...t iY' � �1 fai �1 OWN&- �' r - �� rr• fit- ,,•�J��'�i� .� -�� t }i `, I tai j- �y•• .1 ? �i•�Jt/\j' _ :t- is �.- i "Zt !�; - (1 t i ,Cli•I .11. Ii-'.' 11h14; '•. A4j't. U,t• r l �ljy �. 1 to .i.. i iry 1. �'7( -;,r �;�+�g/1 �i.�( � •�,ff � IL, CERTIFICATE OF SURVEY (SHEET 1 OF 2 SHEETS) FOR: TERRY BUCHANAN PROPERTY ADDRESS: #7800 EASTWOOD ROAD, MOUNDS VIEW, MN P.I.D.#06-30-23-44-0050 SHOWING PROPOSED LOT SPLIT 9123 1/2" IRON PIPE g13� V3 913.2 I gr1�5 3 I O10, I I 19,3 N88021'51"E�- W g11" \ 19133 308.36 (308.3-13100 9129 x912• 912• 1 g10g j0 ,9 X x x x xI \g13.2 w 913• a •. •� . - . - . - g13't - .1}12' :.-.:....:..-....-.:5i.-�� x } 3 9+` .5_ Ut..... .................................... 110 \ ti :-..�+ : • ' : I 0 \ . x + L :... ....... 9, x Q 9 8 10 I ` I x91p790 10.'1 910:1 r ,ice' ✓ `�• \ �+ x i i 24.5 g11Tdg I x Parcel "A° P W +� 106 9,,.a v) 2 10.6 C I .. 1 I 27,653± sq.ft. _ �& x II o C 0.63 acres 1x 6 = 0 911.1 910.3. N Oa W 912.2 911. gp9 N 5r I O //9126 \ x911.8 ;'0.5x W 10.1 / •\ ' d � 911.0 10 j I Nv Q I ui' R2'1 1A 9 B10 A �a \j-3 - __ a 1 .3 _0 0 g10 SCE Q ::9044" i 28.4 9,1 1 • �1 � s10 i � EX. CURB N 9 1c�� CUT TO BE $g8'21'51'1M r: 910,9. _ _ . 0. 910 O RELOCATED o . SB x5 U1 10. 910.1 SC 4 � (code states W.. I curb cut to ox :'i pc g10 g- 911 be minimum 40 / \ 913 OX i 909' I g IW of 3' from .xg116 rW, Prop. line / 41 g10.Parcel 'V: g10. I. g -(C `l IN FEET' 1°p W I / i x .• x •: `.13,972± s .ft. I � >911 soa.e 0.32 acr s µ 1 inch = 40 ft �� •Fs12RCP-sw .'.�'•. \ NORTH _�``. Le o E 1', �• RIM=9910.0 ? INV.=899.1 O I o Ir3 I ZONING/SETBACK/DEVELOPMENT INFO. ss __ ---► I - PROPERTY ZONED R1 HOWEVER IT ABUTS R4, R3 AND \ I I OTHER ZONING DISTRICTS. - R1 MINIMUM PROPERTY AREA = 11,000 SQ.FT. - MINIMUM FRONT YARD SETBACK = 30 HOWEVER Where 1I 9105 910.69 O� principal buildings in existence on lots within the same �. block on the same side of the street have front yard .! NUT Fl setbacks different from those required, the minimum 1' IRowBA oo.e HYu. - 912 1 front yard setback for any new principal buildings shall be (0.7',EAST) ; 6 the minimum front yard setback in existence for any one LEGEND lot. In no case shall the front yard setback be less than thirty feet (30) • DENOTES IRON MONUMENT FOUND I I - MINIMUM LOT WIDTH = 75' x DENOTES EXISTING FENCE X1011.2 DENOTES EXISTING ELEVATION. BENCHMARK 0 DENOTES CONCRETE DENOTES BITUMINOUS BASIS FOR ELEVATION: NAVD 88 (VIA REAL TIME GPS se MEASUREMENTS UTILIZING MINNESOTA DENOTES BUILDING SETBACK LINE (TO BE DEPARTMENT OF TRANSPORTATION VRS NETWORK) VERIFIED &APPROVED BY CITY) co, DENOTES UTILITY POLE BASIS FOR BEARINGS: NAD83 (1996) (VIA REAL TIME ® DENOTES UTILITY BOX GPS MEASUREMENTS UTILITIZING MINNESOTA DENOTES FIRE HYDRANT DEPARTMENT OF TRANSPORTATION VRS NETWORK). °hw DENOTES OVERHEAD WIRE rev. 02/11/16, city comments rev. 02/09/16, city comments EXISTING PROPERTY DESCRIPTION I hereby certify that this survey, plan Lot 77, SPRING LAKE PARK HILL VIEW, Ramsey County, or report was prepared by me or Minnesota. under my direct supervision and that I NOTES am a duly Registered Land Surveyor under the laws of the State of - NOTE: BOUNDARY SHOWN SUBJECT TO REVISION. Minnesota. - CITY TO VERIFY ALL BUILDINGS ELEVATIONS AND SETBACKS. - Bearing's shown are on assumed datum. ERIC R. VICKARYOUS - Field survey conducted on 12/22/15. Date: Jan. 27th, 2016 Reg. No. 44125 - This survey was prepared without the benefit of ACRE LAND SURVEYING , titlework. Easement, appurtenances and encumbrances $erAM TwinCKIm Metro _ may exist in addition to those shown hereon. This area and beyond III survey is subject to revision upon receipt of a title insurance commitment or attorneys title opinion. J763-458-2997 acrelandsurve a' gmail.com - Curb shots taken at top and back of curb. JOB #15600 IO �� 12 13 14 15 15 17 18 19 110 111 112 113 04 115 115 117 118 119 120 Ci\Users\Erle\OneDrive\CAD-1D\15600pp-MndsView\dwg\15600pp.dwg 2/11/2016 1047130 AM CST CERTIFICATE OF SURVEY (SHEET 2 OF 2 SHEETS) FOR: TERRY BUCHANAN PROPERTY ADDRESS: #7800 EASTWOOD ROAD, MOUNDS VIEW, MN P.I.D.#06-30-23-44-0050 SHOWING PROPOSED LOT SPLIT 0-9 EXISTING PROPERTY DESCRIPTION Lot 77, SPRING LAKE PARK HILL VIEW, Ramsey County, Minnesota. ,1 `; ' I N88-21-5 111E 1913, 308.36 (308.3 -plat) x x— x x x x Em—'——.—.—.—.—.—'---—'---'—' �\ 3 - Parcel A" -r NORTH 27,653± sq.ft. \ 0.63 acres A I I I I !t I 0 40 ( IN FEET ) 1 inch = 40ft 091A•a 1/2" IRON PIPE 0 WW NE corner of Lot 77-*, —.—..._. —11V. RI CH 110 b I I I I 24.s ----- 63.3---- ,� a W cn 2 ° g 0 a 30. x 4 r� `p a w 10.1 O i i 1 12.1 110 GAR. I 4 I I I N 0 0 N 58LOUi c . w Iw PROPOSED- X110 ono SETBACK LINES 4 0 gi I --------- 114 4 -------- --V Parce "B" 13,972± s ft. 0.32 acr s I µ� -- h55 --- - Q as --- � ,71 4 o PARCEL "A" PROPERTY DESCRIPTION PROPOSED PA That part of Lot 77, SPRING LAKE PARK HILL VIEW, Ramsey County, Minnesota, which lies northerly of the following described line and its t1 t wes er y ex ension. _ Commencing at the northeast corner of said Lot 77; thence South 00 � degrees 40 minutes 10 seconds East (assumed bearing) along the east \. \ line of said Lot 77 a distance of 113.58 feet to the point of beginning, \ ' 1" IRONiBA of the line to be described; thence South 88 degrees 21 minutes 51 ( 0.7' EAST) seconds West a distance of 178.65 feet to the southwesterly line of said / Lot 77 and said line there terminating. / I Subject to an easement for public drainage and utility purposes over, area and beyond III k'763-458-2997 under and across the north 5.00 feet, the east 10.00 feet, south 5.00 acrelandsurveyr@gmail.com feet and the southwesterly 10.00 feet of the above described property. IB 11 12 13 14 15 10 17 18 19 110 X11 112 113 04 115 pe 117 11B j19 X20 PROPOSED PARCEL "B" PROPERTY DESCRIPTION �O CUT TO � RELOCATED r (note: city code states curb cut to I— be minimum (n of S from prop. Iino W I I s--0 RIM910.0 INV =899.1 I I I I I i0P NUT Fl HYD. - 912. 1 , That part of Lot 77, SPRING LAKE PARK HILL VIEW, Ramsey County, Minnesota, which lies southerly of the following described line: Commencing at the northeast corner of said Lot 77; thence South 00 degrees 40 minutes 10 seconds East (assumed bearing) along the east line of said Lot 77 a distance of 113.58 feet to the point of beginning of the line to be described, said point to be hereinafter referred to as "Point A"; thence South 88 degrees 21 minutes 51 seconds West a distance of 178.65 feet to the southwesterly line of said Lot 77 and said line there terminating. Subject to an easement for public drainage and utility purposes over, under and across the north 5.00 feet, the east 10.00 feet, and the southwesterly 5.00 feet of the above described property. And subject to an easement for drainage and utility purposes over, under and across that part of the above described property which lies westerly of east 114.04 feet thereof. rev. 02/11/16, city comments rev. 02/09/16, city comments I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. A CRE LAND SURVEYING Serving Twin Cities Metro = ... area and beyond III k'763-458-2997 ERIC R. VICKARYOUS acrelandsurveyr@gmail.com Date: Jan. 27th, 2016 Reg. No. 44125 TOB #15600 f IB 11 12 13 14 15 10 17 18 19 110 X11 112 113 04 115 pe 117 11B j19 X20 Ci\Users\Eric\OneDrlve\CAD-1D\15600pp-MndsVlew\dwg\15600pp,dwg 2/11/2016 1047130 AM CST MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1043-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE MINOR SUBDIVISION OF 7800 EASTWOD ROAD; PLANNING CASE NO. M12016-001 WHEREAS, Terry Buchanan has requested approval of a minor subdivision to split 7800 Eastwood Road into two parcels; and, WHEREAS, the property is zoned R-1, Single Family Residential, and legally - described as: Lot 77, Spring Lake Park Hill View, Ramsey County, Minnesota PIN 06.30.23.44.0050 WHEREAS, the Applicant proposes lots; the north lot will include the existing intended for single-family residential; and, to subdivide 7800 Eastwood Rd into two house, and the south lot will be vacant, WHEREAS, the Planning Commission has reviewed the Applicant's request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and, WHEREAS, the Planning Commission finds that the Applicant's request for a minor subdivision is in conformance with the Comprehensive Plan; and, WHEREAS, in accordance with Section 1204.02, Subd. 4 of the Municipal Code, a park dedication fee will be required, with the amount to be determined by the City Council, based on the 2015 Ramsey County assessed market land value. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the minor subdivision of 7800 Eastwood Rd. subject to the following stipulations: 1. The Applicant shall complete any and all requirements after final review of the Certificate of Survey and title commitment by the City Attorney. Resolution 1040-16 Page 2 2. The Applicant shall arrange to amend the Certificate of Survey if any changes are required by Ramsey County. 3. The Applicant shall pay to the City, a park dedication fee and all other fees associated with this subdivision request. 4. The Applicant shall realign the driveway and curb opening on Parcel A, compliant with City Code 1121.09, Subd 5 "Curb Cuts and Driveway Openings", and restore the south side yard as lawn at the time the driveway is realigned/replaced. 5. The Applicant shall agree to the dedication of drainage and utility easements as shown on the Certificate of Survey. 6. The Applicant shall have 6 months from final approval to file proper documentation with Ramsey County, including new deeds and easement documents, and furnish proof of such recording to the City. 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 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 17" day of February, 2016. Gary Stevenson, Chairperson ATTEST: James Ericson, City Administrator (SEAL) MOUNDS1VI�v Item No: 6A Meeting Date: February 17, 2016 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, City Administrator Item Title/Subject: Review the Planning and Zoning Commission Bylaws Introduction: The Planning Commission's Bylaws state that the Commission shall review the Bylaws on an annual basis, at the first regular meeting in February. The Commissioner reviewed the Bylaws on February 3, 2016, and requested additional review regarding Section 10C, Ex Parte Contacts. Discussion: Staff requested that The City Attorney review the "Ex Parte Contact" language, which has not changed in twenty years, to determine if revisions could be made to "soften" the tone without losing the intent of the section. The intent of the section is simply to provide assurances that requests before the Commission are discussed and considered at the meeting in a public, open forum, rather than commissioners making decisions based on information unknown to other commissioners, or the public, for that matter. The City Attorney has prepared recommended changes to the Ex Parte Contact language which the Commission may find suitable. In addition, the Bylaws were amended to reflect current staffing by removing references to the Community Development Director. Recommendation: Review the revised Bylaws for the Planning Commission. If the Commission finds the proposed changes acceptable, a resolution can be acted upon to effectuate the changes. Sincerely, James Ericson City Administrator Attachments Resolution 1042-16 Planning and Zoning Commission Bylaws MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1042-16 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 of the 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 by this reference, and that the Bylaws as shown in Exhibit A supersede previous adopted versions of the Bylaws. BE IT FURTHER RESOLVED that these revised Bylaws shall be kept on file with the City 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. Attest: Adopted this 17th day of February, 2016. Gary Stevenson, Chairperson James Ericson Community Development Director EXHIBIT A CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised January 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. ADOPTION AND AMENDMENT. The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of members 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 City Administrator, Develepment, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes. B. ELECTIONS; TERMS 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. Page 2 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. 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 of Adjustment 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 immediately following 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 City Administrator, or designated staff liaison DiFeGtGr of GE)MR; inity Deve!Gn►,-,on+, 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 City Administrator, or designated staff liaison, DiFe Gt F of GeMM Rity Develepmen+ by the Chairperson or two Commission members, or by the City Administrator, or designated staff liaison Dire,,+„r of . (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 City Administrator, or designated staff liaison, Deyelenf eRt shall post and mail a notice of any special meeting 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. Page 3 5. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or City Administrator, or designated staff liaison, DiFeGter of (;emmi Rity Deyelnnmonf 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 by the 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 Dire^+nr of Community Development Department which may be reviewed from time to time as needed. VI I. INFORMATIONAL PACKETS: Each Commissioner shall 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. Page 4 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 CSC Administrator, or designated staff liaison D*reGteF Gf f /lrr,MURity Develepmen+ 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 regularly scheduled meetings or more than six regularly scheduled 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. 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. 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. Page 5 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 -Kate and better suited for Commission meetings and Planning Commission practice is that all testimony needs to be offered at the hearing for such matter to ensure a fair hearing for all parties. IR all etheF Gases, Planning Commissioners should diSGeUFageU oont^tS ^nom' sheu i -avoid expressing any opinion as to the merits of the case outside of Commission meetings. When ex parte contacts occur, the Planning Commissioner is responsible for notifying the COMM Rity no„elepMeRt Di eGtsf-, appropriate City staff and for conveying the substance of th-e any ex parte communication to other Commission members at the next commission meeting at which the matter discussed is under consideration. No decision by a Planning Commissioner shall be based on ex parte information obtained outside of a meeting that is not available to other Commission members. ATTEST: Gary Stevenson, Chairperson James Ericson, City Administrator Page 6 Revision History: February 17, 2016 January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990 Item No: 613 Meeting Date: Feb 17, 2016 Type of Business: Special Planning Case 199-16 M6U-NDS VIEW MEMO To: Mounds View Planning Commission From: Jon Sevald, Planner Re: Resolution 1044-16, Recommendation approval of a Text Amendment to Zoning Code 1120.03, Subd 3(b) Mixed Use Planned Unit Development; Minimum Project Size Date: Feb 17, 2016 Discussinn ° The Zoning Code requires Mixed -Use Planned Unit Developments (PUD) to have a minimum project size of 5 acres. Staff is recommending this be changed to 4 acres in order to accommodate smaller developments. Zoning Code 1119 thru 1120 regulates PUD's. The purpose of permitting PUD's is "to provide for the integration and coordination of land parcels as well as the combination of varying types of residential, commercial and industrial uses." In laymen's terms, a PUD is a type of development that exceeds minimum standards in some areas, but not in others. It is a type of development that is "outside the box" of typical developments. PUD's are permitted within a PUD zoning district. There are three types of PUD's. In order to rezone a property to PUD, the ordinance requires a minimum "project size" (not parcel size) of: Residential: 3 acres (2 acres, if Senior Housing) Commercial/Industrial: 5 acres Mixed Use: 5 acres The City of Mounds View acquired land at the south intersection of Co Rd 10 and Greenfield Ave. and has been marketing the land (4.25 acres, including Greenfield Ave. ROW) for redevelopment. A developer has approached the City for a multi -family residential project (The Flats at Crossroad Pointe) on a portion of the property. The remaining property could be redeveloped as commercial or mixed-use. A Mixed -Use PUD would be appropriate for this project, if complying with the minimum project size. Recommendation: Staff recommends amending Zoning Code 1120.03, Subd 3(b) to allow Mixed Use PUD's a minimum of 5 4 acres in project size, as included in the attached resolution. Iters No: 6B Meeting Date: Feb 17, 2016 Type of Business: Special Planning Case 199-16 Respectfully submitted, Jon Sevald, AICP Planner Attachments 1. Zoning Map 2. Resolution 1044-16 B L A I N E Item No: 6B Meeting Bate: Feb 17, 2016 Type of Business: Special Planning Case 199-16 8 L A I N E -- _-�i`--t�� "ice ��J - c _---• 1 �t �r-._....;� C4 PLIS LEGEND AT 20NINC DISTRICTS •R^1 SIHOLE-FAMILY RESIDEIITIAL B-2 1000 R-2 SINGLE h TWO FAMILY RESIDENTIAL 0 1000 R-3 MEDIUM DENSITY RESIDENTIAL 500 i R -A HIGH DENSITY RESIDENTIAL 8 L A I N E -- _-�i`--t�� "ice ��J - c _---• 1 �t �r-._....;� C4 PLIS LEGEND 20NINC DISTRICTS •R^1 SIHOLE-FAMILY RESIDEIITIAL B-2 LIMITED BUSINESS R-2 SINGLE h TWO FAMILY RESIDENTIAL 0-3 HIGHWAY BUSINESS R-3 MEDIUM DENSITY RESIDENTIAL 0-4 REGIONAL BUSINESS R -A HIGH DENSITY RESIDENTIAL 1-1 INDUSTRIAL R-5 MOSILE HOVE PF PUBLIC FACILITIES R-0 RESIDENTIAL/OFFICE PUD PLANNED UNIT DEVELOPMENT 8-1 NEIGHBORHOOD BUSINESS CRP CONSERVANCY. RECREATION k PRESERVATION AREAS NOT LABELED ARE R-1 DISTRICTS 1��q-�c I 1A Jam% S) V _ E� (DN,{�(__; LAKES/OPEN WATER UNIMPROVED ROAD Updated: Mar. 2015 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1044-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 1120 OF THE MOUNDS VIEW CITY CODE PERTAINING TO PLANNED UNIT DEVELOPMENTS; SPECIAL PLANNING CASE 199-16 WHEREAS, City staff has recommended that amendments be made to the City Code relating to Planned Unit Developments; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation that the minimum project size for Mixed -Use Planned Unit Developments be decreased from five (5) acres to four (4) acres; and, WHEREAS, City staff has amended Title 1120 of the Mounds View City Code by deleting the str language and adding the underlined text as follows: 1120.03: SPECIAL REQUIREMENTS AND STANDARDS: Subd. 3. Mixed Use Planned Unit Development: b. Minimum Project Size: The tract of land for which a mixed use PUD is proposed shall not contain less than five (5) four 4 acres. 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 amendments to Title 1120 of the Mounds View City Code 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 17th day of February, 2016. Resolution 1044-16 Page 2 Gary Stevenson, Chair ATTEST: James Ericson, City Administrator (SEAL) PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 3, 2016 Mounds View City Hall 2401 County Road 10, Mounds View, MN 55112 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for February 3, 2016. 2. Roll Call Members Present: Commissioners French, Klander (arrived at 7:10 p.m.), Klebsch, Love, Rundle, Schiltgen, and Stevenson. Absent and Excused: None. Also Present: City Administrator Jim Ericson; Planner Jon Sevald; and Council Member Gary Meehlhause. Index to Minutes Page VR2016-001 Variance Request for a Reduced Driveway Setback 2 Review the Planning and Zoning Commission Bylaws 3 Approval of Minutes 4 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. 5. Planning Cases Mounds View Planning Commission Regular Meeting February 3, 2016 Page 2 A. VR2016-001 Variance Request for a Reduced Driveway Setback Applicant: James Cigelski, The Asphalt Company Owners: Joe and Gina Diekman Address: 2200 Hillview Road City Administrator Ericson stated the applicant, Jim Cigelski, representing property owners Joe and Gina Diekman, is requesting approval of a variance for a reduced driveway setback at 2200 Hillview Road. The applicant replaced the Diekman's driveway in 2015 and was told after the work had been completed that the driveway was too close to the property line by a foot and a half. Staff noted the required setback is five feet. Mr. Cigelski contends that the driveway was replaced in the same place as the original driveway. A review of historical aerial overlays would seem to support this statement. Rather than remove part of the driveway, the applicant and the owners are requesting a variance to allow the driveway to remain in place as is. The previous driveway appears to have been located with a 3.5 -foot setback. It was noted the adjoining property at 2192 Hillview Road also has a driveway with a 3.5 -foot setback. Staff reviewed the variance criteria in detail and recommended the Planning Commission hold a public hearing and approve the variance as requested. Chair Stevenson questioned why a public hearing was required. City Administrator Ericson stated Minnesota State Statutes establishes when public hearings are required. He explained variances require public hearings as it allows neighboring property owners a chance to voice concerns based on the requested deviation from City Code. Chair Stevenson opened the public hearing at 7:10 p.m. Commissioner Klebsch asked if the neighboring property owner would be required to obtain a variance. City Administrator Ericson stated a variance would not be required unless the driveway was replaced. Commissioner Schiltgen questioned how the City found out about the driveway situation. City Administrator Ericson reported the driveway work was completed by the contractor prior to receiving a permit from the City. Chair Stevenson encouraged all contractors and residents to obtain a permit with the City prior to completing any work. Chair Stevenson closed the public hearing at 7:13 p.m. MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution 1041-16, a Resolution Recommending Approval of a Variance for a Reduced Driveway Setback at 2200 Hillview Road; Planning Case No. VR2016-001. Ayes — 7 Nays — 0 Motion carried. Mounds View Planning Commission Regular Meeting 6. Other Planning Activity February 3, 2016 Page 3 A. Review the Planning and Zoning Commission Bylaws City Administrator Ericson reviewed the Planning and Zoning Commission Bylaws with the Commission. He noted one change would be made to the bylaws regarding ex parte contacts. He discussed the language change in detail and explained the intent was to have all decisions made by the Commission to be done at meetings. He believed the language was a bit heavy- handed at this time and was in favor of the City Attorney revising the verbiage to be more in line with the times. Chair Stevenson stated in his 20 years of service on the Planning Commission he has only received a handful of calls. City Administrator Ericson asked if the Commission had any other comments or concerns regarding the bylaws. There were no additional comments. 7. Reports A. Upcoming Planning Cases & Activity City Administrator Ericson provided an overview on upcoming planning cases. He discussed the proposed market rate housing that was proposed to be located on the Crossroad Pointe property. B. Staff Updates City Administrator Ericson introduced the newly hired Planner Jon Sevald to the Planning Commission. Planner Sevald explained he has been a planner for the past 13 years. He encouraged the Commissioners to ask him questions regarding upcoming cases and staff reports. Mr. Sevald looked forward to working with this group. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He discussed the preliminary Development Agreement that had been reached with The Beard Group for the Crossroads Pointe property. He noted Police Chief Kinney announced his retirement on Monday after serving the City for 30 years. He explained the City would now have to be advertising and searching for a new Police Chief. He reported an outside recruiting Mounds View Planning Commission Regular Meeting February 3, 2016 Page 4 firm would be assisting the City with this process. It was noted the Council would not be pursuing organized garbage collection. D. Planning Commissioner Reports None. 8. Approval of Minutes January 6, 2016. MOTION/SECOND: Commissioner Rundle/Commissioner Klebsch. To approve the Minutes of the January 6, 2016 regular Planning Commission meeting. Ayes — 7 Nays — 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, February 17, 2016 B. Wednesday, March 2, 2016 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:44 p.m. Respectfully submitted, Jim Ericson City Administrator Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1044-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 1120 OF THE MOUNDS VIEW CITY CODE PERTAINING TO PLANNED UNIT DEVELOPMENTS; SPECIAL PLANNING CASE 199-16 WHEREAS, City staff has recommended that amendments be made to the City Code relating to Planned Unit Developments; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation that the minimum project size for Mixed -Use Planned Unit Developments be decreased from five (5) acres to four (4) acres; and, WHEREAS, City staff has amended Title 1120 of the Mounds View City Code by deleting the str language and adding the underlined text as follows: 1120.03: SPECIAL REQUIREMENTS AND STANDARDS: Subd. 3. Mixed Use Planned Unit Development: b. Minimum Project Size: The tract of land for which a mixed use PUD is proposed shall not contain less than five (5) four 4 acres. 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 amendments to Title 1120 of the Mounds View City Code 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 17th day of February, 2016. Resolution 1044-16 Page 2 Gary Stevenson, Chair ATTEST: James Ericson, City Administrator (SEAL)