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HomeMy WebLinkAbout02-04-2009Item No: 7A Meeting Date: February 4, 2009 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Ken Roberts, Community Development Director 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. Discussion: The Planning Commission should review the attached Bylaws. I am not proposing any changes to the Bylaws. The Planning Commission reviewed and slightly amended the Bylaws in January of 2007. The last change was about the number of absences a commissioner may have in a given year. Recommendation: Adopt the Bylaws for the Planning Commission. If the Commission does not make any amendments or modifications to the Bylaws, then the Commission may readopt them by motion. _______________________________________ Ken Roberts – Community Development Director Attachment - Planning and Zoning Commission Bylaws CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised January 24, 2007) I. 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 Director of Community Development, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes. EXHIBIT A City of Mounds View Planning and Zoning Commission - Bylaws Page 2 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. City of Mounds View Planning and Zoning Commission - Bylaws Page 3 V. COUNCIL LIAISON: The City Council may appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. VI. MEETINGS A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the Commission shall be adopted by Resolution at the first regular meeting in December for the following year. 1. Regular Meetings: Subject to the adopted meeting schedule, the Commission’s regular meetings will occur on the first and third Wednesdays of each month for the purpose of convening public hearings, making recommendations to the City Council, conducting business which requires a vote of the Commission, convening as the Board 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 Director of Community Development, yet must be approved by a majority vote of the Commission. 4. Emergency Special Meetings. Emergency special meetings can be called via written notice to the Director of Community Development by the Chairperson or two Commission members, or by the Director of Community Development. (Emergency special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The Director of Community Development shall post and mail a notice of any special meeting City of Mounds View Planning and Zoning Commission - Bylaws Page 4 in accordance with State Statutes. Planning Commission members shall be notified by telephone and in writing, if possible, at least seven days prior to a special meeting. 5. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or Community Development Director in the event that there are no items of business requiring the attention of the Commission, or for lack of a quorum, or in response to inclement weather or for any other good and sufficient reason. Members of the Commission shall be notified by telephone of any meeting cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS; ADJOURNMENT 1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission, the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director, or his or her designee, shall conduct the election. 2. Open Meeting Law: Meetings shall be conducted in accordance with the State of Minnesota Open Meeting Law (Minn. Statutes 471.705). 3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two- thirds majority of the members present agree to extend the time of adjournment. If there is no objection, the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. D. MINUTES: Minutes shall be recorded for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken 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 Director of Community Development which may be reviewed from time to time as needed. City of Mounds View Planning and Zoning Commission - Bylaws Page 5 VII. 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. VIII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code, Section 401.07. IX. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the Community Development Director upon the member’s resignation or termination of appointment. X. CONDUCT OF MEMBERS A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member absent from three consecutive 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: 1. General Standard: No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to the Commission shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in any discussion or action on the matter; alternatively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would substantially affect the Commissioner’s financial interests or those of an associated business, unless the effect on the Commissioner is no greater than on other members of the Commissioner’s business classification, profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission, the Commissioner shall disqualify himself or herself from taking part in any discussion or action on the matter. C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts include meetings with project proponents, residents, property owners, and citizens separate from Commission meetings, communication between Commission members outside the meeting forum, telephone calls or letters which attempt to influence a Commissioner’s opinion on a matter which will be subject to the Commissioner’s vote. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission (e.g. variances), Planning Commissioners shall indicate to the person contacting them that such contact is inappropriate and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. In all other cases, Planning Commissioners should discourage such contacts and should avoid expressing any opinion as to the merits of the case. When ex parte contacts occur, the Planning Commissioner is responsible for notifying the Community Development Director, and for conveying the substance of the communication at the next commission meeting at which the matter discussed is under consideration. _______________________________________ Gary Stevenson, Chairperson ATTEST: _______________________________________ Ken Roberts, Community Development Director Revision History: January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990 Item No: 6A Meeting Date: February 4, 2009 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Ken Roberts, Community Development Director Item Title/Subject: Consideration of a Revised Preliminary Plat for the Mermaid; Planning Case MA2009-001 Introduction: Charlie and Dan Hall, owners and representatives of The Mermaid, have applied to the City for a major subdivision. This latest proposal shows the property divided into two lots – including creating a new 3.0-acre parcel (for the existing hotel and 273 parking spaces) from their existing 8.9-acre site. The owners of the Mermaid wish to divide their property to create separate lots for the Mermaid Entertainment Center and the AmericInn Hotel. Since this new plat is a substantial change from the previous plat approved by the Commission and City Council, the Planning Commission should review and take action on the revised plat. Background: On October 15, 2008, the City Council adopted Resolution 7340. This approval included a preliminary plat (to divide the property into three lots) and a PUD amendment (to allow retail uses in the PUD). This approval was to accommodate a possible retail center on the corner of the property near County 10 and County Road H. (Please the enclosed concept plan of this proposal.) Discussion: Comprehensive Plan: The 1998 Comprehensive Plan Existing Land Use Map shows the County Highway 10 and County Road H corner as four parcels, thus was the case until 2000 when the Mermaid purchased the Rent-All building and the four existing parcels were replatted for the hotel addition and rezoned to a PUD. The 1998 Future Land Use map designates the entire Mermaid corner as Regional Commercial PUD, and this is the land use designation for the site in the 2008 Comprehensive Plan update. The proposed subdivision would be consistent with that designation and consistent with the goals and policies as articulated in the Land Use section of the Comprehensive Plan. Drainage Plan: In 2002, a new regional stormwater pond was constructed along County Road H, at the southeast corner of the Edgewood Middle School property. This pond is to help treat the stormwater runoff for the Mermaid, from several other nearby properties and for the County Road H reconstruction. Since this latest plat would only divide the property and would not involve any new construction, there are no drainage or stormwater concerns with this proposal. Mermaid Staff Report February 4, 2009 Page 2 Easements: The City’s Subdivision Code requires that plats dedicate perimeter drainage and utility easements for each lot in the subdivision. This plat already has the required perimeter easements around the current Mermaid property, and staff does not believe that adding additional easements along the new property lines running through the structure and parking lot are necessary. Streets: The applicants are not proposing any new or altered streets or access drives into the Mermaid site with this proposal. Park Dedication Requirements: The Subdivision Code indicates that any subdivision of land is subject to a park dedication fee. In this case, the City typically sets the fee as equal to 10% of the market value of the land. Staff uses Ramsey County assessed values as the basis for dedication computation. In 2000, when the City approved the PUD, the owners paid a park dedication fee of $92,306. The City determined this fee based on the land value of the entire property in 2000. Chapter 1204.02, Subd. 5 of the City Code addresses park dedication fees for a resubdivision: Subd. 5. Dedication for Re-Subdivision: For any subdivision of a parcel on which a cash dedication for parks has previously been made but on which an additional cash dedication is required due to re-subdivision, the amount of cash dedication required on the re-subdivided parcel(s) shall be based on the market value of the land at the time of re-subdivision and the factors set forth in subdivision 4 of this Section less any applicable credit for the prior cash dedication. It is important to note in this case that the proposed subdivision would not allow or be for additional construction on the property. It essentially divides existing uses to allow for separate ownership of each business. As such, the proposal should not create any additional impact or demand on the City park system. The City Council should consider this and determine what, if any, park dedication fee the property owner should pay. Major Subdivision Summary: The Mermaid is currently zoned PUD, Planned Unit Development, and the proposed two-lot subdivision would be consistent with the existing zoning of the property. As submitted, the proposed plat appears to meet City Code requirements and the City Attorney is now reviewing the proposal. There are easement agreements in place that address the shared parking and access for the entire site. The Halls intend to keep these agreements in place but they may have to amend them to accommodate the latest legal descriptions of the new lots (if approved). Mermaid Staff Report February 4, 2009 Page 3 The proposed property line would separate the Mermaid from the hotel. Another issue that arose during the City’s review of the three-lot plat in 2008 (and is still a concern today), is that the proposed subdivision would put a property line running through the structure to formally separate the Mermaid from the hotel. To allow this, the building code may require additional firewall construction between the structures to have each building on its own lot. This is an issue because the fire code does not allow for any openings where the property line runs through the building. There is currently a hallway and a set of doors that connects the Mermaid to the hotel. The fire code would require this opening to be permanently closed off, but the Minnesota Department of Labor & Industry has allowed openings if each building/property owner signs a “Hold Harmless Agreement.” By not allowing openings between separate buildings, the fire code is trying to prevent or reduce the fire spread or damage done to the adjoining building if there were to be a fire. The Hold Harmless Agreement would acknowledge the additional liability due to the opening between the buildings. City Attorney Scott Riggs also has agreed that such an agreement is possible as an alternative as long as the document has adequate protective language running in favor of the City. Deadline for Action: The City accepted this application on January 21, 2009 and in accordance with MN Statute 15.99, the City must make a decision about this request within 60 days of application acceptance. As such, the deadline for City action for this request is March 19, 2009. Alternatives: The Planning Commission should review the plans and discuss the revised preliminary plat. The Planning Commission may take one of the following actions related to the Preliminary Plat request: 1. Approve the revised Preliminary Plat as requested. 2. Deny the request. To consider this option, the Commission will need to direct staff to prepare a resolution with findings of fact to support the denial recommendation. 3. Table action on the request. This option would be appropriate if the Planning Commission should need additional information or more input before they can make a decision. Recommendation: City staff is recommending approval of the revised Preliminary Plat for the Mermaid property as requested. Staff has attached Resolution 899-09 for your consideration. Mermaid Staff Report February 4, 2009 Page 4 Respectfully submitted, Ken Roberts, Community Development Director Attachments: 1. Zoning Map 2. Aerial View 3. 2008 Concept Plan for Retail Mall 4. Resolution 899-09 5. Preliminary Plat date stamped 1-21-09 Zoning Map *Properties not indicated with a designation are zoned R-1, Single Family Residential Mermaid Ae rial View N Highway 10 County Road H Mermaid Hotel 2008 Concept Plan for Retail Mall MOUNDS VIEW PLANNING COMMISSION RESOLUTION 899-09 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A REVISED PRELIMINARY PLAT FOR THE MERMAID, 2200 COUNTY HIGHWAY 10; MOUNDS VIEW PLANNING CASE MA2009-001 WHEREAS, Charlie and Dan Hall, representing the Mermaid, have requested approval of a revised preliminary plat for a major subdivision at 2200 County Highway 10, legally-described as follows: Units 1 and 2 and adjacent common element in Common Interest Community Plat of Common Interest Community Number 598, Mermaid Hotel and Entertainment Center Condominium, described as follows: That part of Lot 1, Block 1, MERMAID ADDITION, lying southerly and easterly of a line described as follows: Commencing at the most easterly corner of said Lot 1, thence North 34 degrees 38 minutes 17 seconds West, along the northeasterly line of said Lot 1, at a distance of 280.00 feet to the point of beginning; thence South 55 degrees 24 minutes 00 seconds West a distance of 123.00 feet; thence South 2 degrees 13 minutes 00 seconds East a distance of 345.80 feet to the southeasterly line of said Lot 1 and there terminating. WHEREAS, The above-described land is zoned PUD, Planned Unit Development and is designated as Regional Commercial on the Comprehensive Plan; and, WHEREAS, Charlie and Dan Hall have submitted a revised Preliminary Plat for a major subdivision of the property that would combine the two existing lots and would create two new lots; and, WHEREAS, the community development staff have reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee that the City Council will determine; and, WHEREAS, the proposed subdivision is not in a designated wetland area; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about these requests 1. Staff Report 2. Preliminary Plat date stamped January 21, 2009 3. Zoning Map Resolution 899-09 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Preliminary Plat date stamped January 21, 2009 submitted by Charlie and Dan Hall, representing the Mermaid, subject to the following conditions: 1. The applicant shall arrange to have an acceptable Title Commitment provided to the City Attorney for review prior to the final approval of the subdivision by the City Council. 2. The applicant shall satisfy any additional requirements made by the City Attorney in a plat opinion. 3. The applicant shall satisfy all the requirements of the City Building Official/Fire Marshall about no openings between buildings along common property lines, or sign a “Hold Harmless Agreement” that will be recorded as part of the property records with Ramsey County. 4. If required by the City Council, the applicant shall pay a park dedication fee in an amount determined by the City Council. 5. The applicant shall apply for Final Plat approval no later than 6 months after the date of City Council approval of the Preliminary Plat, or the Preliminary Plat approval will become null and void. 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 4th day of February 2009. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Kenneth Roberts Community Development Director (SEAL)