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HomeMy WebLinkAbout11-18-2009 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA November 18, 2009 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. August 19, 2009 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 minutes.) 5. Planning Cases A. LC2009-001: Lot Combination - 2 lots on NE corner of Greenwood & County Road H Applicant: Steve Ordahl, Ordahl Family Trust B. SP169-09: Rezoning of 3 residential properties from R-2, Single & Two Family to R-1, Single Family • 2760 Woodale Drive • 7301 Park View Drive • 7441 Park View Terrace 6. Other Planning Activity A. Review Planning Commission Applications 7. Next Planning Commission Meetings: A. December 2, 2009 B. December 16, 2009 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. October 7, 2009 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 7, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Vice Chair Miller at 7:00 p.m. October 7, 2009. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Cramblit, Lang, Miller, Rundle and Walsh-Kaczmarek. Absent and Excused: Commissioner Stevenson and Meehlhause. Also Present: Planning Associate Heidi Heller and Community Development Director Roberts. ______________________________________________________________________________ Index to Minutes Page Premium Stop Site Redevelopment, 2390 County Highway 10 2 Review Code Amendment – Voting Requirement for Zoning Amendments 2 Review Code Amendment – Zoning Code Penalties 3 _____________________________________________________________________________ 3. Approval of Minutes August 5, 2009 MOTION/SECOND: Commissioner Walsh-Kaczmarek/Commissioner Cramblit. To approve the minutes of the August 5, 2009 regular Planning Commission meeting as slightly amended. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ Mounds View Planning Commission October 7, 2009 Regular Meeting Page 2 ____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases None. ______________________________________________________________________________ 6. Other Planning Activity A. Possible Redevelopment on Premium Stop Site – 2390 County Highway 10 Community Development Director Roberts stated staff saw an article in the newspaper about the restaurant “Burger Time” and that they were planning to expand into the Twin Cities metro area. The site requirements for this restaurant could fit onto the small vacant “Premium Stop” site that the City owns. He indicated Economic Development Specialist, Heidi Steinmetz, contacted Burger Time and they were interested in locating in Mounds View. Specialist Steinmetz also presented the restaurant idea to the Economic Development Commission, and they were supportive. Staff talked with the City Council at their worksession on Monday, October 5th, but they were not interested in having a Burger Time in the city. The City Council felt Burger Time did not fit the long-term vision for the Highway 10 corridor. He indicated the City Council was not impressed with the sale amounts that Burger Time has paid for land in the past and would like to see a larger development along Highway 10. Commissioner Walsh-Kaczmarek questioned how much and for how long the City is willing to continue to invest in the Premium Stop property. Director Roberts stated the City Council is not interested in having the property appraised or investing additional money in the property at this time. Commissioner Lang questioned the lost taxes for the site and added he agreed with the City Council because the amount of lost taxes was minimal. Commissioner Walsh-Kaczmarek stated that every year the site sits vacant, there are lost taxes for the City. She felt it was worth the City Council to consider Burger Time for the site. Commissioner Cramblit stated he felt Mounds View did not need another fast food restaurant. The majority of the Planning Commissioners agreed that a Burger Time restaurant is not the best use of the property along Highway 10. Mounds View Planning Commission October 7, 2009 Regular Meeting Page 3 ____________________________________________________________________________ B. Review Code Amendment – Voting Requirements for Zoning Amendments Community Development Director Roberts indicated the City Attorney has advised staff that the City should amend Section 1125.01, Subd.1j of the City Code. This amendment is necessary because the current City Code language is inconsistent with State statutes. The City may not adopt code language that is more restrictive than or inconsistent with State statute. Commissioner Walsh-Kaczmarek stated the City Attorney’s position is the state statute overrides the current City Code. MOTION/SECOND: Commissioner Cramblit/Commissioner Lang. Resolution 911-09; Resolution recommending approval of an amendment to Chapter 1125 of the Mounds View Zoning Code about the Voting Requirements for Zoning Changes Ayes – 5 Nays – 0 Motion carried. C. Review Code Amendment – Zoning Code Penalties Community Development Director Roberts stated staff has been working on code amendments that the City should make. This current amendment is about the penalties for certain code violations. He indicated Chapter 1125 is the Administration and Enforcement part of Title 1100 (Zoning Code) of the City Code. The prosecuting City Attorney advised staff that the City should amend Section 1125.06 of the code. The City Attorney indicated that this change is necessary because the current City Code language about penalties is not clear or as strong as it should be, and has made charging violators more difficult. Commissioner Walsh-Kaczmarek questioned the language in the amended resolution and who would implement the punishment. Director Roberts stated the courts would implement the punishment. He stated the individual is given ample notification regarding the punishment, and the goal of the City is to have the residents in compliance with the City Code, not to impose fines. MOTION/SECOND: Commissioner Lang/Commissioner Cramblit. Resolution 912-09; Resolution recommending approval of amendments to Section 1125.06 of the Mounds View Zoning Code about Penalties. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. October 21, 2009 Mounds View Planning Commission October 7, 2009 Regular Meeting Page 4 ____________________________________________________________________________ B. November 4, 2009 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:32 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Ken Roberts Community Development Director Transcribed by: Barbara Suciu TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: November 18, 2009 Type of Business: Planning Case - Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Minor Subdivision of Two Adjoining Vacant Lots on the NE Corner of County Road H & Greenwood Drive; Planning Case MI2009-001 Introduction: The Ordahl Family Trust, represented by Steve Ordahl, is the property owner of two adjacent vacant lots located at the northeast corner of Greenwood Drive and County Road H. For many years, the Ordahl’s also owned and lived in a house next to these vacant lots, at 5056 Greenwood Drive. The Ordahl’s sold the home in February 2008 and now want to sell the vacant parcel. In July 2008, Steve Ordahl applied for a similar subdivision except that the north 20 feet of the vacant lots would have been added to the property at 5056 Greenwood. The City approved this subdivision, but the owner of 5056 Greenwood was not able to complete their requirements and thus the City approval expired. Mr. Ordahl is no longer giving the additional property to the owner of 5056 Greenwood, and is now requesting city approval of a lot combination to combine the existing two lots into one parcel. Discussion: A minor subdivision is ordinarily a division of land less than two acres in area in which no more than one additional lot is created. The City considers lot combinations such as this request a minor subdivision if the area involves less than two acres. The lots are zoned R-1, Single Family Residential and the Comprehensive Plan designates this area for low density residential. The minimum lot size for corner lots is 100 feet wide and 12,500 square feet. Below is a table which shows the dimensions for the parcels before and as a result of the proposed adjustment: Before Area Sq. Feet / Lot Dimension After Area Sq. feet / Lot Dimension West Vacant lot 5,592 square feet 132’ x 42.3’ Non-buildable lot Combined with east lot East Vacant lot 14,751 square feet 132’ x 111.75 Buildable lot 20,343 square feet 132’ x 154’ Buildable lot As this table shows, the proposed lot will exceed all city standards. Ordahl Subdivision Report November 18, 2009 Page 2 Park Dedication Requirements. Subdivisions of land are subject to park dedication requirements consistent with Chapter 1204 of the City Code. For minor subdivisions, the park dedication fee is typically 5% of the current year market value as determined by Ramsey County. During the previous case review for Mr. Ordahl, the City Council required a $1,000 park dedication fee since the subdivision was not creating any additional lots. Mr. Ordahl paid this fee in October 2008. Easements. With every subdivision of land, the City requires the owner to dedicate drainage and utility easements around the perimeter of the lot. The city standard easements are ten-foot wide along the front and rear of the lot and five-foot wide on each side of the lot. The owner will dedicate these easements as shown on the certificate of survey. Public Notice. No public notice is required for a minor subdivision, however staff typically alerts residents in the area when a new lot is to be created. In this case, staff sent notices to nearby property owners as a courtesy even though there should be little change or impact to any neighboring properties. Summary. The proposed lot combination will create one parcel instead of two small lots. No new buildable lots will be created because of this subdivision and all minimum city requirements will be met with this request. Recommendation: Because the proposed lot combination satisfies all city code requirements, staff is recommending approval of Resolution 913-09. This resolution approves a lot combination of two vacant lots on the northeast corner of Greenwood Drive and County Road H. Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Map 3. Certificate of Survey 4. Resolution 913-09 Zoning Map N County Road H * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial Map Vacant Lots Survey MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 913-09 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A LOT COMBINATION OF TWO ADJOINING LOTS, REQUESTED BY THE ORDAHL FAMILY TRUST; PLANNING CASE NO. LC2009-001 WHEREAS, property owners Ordahl Family Trust, represented by Steve Ordahl, has requested approval of a lot combination of two adjoining lots on the northeast corner of Greenwood Drive and County Road H, properties zoned R-1, Single Family Residential, legally-described as follows: That part of the South ½ of the South ½ of the Southeast ¼ of Section 7, Township 30 North, Range 23 West, described as follows: Beginning at the Southeast corner of said Section 7; thence North 10 rods; thence West 16 rods; thence South 10 rods; thence East 16 rods to point of beginning, except the East 152.24 feet thereof, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota PIN 073023440116 And That part lying South of the North 75 feet of Lot 7, Block 1, Twelve Oaks. Subject to a reservation by State of Minnesota of all minerals and mineral rights over all but the North 75 feet of above Lot 7 PIN 073023440106 WHEREAS, the applicant requested a minor subdivision in July 2008 for the same two properties along with a third parcel, but the city requirements were not completed, thus the approval expired; and, WHEREAS, the applicant now proposes to only combine the two vacant adjoining properties to create a 132 foot by 154 foot buildable lot; and, WHEREAS, the Planning Commission has reviewed the Applicant’s request for a lot combination 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 lot combination is in conformance with the Comprehensive Plan; and, Resolution 913-09 Page 2 WHEREAS, in accordance with Section 1204.04, Subd. 4 of the Municipal Code, a park dedication fee would be required. At the time of the applicant’s previous subdivision request, the City Council decided on a $1,000 park dedication fee, which the applicant paid in October 2008. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of a lot combination of two adjoining lots on the northeast corner of Greenwood Drive and County Road H subject to any requirements from the City Attorney. 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 18th day of November, 2009. __________________________________________ Gary Stevenson, Chairperson ATTEST: ______________________________________ Kenneth Roberts Community Development Director (SEAL) Item No: 5B Meeting Date: November 18, 2009 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Proposed Rezoning of Three Residential Properties from R-2, Single & Two Family Residential to R-1, Single-Family Residential Introduction: Now that the City has completed 2008 Comprehensive Plan update, staff has been reviewing the zoning map and land use designations and comparing them to the updated Comprehensive Plan. This report is about the proposed rezoning of three properties to have their zoning designations be consistent with the actual land use and the Comprehensive Plan. The properties that staff is proposing to have the City change the zoning are at 7301 Park View Drive, 7441 Park View Terrace and 2760 Woodale Drive. Discussion: There are three residential properties in the city that currently have an R-2 zoning (Single & Two Family Residential). Single-family homes were built on them and the owners continue to use them as single-family homes. The Comprehensive Plan designates these three properties, along with all of the surrounding properties, as low density residential. The properties are all located in neighborhoods that the City has zoned entirely R-1 (single family residential). In order to have these properties zoning be consistent with their actual use and with the Comprehensive Plan, staff is proposing to rezone them to R-1 single- family residential. With the current R-2 zoning, any of these properties could legally convert into a duplex. Rezoning the properties to R-1 would prevent any future use changes. Staff sent letters to the property owners, notifying them of the rezoning proposal, and that they could keep the R-2 zoning if they preferred. As of Friday, November 13, 2009, staff has not heard from any of the homeowners. Recommendation: Staff recommends that the Planning Commission review and discuss Resolution 914-09. Respectfully submitted, Attachments: 1. Zoning Map 2. Aerial Views for each property 3. Resolution 914-09 Heidi Heller Planning Associate Zoning Map – all properties not marked are zoned R-1, Single Family Residential MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 914-09 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF REZONING 7301 PARK VIEW DRIVE, 7441 PARK VIEW TERRACE AND 2760 WOODALE DRIVE FROM R-2, SINGLE & TWO-FAMILY RESIDENTIAL TO R-1, SINGLE-FAMILY RESIDENTIAL WHEREAS, City staff has recommended that the following three parcels be rezoned from R-2, Single & Two-Family Residential to R-1, Single-Family Residential, and, 7301 Park View Drive (PIN 073023130022) 7441 Park View Terrace (PIN 073023130001) 2760 Woodale Drive (PIN 073023430030) WHEREAS, single family homes were built on these lots and they have always been used as single-family homes, and, WHEREAS, city staff recommends rezoning these three properties in order to be consistent with the single family neighborhoods in which they are located, and, WHEREAS, the City Code indicates that rezoning requests shall be consistent with the Future Land Use Map of the Comprehensive Plan and that the Planning Commission shall find that the rezoning would not be detrimental to the neighborhood or adversely affect any adjoining properties. WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial Views 3. Staff Report NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The Future Land Use Map of the Comprehensive Plan designates these three properties are located in low-density residential areas. The proposed R-1 zoning would be consistent with the existing neighborhoods. 2. The rezoning of these properties would not adversely affect any adjacent or nearby properties. This rezoning would in fact, make the three properties be consistent with their neighborhoods. Resolution 914-09 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation and findings of fact, recommends approval of the rezoning request from R-2, single & two-family residential to R-1, single-family residential. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council before approval of the minutes. Adopted this 18th day of November, 2009. _________________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________________ Kenneth Roberts, Community Development Director (SEAL) Item No: 6A Meeting Date: November 18, 2009 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Planning Commission Term Expirations and New Application Review The terms of three Planning Commission members – Todd Lang, Keith Cramblit and Mary Kay Walsh-Kaczmarek - expire at the end of the year. The City advertised the vacancies, with applications due on October 30, 2009. Staff received four applications. A ballot vote will be taken at the Planning Commission meeting. The Planning Commission will review the applications at the November 18, 2009 meeting, and the City Council will make the official appointments on December 14, 2009. Sincerely, _________________________ Heidi Heller Planning Associate Attachments: 1. Planning Applications from 4 applicants