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HomeMy WebLinkAbout01-15-2020 PC PLANNING COMMISSION REGULAR MEETING AGENDA January 15, 2020 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. Oath of Office for: Commissioner Gary Rundle B. Resolution 1112-20, a Resolution Recommending Appointment of a Chairperson and Appointment of Vice-Chairperson 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the record.) 5. Planning Cases A. Resolution 1113-20, Recommending approval of Ordinance 972, Amending Title 1200, Chapters 1201, 1202, 1203, and 1205 of the Mounds View City Code 6. Other Planning Activity A. (none) 7. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 8. Approval of Minutes: December 4, 2019 December 18, 2019 9. Next Planning Commission Meetings: A. Wednesday, February 5, 2020 B. Wednesday, February 19, 2020 10. Meeting Conclusion Mounds View Planning Commission Oath of Office I, Gary Rundle, do solemnly swear, to support the Constitution of the United States, and of this state, and to discharge faithfully the duties, devolving upon me as a Planning Commission member of the City of Mounds View, to the best of my judgment and ability. ____________________________________ Gary Rundle, Commissioner January 15, 2019 Date Witness: ____________________________________ Jon Sevald, Community Development Director Item No: 03B Meeting Date: Jan 15, 2020_ Type of Business: Special Order of Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, City Planner/Supervisor Item Title/Subject: Resolution 1113-20, a Resolution Recommending Appointment of a Chairperson, and Appointment of a Vice- Chairperson Introduction The Planning and Zoning Commission Bylaws, Section IV, establishes the offices of a Chairperson and Vice-Chairperson. The Commission shall nominate one of its members as Chairperson for a one-year term. This recommendation shall be considered by the City Council, who shall appoint the Chairperson. The Commission shall appoint its Vice-Chairperson. 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 (Community Development Director) 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.1 The Chairperson and Vice-Chairperson shall assume office at the first meeting in February. Respectfully submitted, ________________________ Jon Sevald, AICP Community Development Director Attachments 1. Resolution 1113-20 1 City of Mounds View Planning and Zoning Commission Bylaws, Section IV(B)(3) (Election Procedure) RESOLUTION 1112-20 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING THE APPOINTMENT OF CHAIRPERSON, AND APPOINTMENT OF VICE-CHAIRPERSON OF THE 2020 MOUNDS VIEW PLANNING COMMISSION WHEREAS, the City of Mounds View Municipal Code, Section 401 establishes a Planning and Zoning Commission, which shall be the City planning agency as authorized by Minnesota Statute §462.354, Subd 1; and, WHEREAS, the City of Mounds View Municipal Code, Section 402.01 establishes a Board of Adjustment and Appeals, of which its membership shall consist of members of the Planning and Zoning Commission; and, WHEREAS, the City of Mounds View Municipal Code, Section 401.02, Subd 1 states that based upon the recommendation of the Planning and Zoning Commission, the City Council, shall appoint a Chairperson; and, WHEREAS, the City of Mounds View Municipal Code, Section 401.06, Subd 1 states that at the first regular meeting in January, the Commission shall elect a Vice-Chairperson from among its appointed members for a term of one year; and, NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning and Zoning Commission recommends that be appointed by the City Council as the Planning and Zoning Commission Chairperson; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View Planning and Zoning Commission does hereby appoint as Vice- Chairperson of the Planning and Zoning Commission; and NOW THEREFORE, BE IF FINALLY RESOLVED, that the Mounds View Planning and Zoning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 15th day of January, 2020 Gary Stevenson, Chair ATTEST: Jon Sevald, Community Development Director (SEAL) Item No: ___05A Meeting Date: Jan 15, 2019 Type of Business: Planning Case SP-219-20 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1113-20, Recommending approval of Ordinance 972, Amending Title 1200, Chapters 1201, 1202, 1203, and 1205 of the Mounds View City Code Introduction Since 2018, Staff has been working with the City Attorney to update the City Code from Chapter 100 (Administration) to Chapter 1400 (Franchises). The goal is for the Code to be consistent with Minnesota Statutes; common best practices; and to be codified into a web-based searchable format. The current topic is Chapter 1200; Land Subdivisions. Discussion In consultation with Staff, the City Attorney has prepared a number of amendments, summarized: 1. Minor Subdivisions 1 and Major Subdivisions2 The intent of minor subdivisions is to expedient the platting process (e.g. preliminary & final plat approval at the same time), and reduce costs (e.g. no grading & drainage plan is required). In practice, minor subdivisions have been just as complicated as major subdivisions. The difference is that in minor subdivisions, the problems are noticed after plat approval, whereas with major subdivisions, they are addressed prior to, or are at least known during plat approval. 2. Public Notice Currently, a notice of a Public Hearing is published in the local newspaper ten days in advance, and mailed to property owners within 350’ of the project. Minnesota Statute does not require the mailing. The proposed amendment removes the mailing. It is Staff’s intention to continue the mailing, but not require it. In practice, Public Hearings are seldom attended, unless a controversial project. When controversial, the majority of opposition seems to be from residents beyond the 350’ notification area. 3. Final Plat Approval Currently, the City Council shall approve a Final Plat based on recommendations by Staff, or the Planning Commission (Planning Commission review is optional). As amended, the Commission will not review Final Plats unless there are significant differences from the 1 MINOR SUBDIVISION: A subdivision of a parcel or parcels of property less than two (2) acres in size in which no more than one additional parcel or lot is created. 2 MAJOR SUBDIVISION: A subdivision of a parcel or parcels of property in which more than one additional parcel or lot is created or which is two (2) acres or larger in size. Item 05A Page 2 of 2 Preliminary Plat, in the judgement of Staff. In practice, all of the important decisions are made at the Preliminary Plat stage (e.g. streets, sidewalks, drainage, etc.). At Final Plat stage, the intent is that there are no significant changes since the Preliminary Plat. Removing the Commission’s review of Final Plats speeds up the process. Strategic Plan Strategy/Goal Maintain and plan for infrastructure improvements. Financial Impact None. Summary Staff is continuing work on updating all chapters of the City Code, and currently; Chapter 1200 regarding land subdivision. The most significant change is combining Minor and Major subdivisions into one process. The intent is to treat all proposed divisions equally. The City Council will conduct its First Reading and Introduction on January 13th, and Second Reading and Adoption on January 27th. Recommendation The Planning Commission is requested to consider the following options; 1. Resolution 1113-20, recommending approval of Ordinance 972. 2. Table the request, if the Commission has critical questions which Staff cannot immediately provide. Respectfully submitted, ________________________ Jon Sevald, AICP Community Development Director Attachments 1. Resolution 1113-20 630665v2MU210-54 MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1113-20 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION RECOMMENDING AP0PROVAL OF ORDINANCE 972 AMENDING TITLE 1200, CHAPTERS 1201, 1202, 1203, AND 1205 OF THE MOUNDS VIEW CITY CODE RELATING TO LAND SUBDIVISIONS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1201, Section 1201.03 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 4. FINAL PLAT: The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Council for approval and which, if approved, will be submitted to the County Register of Deeds or Registrar of Titles Ramsey County Recorder’s Office or the Ramsey County Examiner of Titles. Subd. 8. MAJOR SUBDIVISION: A subdivision of a parcel or parcels of property in which more than one additional parcel or lot is created or which is two (2) acres or larger in size. Subd. 11. MINOR SUBDIVISION: A subdivision of a parcel or parcels of property less than two (2) acres in size in which no more than one additional parcel or lot is created. Subd. 17. PRELIMINARY PLAT: The preliminary map, drawing or chart indicating the proposed layout of a major subdivision to be submitted to the Council for its consideration. Subd. 22. SUBDIVISION: The division of a parcel(s) of land into two (2) or more lots or parcels. The term includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Any change in property lines which necessitates City approval before new deeds can be filed at the Register of Deeds office constitutes a subdivision. Subd. XX. OUTLOT: Any parcel of land designated as an outlot on any plat in the City. Outlots are used to designate land that is part of the subdivision but is to be final platted into lots and blocks at a later date, or land that is to be used for a specific purpose as designated in a development agreement or other agreement between the City and the subdivider. Private structures are not permitted to be built on outlots. Res 1113-20 Page 2 of 10 630665v2MU210-54 SECTION 2. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1201, Section 1201.04 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1201.04: ENFORCEMENT OF PROVISIONS: Unless approved as provided herein, no subdivision shall be entitled to record in the county Register of Deeds office be recorded with Ramsey County or have validity. The Municipality shall not issue building permits for any structure on a lot in any unrecorded subdivision. SECTION 3. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1202.01: PRELIMINARY SUBDIVISION PLAN APPLICATION: Subd. 1. Platting Requirements: Full platting shall be required for all major subdivision requests. Minor subdivision requests shall require at least a surveyor's certificate for approval. However, the Council, whenever it deems appropriate, may require full platting for minor subdivisions. Subd. 2. Application: a. The subdivider shall make application to the City Administrator for a subdivision and pay the fees established herein. Prior to submitting a preliminary plat, A a sketch plan may be submitted by the subdivider for review by the Director of Public Works/City Engineer, Planning and Zoning Commission and others. The purpose of reviewing such sketch plans shall be to unofficially advise the subdivider of the extent to which the proposed subdivision conforms to this Chapter. Such unofficial advice shall not constitute a waiver of rights or any statutory or ordinance requirement. The sketch plan, in order to be most useful, shall include the following information: (1) Location and legal description. (2) Name and address of owner, subdivider or any other party of interest. (3) Whether land is registered or abstract property. (4) Date, north point and scale. (5) Streets within and adjacent to parcel(s). (6) Property dimensions existing and proposed. (7) Location of physical features and any structures. (8) Any additional information requested by the planning department or City staff Res 1113-20 Page 3 of 10 630665v2MU210-54 deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. b. At the time of application, the owner or subdivider shall indicate the proposed use of the property to be subdivided and if such proposed use requires it, shall file a proper petition application for rezoning such property in accordance with Title 1100 of this Code. No subdivision shall be approved unless and until the said property has been rezoned in accordance with the proposed use thereof. When filing a subdivision application, the subdivider shall submit an abstract of title, registered property report a title commitment or title opinion that establishes ownership of the land or supporting affidavits or other documents that meets the City’s satisfaction and showing the parties of interest in the property to be subdivided. c. The application must include all contiguous land owned by the subdivider or owner, unless the application is a replat of property that has been previously platted. If only a portion of the property to be subdivided is planned to be presently developed, the remainder of the land may be platted as an outlot. The subdivider or owner must submit a schematic demonstrating how the property that is not currently planned for development could be developed consistent with the City's regulations. Subd. 3. Submittal of Preliminary Plat Copies: a. Major Subdivisions: Before any official action shall be taken by the City, the subdivider shall submit fifteen (15) copies of a preliminary plat of the proposed subdivision to the City Administrator. The preliminary plat shall be in such form and contain such information as required in state law or in Section 1202.03 of this Chapter. b. Minor Subdivisions: The subdivider shall submit to the City Administrator ten (10) copies of a surveyor's certificate prepared by a Minnesota registered land surveyor. The surveyor's certificate shall be in such form and contain such information as required in Section 1202.03 of this Chapter. Subd. 4. Abstractor's Certificate: When filing an application for a major subdivision, the subdivider shall submit an abstractor's certificate showing all the properties within three hundred fifty feet (350') of the property being subdivided and the names of all owners of such properties. Subd. 45. Review and Comment Submittals: a. Preliminary plats of major subdivisions shall, be provided by the City Administrator for the purposes of review and comment, be provided to the Director of Public Works/City Engineer, City Attorney, and, if required by Minnesota Statutes Chapter 505, to the county engineer and the Minnesota Department of Transportation. The county engineer and the Minnesota Department of Transportation shall be afforded thirty (30) days to provide comments. County Engineer, if plat abuts a County road, and State Highway District Res 1113-20 Page 4 of 10 630665v2MU210-54 having fifteen (15) days in which to submit their comments regarding the proposed subdivision to the City. The City Administrator, Planning and Zoning Commission or Council may request the above authorities to similarly review and comment on the preliminary subdivision plan of any minor subdivision request whenever such review is deemed necessary to properly evaluate the request. b. Preliminary plats of major subdivisions, which conform to the Municipal Storm Water Drainage Local Water Management Plan 1, shall be submitted to the Rice Creek Watershed District for its review and comment, if required. Preliminary plats which do not so conform shall be revised by the subdivider according to the stipulations of the Planning and Zoning Commission and Director of Public Works/City Engineer prior to submission to the Rice Creek Watershed District. Subd. 56. Report of Effect: After comments have been received from the authorities indicated in subdivision 5a above or thirty (30) days has passed since requesting such comments, a report shall be prepared by the City Administrator Community Development staff and submitted to the Planning and Zoning Commission with copies of the preliminary plat or surveyor's certificate within thirty (30) days following acceptance for filing. The report will address how the proposed subdivision will affect traffic, utilities, drainage, community facilities, public safety, neighboring land uses, natural features, open spaces, the Comprehensive Plan and any other matters concerning public health, safety and welfare. Subd. 67. Agenda: The Planning and Zoning Commission shall have the subdivision request on its agenda at its next regular meeting following receipt of the City Administrator's report. The subdivider or a representative shall be present at this meeting. Subd. 78. Planning and Zoning Commission Recommendation: Upon receipt of the subdivision request and the City Administrator's staff report, the Planning and Zoning Commission shall recommend to the Council approval or disapproval of the subdivision. The Planning and Zoning Commission may withhold action to so recommend until the comments of the Rice Creek Watershed District have been received. Subd. 89. Public Hearing: Preliminary plats of major subdivisions shall require a public hearing. The Council shall conduct such hearing upon receipt of the Planning and Zoning Commission recommendation. The City Administrator shall cause notice of said hearing to be published in the official newspaper at least ten (10) days prior to the hearing and shall also cause a notice to be mailed to each of the owners of property within three hundred fifty feet (350') of the property being platted, such notices to be mailed to the last known address of such owners at least ten (10) days before the hearing. Subd. 910. Council Approval or Disapproval: The Council shall, within 120 days of receipt of a completed application, approve or disapprove the preliminary plat of a major subdivision or the surveyor's certificate of a minor subdivision after receipt of the regardless of whether it received a Planning and Zoning Commission recommendation. The Council shall 1 See Chapter 1302 of this Code. Res 1113-20 Page 5 of 10 630665v2MU210-54 consider this such recommendation and any comments or objections brought forth during the public hearing or by the City’s consultants or other public agencies. Subd. 1011. Denial of Preliminary Plat: If the Council does not approve the preliminary plat or surveyor's certificate, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant subdivider. Subd. 1112. Amendments to Preliminary Plat: If the subdivider wishes to amend the preliminary plat of a major subdivision as approved or disapproved by the Council, the subdivider may submit an amended plat which shall follow the same procedures, except the public hearing unless the amendment is, in the opinion of the Council, of such scope as to constitute a substantial change in the plat. Subd. 1213. Approval of Preliminary Plat: If the preliminary plat of a major subdivision is approved by the Council, the subdivider may begin preparation of the final plat. Preliminary approval does not constitute waiver by the Council of any statutory, ordinance or other rights. Subd. 14. Minor Subdivision Recording Requirements: If the surveyor's certificate of a minor subdivision is approved by the Council, the subdivider shall, within six months, record a deed conforming to the terms of the Council's approval of the subdivision with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the deed showing evidence of the recording; otherwise, the approval of the subdivision shall be void, and the City Administrator shall so notify the County Register of Deeds or Registrar of Titles. No building permit shall be issued for construction on a parcel created by such minor subdivision until evidence of recording has been submitted. In the event the deed is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the minor subdivision upon payment of the minor subdivision reapproval fee as specified in Appendix E and the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed six months. SECTION 4. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.04 of the Mounds View Municipal Code by deleting the stricken material as follows: 1202.04: CONDITIONS OF PRELIMINARY PLAT APPROVAL: Subd. 1. Revisions: The Planning and Zoning Commission and Council may require such revisions as they deem necessary for the health, safety, general welfare and convenience of the Municipality. Subd. 2. Tentative Approval: The approval of a preliminary plat of a major subdivision by Res 1113-20 Page 6 of 10 630665v2MU210-54 the Council is tentative only, involving merely the general acceptability of the layout as submitted. The Council shall not permit the installation of any public improvements in the proposed plat unless the preliminary plat is approved. Preliminary plat approval is conditioned upon compliance with all requirements deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. Subd. 3. Subsequent Approval: a. Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage disposal and other utilities. b. Subsequent approval of the preliminary plat will be required by other public officials having Jurisdiction prior to the approval of the final plat by the Municipality. Subd. 4. Flooding or Poor Drainage Facilities 21: No plan will be approved for a major or minor subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots impossible unless the subdivider agrees to make improvements which will, in the opinion of the Council, make the area completely safe for occupancy and provide adequate street and lot drainage. Subd. 5. Partial Subdivisions: Where an owner or subdivider proposes to subdivide only a portion of owner's or subdivider's property, the Council may require the owner or subdivider to submit a preliminary plan indicating the proposal for subdividing the balance of the property so as to have proper relationship of streets and lot orientations with the portion to be subdivided and adjacent properties. SECTION 5. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.07 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1202.07: FINAL PLAT APPROVAL PROCEDURE: Subd. 1. Filing of Final Plat: The owner or subdivider of a major subdivision shall file twelve (12) printed copies of the final plat not later than six (6) months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested, in writing, by the subdivider and for good cause granted by the Council. The final plat shall be in such form and contain such information as required in state law and in Section 1202.05 of this Chapter. Subd. 2. Conformance to Preliminary Plat: a. The final plat shall conform to the preliminary plat, as approved, including any 1 See Chapters 1010, 1301 and 1302 of this Code for drainage and flood control regulations. Res 1113-20 Page 7 of 10 630665v2MU210-54 conditions thereof. The Council may allow the subdivider to submit a final plat which includes only a portion of the approved preliminary plat. b. The City Administrator staff shall examine the final plat to determine whether it conforms to the preliminary plat, as approved, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. c. City staff shall determine whether the final plat, as submitted, conforms with the terms of the Council approval of the preliminary plat, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics and to protect the public health, safety and welfare of neighboring landowners and future residents within the subdivision, and shall report its findings to the Council If the City Administrator determines that the final plat, as submitted, does not conform with the terms of the Council approval of the preliminary plat, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision, the City Administrator shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall recommend to the Council approval or disapproval of the final plat within thirty (30) days of receipt of the City Administrator's report. If City staff, in its sole discretion, determines that a final plat contains significant deviations from what was contemplated during preliminary review and approval, it may refer a final plat to the Planning and Zoning Commission for review and recommendation, which shall be forwarded to the Council together with the recommendation from City staff. Subd. 3. Approval or Disapproval: Upon receipt of the City Administrator's report or the Planning and Zoning Commission recommendation from staff and, if applicable, the Planning and Zoning Commission, the Council may approve or disapprove the final plat and authorize that it be signed by the Mayor and the City Administrator, provided that all other requirements are met. Subd. 4. Plat Opinion; Title Insurance: The final plat shall adhere to all requirements of the City Attorney, including all requirements contained in the City Attorney’s plat opinion, which shall be a prerequisite of the City’s execution of the final plat. The subdivider shall also have issued, at its sole expense, a title insurance policy in the name of the City of Mounds View in an amount acceptable to the City so as to insure for the dedications made on the final plat. Subd. 45. Recording of Final Plat: If the final plat is approved, the subdivider shall, within six months, record it with the County Register of Deeds or Registrar of Titles Ramsey County Recorder’s Office or the Ramsey County Examiner of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the City Administrator shall so notify the County Register of Deeds or Registrar of Titles Ramsey Res 1113-20 Page 8 of 10 630665v2MU210-54 County Recorder’s Office or the Ramsey County Examiner of Titles. Subd. 56. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon payment of the plat reapproval fee as specified in Appendix E and the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed six months. SECTION 6. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.08 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1202.08: REGISTERED LAND SURVEYS; CONVEYANCE BY METES AND BOUNDS: All registered land surveys shall be filed subject to the same procedure as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in this Title shall apply to all registered land surveys. Unless the Council shall approve the registered land survey in accordance with this Title, building permits of the tracts shall be withheld, tracts set aside for street purpose shall not be accepted and no public money shall be spent toward installing utilities or improvements. No registered land survey shall receive final approval without the deeding of streets to the City in a recordable form. No conveyance by metes and bounds shall be permitted, except where mandated by specific provisions of Minnesota Statutes Annotated or where allowed under minor subdivision procedures herein state law. SECTION 7. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1203, Section 1203.09 of the Mounds View Municipal Code by deleting the stricken material as follows: 1203.09: MONUMENTS: Monuments of a permanent character shall be placed in locations on the boundary of any major subdivision and within it as required to permanently define all property lines and street rights of way. SECTION 8. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1205, Section 1205.02 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1205.02: VARIANCES: The Council may grant a variance of these subdivision regulations in any particular case where the subdivider can show that, by reason of unique circumstances relating to a specific lot, the strict compliance with these regulations imposes unusual hardship practical difficulties to the subdivider in the use of his or her land. Unusual hardship Practical difficulties includes, but is are not limited to, inadequate access to direct sunlight for solar energy systems. A variance may be granted only if the Council finds that all of the following circumstances exist: Res 1113-20 Page 9 of 10 630665v2MU210-54 Subd. 1. The variance is in harmony with the general purposes and intent of these regulations. Subd. 2. The variance is consistent with the Comprehensive Plan. Subd. 3. The subdivider proposes to use the property in a reasonable manner not permitted by these regulations or the City Zoning Ordinance. Subd. 4. Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of these regulations has had no control. That the unique circumstances do not result from the actions of the applicant. Subd. 5. The variance does not alter the essential character of the neighborhood. Subd. 6. That the variance requested is the minimum variance which would alleviate the unusual hardship practical difficulties. Economic conditions alone do not constitute unusual hardship practical difficulties. Subd. 7. The Council may impose such conditions upon the premises benefited by the variance, as may be necessary to comply with the standards established by this section or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. SECTION 9. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On ______________, 2020, the City Council adopted Ordinance ___, entitled “An Ordinance Amending Title 1200, Chapters 1201, 1202, 1203, and 1205 of the Mounds View City Code Relating to Land Subdivisions.” The purpose of the amendment was to update certain subdivision requirement to provide for clarification, remove outdated and unnecessary code language, and update the code to conform to current City practices and state law, as necessary. The amendment also removes the mailed notice requirement for the public hearing required for preliminary plat applications, and further eliminates the requirement that the Planning and Zoning Commission review and make recommendations on all final plat applications. The amendment also eliminates the platting exception for minor subdivisions and requires platting in the case of any subdivision or lot line rearrangement. Finally, the amendment requires platting applicants to adhere to all requirements of the city attorney’s plat opinion and have issued a title insurance policy in the name of the city prior to final plat approval. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City’s website located at www.moundsviewmn.org. Res 1113-20 Page 10 of 10 630665v2MU210-54 SECTION 10. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on January 13, 2020. Second Reading and Adoption by the Mounds View City Council on January 27, 2020. Publication Date: February 4, 2020. BE IT FINALLY RESO0LVED, that the Planning and Zoning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 15th day of January, 2020. Gary Stevenson, Chair Attest: ______________________________ Jon Sevald, Community Development Director (SEAL) DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 4, 2019 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for December 4, 2019. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Farmer, French, Klander, Monn, Nelson, Rundle, and Stevenson. Absent and Excused: None. Also Present: Community Development Director Jon Sevald, City Administrator Nyle Zikmund, and Council Member Gary Meehlhause. ______________________________________________________________________________ Index to Minutes Page Resolution 1107-19, Recommending the 2040 Comprehensive Plan 2 to be submitted to the Metropolitan Council for Review Resolution 1108-19, Recommending Approval of the Ordinance 970, 3 Amending Title 1100 of the City Code Resolution 1109-19, Recommending Appointments to the Mounds View 4 Planning Commission Resolution 1110-19, Adopting the 2020 Regular Meeting Schedule for 5 The Mounds View Planning and Zoning Commission Approval of Minutes 6 _____________________________________________________________________________ 3. Special Order of Business None. Mounds View Planning Commission December 4, 2019 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. Resolution 1107-19, Recommending the 2020 Comprehensive Plan to be Submitted to the Metropolitan Council for Review Community Development Director Sevald stated the Comprehensive Plan is a 20-year guide for land use and related topics. The Plan includes a Future Land Use Map, and Goals & Policies related to numerous topics. These Goals & Policies are used as “Findings of Facts” when justifying approval of land use applications such as plats, rezonings, conditional use permits, variances, etc. Additionally, the City’s Plan is to be consistent with the Metropolitan Council’s 2040 Thrive MSP regional plan. The Planning Commission is requested to review the Draft Plan, and to recommend that the City Council submit it to the Metropolitan Council for its review (by December 31, 2019). The City Council will hold a Public Hearing on December 9th. Staff requested the Planning Commission to recommend the 2020 Comprehensive Plan be submitted to the Metropolitan Council for review. Commissioner Nelson discussed the comments made by the DNR. Further discussion ensued regarding the Blanding’s Turtle. Chair Stevenson requested staff read the new wording within the Resolution. Community Development Director Sevald read the new language for the Commission noting the City Council would be submitting the Comp Plan and not the Planning Commission. Commissioner Klander requested further information regarding how staff conducted code enforcement. Community Development Director Sevald reported staff was reactive in neighborhoods and was proactive along Mounds View Boulevard. Commissioner Klander asked if the zoning districts were updated per Stantec’s recommendation. Community Development Director Sevald explained the zoning code would have to be amended to comply with the Comprehensive Plan. He reported there were some zoning districts that could be combined or eliminated. He anticipated the City would take a closer look at this when the zoning code was amended. Commissioner Klander stated Figure 7.1 does not highlight the City’s parks. He explained there was a lot going on in this document and he wanted to be sure the City’s goals and objectives were properly reflected within the document. Community Development Director Sevald discussed the comments made by the DNR regarding the park maps within the Comp Plan. Mounds View Planning Commission December 4, 2019 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Monn thanked the task force for all of their efforts on the Comprehensive Plan. She stated it would be helpful to have page numbers on the Comp Plan. She recommended the document have better language addressing signage into the City’s parks. Chair Stevenson stated he was very impressed by the Comprehensive Plan. MOTION/SECOND: Commissioner Rundle/Commissioner Farmer. To approve Resolution 1107-19, Recommending the City Council Submit the Comprehensive Plan to the Metropolitan Council for Review. Ayes – 7 Nays – 0 Motion carried. _____________________________________________________________________________ B. Resolution 1108-19, Recommending Approval of Ordinance 970, Amending Title 110, Chapter 1102, 1103, 1104, 1105, 1112, 1113, 1123 and 1125 of the Mounds View City Code Relating to Zoning Community Development Director Sevald stated since 2018, staff has been working with the City Attorney to update the City Code with the intent of; (1) codifying the 64 amendments adopted since 2015 into a single document; (2) updating the Code so that it is current with state regulations and case law; (3) written ordinances to be consistent with how they are practiced; and (4) to make general improvements for the betterment of the community. Currently, the City Council is considering amendments to Title 1000 (Building and Development Regulations) in regards to the Rental License Program; and Title 1100 (Zoning Code) in regards to language clarity. Any amendment to the Zoning Code is to be preceded by a recommendation from the Planning Commission. Staff recommends approval of Resolution 1108-19, recommending approval of Ordinance 970, amending Chapter 1100 of the City Code. Commissioner Farmer asked how common it was for cities to require a super majority for votes. Community Development Director Sevald stated this was not common for Planning Commission votes. Further discussion ensued regarding the voting requirements for variances. Chair Stevenson stated he supported changing the voting requirements. Commissioner Klander stated he supported homeowners being able to designate their front lot line versus the zoning administrator. Community Development Director Sevald indicated this was rarely a concern. Chair Stevenson believed the present language clarified the concerns better than was done previously. Commissioner Klander requested further comment on the new language in Section 1123 regarding Damage and Destruction. Community Development Director Sevald discussed the Mounds View Planning Commission December 4, 2019 Regular Meeting Page 4 ________________________________________________________________________ City Code requirements and timeline residents had to apply for building permits in order to replace a damaged or destroyed structure. He reported the timeline was reduced from twelve months to six months per State Statute. Commissioner Nelson inquired if staff updated the definition of a studio apartment. Community Development Director Sevald explained this had been done. MOTION/SECOND: Commissioner Nelson/Commissioner Rundle. To approve Resolution 1108-19, a Resolution Recommending the City Council approve Ordinance 970, Amending Chapter 1100 of the City Code. Ayes – 7 Nays – 0 Motion carried. _____________________________________________________________________________ 6. Other Planning Activity A. Resolution 1109-19, Recommending Appointments to the Mounds View Planning Commission Community Development Director Sevald stated the Mounds View Planning Commission consists of seven city residents who are not elected officials. Commission members are appointed by the City Council based upon recommendations made by the Planning Commission, to three-year terms. The Commission currently has one member whose term expires on December 31, 2019. The City solicited applications from the public to serve on advisory commissions, including the Planning Commission. The City received two applications for the Planning Commission by the November 12th deadline. He noted Mary Zager had been appointed to the Park, Recreation and Forestry Commission. Staff requested the Commission discuss the appointment and make a recommendation to the City Council. MOTION/SECOND: Chair Stevenson/Commissioner Nelson. To approve Resolution 1109-19, Recommending Gary Rundle be Appointed to the Mounds View Planning Commission. Commissioner Klander asked if Commission members could sit on more than one Commission. Community Development Director Sevald reported this was allowed. Commissioner Monn stated she would have liked to have seen another female on this Commission. She supported action on this item be tabled to allow staff to speak with Ms. Zager to see if she would be interested in serving on two Commissions. City Administrator Zikmund reported Mary Zager was interested in serving on the Park, Recreation and Forestry Commission first and direction was given to his Executive Assistant to prepare the Resolution to reflect this interest. Ayes – 5 Nays – 1 (Monn) Abstain – Rundle Motion carried. Mounds View Planning Commission December 4, 2019 Regular Meeting Page 5 ________________________________________________________________________ B. Resolution 1110-19, Adopting the 2020 Regular Meeting Schedule for the Mounds View Planning and Zoning Commission Community Development Director Sevald stated the Planning and Zoning Commission Bylaws, Section VI, states that the annual meeting schedule of the Commission shall be adopted by Resolution at the first regular meeting in December for the following year (2020). Subject to this Resolution, regular meetings will occur on the first and third Wednesdays of the month. The Bylaws do not establish a time. Historically, Commission meetings begin at 7:00 pm. Staff requested meetings in 2020 start at 6:30 pm, to be consistent with the City Council and other commissions. He noted the January 1st meeting would be canceled. Staff commented further on the meeting schedule and requested approval. MOTION/SECOND: Chair Stevenson/Commissioner Rundle. To approve Resolution 1110-19, a Resolution Adopting the 2020 Regular Meeting Schedule for the Mounds View Planning and Zoning Commission. Commissioner French stated he would like more time to review his calendar prior to changing the meeting start time. Chair Stevenson recommended the Resolution be approved with the meeting dates and that the meeting time be addressed in January. The Commission was in agreement. Ayes – 7 Nays – 0 Motion carried. 7. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald discussed upcoming planning cases with the Commission. He reported a car wash be was proposed for the Snyder’s property. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. He discussed the work that was being done on Edgewood Middle School. He reported the Crossroad Pointe project had begun construction and was renamed Greystone Flats. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He commented on the demolition work that had been done on the Skyline Motel property. He discussed the 2020 budget and tax levy, along with the improvements that were planned for the City’s water treatment plant. He reported the final design plans for the 2020 Mounds View Planning Commission December 4, 2019 Regular Meeting Page 6 ________________________________________________________________________ street project had been approved and that the project would be bid-out in January. He then reviewed a program the City Council approved for privately owned lateral sewer lines. Further discussion ensued regarding the expense of this program. He wished Steve Menard all the best in his retirement and thanked him for his 20 years of dedicated service on the Mounds View Police Department. He commented further on the staffing changes that had occurred within the department. He described the renovation work that was occurring at the Mounds View Police Department. He explained the EDA recently heard from four developers on how to redevelop the Skyline Motel property. He anticipated Bio-Clean would be expanding in conjunction with this project. He stated the Council held a Truth in Taxation hearing on Monday, December 2nd. Commissioner Monn expressed concern with the fact the City did not have a procurement process in place for the Skyline Motel RFP’s. City Administrator Zikmund reported the City Council was following direction of the City Attorney and all State laws had been followed when developers were invited to speak with the Council. Further discussion ensued regarding the cost of waiting to develop this property. D. Planning Commissioner Reports Chair Stevenson reported the Mounds View Lions would be hosting a Waffle Breakfast at Edgewood Middle School on Sunday, December 8th from 9:00 a.m. to 1:00 p.m. He invited all in the community to attend this event. 8. Approval of Minutes September 4, 2019. MOTION/SECOND: Commissioner Rundle/Chair Stevenson. To approve the Minutes of the September 4, 2019 regular Planning Commission meetings as presented. Ayes – 7 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, December 18, 2019 B. Wednesday, January 15, 2020 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:55 p.m. ______________________________________________________________________________ Mounds View Planning Commission December 4, 2019 Regular Meeting Page 7 ________________________________________________________________________ Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 18, 2019 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for December 18, 2019. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Farmer, French, Monn, Nelson, Rundle, and Stevenson. Absent and Excused: Commissioner Klander. Also Present: Community Development Director Jon Sevald and Council Member Gary Meehlhause. ______________________________________________________________________________ Index to Minutes Page Resolution 1111-19, Recommending Approval of a Conditional Use Permit 2 and Development Review of Tommy Car Wash at 2525 Mounds View Boulevard Discussion of Regular Meeting start time (6:30 vs 7:00 p.m.) 4 Approval of Minutes 4 _____________________________________________________________________________ 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission December 18, 2019 Regular Meeting Page 2 ________________________________________________________________________ 5. Resolution 1111-19, Recommending Approval of a Conditional Use Permit; and Development Review of Tommy Car Wash; 2525 Mounds View Boulevard Community Development Director Sevald stated Paces Lodging Corporation is proposing to build a Tommy Car Wash at 2525 Mounds View Boulevard (former Snyder’s), located on the northeast corner of Mounds View Boulevard and Long Lake Road. The car wash will be automated, although an attendant may provide a pre-wash prior to vehicles entering the wash tunnel. The car wash will be open Monday – Saturday, 8:00 AM – 9;00 PM, and Sundays, 9:00 AM – 6:00 PM. Tommy Car Wash is a national franchise. Within Minnesota, there is one location in New Hope (2019), and one under construction in Rochester (2020). Staff suggested the cement board material be changed to masonry. Staff recommended the Planning Commission hold a public hearing and approve the Conditional Use Permit as requested. Chair Stevenson asked if the City has had a difficult time moving on this piece of property since 2010. Community Development Director Sevald indicated the most recent potential buyer was for a commercial daycare, but the owner walked away after learning the property had polluted soils. He commented the site did not have enough parking for a church or restaurant. He explained the car wash was a much better fit for the property. Commissioner Farmer inquired if access off of Mounds View Boulevard would be lost. Community Development Director Sevald stated the County would review any proposed use and could grant or deny an access permit onto Mounds View Boulevard. Commissioner Nelson recommended a fence be considered to keep the stacked car lights from shining onto Mounds View Boulevard in the evening hours. Community Development Director Sevald reported a privacy fence would be located along the east property line. He noted evergreen shrubs could be added to the property to screen the headlights. Commissioner Nelson requested further comment on the placement of the vacuums. Joe Christenson, Paces Lodging, introduced himself to the Commission. He noted his organization has been a franchisee for Tommy’s for the past year. He commented Tommy’s was excited to be located in Mounds View. He stated he would work with staff to address the siding material concerns. He indicated he would like the metal panels to remain because it makes the exterior unique. Commissioner Monn questioned what made this car wash unique. Mr. Christenson stated Tommy’s was a very convenient and quick option for those needing a car wash. He reported car washes were completed in 90 seconds. He noted Tommy’s had a proprietary system and was becoming very popular. Commissioner Monn asked if the site should have more parking. Community Development Director Sevald reported employees would be the only people that would need parking. Commissioner Monn inquired if the City should be concerned about traffic backing up onto Bronson and Long Lake. Community Development Director Sevald reported the waiting lane Mounds View Planning Commission December 18, 2019 Regular Meeting Page 3 ________________________________________________________________________ had adequate space for 30 cars and staff was not concerned with cars backing up onto adjacent roadways. Chair Stevenson stated he would like to see more screening on the site to protect cars on Mounds View Boulevard from headlight wash. He commented if this was addressed, he could support the project. Community Development Director Sevald recommended the Commission make this a condition for approval and staff would work through this matter with the applicant. Commissioner Nelson asked why the Public Works facility had metal siding. Community Development Director Sevald reported this is zoned Industrial, and this siding was durable and cheap. Mr. Christenson reported the metal siding he was proposing to use was much higher end. Community Development Director Sevald commented he could support the use of metal panels but recommended the cement board be changed out. Mr. Christenson commented where the concrete panels would be located along the longer portions of the building. Further discussion ensued regarding the drainage on the site. It was noted the impervious surface on this property would be reduced. Commissioner Monn requested staff review the recommendations for approval. Community Development Director Sevald reviewed the recommendations at length with the Commission. Commissioner Monn commented she would like to see masonry as proposed within City Code on this building. Commissioner Nelson explained the property was meeting City Code, however, there was a gray area in the code. Community Development Director Sevald commented there was a gray area. Commissioner Farmer questioned what the intent of City Code was specific to building materials. Community Development Director Sevald reported this was speculative. He indicated the intent was to have more brick buildings and not metal corrugated buildings. He commented how building materials have evolved over time. Chair Stevenson stated it could be interpreted that the applicant was in compliance with City Code due to the use of metal, glass and brick. MOTION/SECOND: Commissioner Nelson/Commissioner Rundle. To approve Resolution 1111-19, a Resolution Recommending Approval of a Conditional Use Permit and Development Review of Tommy Car Wash at 2525 Mounds View Boulevard, directing staff to work with the applicant to add additional screening to the site to block any nuisance lighting from oncoming traffic. Ayes – 6 Nays – 0 Motion carried. Mounds View Planning Commission December 18, 2019 Regular Meeting Page 4 ________________________________________________________________________ _____________________________________________________________________________ 6. Other Planning Activity A. Discussion of Regular Meeting Start Time (6:30 p.m. vs. 7:00 p.m.) Community Development Director Sevald requested the Commission discuss changing the Planning Commission start time to 6:30 p.m. Commissioner French stated it worked better for his schedule to begin meetings at 7:00 p.m. Commissioner Monn agreed. The consensus of the Commission was to keep the Planning Commission meeting start time at 7:00 p.m. ______________________________________________________________________________ 7. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald stated he had nothing active at this time. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He reported the Council received four presentations for the Skyline Motel property and noted these developers would be addressing the Council again on Monday, January 6th. D. Planning Commissioner Reports None. 8. Approval of Minutes Action on this item was postponed to January of 2020. Mounds View Planning Commission December 18, 2019 Regular Meeting Page 5 ________________________________________________________________________ 9. Next Planning Commission Meeting: A. Wednesday, January 15, 2020 B. Wednesday, February 5, 2020 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:03 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.