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HomeMy WebLinkAbout02-03-2021APPROVED PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 3, 2021 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Rundle at 7:00 p.m. for February 3, 2021. Due to the COVID-19 pandemic this meeting was held virtually. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Farmer, French, Monn, Munson, Nelson, Rundle, and Stevenson. Absent and Excused: None. Also Present: Community Development Director Jon Sevald and Council Member Gary Meehlhause. ______________________________________________________________________________ Index to Minutes Page Resolution 1129-21, Recommending Approval of a Development 2 Review of Midwest Motor Express at 2169 Mustang Drive Annual Review of Planning Commission Bylaws 6 Discussion – Tulien v. City of Minneapolis (Case Law) 6 Approval of Minutes 8 _____________________________________________________________________________ 3. Special Order of Business None. Mounds View Planning Commission February 3, 2021 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. Resolution 1129-21, Recommending Approval of Development Review of Midwest Motor Express at 2169 Mustang Drive Community Development Director Sevald stated MME is a regional “Less Than Truck-Load” (LTL) freight operator serving the northwest quadrant of the U.S. Freight arrives on partially filled semi-trailers, is unloaded inside the terminal, sorted, and re-loaded. The Mounds View terminal was established in 1974, and has been expanded a number of times by different owners. The property includes a freight terminal with offices, and a repair shop with fuel pumps. A Development Review is required for new primary buildings, and building expansions of 10,000 sq ft, or 10%, and compares plans to requirements in the City Code. The proposed addition to the truck terminal (25 dock doors) will expand the buildings’ footprint from 23,841 square feet, to 32,841 sq ft (9,000 square feet addition, or 38%), and shift semi-trailer parking stalls north. Staff recommended the Planning Commission recommend approval of the Development Review as requested. Commissioner Monn asked if an eight foot fence or other screening would be required along the shared property line with the mobile home park. Community Development Director Sevald suggested this question be passed along to the adjacent homeowners who were attending this meeting. He commented normally the City requires a six or eight foot fence. He was of the opinion that a six or eight foot fence would not provide adequate screening from the adjacent mobile home park, due to the height of the mobile home units. Alicia Hochstatter, 2124 Dickins Lane, stated she lived directly behind this business and had a clear view of the trucks behind her house. She commented on the large trees that were along the property line and questioned who owned these trees. She indicated these trees had numerous branches and limbs fall onto the mobile home park properties causing damage. She explained she would support a fence or some other type of screening being required. Commissioner Monn supported the City requiring some type of fencing in order to further screen this business from the adjacent mobile home units. Commissioner Nelson anticipated that a six foot fence would not really screen the view of the trucks given the height of the mobile home units. Commissioner Monn stated she believed some form of a fence would be better than no fence. Mounds View Planning Commission February 3, 2021 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Nelson suggested two rows of evergreens be considered instead of a fence. He asked whose land the existing trees were located on. Community Development Director Sevald explained there was a 30 foot easement behind this business that the trees were located on. He noted MME was responsible for maintaining this property. Further discussion ensued regarding the cottonwood trees on the easement. Commissioner Munson commented on the noise that was being created by the trucking business. She did not believe any type of fencing would block the noise being generated by MME. Commissioner Farmer asked what the height of the pine trees would be when mature. Community Development Director Sevald estimated the pine trees would be eight feet at planting and would be 40 feet when mature depending on the species. He estimated the existing berm was five feet in height and noted the pine trees on top of this berm would be eight feet in height. Commissioner Monn requested further information regarding the operations occurring at MME. Chris Bonello, Elder Jones Construction, explained he was helping MME with their proposed expansion. He understood MME was busier in the mornings and evenings as the trucks were coming and going. He stated he could not speak further to their day to day operations. Commissioner Monn questioned if the applicant would have additional lighting on site. Mr. Bonello reviewed the location of the proposed lighting and reported all lights would be downcast and directional. He stated he was working on a photometric light plan for staff to review. Patricia O’Toole, 2128 Dickins Lane, stated she lived next door to Alicia. She explained she was the one that had the water line break on her property. She indicated she has no trees behind her property which meant she had a clear view of MME. She commented she would like a fence installed between her property and MME. Commissioner Stevenson explained the proposed pine trees would be a good sound and sight barrier. Commissioner Monn questioned who would be responsible for the pine trees. Community Development Director Sevald stated the pine trees would be the responsibility of the property owner (MME). Ms. O’Toole explained none of the trees behind her home were replaced after the watermain break. She commented further about the ground shaking and noise that was generated by MME. She discussed the damage that occurred to her property due to the watermain break. Community Development Director Sevald apologized but stated he was not familiar with the watermain break. Commissioner Monn asked how far the mobile home park was from the berm. Community Development Director Sevald stated the mobile home park was 57 feet from the berm. Mounds View Planning Commission February 3, 2021 Regular Meeting Page 4 ________________________________________________________________________ Commissioner Monn reported the MME site had no ADA parking stalls and asked if this was a concern. She recommended MME be required to install two ADA stalls. Community Development Director Sevald explained the parking lot would be restriped and ADA stalls would be painted accordingly. Ms. Hochstatter explained 10 to 15 years ago she reached out to the trucking company that was onsite and encouraged them to take care of the cottonwood tree that was struck by lightning. She stated she received no help from the trucking company or the mobile home park owners. She indicated her fear now was that if a row of pine trees was planted these would not be maintained and would cause further damage to her property. Community Development Director Sevald questioned if the property owner would oppose removing the cottonwoods. Mr. Bonello stated the property owner was trying to join the meeting. He explained most of the trees were deciduous and offered no screening in the winter months. He did not believe MME would oppose going through and thinning out the dead and diseased trees. He indicated he would broach this subject with MME. Ms. Hochstatter stated this would be greatly appreciated, especially if the tree that was struck by lightning was removed. Commissioner Munson asked if MME were to handle the tree maintenance and cleanup would this alleviate some of the neighbor’s concerns. Ms. Hochstatter stated this would be a great relief. Commissioner Munson anticipated that trucks and trailers were coming to and from the site 24 hours a day. She discussed how vital the trucking industry was to keep food on the table and stores full of goods. Commissioner Monn inquired if the City had a noise and disturbance ordinance. She understood that construction could not begin prior to 7:00 a.m. She suggested this also be a requirement for this trucking company. Community Development Director Sevald commented on the City’s Noise Ordinance and stated the dropping of a trailer would not qualify within this ordinance. He explained MME had a conditional use permit that allowed them to operate 24 hours a day. Commissioner Monn stated because the owner was not in attendance and could not speak for himself, she recommended this item be tabled. Community Development Director Sevald asked what questions the Commission had. He reported if the current request were denied the trucking operation would remain in place. Commissioner Monn explained she would have liked to have had the applicant in attendance to address the staff recommendations along with the comments and questions from the Commission. Mr. Bonello discussed the parking lot improvements that would occur and noted the lot would be restriped and would meet ADA requirements. He explained the northern Mounds View Planning Commission February 3, 2021 Regular Meeting Page 5 ________________________________________________________________________ expansion of the lot was mainly used for parking and would not be used for trucks. He reported the main truck activity occurs along the sides of the building. Commissioner Nelson asked if an arborist could review these plans prior to making a recommendation to the Planning Commission. He stated he would like the property owner to put his best foot forward and recommended the correct plantings be put into the plans. Community Development Director Sevald explained staff had recommended two offset rows of evergreen trees. He reported this could be amended to read the species would be determined by the City Forester. Further discussion ensued regarding the landscaping plan. Commissioner Monn expressed concern with the stormwater drainage pond and if these would adversely impact the mobile home park. She questioned who would maintain the drainage ponds. Ben Ford, project engineer, discussed the Rice Creek Watershed District application process and noted MME would be responsible for maintaining the stormwater pond on a yearly basis. Commissioner Monn asked how MME would be maintaining its snow removal. Ben Ford commented on the snow removal plan for the site. Commissioner Farmer inquired if the conditions should be revised to ensure the City Forester has input on the tree species for the berm. Community Development Director Sevald stated the conditions could be amended to address this concern. Ben Ford explained he was proposing to plant Black Hills Spruce pine trees. Commissioner Monn supported the addition of this condition, but stated she would also like to see the applicant address the existing trees to ensure the dead and diseased trees were removed. Community Development Director Sevald reported this would be addressed between the City and the applicant and did not have to be part of the conditions for approval because this was an enforcement issue. Commissioner Nelson questioned if a fence would be installed. Community Development Director Sevald stated there is currently a six foot chain link fence, and this would remain in place. MOTION/SECOND: Commissioner Stevenson/Commissioner Munson. To approve Resolution 1129-21, a Resolution Recommending Approval of a Development Review at 2169 Mustang Drive. A roll call vote was taken. Ayes – 6 Nay – 1 (Monn opposed) Motion carried. _____________________________________________________________________________ Mounds View Planning Commission February 3, 2021 Regular Meeting Page 6 ________________________________________________________________________ 6. Other Planning Activity A. Annual Review of Planning Commission Bylaws Community Development Director Sevald requested the Commission review and adopt the Planning Commission Bylaws. Commissioner Monn recommended Gary Stevenson’s name be removed from Page 5. Community Development Director Sevald explained these Bylaws were amended in 2020. The Chair’s name would not be changed until the next amendment. MOTION/SECOND: Commissioner Munson/Commissioner Nelson. To approve the Planning Commission Bylaws as presented. A roll call vote was taken. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ B. Discussion – Tulien v. City of Minneapolis (Case Law) Community Development Director Sevald stated in January, 2021, the Minnesota Court of Appeals ruled against the City of Minneapolis in its approval of a Conditional Use Permit (CUP) and Variances for an apartment building. The Court’s decision hinged on the Planning Commission’s lack of Findings in support of the project. Staff reviewed a memo from the City Attorney with more details and emphasized a couple of points. In the Court’s opinion, the City erred on two items: 1. Variances are to be approved when the City makes Findings of “practical difficulties” that are unique to the property, and not created by the property owner. In this case, the Planning Commission’s Findings were that the City Code is the Practical Difficulty, which is not unique to the property, but applies city-wide. 2. Conditional Use Permits (CUP) are to be approved when the City makes Findings based on a list of criteria. The CUP was to allow a building taller than four stories. During the Public Hearing, a neighbor objected to the proposed six stories (would cast shadows on their yard). The Findings for approval included a generic statement, similar to; The conditional use will not be injurious to the use and enjoyment of other property in the vicinity. The Appeals Court found no record in the Findings, nor in the meeting minutes, that the Commission considered the neighbor’s objections, thus the Finding was not supported. Community Development Director Sevald commented points that Staff would like to make: Mounds View Planning Commission February 3, 2021 Regular Meeting Page 7 ________________________________________________________________________ • Make good Findings. If there is a good project which is not supported by the City Code, it would be more appropriate to change the Code, than to grant a Variance with poor Findings. • When there is public opposition, the PC should acknowledge the public’s concerns, whether that be in the minutes, or in its Findings. Commissioner Nelson stated this was an interesting read and thanked staff for passing this information along to the Commission. Commissioner Monn asked how the omissions in the Minneapolis minutes could be proved. Community Development Director Sevald discussed how the attorneys trying this case proved their point. 7. Reports A. Upcoming Planning Cases & Activity Community Development Director Sevald discussed upcoming planning cases with the Commission noting he had a request from Beldon River View, which included four single family lots. B. Staff Updates Community Development Director Sevald provided the Commission with an update from staff. He explained the developer that was proposing an assisted living project on the Skyline Motel site has dropped out after receiving an updated market study. He commented the City would continue to seek a developer for this property. He further discussed the plans for how a portion of the site would be used for the Bio-Clean addition. C. Council Updates Council Member Meehlhause provided the Planning Commission with an update from the City Council. He congratulated Chair Rundle on being appointed Chair of the Planning Commission for 2021. He discussed the cost share agreement that had been approved for the SBM Fire Department. He noted County Commissioner Nicole Frethem recently attended a Council meeting and provided the Council with an update from the County Board. He commented on the City’s new snow emergency and towing policy. He reported the Council introduced an ordinance that would change the “No Parking” hours to be 12:00 a.m. to 6:00 a.m. D. Planning Commissioner Reports Mounds View Planning Commission February 3, 2021 Regular Meeting Page 8 ________________________________________________________________________ Commissioner Monn asked about the new jobs the Council approved for the Community Center. She suggested the City post its job openings on the City’s website. She stated she believed this would be a more transparent way to post and hire for these positions. 8. Approval of Minutes January 6, 2021. MOTION/SECOND: Commissioner Stevenson/Commissioner French. To approve the Minutes of the January 6, 2021 regular Planning Commission meetings as presented. A roll call vote was taken. Ayes – 7 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, February 17, 2021 B. Wednesday, March 3, 2021 10. Adjournment There being no further business before the Planning Commission, Chair Rundle adjourned the meeting at 8:36 p.m. ______________________________________________________________________________ Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther Minute Maker Secretarial