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HomeMy WebLinkAboutAgenda Packets - 2025/05/07 CITY OF MOUNDS VIEW PLANNING COMMISSION AGENDA MOUNDS VIEW CITY HALL Wednesday, May 7, 2025 6:00 P.M. 1. CALL TO ORDER 2. ROLL CALL: Chair Farmer, Vice-Chair Munson, Urlacher, Nelson, Stevenson, Rundle, Larson 3. APPROVAL OF AGENDA 4. CONSENT AGENDA A. Approval of Minutes: March 19, 2025 5. SPECIAL ORDER OF BUSINESS A. (none) 6. PUBLIC COMMENT Citizens may speak to issues relating to Planning and Zoning not on the agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. As a reminder, public comment is for addressing the Planning and Zoning Commission only. Comments or concerns regarding staff must be submitted in writing to the Mayor or City Administrator. Failure to respect these guidelines will result in the Chair asking you to cease commenting and asking you to return to your seat. That said, is there anyone here for public comment? 7. PLANNING BUSINESS A. Parking Zoning Code Amendments B. Amending the ADU Zoning Amendments C. Preliminary Zoning Request, 4800 Mustang Circle 8. REPORTS A. Reports of Staff B. Reports of Council C. Reports of Planning Commissioners 9. NEXT PLANNING COMMISSION MEETINGS: A. Wednesday, May 21, 2025 at 6:00 p.m. B. Wednesday, June 4, 2025 at 6:00 p.m. 10. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 19, 2025 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Farmer at 6:00 p.m. for March 19, 2025. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Farmer, Munson, Nelson, Stevenson and Urlacher. Absent and Excused: Commissioners Rundle and Larson. Also Present: Assistant City Administrator Brian Beeman and Council Member Sherry Gunn. ______________________________________________________________________________ 3. Approval of Agenda MOTION/SECOND: Commissioner Munson/Commissioner Nelson. To approve the agenda as presented. Ayes – 5 Nays – 0 Motion carried. 4. Consent Agenda A. Approval of Minutes: February 5, 2025 MOTION/SECOND: Commissioner Stevenson/Commissioner Urlacher. To approve the Minutes of the February 5, 2025 regular Planning Commission meetings as presented. Ayes – 5 Nays – 0 Motion carried. 5. Special Order of Business None. Mounds View Planning Commission March 19, 2025 Regular Meeting Page 2 ________________________________________________________________________ 6. Public Comment None. ______________________________________________________________________________ 7. Planning Business A. Rezoning of 2833 Mounds View Boulevard, 2840 Mounds View Boulevard, and 7861 Groveland Road. 1) Resolution 1178-25 Recommending Approval of the Ordinance Rezoning the Property at 2833 Mounds View Boulevard from R-1 Single Family to B-3 Highway Business 2) Resolution 1179-25 Recommending Approval of the Ordinance Rezoning the Property at 2840 Mounds View Boulevard from B-2 Limited Business to B-3 Highway Business 3) Resolution 1180-25 Recommending Approval of Ordinance Rezoning the Property at 7861 Groveland Rd from b-2 Limited Business to B-3 Highway Business Phil Carlson, Stantec, stated three parcels in the City along and near Mounds View Boulevard are ripe for redevelopment and City staff has discussed rezoning them to B-3 Highway Business to be ready. They are 2833 Mounds View Boulevard (owned by the City), 2840 Mounds View Boulevard (former Simon’s, owned by Phoenix Realty, LLC), and 7861 Groveland Road (behind Simon’s, owned by the City), illustrated on the next page. The 2833 parcel is currently R-1, the other two are currently B-2. All are being rezoned to B-3 because that zone allows drive-thru businesses, which are a possibility for the sites. A fourth commercial parcel at 2848 Mounds View Boulevard may redevelop, but it is already zoned B-3. The City-owned site at 2716 Hillview Road, now zoned R-1, has been discussed for redevelopment, but is not part of this rezoning action at this time. Staff commented further on the request and recommended the Planning Commission hold a public hearing and approve the rezonings as requested. Commissioner Urlacher stated she believed the proposed rezonings made a lot of sense and she appreciated the fact the rezonings would bring new business to the community. Commissioner Nelson agreed noting this was the plan for these properties within the Comprehensive Plan. Further discussion ensued regarding the parking requirements for these parcels and staff noted both parcels would be required to redevelop the site. MOTION/SECOND: Commissioner Stevenson/Commissioner Nelson. To recommend the City Council approve Resolution 1178-25 Recommending Approval of the Ordinance Rezoning the Property at 2833 Mounds View Boulevard from R-1 Single Family to B-3 Highway Business. Mounds View Planning Commission March 19, 2025 Regular Meeting Page 3 ________________________________________________________________________ Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Stevenson/Commissioner Nelson. To recommend the City Council approve Ordinance 1037, Rezoning the property at 2833 Mounds View Boulevard from R-1 Single Family Residential to B-3 Highway Business. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Munson/Commissioner Urlacher . To recommend the City Council approve Resolution 1179-25 Recommending Approval of the Ordinance Rezoning the Property at 2840 Mounds View Boulevard from B-2 Limited Business to B-3 Highway Business. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Munson/Commissioner Urlacher. To recommend the City Council approve Ordinance 1038, Rezoning the property at 2840 Mounds View Boulevard from B-2 Limited Business to B-3 Highway Business. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Nelson/Commissioner Munson. To recommend the City Council approve Resolution 1180-25 Recommending Approval of Ordinance Rezoning the Property at 7861 Groveland Road from B-2 Limited Business to B-3 Highway Business. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Nelson/Commissioner Munson. To recommend the City Council approve Ordinance 1039, Rezoning the property at 7861 Groveland Road from B-2 Limited Business to B-3 Highway Business. Ayes – 5 Nays – 0 Motion carried. B. Resolution 1181-25, Amending the Mounds View Zoning Code Removing Minimum Project Size and Frontage Requirements for Planning Unit Developments Phil Carlson, Stantec, stated the Mounds View Zoning Code currently has minimum size and frontage requirements for planned unit developments (PUDs). City staff has discussed removing these minimums to allow properties of any size to be processed as a PUD. The proposed ordinance would accomplish this by removing standards in three sections of the ordinance. The size and frontage limits are not needed, we believe, and hamper reasonable development and redevelopment of smaller parcels. The pertinent code sections are as follows, with strikeout text noting what is recommended for deletion. Standards relating to parcel size and required frontage are in three separate sections, relating to residential, commercial or industrial, and mixed use Mounds View Planning Commission March 19, 2025 Regular Meeting Page 4 ________________________________________________________________________ PUDs. The size limits for these three types of PUDs are currently 3 acres, 5 acres, and 4 acres, respectively, and 200 feet of street frontage. He reviewed the current standards in further detail with the Commission and recommended the Planning Commission hold a public hearing and approve the Zoning Code Amendment as requested. Commissioner Nelson asked if there was a minimum lot size for commercial properties. Assistant City Administrator Beeman discussed how the City was almost fully built out and new standards were required for the redevelopment of parcels. He explained the City did not have 3, 4 and 5 acre parcels remaining, which was the reason the City was recommending more flexibility for parcel sizes. Commissioner Nelson supported the City revisiting its parking requirements for commercial properties. Mr. Carlson discussed how parking requirements have been reduced over time. The consensus of the Commission was to direct staff to revisit the parking standards in order to bring forward a Resolution for future consideration. MOTION/SECOND: Commissioner Munson/Commissioner Stevenson. To recommend the City Council approve Resolution 1181-25, Recommending Approval of the Ordinance Removing Minimum Project Size and Frontage Requirements for Planned Unit Developments. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Munson/Commissioner Stevenson. To recommend the City Council approve Ordinance 1040, amending the Mounds View Zoning Code removing minimum project size and frontage requirements for Planned Unit Developments. Ayes – 5 Nays – 0 Motion carried. 8. Reports A. Reports of Staff Assistant City Administrator Beeman discussed upcoming planning cases with the Commission. It was noted the Commission may not be meeting again until early May. B. Reports of Council Council Member Gunn provided the Planning Commission with an update from the City Council. She explained the Council has been meeting with Assistant City Administrator Beeman in order to discuss the City’s vision and strategic planning. She reported the Council met with the Charter Commission on Monday, March 18 where the group discussed how to best reappoint Councilmembers if there is an unforeseen vacancy. She noted the Council has been working on updating City Ordinances. She commented the City was still working with MN Roots on Mounds View Planning Commission March 19, 2025 Regular Meeting Page 5 ________________________________________________________________________ municipal cannabis and she appreciated the fact the City had its foot in the door for this use. She reported the Festival in the Park Committee and the Community Center staff was working to fill eggs for the upcoming Easter Egg hunt. C. Reports of Planning Commissioners None. 9. Next Planning Commission Meeting: A. Wednesday, April 2, 2025 at 6:00 p.m. B. Wednesday, April 16, 2025 at 6:00 p.m. ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Farmer adjourned the meeting at 6:46 p.m. ______________________________________________________________________________ Respectfully submitted, Brian Beeman Assistant City Administrator Transcribed by: Heidi Guenther Minute Maker Secretarial City of Mounds View Staff Report Item No: 07A Meeting Date: May 7, 2025 Type of Business: Planning Business To: Mounds View Planning Commission From: Phil Carlson, AICP, Stantec, City Planner Item Title/Subject: Parking Regulations Request: Possible Zoning Code Amendments Introduction: The City Council has asked that the Planning Commission review the parking regulations in the Zoning Code for commercial uses. The issue is that the required ratios for parking may be too high, resulting in too much pavement being required for businesses, both an economic and an environmental problem. This is a discussion item at this point for the Planning Commission. Analysis I reviewed Mounds View’s parking regulations for the number of spaces required for various commercial uses (not all uses) and compared them to a number of nearby communities, plus Burnsville, which did a major parking study recently. Mounds View’s standards are mostly within the range of other communities, but some are higher. The trend in recent decades is to reduce the required parking for many office and retail uses, which reflects the concern that the Council has. In the 1960s many cities used a typical standard of 5.5 spaces per 1,000 square feet of floor area for retail uses and 5 spaces per 1,000 for office uses. These standards made their way into zoning ordinances in almost every city in the country. In the decades since, many cities have reviewed their experience and done their own studies and reduced these numbers, often also including a maximum parking standard. This is the case in Burnsville where there are minimum and maximum numbers for some uses. The question of parking demand is unfortunately complicated, and one number never fits every use and business exactly. If the parking standard is too high, we impose a financial burden on businesses and on stormwater management issues. Plus, a “sea of asphalt” is not attractive. If the parking standard is too low, we run the risk of parking and traffic safety problems on site or of parking spilling onto city streets or nearby properties. Getting the “right” number is not easy, but we can recommend reasonable numbers that should fit most situations. The attached table lists the current Mounds View parking standards and the standards from other cities we reviewed. For ease of use, the Mounds View standards and many of the others are condensed or simplified from the full text in the ordinance. In most cases, the comparisons are “apples-to-apples” but for some uses, for example restaurants, there are standards based on seating, on floor area, and on employes, and sometimes all three. Planning Commission Staff Report 5/7/2025 – Parking Regulations – Possible Zoning Code Amendments Page 2 The Mounds View Vision A Thriving Desirable Community The full text of code standards is usually condensed or abbreviated in the table. The first use in the table has the full text of the parking standard excerpted below, then the condensation or abbreviation we used in the table, for example: • Full text: Eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 square feet • Condensed: 8 + 12.5/k over 1,000 sq ft [where “k” = 1,000 sq ft] Refer to the Notes at the bottom of the table. Many standards are based on square footage, which is often per 1,000 square feet of floor area, or per employee. The existing and proposed standards are in one table, and some are color coded as noted: k = 1,000 sq ft; empl = employee; Dr = doctor Dark blue type = original Mounds View code text for auto/bus/bldg supply use Light blue type = proposed split of uses Green type = proposed standard, same as existing The first use in the table – auto repair, bus terminal, etc. – includes a number of different uses that in other codes are broken out into separate uses and standards. I have separated that use into two uses in the proposed standards (the dark blue is divided into the two light blue boxes). All other uses are as stated in the Mounds view code, although I have interpreted the uses in the other cities to fit with the uses listed in the Mounds view code – close but not exact in all cases. Summary Recommendations The attached table lists the current Mounds View parking standards (condensed), the proposed standard, and the standards from the other eight cities we surveyed. There are 14 uses listed (originally 13 – the first use is divided into two). Of these, nine uses would keep the same standard and five are proposed with new standards. A discussion of each is summarized below. 1) Auto repair, major bus terminal, taxi terminal, boats and marine sales and repair, bottling company, shop for a trade employing six or less people, garden supply store, building materials sales in structure This use is a mix of several different uses and is awkward in its current form. I propose separating out auto and boat repair as a separate use and keeping the rest as one use. The standards stay the same, just separated out: Major bus terminal, taxi terminal, bottling company, shop for a trade employing six or less people, garden supply store, building materials sales in structure 8 spaces plus 12.5 spaces per 1,000 sq ft over 1,000 sq ft Auto repair, boats and marine repair Two spaces per bay plus one per employee on the larger shift Planning Commission Staff Report 5/7/2025 – Parking Regulations – Possible Zoning Code Amendments Page 3 The Mounds View Vision A Thriving Desirable Community 2) Bowling alley The full text of the current parking standard is: At least five parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure I proposed leaving this standard as is, simplified in the table as 5 spaces per lane. Keeping the language about related uses is good, since a bowling alley may have a separate restaurant, store or other use that could generate parking demand beyond bowlers. 3) Religious institution, theater, auditorium The full text of the parking standard is: At least one parking space for each four seats, based on the design capacity of the main assembly hall. Facilities, as may be provided in conjunction with such buildings or uses, shall be subject to additional requirements which are imposed by this chapter Most other cities have a standard of one per three seats, which I recommend. I recommend keeping the text about other facilities or uses. The new standard would be: At least one parking space for each four three seats, based on the design capacity of the main assembly hall. Facilities, as may be provided in conjunction with such buildings or uses, shall be subject to additional requirements which are imposed by this chapter 4) Community center, physical culture studio, library, private club, lodge, museum, art gallery This is another use that is a combination of several uses and may be a bit unwieldy. The full text of the current parking standard is: Ten spaces, plus one for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure There is a range of standards in other cities, with different criteria used. I suggest going back to a simple standard based on square feet: Three spaces for each 1,000 square feet of floor area This has been simplified in the table as: 3/1000 5) Drive-in establishment and convenience food The current parking standard is as follows, which I suggest keeping: At least one space for each 40 square feet of gross floor area of dining or one parking space per three seating spaces, whichever is greater, and one space for each 80 square feet of kitchen area or one space per employee, whichever is greater Planning Commission Staff Report 5/7/2025 – Parking Regulations – Possible Zoning Code Amendments Page 4 The Mounds View Vision A Thriving Desirable Community This has been simplified in the table as: 25/k or 1/3 seats dining; + 12.5/k kitchen or 1/empl 6) Manufacturing, fabricating or processing of a product or material; warehouse, storage, handling of bulk goods This is more of an industrial use, but I included it in the analysis. This definition also includes things which are often separated: manufacturing vs. warehouse or storage. The current parking standard is as follows, which I suggest keeping, since if offers two ways to calculate – employees or floor area: At least eight spaces, plus one space for each two employees on each shift based on maximum planned employment or, at a minimum, at least eight spaces, plus one space for each 500 square feet of floor area This has been simplified in the table as: 8 + 0.5/empl or 2/1000 7) Medical, dental or hospital out-patient clinics Medical clinics often have a higher parking demand than other office uses. This is reflected in the higher parking ratios most cities require. The current Mounds View standard is either by area or by doctor: One space for each 100 square feet of net floor area or seven and one-half spaces per doctor, whichever number of parking spaces is greater Most other cities rely simply on floor area, which I recommend: Six spaces for each 1,000 square feet gross floor area Simplified in the table to: 6/1000 8) Motel, motor hotel, hotel The city’s current standard is similar to most other cites and I recommend keeping it. THE current standard is: One space per each rental unit, plus one space for each ten units and one space for each employee on any shift This has been simplified in the table as: 1.1/rm + 1/empl Planning Commission Staff Report 5/7/2025 – Parking Regulations – Possible Zoning Code Amendments Page 5 The Mounds View Vision A Thriving Desirable Community 9) Motor fuel station The city’s current standard is similar to most other cites and I recommend keeping it. There is an added section about other uses that may require additional parking: At least four off-street parking spaces, plus two off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this chapter This has been simplified in the table as: 4 + 2/bay 10) Office building, animal hospital and professional office The city’s current standard is quite high – 5.8/1000 compared to most other cities at 3.5 to 5.0. The current standard is a follows Three spaces, plus one space for each 175 square feet of floor area I recommend a simpler standard based on floor area: Four spaces for each 1,000 square feet This has been simplified in the table as: 4/1000 11) Restaurant, café, private club serving food and/or drinks, bar, tavern, nightclub The city’s current standard is fairly typical and although complex, I recommend keeping it: At least one space for each 40 square feet of gross floor area of dining and bar area or one parking space per three seating spaces, whichever is greater and one space for each 80 square feet of kitchen area or one space per employee, whichever is greater This has been simplified in the table as: 25/k dining & bar or 1/3 seats; 12.5/k kitchen; or 1/empl 12) Retail sales and service business with 50% or more of gross floor area devoted to storage, warehouses and/or industry Mounds View separates out this use for businesses that have significant storage area, which is somewhat unique but I recommend keeping it as is: At least eight spaces or one space for each 100 square feet devoted to public sales or service, plus one space for each 500 square feet of storage area; or at least eight spaces or one space for each employee on the minimum shift, whichever is appropriate Planning Commission Staff Report 5/7/2025 – Parking Regulations – Possible Zoning Code Amendments Page 6 The Mounds View Vision A Thriving Desirable Community This has been simplified in the table as: 8 or 10/k sales + 2/k storage; or 1/empl 13) Retail store and service establishment Mounds View’s current standard – 10/1,1000 sq ft – is double what most cities require: separates out this use for businesses that have significant storage area, which is somewhat unique but I recommend keeping it as is: At least one off-street parking space for each 100 square feet of retail floor area, plus one per employee I recommend replacing it with the more common standard: Five spaces for each 1,000 square feet of gross floor areal This has been simplified in the table as: 5/1000 These recommendations are for discussion. If there is consensus among the Planning Commission members we can prepare ordinance amendments and bring those to a future meeting, then take them to the City Council for a public hearing and adoption. Respectfully submitted, Phil Carlson, AICP City Planner Attachment: Comparative Parking Requirements table COMPARATIVE PARKING REQUIREMENTS Use Mounds View/Condensed Proposed Sp Lk Pk Shorevw Col Hts Blaine New Br Maple Gr Br Park Burnsville Auto repair, major bus terminal, taxi terminal, boats and marine sales and repair, bottling company, shop for a trade employing six or less people, garden supply store, building materials sales in structure 8 + 12.5/k over 1,000 sq ft 3/bay + 1/empl 1/empl + 5/bay 3.3/1000 + 2/bay 2/bay 2/empl 3/bay Major bus terminal, taxi terminal, bottling company, garden supply store, building materials sales in structure 8 + 12.5/k over 1,000 sq ft 8 + 12.5/k over 1,000 sq ft Auto repair, boats and marine repair 2/bay + 1/empl 2/bay + 1/empl 3/bay + 1/empl 1/empl + 5/bay 3.3/1000 + 2/bay 2/bay 2/empl 3/bay 3/bay or 12.5/k + 1/empl Bowling alley 5/lane 5/lane 5/lane 5/lane 5/lane 5/lane + 2.5/k other 2/lane 5/lane 5/lane 4/lane Religious institution, theater, auditorium 1/4 seats 1/3 seats 1/3 seats or 5 ft pew x 1/3.5 seats 1/4 seats 1/3 seats 1/3 seats 1/2.5 seats 1/3 seats Community center, physical culture studio, library, private club, lodge, museum, art gallery 10 + 6.7/k over 2,000 sq ft 3/1000 30% of bldg capacity 2/empl + 2/1000 3.3/1000 Drive-in establishment and convenience food 25/k or 1/3 seats dining; + 12.5/k kitchen or 1/empl 25/k or 1/3 seats dining; + 12.5/k kitchen or 1/empl 35/1000 67/1000 25/1000 dining/svc area 15/1000 6.7/1000 20/k GFA + 1/empl 20/k + 1/empl Manufacturing, fabricating or processing of a product or material; warehouse, storage, handling of bulk goods, post offices 8 + 0.5/empl or 2/1000 8 + 0.5/empl or 2/1000 1/k whse; 2/k mfg 0.5/k whse; 3/k mfg 0.5/k whse; 2/k mfg 1/k whse; 2.5/k mfg 0.5/k whse; 2.8/k mfg +1/empl + 1/truck 2.5/k mfg 4 + 1.25/k Medical, dental or hospital out-patient clinics 10/1000 or 7.5/Dr 6/1000 6/1000 5/1000 3.3/1000 6.7/1000 3.5/1000 6.7/1000 6.7/1000 6/1000 Motel, motor hotel, hotel 1.1/rm + 1/empl 1.1/rm + 1/empl 1/rm + 1/empl 1/rm + 1/empl 1/rm 1/rm 1.25/rm 1.1/rm + 1/empl 1.25/rm 1/rm + 1/empl Motor fuel station 4 + 2/bay 4 + 2/bay 3/bay + 1/empl 2/bay 5/1000 1/pump + 1/empl Office building, animal hospital and professional office 3 + 5.8/1000 4/1000 4/1000 5/1000 3.3/1000 4/1000 3.5/1000 4/1000 5.5/1000 max <5k sq ft: 5-5.5/k max; >6k sq ft: 3.5- 4/k max Restaurant, café, private club serving food and/or drinks, bar, tavern, nightclub 25/k dining & bar or 1/3 seats; 12.5/k kitchen; or 1/empl 25/k dining & bar or 1/3 seats; 12.5/k kitchen; or 1/empl 15/1000 1/3 seats 1/3.5 seats 10/k dining + 25/k bar + 5/k kitchen 15/1000 25/k dining & bar; 12.5/k kitchen 25/k dining & bar; 12.5/k kitchen 1/3 seats; or 10/k + 1/empl Retail sales and service business with 50% or more of gross floor area devoted to storage, warehouses and/or industry 8 or 10/k sales + 2/k storage; or 1/empl 8 or 10/k sales + 2/k storage; or 1/empl 5/k sales; 2/k storage Retail store and service establishment 10/1000 5/1000 10/1000 5.5/1000 3.3/1000 5/k up to 100k + 2.8/k above 3/1000 5/1000 5/1000 5/1000 Notes: k = 1,000 sq ft; empl = employee; Dr = doctor Dark blue type = original Mounds View code text for auto/bus/bldg supply use Light blue type = proposed split of uses Green type = proposed standard, same as existing Green type bold = proposed new standard Item No: 07B Meeting Date: May 7, 2025 Type of Business: Planning Business Planning Case: SP-237-25 City of Mounds View Staff Report To: Mounds View Planning Commission From: Phil Carlson, AICP, Stantec, City Planner; Kribashini Moorthy, AICP-C, Stantec, City Planner Item Title/Subject: ADU Zoning Amendment Request: Zoning Code Amendments Introduction: 1. Owner Occupancy Requirement: • According to § 160.087 (A) Accessory Buildings for R-1 (Single-Family Residential District) District, the code currently does not have language regarding the requirement for owner occupancy. This requirement is proposed to be included in the zoning code along with a restrictive covenant recorded against the property that shall be filled and submitted by the owner. This needs to be submitted before the Certificate of Occupancy for the ADU is issued. 2. Exterior Modifications: • According to § 160.087 Accessory dwelling units (I) (internal) for R-1 (Single- Family Residential District) District, the City does not allow any exterior modifications to the existing home, excluding doors and windows. This poses challenges and removes the flexibility of converting a principal structure to an ADU later on. The proposed language is to include interior modifications and exterior modifications under certain conditions. Exterior modifications to ADUs are permitted such that they do not alter the detached nature of the ADU and seamlessly integrate with the primary residence, ensuring the ADU remains part of the existing structure. Recommendation: We request the Planning Commission recommend approval of attached ordinance amending two section of §160.087 by motion. Respectfully submitted, ______________________ Phil Carlson, AICP City Planner Attachment(s): Draft Ordinance Restrictive Covenant ORDINANCE 1042 - DRAFT CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW ZONING CODE ON STANDARDS RELATING TO ACCESSORY DWELLING UNITS The City of Mounds View Ordains: Section 1. Background; authority. 1.01. The city of Mounds View (“City”) has adopted a zoning ordinance pursuant to the authority granted by the Municipal Planning Act. M.S. §§ 462.351 to 462.365, inclusive, as they may be amended from time to time. 1.02. Sections 160.450 and 160.451 of the Mounds View Zoning Ordinance detail the process and requirements for amending the zoning code. Section 2. The City Council of the City of Mounds View hereby amends Title XV: Land Usage, Section 160.087 (I)(1) to read as follows: (I) Accessory dwelling unit (internal). (1) One accessory dwelling unit (ADU) may be located on a lot occupied by a single- family home (principal dwelling). The lot must comply with minimum dimensional standards. The accessory dwelling unit shall be located within the existing single- family home and shall not require any exterior modifications to the existing home, excluding doors and windows and may include interior modifications and exterior modification such that they do not alter the detached nature of the ADU and it seamlessly integrates with the primary residence ensuring the ADU remains part of the existing structure; Section 3. The City Council of the City of Mounds View hereby amends Title XV: Land Usage, Section 160.087 (I) to add a paragraph (10) to read as follows: (I) Accessory dwelling unit (internal). . . . (10) Prior to the issuance of Certificate of Occupancy for the ADU, at least one of the units must be occupied by the owner and a restrictive covenant must be submitted for review by the City Attorney and recorded against the property. Section 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication. Introduction and First Reading by the Mounds View City Council on May 12, 2025. Second Reading and Adoption by the Mounds View City Council on May 27, 2025 Publication Date: May 30, 2025. ______________________________ Zach Lindstrom, Mayor Attest: ______________________________ Nyle Zikmund, City Administrator (SEAL) 1 HOMEOWNER DECLARATION OF LAND USE COVENANTS, CONDITIONS AND RESTRICTIONS FOR ESTABLISHMENT OF AN ACCESSORY DWELLING UNIT IN THE CITY OF MOUNDS VIEW, MINNESOTA This Homeowner Declaration of Land Use Covenants, Conditions, and Restrictions for Establishment of an Accessory Dwelling Unit (“Declaration”) is made this ____________ day of___________, 20___, by __________________________________, and __________________________________ (“Declarant”). Recitals WHEREAS, Declarant is the owner in fee simple or in equity of that real property located at __________________________________, Mounds View, Ramsey County, Minnesota, and legally described on Exhibit A (the “Property”), and WHEREAS, Declarant desires to establish on the Property an accessory dwelling unit (“ADU”) as defined, permitted, and regulated under Mounds View City Code § 160.087, as amended from time to time (the “Code”); and WHEREAS, Declarant understands and agrees that the ADU on the Property shall only be occupied in compliance with the restrictions and requirements of the Code and this Declaration; Declarant, in consideration of the benefits to be derived by Declarant in obtaining a building or zoning permit from the City of Mounds View (“City”) for construction and occupancy of the ADU on the Property, and other good and valuable consideration, hereby agrees as follows: 1. Declarant hereby declares that the Property shall be held, occupied, improved, transferred, sold, leased, and conveyed, subject to the covenants, conditions, and restrictions as set forth herein in perpetuity, which covenants, conditions, and restrictions shall be binding upon all persons acquiring, owning or occupying any interest in the Property. 2. This Declaration shall run with the land and shall insure to the benefit of the respective parties and their grantees, successors, heirs, assigns, and representatives. 3. The ADU shall be designed, constructed, used, and occupied only in full compliance with the standards and conditions of the Code including § 160.087, a current copy of which is attached hereto as Exhibit B and made a part of this Declaration. 4. The ADU or the principal dwelling unit on the Property shall at all times be occupied as the permanent and principal residence of the fee simple or equitable owner(s) of record of the Property, and the Declarant shall not use the Property for commercial or speculative purposes, and the Property shall not be used by any tenants of the Property for the foregoing purposes. 2 5. Upon the failure to fully comply with the requirements of paragraphs 3 and 4, above, the non- compliant unit(s) shall be vacated within 30 days or another reasonable time as ordered by the City. The non-compliant unit(s) shall remain vacant and unoccupied until the failure is cured and City gives written notice of compliance to the owner(s) of the Property. 6. The City is the representative of the general public and all other persons or entities also benefited by the covenants, conditions and restrictions set forth in this Declaration insofar as the enforcement, construction, interpretation, amendment, release and termination of such covenants, conditions and restrictions are concerned. The provisions of this Declaration cannot be amended, terminated, or released except by way of an instrument in writing duly executed by the City. 7. In the event of a violation or an attempted violation of any of the covenants, conditions and restrictions set forth in this Declaration, the City may institute and prosecute any proceedings at law or in equity to abate, prevent or enjoin such violation, or to specifically enforce the covenants, conditions and restrictions, or to recover monetary damages caused by such violation or attempted violation. No delay in enforcing the provisions of said covenants, conditions and restrictions as to any breach or violation shall impair, damage or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation, or any similar breach or violation thereof at any later time or times. The City shall be entitled to recover its reasonable attorneys’ fees, costs and expenses in bringing any proceedings or legal actions under this Declaration. 3 8. This Declaration shall be governed and interpreted by the laws of the State of Minnesota. IN WITNESS WHEREOF, _______________ _______ and _______________ ____ have executed this Declaration this _____ day of ____________________, 2_____. _____________________________ _____________________________ Signature Print name STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) This instrument was acknowledged before me this __________ day of _______________ 20___ by _________________, (a single person)(married to ____________), Declarant. Notary Public _____________________________ _____________________________ Signature Print name STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) This instrument was acknowledged before me this __________ day of _______________ 20___ by _________________, (a single person)(married to ____________), Declarant. Notary Public THIS INSTRUMENT WAS DRAFTED BY: [Owner name] [owner address] Mounds View, MN 55432 4 Exhibit A Legal Description of Property. ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ _________________ PID No. _______________________ 5 Exhibit B [ADU Ordinance} Item No:07D Meeting Date: May 7, 2025 Type of Business: Planning Business Planning Case: SP-236-25 City of Mounds View Staff Report To: Mounds View Planning Commission From: Brian Beeman, Assistant City Administrator Item Title/Subject: Preliminary Zoning Code Request – 4800 Mustang Circle Request: Preliminary Zoning Code Amendment Consideration Introduction: Ben Youds, a commercial real estate broker from Transwestern Real Estate Services is representing a client who is a hockey performance group. The group is looking at the industrial building located at 4800 Mustang Circle. However, their intended use currently doesn’t meet the zoning requirements. The group would like the Planning & Zoning Commission to conduct an informal preliminary review of a possible zoning change for that site to allow their intended use. They intend to utilize the space for shooting pucks, lifting weights, and video sessions. They are seeking an informal review of the use prior to going through the proper procedure of getting this use approved and amending the zoning code. Recommendation: We request the Planning Commission conduct an informal review of the potential use and possible zoning amendment to the code. If there is consensus to move forward, staff will bring a formal zoning code amendment to the Planning Commission at a future meeting. Respectfully submitted, ______________________ Brian Beeman, MPA, CMC Assistant City Administrator Attachment(s): 1) None