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HomeMy WebLinkAboutAgenda Packets - 2025/06/18 CITY OF MOUNDS VIEW PLANNING COMMISSION AGENDA MOUNDS VIEW CITY HALL Wednesday, June 18, 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: May 21, 2025 5. SPECIAL ORDER OF BUSINESS A. Resignation of Gary Rundle 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. Review and Recommend Approval of an Ordinance Amending the Zoning Code Relating to Public Hearing Process in Mounds View Code 8. REPORTS A. Reports of Staff- Planning & Zoning Commissioner Application Process B. Reports of Council C. Reports of Planning Commissioners 5. NEXT PLANNING COMMISSION MEETINGS: A. Wednesday, July 2, 2025 at 6:00 p.m. B. Wednesday, July 16, 2025 at 6:00 p.m. 6. ADJOURNMENT Item No: 07B Meeting Date: June 18, 2025 Type of Business: Planning Business Planning Case: SP-238-25 City of Mounds View Staff Report To: Mounds View Planning Commission From: Evan Monson, AICP, Stantec, City Planner Phil Carlson, AICP, Stantec, City Planner RE: Public Hearing Process in Mounds View Code INTRODUCTION The City Council directed staff to prepare amendments to the City Code so that public hearings for zoning and subdivision requests are heard in front of the Planning Commission instead of with the City Council. The City Attorney prepared a draft ordinance to accomplish this, amending several individual sections of the zoning code. The Planning Commission initially reviewed this at the May 21st Planning Commission meeting and tabled it for further review. The Planning Commission and City Council reviewed the item at a joint workshop held during the Council’s June 2nd work session meeting. The consensus was that the Council shall continue to hold public hearings for manufactured home park closures, while other requests as outlined in the initial draft ordinance would have a public hearing at the Planning Commission meetings. This change has been made to the draft ordinance included in the meeting materials and is identified later in this report. MINNESOTA STATE STATUTES Minnesota State Statutes have several references to public hearings by cities on zoning and subdivision matters: • Adopting or amending the comprehensive plan (MN Statutes 462.355, Subd. 2): the “planning agency” (Planning Commission) is required to hold a public hearing. • Adopting an interim ordinance – also called a moratorium (MN Statutes 462.355, subd. 4): the city council must hold a public hearing. Since this is in State statute, the city cannot change that requirement. • For adopting or amending a zoning ordinance (MN Statutes 462.357, Subd. 3), the statute says the hearing can be either by the planning agency or by the governing body (City Council). Changing the ordinance in several places to specify the Planning Commission as recommended here would be allowed under State statute. • Subdivision – plats, lot split, lot line adjustment (MN Statutes 462.358, Subd. 3b): the Statute says a hearing is required but does not specify under which body. Planning Commission Staff Report 6/18/2025 – Public Hearing Process in Mounds View Code Page 2 The Mounds View Vision A Thriving Desirable Community • Conditional use permits (MN Statutes 462.3595, Subd. 2): the Statute says a hearing is required but does not specify under which body. • Interim use permits (MN Statutes 462.3597, Subd. 3): the Statute says a hearing is required but does not specify under which body. • For variances, no public hearing requirement is noted in State statutes. CITY CHARTER The City Charter (adopted 1979, revised March 15, 2023) has no references to public hearings for zoning or subdivision matters. The question of public hearings for these requests, therefore, lies within the relevant ordinances noted here and not in the Charter. APPLICABLE CODE SECTIONS There are numerous mentions of public hearings in the City Code, but the following are the only actions involving planning, zoning, and subdivisions. These would fall under the purview of the Planning Commission and were reviewed as part of creating the draft ordinance amendment: Closure of a manufactured home park. Current: Chapter 151 of the City Code deals with manufactured home parks. Section 151.005 in that chapter requires the City Council to hold a public hearing if a park is recommended for closure. Proposed: After review and discussion by the Planning Commission and City Council, this will remain unchanged. Floodway and Flood Fringe district conditional use permits. Current: Section 154.058 requires a public hearing on conditional use permits in the Floodway or Flood Fringe Districts but does not specify where the hearing is held. Proposed: This is recommended to specify the Planning Commission. Preliminary plat approval. Current: Section 158.020 requires a public hearing in front of the City Council before approval of a preliminary plat (subdivision). Proposed: This would be changed to the Planning Commission. Wetland Zoning district modifications. Current: Section 159.006 requires a public hearing for the modification or elimination of a wetland zoning district, but it does not specify where the hearing is held. Proposed: This would be changed to specify the Planning Commission. Planning Commission Staff Report 6/18/2025 – Public Hearing Process in Mounds View Code Page 3 The Mounds View Vision A Thriving Desirable Community Planned Unit Development general concept plan. Current: Section 160.318 requires a public hearing in front of the City Council before approval of a planned unit development (PUD) general concept plan. Proposed: This would be changed to the Planning Commission. Conditional Use Permits. Current: Section 160.450 requires the City Council to hold public hearings on conditional use permits (CUP). Proposed: This would be changed to the Planning Commission. CRP District development plans. Current: The CRP District (Conservancy, Recreation, and Preservation) permits recreational uses on land that is otherwise difficult to develop for other more typical uses. Section 160.251 says that sch plans for development will be forwarded to both the Planning Commission and the Parks and Recreation Commission, and that the City Council “may require public hearings” before action is taken. The ordinance does not specify where a hearing is to take place. Proposed: This would be changed to the Planning Commission. Interim Use Permits. Current: Section 160.057 Interim Uses references State statute on interim uses, but does not specify a process or public hearing requirement. It is assumed that the review of interim use permits will follow the process for conditional use permits, but this needs to be clarified in the city code. Proposed: The suggested amendment to Section 160.450 would accomplish this. Amendments to the Zoning Code. Current: Section 160.450 (same as above) also requires the City Council to hold public hearings on amendments to the Zoning Code. Proposed: This would be changed to the Planning Commission. Planning Commission Staff Report 6/18/2025 – Public Hearing Process in Mounds View Code Page 4 The Mounds View Vision A Thriving Desirable Community RECOMMENDED CODE AMENDMENTS The attached ordinance details the code amendments needed to accomplish the suggested edits identified on the previous pages. Staff requests the Planning Commission recommend to the City Council adoption of the ordinance. Respectfully submitted, ______________________ Evan Monson, AICP City Planner 1 ORDINANCE NO. 1043 - DRAFT CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE XV, CHAPTERS 154, 158, 159 AND 160 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO PUBLIC HEARING PROCESSES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title XV, Chapter 154, Section 154.058 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: § 154.058 CONDITIONAL USES. The City Council shall hear and decide applications for conditional uses permits permissible under this chapter. Applicants or property owners shall submit applications for conditional use permits to the city’s Community Development Department. City staff will shall then forward the application to the Planning Commission for consideration a public hearing on the request. After taking action on the request, the The Planning Commission shall refer the application then make its recommendation to the City Council for a decision. (A) Public Hearings hearing. Upon receiving an application for a conditional use permit, the city shall submit to the Commissioner of the Department of Natural Resources by mail a copy of the application for proposed conditional use permit at least ten days before the city Planning Commission holds the public hearing. SECTION 2. The City Council of the City of Mounds View hereby amends Title XV, Chapter 158, Section 158.020 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: § 158.020 PRELIMINARY SUBDIVISION PLAN APPLICATION. . . . (H) Public hearing. Preliminary plats of subdivisions shall require a public hearing at the Planning Commission. The Planning Commission shall hold the public hearing and then make its recommendation to the City Council. The Council shall conduct such hearing upon receipt of the Planning and Zoning Commission recommendation. The City Administrator shall cause notice of the hearing to be published in the official newspaper at least ten days prior to the hearing. 2 SECTION 3. The City Council of the City of Mounds View hereby amends Title XV, Chapter 159, Section 159.006 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: § 159.006 WETLAND ZONING DISTRICTS. . . . (B) Modification of district. A wetland zoning district may be modified or eliminated by four- fifths affirmative vote of the City Council after a public hearing at the Planning Commission and notice as set forth in Ch.Chapter 160 of this code of ordinances. Wetland zoning districts may not be eliminated unless it can be shown that the original designation is in error or that conditions have changed. When modifying or removing a wetland zoning district, the Council shall use the criteria and methods established in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January, 1989, as amended from time to time. SECTION 4. The City Council of the City of Mounds View hereby amends Title XV, Chapter 160, Section 160.251 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: § 160.251 PROCEDURE. (A) The developer shall submit a plan for development to the City Administrator together with the required fees. The City Administrator shall forward the plans to the Planning and Parks and Recreation Commissions, who shall submit their comments and recommendations to the Planning Commission for a public hearing. The Planning Commission shall hold the public hearing and make its recommendation to the City Council within 60 days of receipt. The City Council, within 90 days of submission of the plan to the Commissions, may approve, disapprove or resubmit the proposal to the Commissions for further consideration. (B) The City Council may require public hearings before it takes action. SECTION 5. The City Council of the City of Mounds View hereby amends Title XV, Chapter 160, Section 160.318(B)(2) of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: (2) Process. (a) Developer attends application conference; (b) File application for a conditional use permit or rezoning concurrently with the submission of the general concept plan (at least 21 days prior to Planning Commission meeting) consisting of the information and submissions required under § 160.319(A) of this chapter, general concept stage; (c) City staff reviews application, prepares report and recommendations; (d) Planning Commission receives application and report of city staff; 3 (e) Planning Commission holds a public hearing and makes a recommendation to the City Council on the general concept plan; and (f) City Council holds a public hearing; and (g) City Council reviews all recommendations and approves or denies application(s). SECTION 6. The City Council of the City of Mounds View hereby amends Title XV, Chapter 160, Section 160.450 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: § 160.450 PROCEDURE. (A) Request for amendments. Request for amendments of this chapter, the official zoning map, interim use permits, or conditional use permits, as provided within this chapter, shall be filed with the City Administrator on an official application form. The application shall also be accompanied by ten copies of detailed written and graphic materials fully explaining the proposed change, development or use. The City Administrator shall refer the application, along with all related information, to the Planning and Zoning Commission for consideration and a report and recommendation to the City Council. . . . (I) Public hearing. Upon receiving the report and recommendation of the Planning and Zoning Commission and the city staff, the City Council The Planning Commission shall hold a public hearing in compliance with M.S. § 462.357, subd. 3, as it may be amended from time to time, and shall make a recommendation to the City Council, which and shall make a recorded finding of fact and shall impose any conditions it considers necessary to protect the public health, safety and welfare. (J) Four-fifths vote Voting thresholds. (1) Amendments to the official zoning map that change all or part of an existing residential zoning district to commercial shall require passage by a simple majority The adoption or amendment of any portion of this chapter which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. (2) All other amendments to this chapter, to the official zoning map or for a conditional use permit shall require passage by a three-fifths vote majority vote of the full City Council. SECTION 7. In accordance with Section 3.07 of the City Charter, and assuming at least four- fifths of the City Council vote to adopt this ordinance, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On _______________, 2025, the Mounds View City Council adopted Ordinance __, “AN ORDINANCE AMENDING TITLE XV, CHAPTERS 151, 154, 158, 159 AND 160 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO PUBLIC HEARING PROCESSES,” which amends the existing municipal code pertaining to public hearings 4 related to certain zoning and subdivision requests. Those include public hearings related to the closure of manufactured home parks; preliminary plat approval for subdivisions; modification of wetland zoning districts; Conservancy, Recreation and Preservation District development plans; Planned Unit Development general concept plans; and interim use permits and conditional use permits. The ordinance changes the public body responsible for hearing such requests from the City Council to the Planning Commission. The ordinance also makes minor revisions for clarity, consistency, and compliance with state law voting thresholds for amending zoning regulations. 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 web site located at www.moundsviewmn.org. SECTION 8. 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 __________________, 2025. Second Reading and Adoption by the Mounds View City Council on __________________, 2025. Publication Date: __________________, 2025. Zach Lindstrom, Mayor Attest: ______________________________ Nyle Zikmund, City Administrator (SEAL)