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2022.08.08 - MinutesApproved Planning Commission Minutes – August 8, 2022 CRYSTAL PLANNING COMMISSION MINUTES Monday, August 8, 2022 at 7:00 p.m. Community Room, Crystal City Hall 1. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: X Commissioner (Ward 1) Sears [Vice Chair] X Commissioner (Ward 2) Selton [Chair] X Commissioner (Ward 4) Einfeldt-Brown X Commissioner (Ward 1) Heigel  Commissioner (Ward 3) Maristany [Sec. Vice Chair] X Commissioner (Ward 4) Johnson X Commissioner (Ward 2) Strand X Commissioner (Ward 3) Buck X Commissioner (At- Large) Scholz Other attendees: city planner Dan Olson, community development director John Sutter, city attorney Troy Gilchrist, city communications coordinator Mike Peterson, City Council liaison Brendan Banks, Megan Carr (representing Crystal Housing Group), Dan and Debbie Pearson (representing Premier Motors) and other interested persons. 2. APPROVAL OF MINUTES Moved by Heigel and seconded by Buck to approve the minutes of the June 13, 2022 regular meeting. Ayes: Strand, Buck, Heigel, Sears, Selton, and Scholz Abstain: Einfeldt-Brown, Johnson Nays: None Motion carried. 3. PUBLIC HEARINGS a. Rezoning request from Crystal Housing Group for the property at 5232-5256 West Broadway Avenue (Application 2022-07). Olson presented a summary of the staff report and stated he is recommending approval of the rezoning. Commission member Selton asked if the building will impact airport operations. Mr. Sutter confirmed the property is not located within airport safety zones. Commission member Strand asked the applicant what is meant by “high priority homelessness” from their project narrative. Ms. Carr said they are individuals who have experienced homelessness at least four times in the past year. Approved Planning Commission Minutes – August 8, 2022 Commission member Heigel asked for a breakdown of the number of bedrooms. Ms. Carr said 13 one-bedrooms, 25 two bedrooms, 15 three bedrooms and 5 four bedrooms. Commission member Sears asked how the development will be paid for. Ms. Carr discussed the approval of their tax credit application by Minnesota Housing and the potential to receive tax increment financing (TIF) from the city. Mr. Sutter provided additional information about a potential TIF award to the applicant. Ms. Strand asked questions about potential rents and Ms. Carr provided that information. Commission member Einfeldt-Brown asked how the rooftop mechanical might be screened. Ms. Carr said screening probably won’t be necessary, but discussed options if screening is needed. Mr. Einfeldt-Brown asked about income limits for future residents and Ms. Carr provided that information. Mr. Sears asked about the number of staff who will be present at the building. Ms. Carr said there will be two staff persons. For most of their buildings staff does not live on the property. Mr. Sears said that he is hesitant to recommend approval of the rezoning since the city would be losing industrial land. Mr. Olson discussed the 2040 Comprehensive Plan and the Town Center districts created as a result of that plan which both encouraged redevelopment in this area. Mr. Sutter added that the property has been vacant for 15 years and hasn’t redeveloped under the Industrial zoning. In addition the TC-PD district was created to allow a different use if that is what the market desires, but redevelopment is not mandated by the TC-PD regulations. Chair Selton opened the public hearing. Hearing no one from the public who wished to speak, Selton closed the public hearing. Moved by Johnson and seconded by Einfeldt-Brown to recommend approval to the City Council of the rezoning application for Crystal Housing Group at 5232-5256 West Broadway Avenue with the conditions in the staff report. Ayes: Buck, Heigel, Selton, Einfeldt-Brown, Johnson, and Scholz. Nays: Sears and Strand. Motion carried. b. Miscellaneous amendments to the Unified Development Code (Application 2022-08). Olson presented a summary of the staff report and stated he is recommending approval of the amendments. Commission member Johnson asked if we mandated owner-occupancy for a townhome development. Mr. Olson said no. Mr. Sutter added that an existing condominium development in Crystal has been increasingly becoming renter- occupied, but the CIC amendment will encourage owner-occupancy. Mr. Gilchrist summarized Minnesota’s condominium laws. Approved Planning Commission Minutes – August 8, 2022 Chair Selton asked how the Commission can make a recommendation on all of the various amendments. In making a recommendation to the City Council, Mr. Sutter said the Commission has the ability to recommend approval on some amendments and denial on others. Mr. Gilchrist said that the whole ordinance should be kept together no matter the recommendation on specific amendments. Commission member Strand asked if how we define yards and setbacks will change. Mr. Olson said no in all cases except for through lots where the zoning administrator would determine the front yard. Chair Selton opened the public hearing. Mr. Pearson said he was in support of the amendment to make vehicle sales a conforming use on his property at 6048-6058 Lakeland Ave N. A Crystal resident said that words and definitions matter, and the purpose of the UDC is to protect public safety. These amendments do not protect public safety. Later in the meeting this resident provided a list of amendments he objects to: 1, 3-6, 11, 14, 16, 17, 27-29, and possibly the amendment added after the Planning Commission packet was delivered. A second Crystal resident said she objects to amendment #11 (building signage) and does not want amendments that would remove a requirement for public street access. Without that access emergency vehicles cannot respond appropriately. A third Crystal resident said these amendments take away decision making ability from residents and gives it to the city planner and developers. She discussed how she disagreed with the subdivision application at 6613 – 36th Avenue N. She asked the Commission to recommend denial of the amendments. A fourth Crystal resident said the amendments are an inappropriate response to the bad decision made for the subdivision application at 6613 – 36th Avenue N. He was in favor of allow vehicle sales at Premier Motors. Hearing no one else from the public who wished to speak, Selton closed the public hearing. Ms. Strand said the subdivision approval at 6613 – 36th Avenue N was wrong and she can’t support these UDC amendments. These amendments are very complicated and more time is needed to understand them. Mr. Sears said some of the amendments are not warranted, don’t make sense, and he is not in favor of recommending approval. Mr. Heigel asked if they could recommend approval on some of the amendments and then table others for further study. Mr. Gilchrist said the entire ordinance was brought before them and they can recommend approval on some and denial on others, but the ordinance needs to stay together. Commission member Scholz moved that the Commission recommend denial of 1, 3-6, 11, 14, and 26-30, and recommend approval of the rest. Later Ms. Scholz withdrew her motion (a second had not been made). Approved Planning Commission Minutes – August 8, 2022 Ms. Scholz said there are amendments that should be approved because of their minor nature. The failure of the commission to not recommend these items could be looked upon by Council as a failure to act. Ms. Strand said the Commission did not have time to analyze these amendments as thoroughly as is needed. Moved by Strand and seconded by Buck to recommend denial to the City Council of the UDC amendments, with the exception of the amendment to allow vehicle sales north of Lombardy Lane. Ayes: All Nays: None Motion carried. 4. OLD BUSINESS - None 5. NEW BUSINESS - None 6. GENERAL INFORMATION • City Council actions on previous Planning Commission items: Olson stated that the Council approved the variance for Maria Basurto at 4100 Hampshire Avenue N. and the subdivision (lot split) for Noberg Homes at 6810 – 60th Avenue N. • Update from Council Liaison: City Council liaison Brendan Banks updated the Commission on what the Council is working on: police station open house on September 24, retirement of city manager Anne Norris on October 28, future of the community pool improvements, and asking Metro Transit to include lane reduction in the environmental analysis for the light rail project. • Staff preview of likely agenda items for Monday, September 12, 2022 meeting. Planner Olson said he has not received any applications for the September meeting, but the application deadline is not until next week. 7. OPEN FORUM Commission member Strand asked about the new sign at 3501 Douglas Drive N (Suite Living of Crystal) and wondered if its brightness could be toned down. Mr. Olson said he would look into it. Mr. Einfeldt-Brown asked when the ribbon cutting will be for the Suite Living facility. Mr. Sutter said the date is still pending. 8. ADJOURNMENT Moved by Buck and seconded by Heigel to adjourn. Ayes: All. Nays: None Motion carried. The meeting adjourned at 9:28 p.m.