2023.11.13 - Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Crystal Planning Commission Agenda Summary
Monday, November 13, 2023
7 p.m.
Crystal City Hall and Zoom Video Conference
Zoom call information: https://go.crystalmn.gov/Nov13 (meeting ID is 856 1188
4366 and password is 414141) or call-in toll free at 888-475-4499
1. Call to Order
2. Approval of Minutes*
a. Monday, October 9, 2023 meeting minutes
3. Public Hearing*
a. Subdivision request for approval of a Common Interest Community (CIC) plat
at 6613 – 36th Avenue North (Application Number 2023-08)
4. Old Business - None
5. New Business - None
6. General Information
a. City Council actions on previous Planning Commission items:
1. Conditional use permit for a child day care center at 7000 – 57th Ave N
2. Miscellaneous UDC amendments
b. Update from Council liaison
c. Staff preview of likely agenda items for Monday, December 11, 2023 meeting
7. Open Forum
8. Adjournment
* Items for which supporting materials are included in the meeting packet
Page 1 of 2
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, November 13, 2023 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.1142 or
email dan.olson@crystalmn.gov if unable to attend
* Items for which supporting materials are included in the meeting packet
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at ______ p.m. with
the following members present:
Commissioner (Ward 1)
Sears [Vice Chair]
Commissioner (Ward 2)
Selton [Chair]
Commissioner (Ward 4)
Einfeldt-Brown [Sec. Vice
Chair]
Commissioner (Ward 1)
Heigel
Commissioner (Ward 3)
Maristany
Commissioner (Ward 4)
Johnson
Commissioner (Ward 2)
Strand
Commissioner (Ward 3)
Buck
Commissioner (At-
Large) Scholz
2. APPROVAL OF MINUTES *
Moved by _______________ and seconded by _______________ to approve the
minutes of the October 9, 2023 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARING*
a. Subdivision request for approval of a Common Interest Community (CIC) plat at
6613 – 36th Avenue North (Application Number 2023-08)
Staff presented the following:
The following were heard:
Page 2 of 2
Planning Commission discussion:
Moved by _______________ and seconded by _____________ to recommend ______
to the City Council of the subdivision (CIC plat) application at 6613 – 36th Avenue N.
Motion carried.
4. OLD BUSINESS – None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
1. Conditional use permit for a child day care center at 7000 – 57th Ave N
2. Miscellaneous UDC amendments
b. Update from Council Liaison
c. Staff preview of likely agenda items for Monday, December 11, 2023 meeting:
7. OPEN FORUM
8. ADJOURNMENT
Moved by _____ and seconded by ______ to adjourn.
Motion carried.
The meeting adjourned at ______ p.m.
Unapproved Planning Commission Minutes – October 9, 2023
CRYSTAL PLANNING COMMISSION
MINUTES
Monday, October 9, 2023 at 7:00 p.m.
Council Chambers, 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:
Commissioner (Ward 1)
Sears [Vice Chair]
X Commissioner (Ward 2)
Selton [Chair]
X Commissioner (Ward 4)
Einfeldt-Brown [Sec. Vice
Chair]
X Commissioner (Ward 1)
Heigel
X Commissioner (Ward 3)
Maristany
X Commissioner (Ward 4)
Johnson
X Commissioner (Ward 2)
Strand
Commissioner (Ward 3)
Buck
X Commissioner (At-
Large) Scholz
Other attendees: City planner Dan Olson, City Council liaison Therese Kiser,
Community Development Director John Sutter, Peter Hilger, Kelli Ashton, and Heidi
Pross (all representing New Horizon Academy), and other interested persons.
2. APPROVAL OF MINUTES
Moved by Selton and seconded by Johnson to approve the minutes of the August 14,
2023 regular meeting with one correction: remove wording about Strand’s arrival time.
Ayes: All. Nays: None
Motion carried.
3. PUBLIC HEARING
a. Conditional use permit from New Horizon Academy for a child day care center at
7000 – 57th Avenue North (Application Number 2023-06)
Planner Olson presented a summary of the staff report and stated he is recommending
approval of the conditional use permit request.
Commission member Maristany asked whether there will be food preparation at the
center. Mr. Hilger said New Horizon will have a commercial grade kitchen for food
preparation.
Commission member Strand asked if there is enough parking for caregivers and staff.
Mr. Hilger said that pick-up and drop-off of the children occurs very quickly and not all of
the employees will be on site all of the time. The number of staff will not increase
beyond 29 persons.
Unapproved Planning Commission Minutes – October 9, 2023
Commission member Maristany said that from her experience, there is a quick turnover
in pick-up and drop-off of children at day care centers.
Commission member Scholz said she appreciates reducing parking to only what is
needed.
Commission member Maristany asked questions about security for the children. Mr.
Hilger spoke about fencing for the outdoor play areas and the door security system.
Commission member Einfeldt-Brown asked if they will re-pave the parking lot. Mr. Hilger
said yes, and they are also adding stormwater management improvements.
Commission member Maristany asked if they will have school age children. Ms. Ashton
said they will have a “flex room” within the building for school age children, but that will
not change the operation of the center.
Chair Selton opened the public hearing. See no one who wished to speak, Chair Selton
closed the hearing.
Moved by Strand and seconded by Johnson to recommend approval to the City Council
of the CUP application for New Horizon Academy for the property at 7000 – 57th Avenue
N. with the conditions in the staff report. Ayes: all. Nays: none
Motion carried.
b. Miscellaneous amendments to the Unified Development Code (Application
Number -07).
Planner Olson presented a summary of the staff report and stated he is recommending
approval of the UDC amendments.
Micro-unit dwellings. The Commission had several questions about these dwelling units:
➢ Commission member Maristany asked how these units would be policed. Mr.
Sutter said that the police respond in the manner they would for any other
emergency.
➢ Commission member Heigel asked how these units would be addressed. Mr.
Sutter said that would be determined by the proposed unit layout. Mr. Olson said
that any applicant would address how EMS personnel will access the property.
➢ Commission member Strand asked if there is a setback between units. Mr. Olson
said no.
➢ Maristany asked if the units can be two-story. Mr. Olson said there are building
code requirements relating to engineering.
➢ Maristany asked if there will be tracking of resident’s names in case some have
warrants. Mr. Sutter said the city does not have authority to ask apartment
managers to preemptively provide names and the same would apply to these
units.
Unapproved Planning Commission Minutes – October 9, 2023
➢ Maristany asked if a sacred settlement could be shut down if there are many
issues. Mr. Sutter said if they were in violation of city code, that’s a possibility.
➢ Scholz asked if the city has received inquiries about filing an application. Mr.
Olson said no.
➢ Maristany and Strand asked what defines an approved religious institution. Mr.
Sutter said any religious institution would have received a CUP for that use
before they could submit a CUP for a micro dwelling unit.
➢ Maristany asked how residents would be connected to voter registration and
school districts. Mr. Sutter said the residents would be tracked by address for
voter registration and school registration purposes.
Motor vehicle/RV licensing. Commission members discussed the pros and cons of
exempting one-and-two-family dwellings from the licensing requirement. Motion by
Maristany, second by Selton to exempt one-and-two-family dwellings from the licensing
requirement. Ayes: Strand, Selton, Maristany, and Johnson. Nays: Einfeldt-Brown,
Heigel, and Scholz. Motion carried.
Exterior materials for carports. Commission member Maristany asked if the space
between a detached garage and a home could be the location for a carport. Mr. Sutter
said conceivably the home and garage would have different foundations, and fire code
requirements could be different. The footings for a carport would have to be the same
as what it is attached to.
Rezoning for 3443 Douglas Dr. N. Commission member Strand asked what the lot
dimensions are for 3443. Mr. Olson said 65’ x 270’. Strand requested in the future,
property rezonings not be included with UDC text amendments so rezonings aren’t
bogged down with text amendment discussions.
Chair Selton opened the public hearing.
A first Crystal resident said he would like to see the city calculate density by net, not
gross density, and therefore the gross density definition should be changed. He doesn’t
believe that streets should be included in the calculation because it greatly increases
the number of units allowed on small lots. He wondered if the city or other cities are
pushing back against the state mandate for micro dwelling units, or limit the number of
units that can be built.
Commission member Maristany said she would like to standardize density
requirements, green space and other lot requirements. Mr. Sutter said that the
Metropolitan Council has density requirements that they impose on the cities, and that is
different from lot requirements such as green space and setbacks. Commission
member Scholz asked what is the purpose of having density requirements. Mr. Sutter
said that the Metropolitan Council requires cities to have minimum density
requirements. Having a definition for gross density is just formalizing a practice that the
city has had for many years.
A second Crystal resident asked what is planned for the future development of 3443
Douglas Drive N, if the rezoning is approved. The resident said the lot is pretty narrow
for multiple residential units. Mr. Olson said that the EDA has not yet decided to offer
the lot to builders or what the development expectations would be. The Commission
discussed different development scenarios.
Unapproved Planning Commission Minutes – October 9, 2023
The first resident spoke again to say that 3443 Douglas is pretty narrow so it should not
be rezoned to R-2 because it won’t be able to accommodate more than a single-family
home.
Moved by Scholz and seconded by Heigel to recommend approval to the City Council of
the UDC amendments excluding the definition for gross density and the rezoning for
3443 Douglas Drive N. Ayes: Strand, Maristany, Johnson, Heigel, Einfeldt-Brown,
Maristany. Nays: Selton.
Motion carried.
4. OLD BUSINESS - None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
• City Council actions on previous Planning Commission items: None.
• Update from Council Liaison: Council liaison Kiser said the City Council recently
approved a façade grant for the Wine Thief & Ale Jail at 3600 Douglas Dr N. The
Council is also continuing its work on the Blue Line LRT extension and working to
approve a new sidewalk extension. Commission members asked for updates on
various projects within the city, such as the Community Center parking lot
improvements.
• Staff preview of likely agenda items for Monday, November 13, 2023 meeting.
Planner Olson said he has not received any applications yet, but the application
deadline date is not until next week.
7. OPEN FORUM
Commission member Einfeldt-Brown said that Cornerstone Church will have a trunk –
or – treat event on October 21st.
8. ADJOURNMENT
Moved by Einfeldt-Brown and seconded by Selton to adjourn. Ayes: All. Nays: None
Motion carried.
The meeting adjourned at 9:11 p.m.
CIC PLAT APPLICATION – 6613 – 36TH AVENUE NORTH
PAGE 1 OF 2
____________________________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Planning Commission (for November 13 Meeting)
DATE: November 7, 2023
RE: PUBLIC HEARING - Subdivision request for approval of a Common
Interest Community (CIC) Plat for Mahmoud Abumayyaleh at 6613 –
36th Avenue North (Application Number 2023-08)
A. BACKGROUND
Mahmoud Abumayyaleh, owner of the property at 6613 – 36th Avenue North, is
proposing a Common Interest Community (CIC) plat application, commonly
called a “condominium”. The property is zoned Low Density Residential (R-1).
Notice of the November 13 public hearing was published in the Sun Post on
November 2, mailed to owners and renters within 500 feet (attachment A) and
posted to all neighborhoods on Nextdoor. A sign was also posted on the
property.
Attachments:
A. Site location and public hearing notice mailing map
B. Zoning map
C. Current property photos
D. Memorandum from city attorney
E. Proposed CIC plat (2 sheets)
PLANNING COMMISSION STAFF REPORT
Proposed CIC Plat
CIC PLAT APPLICATION – 6613 – 36TH AVENUE NORTH
PAGE 2 OF 2
B. PROPOSED CIC PLAT
Existing use
The property is the location for a two-family dwelling on a single lot.
Proposed use
The applicant is requesting approval of a CIC plat, in which the two dwelling units
would continue to be addressed as 6613 - 36th Avenue North, Units A and B.
The CIC plat will allow both units to be sold separately, but does not cause a
division of land.
C. SUBDIVISION CRITERIA
The CIC plat involves a division of ownership rather than a division of land and
the Unified Development Code (UDC) does not have specific criteria for approval
of this type of subdivision. Hennepin County does not require city approval of a
CIC plat.
The city attorney has provided a memorandum (attachment D) discussing the
basic elements of CIC plats, including how they are regulated by state statute.
The attorney has concluded that the UDC does not have any applicable criteria
which could be used to deny the CIC plat application.
D. REQUESTED ACTION
Since the UDC does not provide applicable criteria for denial of the proposed
CIC plat, staff is recommending approval of the Common Interest Community
(CIC) plat at 6613 – 36th Avenue North.
City Council action is anticipated on November 21, 2023.
Site Location and Public Hearing Notice Mailing Map
6613 – 36th Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
Zoning Map
6613 – 36th Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
Facing Alley
Facing
Wooded area
along 36th
Ave N
Attachment C
CR205-30-913572.v2
Kennedy Troy J. Gilchrist 150 South Fifth Street Suite 700 Minneapolis MN 55402 (612) 337-9214 telephone(612) 337-9310 faxtgilchrist@kennedy-graven.comhttp://www.kennedy-graven.com
&
Graven
C H A R T E R E D
MEMORANDUM
To: Dan Olson, City Planner
From: Troy Gilchrist, City Attorney
Date: November 6, 2023
Re: Proposed CIC Plat for the Property Located at 6613 – 36th Avenue North
---------------------------------------------------------------------------------------------------------------------
Common interest communities (“CICs”) are regulated under Minnesota Statutes, chapter 515B and allow for a variety of potential ownership structures that may include the division of real estate into separately owned parcels, common ownership of the entire property with separate
leased units, the division and separate ownership of units within a structure, and others. The Uniform Development Code (“UDC”) includes CICs in its definition of a subdivision specifically because they may involve the division of real estate. In those cases, the City has the same interest in reviewing the CIC subdivision as it does with any other subdivision of real estate. However, when a proposed CIC only involves dividing parts of a structure, not the
underlying real estate, the City’s subdivision regulations do not apply in any traditional sense. These types of structural divisions are called condominiums and include situations where, for example, the owner of an apartment building coverts the apartments into separately owned condos. However, because the UDC does not expressly exclude condominiums from the definition of subdivision, an owner proposing to establish a condominium CIC plat is required to
apply to the City for approval.
It is important to note that the law is protective of CICs. Under Minnesota Statutes, section 515B.1-106, a “zoning, subdivision, building code, or other real estate use law, ordinance, charter provision, or regulation may not directly or indirectly prohibit the common interest
community form of ownership or impose any requirement upon a common interest community, upon the creation or disposition of a common interest community or upon any part of the common interest community conversion process which it would not impose upon a physically similar development under a different form of ownership.” There are some exceptions to this general rule that are not applicable here, but you can see the Legislature wanted to make sure a
local government does not prohibit CICs or single them out for additional regulations.
Attachment D
CR205-30-913572.v2
The proposed CIC here is for a condominium, meaning only the structure is divided to allow for separate ownership of each unit. The real estate is not being divided and so, as noted above, the
traditional regulations for considering a subdivision of real estate really do not fit in cases such
as this. The City did attempt to amend the UDC to limit the application of its subdivision regulations to only those CICs that involved the division of the real estate, but the ordinance making those amendments was subject to a petition calling for a referendum vote and so the City Council decided not to pursue it. That has resulted in requiring the owner to go through the
subdivision process for a CIC that does not involve the division of real estate. Something that
would have been avoided if the amendments had gone into effect. In case the issue is raised during the consideration of the proposed CIC, the original decision of the District Court case that invalidated the subdivision of the property into two lots does not
apply to the division of a structure. As you know, that case focused on interpretations of specific
UDC provisions related to the size of the resulting lots, their frontage, etc. Because no new lots are being created here, those provisions do not apply. Further, any attempt to artificially apply them could be challenged as being arbitrary and capricious, as well as being contrary to the protections offered CICs in the language quoted above.
In sum, the City needs to process and act on the proposed CIC plat under the present language of the UDC, but there are essentially no subdivision standards that apply to the division of a structure. The owner decides whether to divide a structure and the City has no direct control over that decision. I understand the County does not require City approval to record such a
division.
As we discussed, I plan to attend the Planning Commission meeting in case there are any questions. Feel free to let me know if you have any questions or comments.
N 00°06'01" W 237.60S 00°05'40" E 237.45 S 89°45'18" E 99.34(100.0 Plat)(100.0 Plat)(238.09 Plat)S 89°40'04" E 99.36(238.15 Plat)Pinched End22.09.522.012.0 9.028.5 13.013.5 18.031.019.031.0 18.013.513.028.59.012.01.01.0 Existing 2 Story BuildingCOMMON ELEMENT20.818.421.021.428.5 11.49.728.0 10.010.019.117.416.517.47.49N 29°36'43" ES 29°14'15" E37.3336.69CONCRETECONCRETECECECE CappedNo. 24992(SEE SHEET 2 OF 2 SHEETSFOR UNIT DETAILS)BENCHMARK:Top Nut of Hydrant = 899.32 Feet17.517.5Drainage Easement per Doc. Nos.A4794500 & Doc. No. A4794502, ascontained in Doc. No. T6009935Sewer Easement perDoc. No. T66751591.0080.0 8.0162.43S 62°34'55" E 62.00S 45°44'20" E 62.05NORTH LINE OF LOT 5, BLOCK 2, GARDENDALE ACRES, HENNEPIN COUNTY, MINNESOTA1616 6666BASSETT CREEKEXISITINGEXISITING 22'±64'±13'±13'±SHEET 1 OF 2 SHEETSI, _________________________________________, pursuant to Minnesota Statutes 515B.2-101(c) do hereby certify that the structural components of the structures containing the units and the mechanical systems serving morethan one unit are substantially completed, and that I am a duly Licensed Professional _____________________________ under the laws of the State of Minnesota.Dated this ________ day of _____________________, 20____.Signed: _____________________________________________ a Licensed ______________________________, Minnesota License No. _________________I, Gregory R. Prasch, do hereby certify that the work was undertaken by or reviewed and approved by me for this CIC Plat of CIC NUMBER 2196, a condominium, CRYSTAL FLATS, being located upon: Lot 5, Block 2, "GARDENDALE ACRES, HENNEPIN COUNTY, MINNESOTA".And that this CIC plat fully and accurately depicts all information required by Minnesota Statutes, Section 515B.2-1101(c); and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota.Dated this ________ day of _____________________, 20____.______________________________________________Gregory R. Prasch, Licensed Land SurveyorMinnesota License No. 24992State of MinnesotaCounty of HennepinThis instrument was acknowledged before me this _________ day of _____________________, 20____, by Gregory R. Prasch, a Licensed Land Surveyor.____________________________________________ ______________________________________________Notary Public, Hennepin County, Minnesota(printed Notary's name)My Commission Expires ______________________State of MinnesotaCounty of HennepinThis instrument was acknowledged before me this _________ day of _____________________, 20____, by _______________________________________________,a Licensed _______________________________________.____________________________________________ __________________________________________________Notary Public, Hennepin County, Minnesota(printed Notary's name)My Commission Expires ______________________Survey DivisionHennepin County, MinnesotaThis CIC plat has been reviewed and is approved this _______ day of _____________________, 20_____.Chris F. Mavis, Hennepin County SurveyorBy: _____________________________________________________DENOTES FOUND 1/2 INCH OPEN END IRON PIPE MONUMENT,DENOTES COMMON ELEMENTUNLESS OTHERWISE NOTED.BENCHMARK: TOP NUT OF HYDRANT LOCATED ON THESOUTH SIDE OF PROPERTY BETWEEN THE DRIVEWAYS ASSHOWN HEREON.ELEVATION = 899.32 FEET (N.G.V.D. 1929)CEBUILDING DIMENSIONS SHOWN ARE BUILDING EXTERIORMEASUREMENTS.("Plat" ) REFERS TO THE RECORD PLAT OF "GARDENDALEACRES, HENNEPIN COUNTY, MINNESOTA."This CIC Plat is part of the Declaration filed as Document No._____________________________________________________on this _______ day of _________________________, 20______.Hennepin County Registrar of TitlesCERTIFICATE No.(s)___________________________________For the purposes of this plat the north line of Lot 5,Block 2, "GARDENDALE ACRES, HENNEPINCOUNTY, MINNESOTA" is assumed to bearSouth 89°45'18" EastSCALE IN FEET06030907601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.comSITE PLANCIC NUMBER 2196CRYSTAL FLATSA CONDOMINIUMCIC PLATAttachment E
CEILING ELEVATION = 917.2 FEETFLOOR ELEVATION = 909.2 FEETUNIT BCEILING ELEVATION = 907.2 FEETFLOOR ELEVATION = 899.2 FEETCEILING ELEVATION = 897.5 FEETFLOOR ELEVATION = 889.5 FEETUNIT ACoveredStoopL.C.E UNIT A16.913.529.913.08.511.0 21.520.922.621.11.09.421.221.2 9.50.59.50.520.922.621.11.09.48.211.0 21.529.7 13.5 16.713.021.511.08.213.013.5 16.729.7 21.511.08.513.013.5 16.929.9 13.42.07.512.0 9.013.013.5 16.954.954.913.42.07.512.0 9.013.013.5 16.9opento belowopento belowopentoaboveopentoaboveUNIT BUNIT AUNIT BUNIT ACoveredStoopL.C.E UNIT B9.06.09.06.0
EgressWellL.C.E UNIT AEgressWellL.C.E UNIT B3.06.0
3.06.0 3.4
3.4 7.17.1EgressWellL.C.E UNIT AEgressWellL.C.E UNIT B4.03.04.03.0DeckL.C.E UNIT ADeckL.C.E UNIT B17.5 4.04.09.04.04.06.04.210.5GARAGEL.C.E UNIT BGARAGEL.C.E UNIT ACEILING ELEVATION = 919.2 FEETFLOOR ELEVATION = 911.2 FEETCEILING ELEVATION = 909.2 FEETFLOOR ELEVATION = 901.2 FEETCEILING ELEVATION = 899.5 FEETFLOOR ELEVATION = 891.5 FEETCEILING ELEVATION = 909.2 FEETFLOOR ELEVATION = 899.3 FEETCEILING ELEVATION = 907.2 FEETFLOOR ELEVATION = 897.3 FEETFIRST FLOORSECOND FLOORBASEMENT FLOOR8.0 8.53.510.8 3.58.0 8.53.510.8 3.58.0 stairs27.4stairs27.44.04.03.03.0
3.03.06.0
6.0
17.513.013.03.510.8 3.55.027.4
stairs3.55.010.8 3.527.4stairs 13.59.06.0 9.06.03.28.31.24.33.5 27.2stairs 3.28.31.24.33.5stairs27.24.4
4.4
________________________________CIC NUMBER 2196CRYSTAL FLATSA CONDOMINIUMCIC PLATFLOOR PLAN7601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.comSHEET 2 OF 2 SHEETSL.C.E. DENOTES LIMITED COMMON ELEMENTINTERIOR BUILDING DIMENSIONS SHOWN AREIN FEET AND TENTHS OF A FOOTELEVATIONS SHOWN ARE IN FEET AND TENTHS OF A FOOT AND AREREFERENCED TO A BENCHMARK SHOWN ON THE SITE PLAN.(SEE SHEET 1 OF 2 SHEETS)SCALE IN FEET0201030