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2023.11.13 - MinutesApproved Planning Commission Minutes – November 13, 2023 CRYSTAL PLANNING COMMISSION MINUTES Monday, November 13, 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: X Commissioner (Ward 1) Sears [Vice Chair] X Commissioner (Ward 2) Selton [Chair]  Commissioner (Ward 4) Einfeldt-Brown [Sec. Vice Chair] X Commissioner (Ward 1) Heigel (arrived 7:09 PM) X Commissioner (Ward 3) Maristany 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, City Council liaison Therese Kiser, Community Development Director John Sutter, City Attorney Troy Gilchrist, Mahmoud Abumayyaleh, and other interested persons. 2. APPROVAL OF MINUTES Moved by Scholz and seconded by Strand to approve the minutes of the October 9, 2023 regular meeting. Ayes: Scholz, Strand, Heigel, Johnson, Selton, and Maristany. Nays: None Abstain: Sears and Buck 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) Chair Selton opened the public hearing. Planner Olson presented a summary of the staff report and stated he is recommending approval of the CIC plat request. City attorney Gilchrist summarized the memorandum that is attached to the staff report. Commission members asked various questions of Mr. Gilchrist about the CIC plat structure, including who owns and maintains the common elements of the CIC, and how property taxes are paid. Approved Planning Commission Minutes – November 13, 2023 Commission member Strand asked the applicant, Mr. Abumayyaleh, why he is asking for the CIC plat approval. Mr. Abumayyaleh said his main reason is to be able to sell each unit to an owner occupant. A resident stated that the building is comprised of two single-family attached dwellings, and that dwelling type is not allowed in the R-1 district. Furthermore this CIC plat is subject to the city’s subdivision regulations since state statutes relating to CICs do not invalidate local city ordinances. Finally, the resident stated that since the CIC plat creates separate property identification numbers (PID) for each unit, a new parcel is created for each unit when the County assigns new PIDs. Mr. Gilchrist said the building does not meet the definition of a one-family attached dwelling because each unit is not located on its own parcel, as described in the definition section of the UDC. The building is defined in the UDC as a two-family dwelling which is a permitted use in the R-1 district. If the CIC plat involved a division of land this application would be required to comply with such subdivision regulations as lot area and lot width. However since this CIC plat only involves a division of ownership, the UDC does not have regulations for that type of subdivision application. As an administrative tool for calculating property taxes, the County will assign a PID to each unit, but the assigning of a PID does not create new parcels. Commission member Maristany asked what the differences are between a two-family dwelling and a one-family attached dwelling. Planner Olson explained the differences between the two, and gave an example of a development reviewed by the Planning Commission earlier this year that consisted of one-family attached dwellings. Commission member Maristany asked if the two units could be rented out. Mr. Gilchrist said if the association allows it, the unit owner would just need to abide by the city’s rental regulations. Seeing no one else who wished to speak, Chair Selton closed the hearing. Moved by Buck and seconded by Sears to recommend approval to the City Council of the CIC plat application at 6613 – 36th Avenue N. Ayes: Buck, Sears, Johnson, and Selton. Nays: Maristany, Strand, Heigel, and Scholz. With a tie vote, the application is forwarded to the City Council without a recommendation. 4. OLD BUSINESS - None 5. NEW BUSINESS - None 6. GENERAL INFORMATION • City Council actions on previous Planning Commission items: Planner Olson said that both the conditional use permit for a child day care center at 7000 – 57th Avenue Approved Planning Commission Minutes – November 13, 2023 N and the UDC amendments were approved by the City Council as recommended by the Planning Commission. • Update from Council Liaison: Council liaison Kiser said the Wine Thief and Ale Jail at 3600 Douglas is supposed to open by Christmas, and a ribbon cutting was held for the new Tequila Town restaurant at the Crystal Shopping Center. • Staff preview of likely agenda items for Monday, December 11, 2023 meeting. Planner Olson said he has not received any applications yet, but the application deadline date is not until tomorrow. 7. OPEN FORUM Commission member Johnson asked about a recent news article saying that the projected ridership for the Blue Line LRT Extension was less than previous projections. Mr. Sutter said the Federal Transit Administration (FTA) changed the methodology across the country for making those projections. Now all estimates across the country are different than the last projections made before the pandemic. Previous pre- construction projections made for other LRT lines in the Twin Cities were often exceeded by post-construction ridership totals. 8. ADJOURNMENT Moved by Sears and seconded by Scholz to adjourn. Ayes: All. Nays: None Motion carried. The meeting adjourned at 8:23 p.m.