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HomeMy WebLinkAboutPCMin_93Jun7_SpecialPLANNING COMMISSION SPECIAL MEETING June 7, 1993 7 p.m. PRESENT: ABSENT: ALSO PRESENT: Kay Andrews Len Boche Susan Hoyt, Administrator Lee Barry Peter Bachman, City Attorney Paul Ciernia Fred Hoisington, Planning Consultant Steve Huso Paul Kuettel Lisa Lampi Ken Salzberg Meeting was called to order at 7:05 by Lee Barry, Chair. PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE COMMERCIAL DISTRICT'S DEVELOPMENT MORATORIUM CHAPTER 5 S5 OF THE CITY CODE Chair Barry opened the public hearing at 7:06 p.m. The commissioners discussed a proposed amendment to Chpt. 5, §5, Subd. 3, the development moratorium in the commercial zone, that identified uses that are not specifically listed as permitted uses in any commercial zoning district and are subject to the moratorium. The purpose of this amendment was to clarify uses that will require further research to determine what constraints or conditions that the city might wish to put on these uses. The identification of these uses does not necessarily mean that the city wishes to not permit them in the revised code. There being no one in attendance wishing to be heard, the public hearing closed 7:25. Commissioner Huso moved to accept the following revised addition to Chpt 5, §5, Subd.3: c. Certificates of occupancy and business licenses may be granted to any new use that is specifically listed as a permitted use in the applicable zoning district. For purposes of illustration only and without intending to be an exhaustive list, the following uses are not specifically listed as permitted uses in any commercial zoning district and are subject to the moratorium: 1) Adult use establishments (as defined in the City of Ramsey's section of their city code as revised) 2) Personal services establishments including steam baths, saunas, massage including therapeutic massage, turkish baths, or other similar services 3) Pawnshops 4) Stores selling used or secondhand goods • 5) Precious metal dealerships 6) Stores selling any firearms or ammunition 7) Check cashing facilities Seconded by Commissioner Salzberg and unanimously approved. THIRD DRAFT OF THE PROPOSED COMMERCIAL ZONING DISTRICT REVISION Administrator Hoyt said there are basically three overall changes in the proposed draft. 1) The B-3 district is now a B-1 district (neighborhood convenience); 2) The B-1 district is now the B-2 district (limited business district); and 3) The B-2 is now the B-3 (the Snelling/Larpenteur business district rather than the central business district). She explained the reason for the number change is to be more consistent with other zoning codes, to make the • Snelling/Larpenteur district distinct because is not a typical central business district, and to have the limited business district more closely reflect current B-2 uses. Hoyt said there are still some items that need to be reviewed in terms of the appropriateness of the applicable SIC (Standard Industrial Classification) codes to determine if they are narrowly defined enough to really serve the purpose. She explained that if its a more complex item it may need to be defined in the code. One of the things that came up since the last meeting regarding the B-3 zone (Snelling/Larpenteur) is that the property manager for Bullseye has asked the planning commission to consider granting a conditional use making the finished space in the basement of the building into a storage space that he could rent out. It was originally finished for a golf-o-mat operation. The space has elevator access, an ingress and egress, sprinkler system, etc., so he feels that rental space for files, etc., to the public would be an ideal use. She said the fire marshal concurred this would be reasonable with perhaps some conditions. Hoyt said that planning consultant Hoisington, city attorney Bachman, and she have discussed adding that as a conditional use specific to the zoning code. She felt the only reason that it might not be suitable in this location is that it would have a • 2 negative impact on the center. • The commission discussed various sections of the code. Beauty shops z€«~ "'a€~?~~a; :~. B-3 Bachman told the commission that slot of cities have-had problems with therapeutic massage in home occupations. He said therapeutic massage is not licensed by the State of Minnesota. This issue will be looked at and to see if it is a big enough issue to be concerned about, and, if it is, should Falcon Heights go the licensing route or some other alternative. Presently, therapeutic massage is under the moratorium. Adult Ose The question was raised as to exactly what is the definition of "adult uses". Peter Bachman suggested using the City of Ramsey's definition and modifying it slightly for use in the moratorium. The definition would be revised as part of city ordinance changes. Radio/TV Broadcasting After discussing radio & TV broadcasting uses, the commission recommended it be a limited business (B-2) use. • Pool Halls, Video, Game Arcades Hoyt suggested that pool halls, which was removed from the last draft, be put back in the Snelling/Larpenteur (B-3) zone with the nine conditions that are already in the code. Commissioners discussed including it in the moratorium to allow them to review the appropriateness and completeness of the current conditions governing these uses in the zoning code. After some discussion, Commissioner Andrews moved to amend the previous motion accepting the revised addition to Chpt 5, §5, Subd.3 to include as #8 Pool Halls, Game/Video Arcades. Seconded by Lampi and unanimously passed. Charitable Gambling Bachman said charitable gambling is now allowed in any commercial zone. Hoyt said that in the new draft charitable gambling, as a stand alone use, is allowed as a conditional use only in the Snelling/Larpenteur B-3 zone if granted a license. All charitable gambling requires a license wherever it is located. This will be clarified in the code. Veterinary Clinics This is now a conditional use in the Snelling/Larpenteur (B-3) • 3 zone. The commission recommended keeping it in this zone as a • conditional use without boarding of animals. PROPOSED TIMETABLE FOR COMMERCIAL ZONING STUDY The Commission discussed and agreed upon the following timetable: 'Regular' Commercial Zoning Code Revisions June 7 Planning Commission Reviews 3rd draft Mid June Consultant, Staff Revise draft June 28 Planning Commission Reviews final draft Planning Commission Schedules public hearing Mid July Staff Mails notices to affected property owners and property owners within 350 of commercial district July 26 Planning Commission Public hearing on zoning Public hearing on moratorium restrictions • July 28 City Council Action on the commercial zoning code and moratorium restrictions Special Uses/Secondary Impact Studies June Attorney Review authority of city on gun shops, adult uses, etc. (check with St. Paul) Consultant Look for secondary impact Staff studies, ordinances, etc. July/August Attorney Determine appropriate Consultant regulations; Staff Develop secondary impact studies, ordinances, etc. August 23 Attorney Bring preliminary Consultant recommendations back to Staff Planning Commission Chair Barry adjourned the meeting at 8:45 p.m. • 4 s Susan Hoyt, Administrator Dee Swenson, Recording Secretary ~J