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HomeMy WebLinkAboutResolution 5314 , e e RESOLUTION NO. 5314 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO OPERATE AN OUTDOOR FLOWER MART AND GARDEN CENTER AT MOUNDSVlEW SQUARE, REQUESTED BY LINDER'S GREENHOUSES; PLANNING CASE NO. 548-99 WHEREAS, Peter Linder, representing Linder's Greenhouses, has applied for a conditional use permit to conduct open and outdoor sales at Moundsview Square Shopping Center; property zoned B-4, legally described as follows: That Part Lying Northeasterly of the Centerline of State Trunk Highway J 0 of NE ~ of NE ~ (Subject to Roads and Highways) in Section 7, Township 30, Range 23 WHEREAS, the Mounds View Zoning Code allows open and outdoor sales in the B-4 Regional Business District with the approval of a conditional use permit; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a) b) c) d) e) t) g) h) Planning Application Zoning Map Site Plan Greenhouse Design Interior Specifications Letter from Applicant Letter from Property Owner Planning Commission Resolution 573-99 WHEREAS, The Mounds View City Council makes the following findings that the criteria for approval in Section 1115.04, Subd. 2 have been met: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) (~l the grossjloor area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 2,200 square feet in the parking lot, which is 2.2% of the building square footage on the site. This criterion is met. h. Outside sales areas are fenced or screened Ji'OJ11 view o.lneighboring residential uses or an ahutting residential district in compliance with Subdivisions J J 03. 08(J) through (5) of this Title. Resolution S314 Linder's Cup tit Page 2 The parking lot fronting Highway 10 does not abut any residential properties. The nearest residential property is Wildwood Manor, an apartment building for senior citizens, which would be well screened from the proposed use by a stand of trees and separated by the intervening Highway 10. This criterion is met. c. Sales area is grassed or sw.faced to control dust. The applicant is proposing to use an existing parking lot which is surfaced with asphalt This criterion is met. d. The provisions of Section 1125.01(1)e of this Title are considered and satL~factorily met. Adverse Effects: The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgement shall be based upon (but not limited to) the following factors: e (1) (2) (3) Relationship to Municipal Comprehensive Plan. The geographical area involved. Whether such use tvi/1 tend to or actually depreciate the area in which it is proposed 171e character of the surrounding area. lhe demonstrated needfor sllch use. (I) (5) The proposal is for a temporary greenhouse in the parking lot of an existing shopping center. The shopping center is surrounded by roadways and the area where the use is to be located is 1,000 feet from the nearest residential property. The short duration of the use will result in little, if any, effect upon the surrounding area. The sale of flowers and plants is a typical seasonal business in a community such as Mounds View and it serves a community need. This criterion is met. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit with the following stipulations: 1. The facility shall only operate from March 15 to July 15 of each year. 2. The hours of operation of the facility shall not exceed 8:00 a.m. to 9:00 p.m. 3. Only the signage shown on the Greenhouse Design Plan shall be allowed, '. 4. All lighting for the use shall be supplied by existing parking lot lighting and supplemental interior lighting, if needed. Resolution 5314 Lindcr's Cup e Page 3 5. The applicant shall deposit funds with the City each year for the use of the fire hydrant in the parking lot and for the use of a hydrant wrench and adapter valve, if needed, in amounts to be decided by the Director of Public Works. 6. The applicant will be charged the prevailing rate for) ,000 gallons of water per day for water service, to be paid by the applicant before any deposits are returned. 7. The applicant shall provide the following on an annual basis to the Director of Community Development: a. Letter of permission from property owner. b. Complete set of site plans c. Narrative description of the proposal. 8. This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such review, in the estimation of the Director of Community Development or the City Council. e BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. Adopted this 22nd day of March, 1999. Attest: Ch~h~ ~lerk - Administrator (Seal) N :\0,\ TA\G ROCI'S\CO\1D E V'D E VC AS ES\548-99\5 314CC. RES .