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HomeMy WebLinkAboutAgenda Packets - 2010/12/06 CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, December 6, 2010 7:00 p.m. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. Agenda Items Discussed by Consensus 1. Discuss Possible Changes to the B-2 District Zoning Code 2. Discuss Possible Changes to Title 1000 (Building and Development Regulations) 3. Discuss Mounds View Matters Delivery Options 4. Discuss On-Street Parking Design for Lambert Park 5. Review 2011 Budget (refer to Truth In Taxation packet) Next Work Session: Monday, January 3, 2011, at 7pm Next City Council Meeting: Monday, December 13, 2010, at 7pm Item No: 1 Meeting Date: December 6, 2010 Type of Business: Worksession Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Discussion about Permitted Uses in a B-2, Limited Business Zoning District Introduction: City staff recently received a sign permit application for a new Chinese restaurant (dine-in, take-out and delivery) that was preparing to move into Silver View Plaza. City Staff was unaware that a new tenant was going to be moving into this mall. After reviewing the details about the new restaurant, City Staff determined that it could not now be allowed in the mall because of the restrictions set by the existing B-2 zoning. This is because it would be a full operation restaurant as opposed to a delicatessen, which is allowed by the city code in a B-2 location. Discussion: Kraus Anderson built Silver View Plaza in 1988 and continues to own and manage the property. At the end of 1988, Kraus Anderson requested that the property be rezoned from B- 2 to B-3 to allow a Harley Davidson dealer that did motorcycle repairs to move in. The City denied the request because the Planning Commission did not want to allow the more intensive uses as permitted in a B-3 district, particularly businesses that included vehicle repairs. Kraus Anderson again requested to rezone the property in 2005 so that a Meineke Muffler Shop could move in, but the City denied this rezoning for the same reasons as in 1988. Residents from the neighborhood directly behind Silver View Plaza have been concerned about what businesses are in this mall, and attended the Planning Commission meetings when rezoning the property has been discussed. The residents were against rezoning the property to a B-3 because of concerns about the potential increase in traffic to Mounds View Drive and noise that could result from the service and entertainment uses that are allowed in B-3 districts. The neighbors were against auto repair type of businesses moving in. The minutes from past Planning Commission meetings discussing these rezoning requests are included in this report. Kraus Anderson withdrew their rezoning application both times after the Planning Commission denied the requests, so there are no City Council minutes to review for these planning cases. The current zoning designation, B-2, allows for less intense commercial and service oriented businesses such as laundromats, locksmiths, delicatessens, financial offices, florists, sporting goods and hardware, to name a few. The present tenant mix at Silver View Plaza includes Domino’s Pizza, A+ Coin Wash, Curves (exercise facility), Corvette Specialties and Fantastic Sam’s. Other tenants in the past have included a Calvin Academy, Subway, Ames Tools, Incredibly Edible Delights, Addie Lane florist, and Silver View Chiropractic. Currently, well over fifty percent of the retail area is vacant. B-2 Zoning Code Discussion Page 2 According to the Zoning Code, the purpose of the B-2 district is as follows: PURPOSE: The purpose of the B-2, Limited Business District is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this District are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. The other properties in the city that are zoned B-2 are Simon’s Sporting Goods and adjacent ABC Liquor store, Western Bank, two properties with small office buildings, the Mounds View Library, Mounds View Animal Hospital, Cars Bike Shop/Radio City and Vino & Stogies liquor store. The majority of the commercial property in the City is zoned B-3, Highway Business. Mounds View Square is the only property in the city with a B-4, Regional Business, zoning designation. The B-2 zoning code is fairly limited with the types of restaurants allowed – delicatessens are the only permitted type of restaurant. The definition of delicatessen is: An establishment which serves prepared food such as cooked meats, sandwiches, or salads or other food items which do not require kitchen facilities for preparation with the exception of conventional and microwave ovens. The majority of the business would be as carry-out with the maximum amount of seating allowed on premises being 24 seats. Kraus Anderson continues to struggle to get tenants in Silver View Plaza and the City does want to help where it can. City Staff decided to bring this topic to the Planning Commission to discuss if the Commission would be open to adding more permitted or conditional uses to the B-2 zoning code, particularly relating to restaurants. The Planning Commission agreed that it didn’t make sense to limit the types of restaurants based on what type of cooking is done. The Commission suggested amending the zoning code to allow a “small restaurant, café and tea room” as a permitted use in a B-2 district. A small restaurant would be defined as being limited to 24 seats and no more than 2,000 square feet in size. The Commission also suggested allowing restaurants with more than 24 seats and more than 2,000 square feet in floor area in a B-2 zoning district as a conditional use. City Staff believes there could be some instances where small or a limited number of restaurants, along with some other types of retail could be compatible uses in a B-2 zoning district. After discussion with the Planning Commission, staff recommends adding the following permitted uses to the B-2 zoning code: - Small restaurant, café, tea room with a maximum of 24 seats and 2,000 square feet in floor area. Shall not include drive-through and/or window pick-up services or the serving of food to patrons in their vehicles - Auto accessory or parts store with no repairs or installations done on site, and no outside sales or storage B-2 Zoning Code Discussion Page 3 Added conditional use: - Restaurants, cafes and tea rooms with more than 24 seats and/or 2,000 square feet in floor area, provided that there are not drive-thru and/or window pick-up services or the serving of food to patrons in their vehicles. Recommendation: Staff recommends that the City Council review and discuss the possibility of additional permitted and conditional uses in the B-2 Zoning District. If the Council is supportive of making some amendments to the B-2 zoning code, staff would draft an ordinance with the changes and bring it to the Planning Commission at their next meeting for their review and recommendation. Sincerely, Heidi Heller Planning Associate Attachments 1. Zoning Map 2. Aerial View 3. B-2 zoning code 4. B-1 and B-3 zoning code 5. Planning Commission Minutes 1-4-89 6. Planning Commission Minutes 11-16-05 Zoning Map Mounds View Square SA gasSilver View Plaza Library Aerial View of area around Silver View Plaza Burger King Mounds View Square SASenior Apt bldg Silver View Plaza Residential Townhomes Library B-2, LIMITED BUSINESS DISTRICT 1113.01: PURPOSE: The purpose of the B-2, Limited Business District is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this District are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. (1988 Code §40.17) 1113.02: PERMITTED USES: The following are permitted uses in a B-2 District: Subd. 1. Service Oriented Businesses: Service oriented businesses which serve the Mounds View community: Bank, savings and loan, savings credit unions and other financial institutions. Commercial (leased and professional offices). Copy service but not including printing press or newspaper. Dry cleaning pick-up and laundry pick-up stations, including incidental repair and assembly but not including processing. Educational or instructional facilities. (Ord. 632, 7-26-99) Employment agencies. Finance companies. Health and beauty services. Insurance sales, claims and branch offices. Locksmith. Medical and dental offices and clinics. Public utility collection offices. Real estate sales. Shoe repair. Therapeutic massage as defined and regulated in Chapter 514 of the municipal code. (Added, Ord. 798, 9-10-07) Travel bureaus, transportation ticket offices. Subd. 2. Retail: Limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use. Adult establishment as defined and regulated in Chapter 513 of the Municipal Code. (Ord. 574, 5-13-96) All permitted uses as allowed in the B-1 Neighborhood Business Districts. Antique shop. Art and school supplies. Bakery goods and baking of goods for retail sales on the premises. Bicycle sales and repair. Books or stationery stores. Camera and photographic supplies. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks. Coin and philatelic stores. Costume, clothes rental. Delicatessen. Drugstore. Fabric store. Florist shop. Frozen food store but not including a locker plant. Furniture showroom without warehousing. Furriers when conducted only for retail trade on premises. Gift or novelty store. Hardware store. Hobby store, including handicraft classes but not to exceed fifteen (15) students. Ice sales with storage not to exceed five (5) tons. Jewelry stores and watch repair. Leather goods and luggage stores. Liquor, off-sale. Meat market but not including processing for a locker plant. Office supplies and equipment. Plumbing, television, radio, electrical sales and such repair as are accessory use to the retail establishments permitted within this District. Record/music shops. Rugs, carpet, tile, paint and wallpaper sales. Shoe stores. Small appliance sales and service. Sporting goods store. Tailor shops. Toy stores. Video rental, sales and service. Wearing apparel. (Ord. 452, 2-27-89; Ord. 487, 6-25-90) Subd. 3. Tattoo, Body Piercing, Body Branding, Body Painting or Body Scarring Establishments, provided that: a. Any such establishment shall be separated by no less than one thousand feet (1,000') from any other such establishment located within the City of Mounds View, as measured from the property lines of the property upon which the uses are located. b. The minimum floor space for such use shall be two hundred fifty (250) square feet. c. The establishment and operators shall be licensed and be in compliance with Chapter 515 of the Municipal Code. (Ord. 663, 9-11-00) 1113.03: ACCESSORY USES: The following are permitted accessory uses in a B-2 District: All permitted accessory uses as allowed in a B-1 District. (1988 Code §40.17) 1113.04: CONDITIONAL USES: The following are conditional uses in a B-2 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 1. Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community; provided, that: a. Conformity with the surrounding neighborhood is maintained, and required setbacks and side yard requirements are met. b. Equipment is completely enclosed in a permanent structure with no outside storage. c. Adequate screening from neighboring uses and landscaping is provided in accordance with subdivisions 1103.08(l) through (5) of this Title. d. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 2. Commercial planned unit development as required by Chapter 1120 of this Title. Subd. 3. Solar energy and wind generator systems and solar and wind generator structures. (1988 Code §40.17) Subd. 4. Veterinary clinics, animal clinics, and animal boarding facilities; provided, that: (Ord. 685, 8-27-01) a. Noise and odor are effectively confined to the premises in accordance with Chapter 6 of this Municipal Code, Nuisances. b. A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by such use. Such systems shall be separate from other ventilation systems in the building. Such system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with Minnesota Building Code Mechanical Systems, Chapter 1345. (Ord. 441, 5-23-88; Ord. 685, 8-27-01) c. All animal boarding activities shall be conducted indoors, except for necessary outdoor exercise. At no time shall any animal be left unsupervised while outdoors. (Ord. 685, 8-27-01) d. Outdoor exercise shall be conducted so as not to unreasonably annoy, injure or endanger the health, safety, comfort, or welfare of the public. (Ord. 685, 8-27-01) e. All animal boarding facilities shall comply with the Nuisance Codes established for the City of Mounds View. (Ord. 685, 8-27-01) f. All animal boarding facilities shall comply with the Minnesota Pet and Companion Animal Welfare Act (Minnesota Statutes, 346.35 – 346.44). (Ord. 685, 8-27-01) Subd. 5. Pet stores; provided, that: a. Noise and odor are effectively confined to the premises in accordance with Chapter 604 of this Municipal Code, Nuisances. b. The boarding of animals is prohibited, except for the purposes of retail sales. c. A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by such use. Such systems shall be separate from the other ventilation systems in the building. Such system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with the Minnesota State Building Code Mechanical Systems, Chapter 1345. (Ord. 448, 9-26-88) Subd. 6. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. (Ord. 588, 2-10-97) Subd. 7. Day care center, group nursery; provided that: (Ord. 595, 4-14-97) a. No overnight facilities are provided for the children served. Children are delivered and removed daily. (Ord. 595, 4-14-97) b. The front yard depth shall be a minimum of thirty five feet (35'). (Ord. 595, 4-14-97) c. Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02, subdivision 2b(3). (Ord. 590, 11-25-96) d. Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. (Ord. 595, 4-14-97) e. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. (Ord. 595, 4-14-97) f. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. (Ord. 595, 4-14-97) g. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. (Ord. 595, 4- 14-97) h. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. (Ord. 595, 4-14-97) i. The provisions of Section 1125.01, subdivision 1e of this Title are considered and satisfactorily met. (Ord. 590, 11-25-96) j. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of two hundred feet (200'), except as provided in Section 1123.02, subdivision 1c. (Ord. 595, 4-14-97) k. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license, as provided in Section 502 of the Municipal Code, or a license for an adult establishment, as provided in Section 513 of the Municipal Code, if five hundred feet (500') or less, except that the five hundred (500) foot requirement shall not apply to any liquor establishment receiving at least sixty percent (60%) of its annual gross sales revenue from the sale of food. (Ord. 595, 4-14-97) Subd. 8. Neighborhood Motor Fuel Station; provided, that: (Added, Ord. 788, 4-9-07) a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. There shall be a maximum of four (4) motor fuel dispensing pumps on the site. c. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. e. The entire site, other than that taken up by a building, structure of plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. i. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title. j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(1) through (5) of this Title. l. Each light standard island and all islands in the parking lot shall be landscaped or covered. m. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(1) through (5) of this Title. n. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code. p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 9. Car washes as an accessory use to a neighborhood fuel station (drive through, mechanical and self-service); provided, that: (Added, Ord. 833, 9-3-09) a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles that can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the Director of Public Works/City Engineer. (Added, Ord. 833, 9-3-09) c. At the boundaries of a residential district, a strip of not less than ten feet (10’) shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. (Added, Ord. 833, 9-3-09) d. Each light standard island and all islands in the parking lot shall be landscaped or covered. (Added, Ord. 833, 9-3-09) e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. (Added, Ord. 833, 9-3-09) f. The entire area, other than occupied by the building or plantings, shall be surfaced with material that will control dust, drainage and erosion that is subject to the approval of the Director of Public Works/City Engineer. (Added, Ord. 833, 9-3-09) g. The entire area shall have a drainage system that is subject to the approval of the Director of Public Works/City Engineer. (Added, Ord. 833, 9-3-09) h. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 1103.09 of this Title. (Added, Ord. 833, 9-3-09) i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Director of Public Works/City Engineer. (Added, Ord. 833, 9-3-09) j. All signing and informational or visual communication devices shall comply with the Mounds View Sign Code. (Added, Ord. 833, 9-3-09) k. Provisions are made to control and reduce noise. (Added, Ord. 833, 9-3-09) l. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. (Added, Ord. 833, 9-3-09) 1113.05: INTERIM USES: The following are interim uses in a B-2 District requiring an Interim Use Permit. An interim use permit must be obtained in accordance with procedures identical in form and a substance to the conditional use permit procedures found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Interim Use Permits may be approved for a determined or undetermined period of time at the sole discretion of the City Council. (Added, Ord. 735, 5-10-04) Subd. 1. All permitted interim uses as allowed in a B-1 District. (Added, Ord. 735, 5-10-04) B-1, NEIGHBORHOOD BUSINESS 1112.01: PURPOSE: The purpose of the B-1, Neighborhood Business District is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods for the surrounding neighborhoods and are not intended to draw customers from the entire community. PERMITTED USES: The following are permitted uses in a B-1 District: Barber shops Beauty parlors Convenience grocery stores (not supermarket type) Essential services Laundromat, self-service washing and drying Thrift or second-hand store Retail business for local or neighborhood needs subject to the following limits: - The sale of dry goods, clothing, notions and variety merchandise. - The sale of books, magazines, newspapers, gifts, jewelry, music, stationery or office supplies. Dry cleaning and laundry receiving and pick-up stations (with no cleaning or pressing done on site) Florist shop Candy and ice cream stores (shall not include drive-through and/or window pick-up services) Tailor shop, dress making, clothing rental store Professional and service business offices such as accountant, architect, broker, engineer, attorney, realtor, appraiser, finance agency, insurance agency, investment agency, travel agency, mortgage company Medical, dental, chiropractic, counseling or other health-related office or clinic Repair store that provides services for the repair of home, garden, yard and personal use appliances, tool or equipment (except for motorized vehicles or gas-powered equipment). All repair work shall be done inside the building and there shall not be any outdoor sales or storage. The City will allow uses similar to those listed above in this section if the proposed use would not create a nuisance and if the use would not be noxious or hazardous. The City Council shall review uses that are not clearly similar to those listed in this section for a determination of compatibility. B-3, HIGHWAY BUSINESS 1114.01: PURPOSE: The purpose of the B-3, Highway Business District is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. (1988 Code §40.18) 1114.02: PERMITTED USES: The following are permitted uses in a B-3 District: All permitted uses as allowed in a B-2 Limited Business District. Amusement centers. Auto accessory stores. Bowling alleys. (Ord. 617, 6-8-98) Commercial recreational uses. Grocery stores, supermarkets. Motels, motor hotels and hotels; provided, that the lot area contains not less than five hundred (500) square feet of lot area per unit. Private clubs or lodges serving food and beverages with use being restricted to members and their guests. Adequate dining room, kitchen and bar space must be provided according to standards imposed upon similar unrestricted customer operations. The serving of alcoholic beverages to members and their guests shall be allowed; provided, that such service is in compliance with applicable Federal, State and Municipal regulations. Offices of such use shall be limited to no more than twenty percent (20%) of the gross floor area of the building. Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools and religious institutions, such as churches, chapels, temples and synagogues. (Ord. 617, 6-8-98) Rental stores. Restaurants, cafes, tea rooms, taverns, on- and off-sale liquor. Taxi terminals, stands and offices. (Ord. 452, 2-27-89; Ord. 581, 6-10-96) 1114.03: ACCESSORY USES: The following are permitted accessory uses in a B-3 District: All permitted accessory uses as allowed in a B-2, Limited Business District. (1988 Code §40.18) 1114.04: CONDITIONAL USES: The following are conditional uses in a B-3 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 1. Drive-in and convenience food establishments; provided, that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. c. Each light standard island and all islands in the parking lot shall be landscaped or covered. d. Parking areas shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. e. Parking areas and driveways shall be curbed with continuous curbs not less than six inches (6") high above the parking lot or driveway grade. f. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. g. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Section 1103.09 of this Title. h. The entire area shall have a drainage system which is subject to the approval of the Director of Public Works/City Engineer. i. The entire area, other than that occupied by buildings or structures or plantings, shall be surfaced with a material which will control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. j. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. k. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 2. Car washes (drive through, mechanical and self-service); provided, that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the Director of Public Works/City Engineer. c. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. d. Each light standard island and all islands in the parking lot shall be landscaped or covered. e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. f. The entire area, other than occupied by the building or plantings, shall be surfaced with material which will control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. g. The entire area shall have a drainage system which is subject to the approval of the Director of Public Works/City Engineer. h. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Section 1103.09 of this Title. i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Director of Public Works/City Engineer. j. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. k. Provisions are made to control and reduce noise. l. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 3. Motor fuel station, auto repair, minor and tire battery stores and service; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. c. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. d. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. e. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. f. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title. h. Wherever fuel pumps are to be installed, pump islands shall be installed. i. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. j. Each light standard island and all islands in the parking lot shall be landscaped or covered. k. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code. n. Provisions are made to control and reduce noise. o. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. p. No outside sale or service except as allowed in compliance with subdivision 5 of this Section shall exist. q. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. r. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. s. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 4. Open and outdoor storage as an accessory use; provided, that: a. The area is fenced and screened from view of neighboring uses or if abutting an R District in compliance with subdivisions 1103.08(l) through (5) of this Title. b. Storage is screened from view from the public right of way in compliance with subdivisions 1103.08(l) through (5) of this Title. c. Storage area is grassed or surfaced to control dust. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09 of this Title. e. The open and outdoor storage does not take up parking space as required for conformity to this Title. f. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 5. Open or outdoor service, sale and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers or wagons for a period greater than ten (10) days; (Amended, Ord. 733, 5-10-04) a. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring identical uses or an abutting R District in compliance with subdivisions 1103.08(l) through (5) of this Title. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with sections 1103.08 and 1103.09 of this Title. d. Sales area is grassed or surfaced to control dust. e. The open or outdoor service, sale or rental use does not take up parking space as required for conformity of this Title. f. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 6. An accessory use which is a permitted use in a B-2 District, and: a. Such use does not constitute more than thirty percent (30%) of the lot area and not more than fifty percent (50%) of the gross floor area of the principal use. b. The off-street parking and off-street loading requirements of Chapters 1121 and 1122 of this Title have been met. c. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. d. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 7. Solar energy and wind generator systems and solar and wind generator structures. (1988 Code §40.18) Subd. 8. Motor vehicle and recreation equipment sales and garages accessory thereto; provided that: a. Motor vehicle sales shall be on one (1) lot or contiguous lots not separated by a public street, alley, or other use. b. The minimum lot width shall be one hundred fifty feet (150’) at the minimum required front yard setback, as defined in Section 1104.01, Yard Requirements for B-3 Zoning Districts. c. A minimum lot area of two (2) acres is required. d. Setbacks shall be as required in Section 1104.01, Yard Requirements for B-3 Zoning Districts. e. The entire site on which motor vehicle sales is located, other than that devoted to buildings and structures or landscaped areas shall be surfaced and maintained with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed and maintained. All provisions shall apply as included in Chapters 1103, 1010 and 1302 relating to Surface Water Management. g. The following parking requirements shall be met: (1) All customer and employee parking spaces shall be permanently and clearly marked. (2) For every three (3) employees, a minimum of two (2) employee parking spaces shall be provided. (3) A minimum of two (2) off-street parking spaces for each service stall are required. The foregoing required parking spaces shall be shown and designated on the site plan. h. All outdoor illumination on sales lots shall be provided with lenses, reflectors, or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays and shall be in compliance with Section 1103.09 of the Municipal Code. i. The maximum areas permitted for outside storage of motor vehicles can not exceed two (2) square feet of outside storage to each one (1) square foot of enclosed ground floor area. Not more than one (1) automobile shall be stored on each forty (40) square feet of outside storage. No rooftop parking shall be permitted. j. Accessory buildings to be used solely for sales offices shall not be permitted. Such accessory buildings as are permitted shall be constructed of the same materials as the main structure. k. All signing and informational or visual communication devices shall be in compliance with Chapter 1008.08 of the Sign Code regulations. l. A minimum ten percent (10%) of the property, excluding setback requirements, is required for landscaped green space. The planting plan and type of shrubbery shall require approval of the Planning Commission based upon a recommendation of City Forester. m. A natural screen shall be erected and maintained along all property lines separating the site from any Residential District. The screening shall include landscaping (trees, shrubs, grass, etc.) of a type (layout, species, height, size and density) in compliance with Subdivision 1103.08 of the Title. n. The hours of operation of the facility shall not exceed seven o’clock (7:00) a.m. to ten o’clock (10:00) p.m. o. Test driving routes and patterns must be submitted and approved prior to operation of an automobile sales lot. p. No music or advertisement will be allowed over paging systems. q. All provisions shall apply as included in Section 1103.01 relating to noise within the City Code. r. All car lots shall be brought into conformance within seven (7) years of the date this ordinance is effective. (Ord. 570, 1-8-96; Ord. 581, 6-10-96) Subd. 9. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. (Ord. 588, 2-10-97) Subd. 10. Day care center, group nursery; provided that: (Ord. 595, 4-14-97) a. No overnight facilities are provided for the children served. Children are delivered and removed daily. (Ord. 595, 4-14-97) b. The front yard depth shall be a minimum of thirty five feet (35'). (Ord. 595, 4-14-97) c. Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02, subdivision 2b(3). (Ord. 590, 11-25-96) d. Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. (Ord. 595, 4-14-97) e. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. (Ord. 595, 4-14-97) f. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. (Ord. 595, 4-14-97) g. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. (Ord. 595, 4- 14-97) h. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. (Ord. 595, 4-14-97) i. The provisions of Section 1125.01, subdivision 1e of this Title are considered and satisfactorily met. (Ord. 590, 11-25-96) j. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of two hundred feet (200'), except as provided in Section 1123.02, subdivision 1c. (Ord. 595, 4-14-97) k. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license, as provided in Section 502 of the Municipal Code, or a license for an adult establishment, as provided in Section 513 of the Municipal Code, is five hundred feet (500') or less, except that the five hundred (500) foot requirement shall not apply to any liquor establishment receiving at least sixty percent (60%) of its annual gross sales revenue from the sale of food. (Ord. 595, 4-14-97) 1114.05: INTERIM USES: The following are interim uses in a B-3 District requiring an Interim Use Permit. An interim use permit must be obtained in accordance with procedures identical in form and substance to the conditional use permit procedures found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Interim Use Permits may be approved for a determined or undetermined period of time at the sole discretion of the City Council. (Added, Ord. 735, 5-10-04) Subd. 1. All permitted interim uses as allowed in a B-2 District. (Added, Ord. 735, 5-10-04) PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 4, 1989 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 ------------- ---_-_____-_________--------------------------------- m---m- The Mounds View Planning Commission was called to order by Chairman Mountin at 7:37 PM on Wednesday, January 4, 1989. MEMBERS PRESENT: Commissioners Alman, Dian, Miller, Saunders, Zollner and Chairman Mountin. Commissioner Burgers had an excused absence. ALSO PRESENT: City Planner Herman and Councilmember Wuori. Motion/Second: Zollner/Miller to approve the December 7, 1988 minutes as presented. 6 ayes 0 nays ___ There were no residents requests or comments from the floor. It was noted there was no one present to represent the applicant. City Planner Herman reviewed the proposed resolution and changes made to it since the agenda session. Motion/Second: Dian/Alman to adopt Resolution No. 241-88, recommending approval of a minor subdivision for Harvey Porath, 7100 Knollwood Drive, Planning Case No. 258-88. 6 ayes 0 nays Motion Carried It was noted the applicant was present. 6. - The Planning Commission reviewed proposed changes to the zoning code, specifically the B-2, B-3 and B-4 districts. City Planner Herman will check through the ordinances to see what was allowed under conditional 1. Call to Order 2. Roll Call 3. 4. 5. Approval of Minutes: December 7, 1988 Motion Carried Residents Requests and Comments from the Floor Consideration of Resolution No. 241-88 Consideration of Draft Ordinance Amending Chapter 40 Mounds View Planning Commission January 4, 1989 Regular Meeting Page Two ------------------------------------------------------------------------ use permits to make sure it does not conflict with - what is allowed in the zoning code now. There was discussion concerning the difficulties of including everything in this menu. This is an approach that has been taken by most cities in their zoning codes. Dennis Deisner, of Kraus Anderson Realty, intro- duced himself, along with Bob Minks and Charlie Grovell. He explained they have been before the Planning Commission and City Council many times for tenants in the Silver View Plaza shopping center due to the zoning restrictions that are in place, and they have lost tenants due to the time constraints involved in seeking a conditional use permit or rezoning, so they have requested the entire center be rezoned to B-3, which would eliminate the majority of times they would have to come before the Planning Commission. The Planning Commission reviewed the proposed changes by district and drafted proposed Resolution No. 243-89, recommending denial of the rezoning request by the applicant, Kraus Anderson, for Silver View Plaza from B-2 to B-3. It was then noted the applicant has requested to with- .- draw the rezoning request in light of the intent to expand the B-2 zoning menu. Motion/Second: Saunders/Zollner to forward the draft Ordinance No. 452, amending the municipal code of Mounds View by amending Chapter 40 entitled "Zoning". 6 ayes 0 nays City Planner Herman explained the applicant has stated they would still like some type of repair allowed with the motorcycle sales and assessory store. Jerry Linker of Kraus Anderson, explained some repairs are necessary at the store, such as tail lights, mirrors and so forth, and that special tools are needed for those repairs which the average motorcyle owner would not have. He also noted how many people do minor repairs at a gas station or hardware store, rather then waiting until they get home. Chairman Mountin asked that everyone remember the intent of the B-2 district. 7. Motion Carried Consideration of Draft Ordi- nance Amending Chapter 40 by Adding Motor- cycle Sales and Accessory Store as a Conditional Use in a B-2 District - Commissioner Dian stated she still had a problem with a motorcycle shop being in a B-2 zone at all. Mounds View Planning Commission January 4, 1989 Regular Meeting Page Three ------------------------------------------------------------------------ City Planner Herman pointed out the difference in - scale of items discussed, such as a motorcycle versus a carr in that zoning. At the request of the applicant, after considerable discussion, the proposed ordinance was changed to read that there would be no mechanical repairs or bodywork done on the premises. Motion/Second: Saunders/Miller to forward the draft ordinance amending the municipal code of Mounds View by amending Chapter 40 entitled "Zoning" to the City Council. 4 ayes 2 nays Motion Carried Commissioner Dian and Chairman Mountin voted against the motion. Commissiner Dian explained she felt the proper zoning was B-3 rather than B-2, and she pointed out this does not carry through with the intention of a main street for Mounds View. Chairman Mountin drew a parallel between motorcycles and other motor vehicles and stated she feels they belong in B-3, which is a more intense use. - City Planner Herman explained the reason the proposed ordinance had been drafted, stating that grandfather- ing by ordinance was the only legal way to allow the renting of a dwelling unit within a single family home in an R-l district. Chairman Mountin pointed out they are writing an amend- ment for one person. City Planner Herman stated most people will rent out a dwelling unit in their homes regardless of the ordinance being approved or not. Commissioner Alman stated this would be undermining the law for the convenience of home owners, which she did not favor. Chairman Mountin noted through this ordinance the City implies to renters that they are underwriting the safety of that unit, because it has been inspected. She explained problems occur if they are not known of and inspected. 8. Consideration of Draft Ordi- nance Amending Chapter 40 Regarding Rent- ing of a Dwelling Unit Within a Single Family Home in an R-l District Commissioner Alman pointed out the owner of a home in an R-l district who rents out space is also getting away without paying appropriate property taxes. - City Planner Herman explained that presently enforcement is done by complaint. Mounds View Planning Commission November 16, 2005 Regular Meeting Page 6 ________________________________________________________________________ MOTION/SECOND: Miller/Hull. To approve Resolution 819-05, a Resolution Recommending Approval of a Rezoning Request From R-1 Single Family Residential to R-2 Single & Two Family Residential; Planning Case No. ZC2005-002. Ayes – 5 Nays – 2 (Hegland, Zwirn) Motion carried. Commissioner Hegland stated he believes in not increasing density in housing and this would do that. Commissioner Zwirn stated he is not clear the intent was not prior to the action. ______________________________________________________________________________ 6. Planning Case ZC2005-003. Consideration of a Rezoning Request to Silverview Plaza from B-2 Limited Business to B-3 Highway Business Community Development Director Ericson reviewed the staff report indicating the applicant, Kraus Anderson, is requesting a rezoning of the property located at 2544-2574 County Road 10, commonly known as Silverview Plaza, from B-2, Limited Business, to B-3, Highway Business. Rezoning would allow for all uses within the B-2 district plus more intense commercial uses such as restaurants, auto parts and auto repair, motels or hotels, and gas stations. Currently, 45% of the retail area is vacant. Director Ericson stated according to City Code, in order to approve a rezoning request, it must be determined the zoning designation would be consistent with the City’s comp plan and would not be detrimental to the neighborhood or adversely affect any adjoining properties. The request would not be inconsistent with the comp plan, which designates this area as “Community Commercial”; however, the request may not conform to the subjective adverse effects test. At full capacity, traffic circulation at the Plaza becomes more problematic because there is no direct access out to County Road 10 and only one shared right-in access. Additionally, there may be inadequate parking if the Plaza is at full capacity and depending upon the tenant mix. Director Ericson stated that the Planning Commission received three letters from residents noting concerns such as traffic, noise, and pedestrian safety, and a resident petition in opposition of the rezoning. Commissioner Miller stated a letter from Kraus Anderson noted some possible businesses have been turned away like a hardware store, and asked if it is because they repaired lawnmowers. Director Ericson replied a service aspect pushes it into a CUP, where there could be noise and adverse effects. He added some businesses turned away would be allowed with the rezoning. Chair Stevenson asked how Subway qualifies in B-2. Director Ericson replied the code was amended years ago to allow “delicatessens” which do not have full cooking facilities. Chair Stevenson opened the public hearing at 7:56 p.m. Mounds View Planning Commission November 16, 2005 Regular Meeting Page 7 ________________________________________________________________________ Mike Gross, Property Manager, Kraus Anderson, stated other restaurants have been interested, such as a Chinese restaurant, but have been denied because they are not a deli. He added they are not getting the correct tenant mix because in the past tenants have been more office related, which does not bring in other customers to the center. He added several tenants are not making it due to traffic counts. Char Stevenson asked if they feel a B-3 designation would fill the space. Mr. Gross replied this would be the goal and would give them more options. Mike Korsh, Asset Manager, Kraus Anderson, stated restaurants and a hardware store are examples of what they would like to have. He added the City would have a fail-safe regarding tenants because if the zoning were B-3, many tenants would be reviewed for a CUP. Chair Stevenson stated the applicant is having a hard time filling the space as B-2, but as B-3 if the place is filled there may be a parking issue as well as a noise issue. Mr. Gross replied common requirements for parking are 1 stall to 100 square feet, and most cities are looking for 1 stall to 200 square feet because huge lots are not getting full. He added the school located in the plaza encompasses 25% of the mall but uses maybe 10 parking spots. Also, Dominos Pizza only uses a few spots for their delivery trucks; there is no patron parking. Chair Stevenson stated if B-3 and tenants change there could be a parking problem. In the past there was an issue with more tenants. He added he is not seeing where the parking situation has been remedied; therefore, patrons could be parking elsewhere. Mr. Korsh replied typically, parking is 5 stalls per 1000 square feet. When the facility was built it was the tendency to over park. He added tenants self-regulate their parking and will not lease space in a building that already has a full parking lot. Chair Stevenson asked if they have other centers of this size with this little parking. Mr. Korsh replied yes, most of them are this way. Chair Stevenson asked what is the parking ratio now. Director Ericson replied 1 stall to 200 square feet. He added currently, based on codes and City requirements they are short about 59 stalls. He added for places such as malls the City comes up with a generic parking requirement, based on the type of zoning and tenants planned. There is no way to predict what will be each tenant’s parking requirements. He agreed that in the past, there was a tendency to over create parking. He stated there is validity to the claim that tenants seem to self-regulate. He added the Plaza has 172 stalls; however many of these are in the back which no one uses and are not very accessible. Chair Stevenson stated he has a hard time including those stalls in the back. Mr. Korsh replied these stalls are typically for employees. Commissioner Scotch asked what is vacant now and noted there have been vacancies for the past five years. She added she would like to see more traffic there, but would not want to see car Mounds View Planning Commission November 16, 2005 Regular Meeting Page 8 ________________________________________________________________________ repairs. Mr. Gross replied 45% is currently vacant and agreed it has been consistent although they have rented to a few businesses on a short-term basis. Chair Stevenson asked in B-2 what would be some of the allowed uses without a CUP. Director Ericson replied probably small restaurants and stores that do not do repairs such as grocery. Commissioner Hegland asked about possible access off County Road 10. Director Ericson replied no, Ramsey County probably would not allow access. Mr. Gross replied he contacted the County regarding this and received the same answer. Commissioner Zwirn asked if they are price competitive. Mr. Gross replied they are at or below market at about eight dollars per square foot, depending upon the plan and use. Jim Stimmler, Kraus Anderson representative, stated he has been involved with leasing the center for the past 10 years, and has been very aggressive in getting people in. He added they want to fill the Plaza with quality tenants, which would make it a stronger center and keep it updated. Dwaine Straight, 2718 Lake Court Drive, stated the area was zoned the way it is because of noise and traffic and he does not see anything that has changed to approve rezoning. He added he heard a rumor one of the plans could be an auto muffler shop, and noted there is two close by so he is not sure it would be successful or how much noise, traffic, and parking it would create. Chair Stevenson replied an auto muffler shop would require a CUP and likely not be approved. Mr. Straight stated at the handicapped building a lot of folks are out on nice days and if there is more parking and traffic this could be a problem for them. Commissioner Scotch replied she has noticed them trying to cross County Road 10 and that this issue should be addressed soon. Mark Gola, Ham Lake, stated he is looking to open a Meineke franchise at the Plaza. He added there would be one door in the back where vehicles would be brought in and worked on with closed doors, they would require no more than 10 parking stalls, and would close at 6:00 p.m. Commissioner Scotch asked if he has other stores now. She also asked how much space he was looking at and if the door would be a roll up. Mr. Gola replied there are several Meineke stores and indicated various cities. He added he is looking at leasing the end cap, 4,900 square feet, and the door would be a roll up. Commissioner Hegland asked where he would put scrap. Mr. Gola replied there would be a separate dumpster for it. He added the shop would help the other business because patrons could drop off their car and go to other shops. Commissioner Miller asked what information did residents have before they signed the petition. Director Ericson replied the residents received copies of the notice indicating the proposed change, what the redesignation would entail, and examples of what could be permitted in B-3. Mounds View Planning Commission November 16, 2005 Regular Meeting Page 9 ________________________________________________________________________ Commissioner Miller asked about the opposition of increased traffic in the petition. Norma Straight, 2718 Lake Court Drive, replied they were told at a townhome association meeting that a Meineke may be moving in, that is why they all signed the petition. Commissioner Hull asked if they would be against a restaurant or a quieter business. Mrs. Straight replied no, but would be opposed to noise or more traffic. Commissioner Zwirn asked what was the issue with the Chinese restaurant not being able to lease. Director Ericson replied they were above and beyond what would be defined as a deli. He added regardless of the action tonight, the Planning Commission could create a B-2 restaurant provision. Commissioner Zwirn asked how a restaurant differs from Subway or Dominos. Director Ericson replied the delineation is items such as the stove and burners. He added Subway and Dominos do not really have cooking facilities other than an oven. Chair Stevenson asked if the designation was left as B-2 could an individual with a CUP allow certain things to go in that is not B-2. Director Ericson replied only if it were identified as a potential conditional use in the district already. Commissioner Miller asked if a Meineke, along with Mr. Gola’s explanation, changed their mind. Mrs. Straight replied no. Mr. Korsh stated a B-2 with additional uses would be helpful. Chair Stevenson replied the Commission would like to explore this possibility. Chair Stevenson closed the public hearing at 8:29 p.m. MOTION/SECOND: Zwirn/Stevenson. To approve Resolution 820-05, a Resolution Recommending Denial of a Rezoning Request to Silverview Plaza from B-2 Limited Business to B-3 Highway Business; Planning Case No. ZC2005-003. Ayes –7 Nays – 0 Motion carried. Barbara Haake, 3024 County Road I, stated she approves of the motion and the consideration of B-2 with CUPs. She added there are so many empty spaces along County Road 10. She requested suggestions later be explored regarding what could be added into the Plaza. Chair Stevenson replied Staff can work with the applicant to encourage business growth. ______________________________________________________________________________ 7. Next Planning Commission Meeting: December 21, 2005. ______________________________________________________________________________ 8. Adjournment to Agenda Session