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HomeMy WebLinkAbout05-06-1987 4. PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 6 , 1987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 The Mounds View Planning Commission was called to 1 . Call to order by Chairman Mountin at 7 : 32 PM, on Wedneday, Order May 6 , 1987. MEMBERS PRESENT: Commissioners Burgers, Peters, 2 . Roll Call Zollner, Saunders and Chairman Mountin. It was noted that Commissioner Forslund had an excused absence, and Commissioner Miller was expected to arrive later in the meeting. ALSO PRESENT: Clerk/Administrator Pauley and Councilmember Wuori. Motion/Second: Zollner/Burgers to approve the April 1 , 3. Approval of ,1987 minutes as presented. Minutes : April 1 , 1987 5 ayes 0 nays Motion Carried There were no residents requests or comments from the 4. Residents floor. Requests and Comments from the Floor Clerk/Administrator Pauley advised he had been told by 5 . Consideration the applicant that they have received approval from of Rslt. No. MnDOT. 181-87 , Amoco Oil Company Jim Filippi, of North Star Engineering, asked if there would be an opportunity, under Item 2 of proposed Resolution No. 181-87 , for them to address any negative comments that might be made at a public hearing, if one should be held at the end of the first year of operation. He stated that other than that concern, they have no problems with the proposed resolution. Chairman Mountin stated their concern would be noted floin the minutes. ' • Mounds View Planning Commission May 6 , 1987 Regular Meeting Page Two .Motiot /Second: Burgers/Saunders to adopt Resolution No. 181-87 , recommending approval to the City Council regard- ing Mounds View Planning Case 196-86, Amoco Oil Co. , 2800 Trunk Highway 10 . 4 ayes 1 nay Motion Carried Commissioner Zollner voted against the motion, stating she still is not comfortable with the impact this will have on the intersection of Silver Lake Road and Highway 10. Chairman Mountin stated that while she has a personal problem with this use on the site, she does not feel she can legally vote against it. She added that the traffic study states there will not be a problem, so they must be able to place their confidence in the consultant. Clerk/Administrator Pauley stated the Council will be setting a public hearing for 7 :05 PM on May 26, 1987 .. Mike Eicher, a representative of Pump and Meter 6. Consideration Service, stated that based on the surrounding area, of Rslt. No. they view County Road I as a highway use, and the 182-87 , Tom `property next door to the Tom Thumb as B-3, they Thumb Superette feel this site is suitable for a gasoline facility. Clerk/Administrator Pauley stated that while it is correct that it is B-3 to the east, the land use plan calls for the property in question to be B-1 , neighborhood commercial. Mr. Eicher stated that what is on paper is not obvious to the site. Chairman Mountin stated she felt it was regrettable the applicant had not attended any of the discussion sessions , as the Planning Commission had discussed this request thoroughly, and considered the issue from two perspectives, both the rezoning and how it would fit into the Comp Plan, and then if the proposed use would fit the site. She stated Staff had advised the use that is being proposed does not fit the site. She added that the request this evening deals specifically with the rezoning. Mr. Eicher stated that he had asked in writing that they be advised of any and all meetings concerning this request, and to date they have received nothing "'from the City. Mounds View Planning Commission May 6, 1987 Regular Meeting Page Three Pauley stated he had received no .Clerk/Administrator request from Pump and Meter Service connected with the resubmittal. George May, an attorney representing Pump and Meter Service, stated he was disappointed they could not attend the agenda session, since they were not informed of it, because he would have liked to take issue with the interpretation of the Comp Plan by the Planning Commission versus the use of the property. Mr. May read some sections of the requirements for District 1 property and stated he does not feel their plan has to be modified as he feels B-3 zoning could be allowed. Mr. May stated it is his understanding that County Road I is going to be widened to four lanes which will produce a heavy volume of traffic, and he feels this is a very suitable use for the site. Mr. May stated that he disagrees that the Comp Plan prohibits B-3 in District 1 and asked the Planning Commission to reconsider. He added that any ambiguity should be in favor of the requestor, not the City, and he does not feel the drawings and language coordinate . Chairman Mountin stated the proposed resolution was before the Planning Commission at the April 1 , 1987 regular meeting, but since no one was present to represent the applicant, they tabled action on it until tonight, and it is the Planning Commission' s intention to deal with the request at this time. Motion/Second: Zollner/Burgers to adopt Resolution No. 182-87, regarding the denial of the rezoning request for 2410 County Road I , for Tom Thumb Superette. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley outlined the appeal process for the applicant, stating that it must be in writing, to the Mayor and City Council, and upon receipt, it would be placed on the next agenda session agenda for discussion and would go on the agenda for the formal Council meeting the following week. He added the next agenda session is May 18, and depending upon the content of the letter the applicant might write, it may go to the City Attorney for his review before going to the Council for discussion. Mr. Thorson, the applicant, stated he had no new 7 . Consideration information to present to the Planning Commission. of Rslt. No. 183-87 , Dailey 110Motion/Second: Peters/Saunders to adopt Resolution Knolls Prelimi- No. 183-87 , recommending to the City Council regarding nary Plat Mounds View Planning Case No. 204-87 , Dailey Knolls . 5 ayes 0 nays Motion Carried Mounds View Planning Commission May 6 , 1987 Regular Meeting Page Four .Clerk/Administrator Pauley stated the item would hope- fully be placed on the May 11 City Council agenda, and it does not require a public hearing. Clerk/Administrator Pauley presented two pictures to 8. Consideration the Planning Commission, of the property in question, of Variance showing the conditions which prompted the applicant to Request for make his request for a variance for a fence, and he 7401 Park View reviewed the request of the applicant, Edward Trettel. Drive Chairman Mountin stated she feels there is a problem with the ordinance that does not require property owners to screen their belongings, and she would rather approach the issue that if the fence was 1 " on the other side of the lot line, it would meet code. She also stated there was a uniqueness to the situation in that the lot is pie shaped and it would meet code requirements if it was constructed on the other side of the property line. It was the concensus of the Planning Commission that this was a reasonable request for a variance, and it meets the requirements necessary for granting a variance. !Motion/Second: Saunders/Zollner to adopt Resolution No. 184-87, granting approval of a variance for 7401 Park View Drive, due to the fact of the lot shape and that the fence would be in conformance if it was on the other side of the lot line. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley reviewed the request of 9. Consideration the applicant for a minor subdivision at 8121 Long of Minor Lake Road. He explained the importance of acting Subdivision on both requests at once, for the minor subdivision Request for of one lot into two, and then two lots into one, so 8121 Long Lake as not to create a land-locked lot. He requested Road the Planning Commission, if they choose to approve the requests, approve both in one resolution, which would be null and void if either party did not follow through. Mrs. Lautzenheiser explained they have sold their home so they would like to move as quickly as possible on this minor subdivision, as they need to have a new abstract drawn up before they can close. "'Motion/Second: Burgers/Saunders to adopt Resolution No. 185-87 recommending approval of the minor subdivision request for the property at 8121 Long Lake Road. 5 ayes 0 nays Motion Carried Mounds View Planning Commission May 6 , 1987 Regular Meeting Page Five "'Clerk/Administrator Pauley asked the Planning Commission 10 . Consideration to consider meeting twice monthly, for regular meetings, of Staff Memo to be combined with work sessions the same evenings, to Regarding help speed the process of applications which come in Planning to the City. Commission Meeting Schedule Chairman Mountin stated the Planning Commission is always willing to call to order at their agenda sessions to handle simple requests for residents. She added the by-laws are clear in stating they can call to order at any time. It was the concensus of the Planning Commission that if a request is simple, they would be willing to review it and take action at an agenda session. Commissioner Miller arrived at 8: 25 PM. Clerk/Administrator Pauley updated the Planning 11 . Staff Report Commission on the JLN development, stating that they hope to start work in October or November. He updated the Commissioners on the Rosewood Corporation lawsuit, explaining that something may break loose in •the near future, with a new proposal for the site . Clerk/Administrator Pauley reported the Johnson property is now owned by the City, and the City will be closing on it with JLN by August 1 . Clerk/Administrator Pauley stated that if the momentum keeps going, all single family lots which are platted in the City will be built on or started by the end of this year. He stated the new building official will be starting on May 11 and has been advised that the majority of his work will be involved with commercial development. Clerk/Administrator Pauley reported ads have been placed for a City planner and engineer, and it is anticipated both could be on line by August 1. Commissioner Zollner asked that the Red Oak site be marked with flashers at the rough areas on the road. The Commissioners also asked that the use of a portable sign by Melissa' s Gift Shop be checked into, as it has ex- ceeded the time limitations, and the use of flags at the Tom Thumb store on County Road I. Clerk/Administrator Pauley brought the Planning Commission •up to date on testimony in the Williams Pipeline case . Mounds View Planning Commission May 6, 1987 Regular Meeting Page Six • The attendees at the April 15, 1987 agenda session were 12. Chairman' s Commissioners Burgers, Saunders , Forslund, Miller and Report Mountin, Councilmember Wuori and Clerk/Administrator Pauley. Chairman Mountin adjourned the meeting at 8: 57 PM. 13. Adjournment Re-pec ally submi ted, 110 10.1 Do .ld . Pau e Cler' Administr.tor • • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 181-87 S CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDATION TO THE CITY COUNCIL REGARDING MOUNDS VIEW PLANNING CASE NO. 196-86, AMOCO OIL COMPANY, 2800 TRUNK HIGHWAY 10 WHEREAS, Amoco Oil Company has requested City approval to construct a gas station/convenience store/self-service car wash in the City of Mounds View; and WHEREAS, the development, as proposed, requires a Conditional Use Permit, Minor Subdivision, and development approval; and WHEREAS, the Planning Commission has reviewed the following documents regarding this development proposal: a) Site Plan b) Landscape Plan c) Grading/Drainage Plan d) Boundary and Topography Survey e) Drainage Analysis f) Baffled Wier Plan WHEREAS, the Planning Commission has determined that the development proposal is in conformance with the requirements of the Municipal Code, specifically Chapters 40, 42, 49 and 49A and State Statutues; and WHEREAS, the development proposal requires permits from the Rice Creek Watershed District, Ramsey County, the Minnesota Department of Transportation (mnDOT) , and Minnesota Department of Public Safety, Office of State Fire Marshall; and WHEREAS, the storm water controls for the project have been determined to be adequate by the City Engineer. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of a Conditional Use Permit with the following conditions: 1. The facility must, at all times, be in compliance with State Laws and Minnesota Pollution Control Agency Standards for air quality and noise. 2. The hours of operation shall be 24 hours. - -After-one year operation, the City shall hold a public hearing to solicit input on the hours of operation. If there are any negative comments, the hours of operation may be reduced. • . . . • • • • . RESOLUTION NO. 181-87 PAGE TWO 411 3 . Outside loud speakers shall be utilized for clearing pumps only. 4. Outside merchandising shall be limited to the concrete entrance slabs to the building. Outside merchandise stacking shall not exceed 4 feet. 5. The single pedestal sign shall be located as shown on the site plan dated February 6 , 1987 . All other signage shall be in conformance with Municipal Code. 6 . If for any reason the gasoline sales portion of the business closes for a one year period, the Conditional Use Permit shall be null and void and the underground tanks shall be filled with sand or removed. 7 . The car wash facility shall include a blower system designed to remove as much water as feasible from the vehicle before it is allowed to exit the facility. This equipment shall operate as a customer option from April 16 to October 14 and as a mandatory service from October 15 through April 15. 8 . Entrance to the car wash facility shall be achieved from the southeast and vehicles shall exit to the northwest. BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the Minor Subdivision. BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends that a Development Agreement be entered into between the City and the Developer which includes the following: 1. Exhibits a) Site, Grading/Drainage, Landscaping, Lighting, Utility, Building Elevation, and Baffled Wier Plans b) Site Survey c) Legal Description d) Building Plans and Specifications e) Rice Creek Watershed District, Ramsey County, Minnesota Fire Marshall and MnDOT Permits f) Ordinance No. 49A 7-Year Performance Bond of $1,000 . 2. Development security in an amount to be determined. RESOLUTION NO. 181-87 • PAGE THREE c 3 . Payment of all City Staff and Consultant expenses related to the project above and beyond amounts previously submitted. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of May, 1987 . ATTEST: Chairman (SEAL) Clerk-Administrator Ill • 16 III MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 182-87 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING DENIAL OF A REZONING REQUEST FOR 2410 COUNTY ROAD I , TOM THUMB SUPERETTE WHEREAS, Pump and Meter Service Company has applied to rezone the property located at 2410 County Road I from B-1 , Neighborhood Business to B-3, Highway Business and install gas pumps; and WHEREAS, the Comprehensive Land Use Plan indicates the site should have a use as neighborhood commercial; and WHEREAS, a neighborhood commercial use in the Comprehensive Land Use Plan means a B-1 or B-2 zoning; and WHEREAS, this request is not in conformance with the Comprehensive Land Use Plan; and WHEREAS, existing zoning of the site is B-1, Neighborhood Business District; and WHEREAS, rezoning of the property would constitute spot zoning; NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission •recommends denial of this request because of the following: ( 1 ) The proposed use does not conform with the Comprehensive Land Use Plan. (2 ) The proposed use is inconsistent with the spirit and intent of neighborhood commercial centers (Neighbor- hood Business District) . (3 ) The site cannot accommodate sufficient parking to comply with the Zoning Ordinance for the proposed use. (4 ) Spot zoning is strongly discouraged by Land Planning authorities. S . . _ ,. _ IIIRESOLUTION NO. 182-87 PAGE TWO OF TWO BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of May, 1987 . ATTEST: Ch. gan (SEAL) 0 , ::...e.arA .../. A' ,_ irCler -A•mini trate• • MOUNDS VIEW PLANNING COMMISSION . III RESOLUTION NO. 183-87 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF RECOMMENDATION TO THE CITY COUNCIL REGARDING MOUNDS VIEW PLANNING CASE NO. 204-87, DAILEY KNOLLS PRELIMINARY PLAT WHEREAS, Dailey Homes, Inc. has requested approval • of a Preliminary Plat subdividing the east half of Lot 7, Lot 8, and the last half of Lot 9, into 3 lots for development of 3 zero lot line duplexes; and WHEREAS, the City staff has conducted a Development Review of the proposal and determined that the preliminary plat is in compliance with all applicable City codes; and WHEREAS, the Mounds View Planning Commission reviewed the Preliminary Plat and concurred with the conclusions reached during the Development Review. NOW, THEREFORE, BE IT RESOLVED that the Mounds 111 View Planning Commission recommends approval of the Dailey Knolls Preliminary Plat. Adopted this 6th day of May, 1987 . ATTEST: (SEAL) Chai an , "1/./ / Cler' A .mi 1st t• III MOUNDS VIEW PLANNING COMMISSION IIIRESOLUTION NO. 184-87 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING VARIANCE REQUEST FOR 7401 PARK VIEW DRIVE PLANNING CASE NO. 207-87 WHEREAS, Mr. Edward Trettel , 7401 Park View Drive has requested a variance from the fencing requirements prohibiting a fence exceeding four foot in height from the front of the principle building to the property line in sideyards extending beyond the front of the principle building; and WHEREAS, Mr. Trettel has requested a six foot fence from the front of his house to a distance of six feet beyond the front of his house at which time the fence would be lowered to a height of four feet for a distance of sixteen feet; and WHEREAS , the Planning Commission finds that a hardship is presented in view of the fact that Mr. Trettel 's property is located on a cul-de-sac whereby his lot is in a pie shape form 111 requiring that his home be set back further into his property than his neighbors lot. That his neighbor is legally storing traveler trailers in his sideyard beyond the front line of his house which can be seen from the front windows of Mr. Trettel ' s house due to the setback of Mr. Trettel 's neighbors property being closer to the street right-of-way than Mr. Trettel 's home. That had the fence been built by the neighbor it would have extended the distance requested by Mr. Trettel in his variance request and been in compliance with City Codes. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission finds the variance request of Mr. Edward Trettel , 7401 Park View Drive to be in conformance with the provisions of the Municipal Code as they relate to the granting of a variance and approves the installation of a six foot privacy fence by Mr. Trettel for a distance of six feet beyond the front line of his home. Adopted the 6th day of May, 1987. ATTEST: Chal :n 11 'III 411 (SEAL) '' =0 � OA� Clerk-Administrator v MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 185-87 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDATION TO THE CITY COUNCIL REGARDING MOUNDS VIEW PLANNING CASE 205-87 TED AND PAMELA LAUTZENHEISER, 8121 LONG LAKE ROAD AND MOUNDS VIEW PLANNING CASE 206-87 MARVIN KELLEY, 2521 SHERWOOD ROAD WHEREAS, Ted and Pamela Lautzenheiser, 8121 Long Lake Road have requested approval of a Minor Subdivision subdividing the east 120 feet of Lot 6, Block 4, Laport Meadows from their property; and WHEREAS, Marvin Kelley, 2521 Sherwood Road has requested approval of a Minor Subdivision combining the east 120 feet of Lot 6, Block 4, Laport Meadows with his current parcel which is the east 120 feet of Lot 5, Block 4, Laport Meadows thus creating a combined lot of 120 feet by 200 feet; and WHEREAS, City Staff has reviewed the proposed Minor Subdivi- sions and determined that they are in compliance with all • applicable City Codes; and WHEREAS, the Planning Commission has reviewed the Minor Sub- divisions and concurred with the conclusions reached by City Staff. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Minor Subdivisions submitted by Ted and Pamela Lautzenheiser and Marvin Kelley, Planning Cases 205-87 and 206-87 respectively. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of May, 1987. ATTEST: : ' rman (SEAL) • I i• -w Admini 67-a to •