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HomeMy WebLinkAbout05-18-1988 mmum PROCEEDINGS OF THE PLANNING COMMISSION • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting May 18 , 1988 Mounds View City Hall 2401 Hwy 10, Mounds View, MN 55112 The Mounds View Planning Commission was called to order 1. Call to by Chairman Mountin at 7 :35 PM on Wednesday, May 18, Order 1988. MEMBERS PRESENT: Commissioners Burgers, Saunders, 2. Roll Call Zollner and Chairman Mountin. It was noted Commissioners Miller and Simons had excused absences, and Commissioner Peters had an unexcused absence. ALSO PRESENT: City Planner Herman and Councilmember Wuori. There were no resident requests or comments from 3. Residents •the floor. Requests and Comments from the Floor It was noted the applicant was not present, but had 4 . Consideration been present at the last agenda session. of Resolution No. 225-88 Motion/Second: Saunders/Zollner to adopt Resolution Regarding Mound: No. 225-88 , recommending approval to the City Council View Business of Mounds View Planning Case No. 199-86, Mounds View Park Business Park, Everest Development, Ltd. 4 ayes 0 nays Motion Carried City Planner Herman reported that Mrs. Levitan, the 5. Consideration applicant, had called her earlier in the day to say of Resolution they would be withdrawing their request. She stated No. 223-88 she would be writing Mrs. Levitan a letter, confirming Regarding the withdrawal of her request and clarifying what can Variance Re- take place. quest by A&L Management City Planner Herman had no staff report. 6. Staff Report Chairman Mountin asked that she look into the fill that was being placed on a lot on Silver Lake Road west of County Road H2, and whether a permit had been taken out. Mounds View Planning Commission May 18 , 1988 Special Meeting Page Two • Chairman Mountin reported the Planning Commission 7. Chairman' s would be changing their scheduled meeting dates due Report to Staff vacation plans, and they are tentatively planning to meet and call to order on June 15 or June 22, to complete any items that might be unresolved at that time. Chairman Mountin asked that the comments received regarding the Harstad proposal and wetland consi- derations by the Concerned Citizens Group, dated May 5, 1988, be included with the minutes. Tore Wistrom, of Kraus-Anderson, asked if it was 8 . Code Appeal possible for the Planning Commission to meet earlier for James than that, as they would like to move forward on Toner for their code appeal. Billiard at Silver View Chairman Mountin explained that City Planner Plaza Herman would be out of town for two weeks, and that she would also be out of town for the June 1 and June 8 meetings. She polled the Commissioners to see if they were prepared to move this request up from the agenda session to discuss at this time. It was the concensus of the Commissioners that they would be willing to discuss it now. Motion/Second: Burgers/Zollner to place the zoning code appeal for James Toner, fora billiard hall at Silver View Plaza, on the regular agenda. 4 ayes 0 nays Motion Carried City Planner Herman briefly reviewed the memo received from Mr. Wistrom, dated May 6 regarding the code appeal. She stated she personally does not agree with the assumptions made, specifically with the amount of cars to be expected. She added she had called the Coon Rapids Billiard_ Hall and advised what she had been told. She pointed out that it is not near a residential area, and she advised the Commission look at the issue from a future standpoint. Mr. Wistrom stated the business hours of the billiard hall would be different from the other tenants, as far as peak times, and he stated he still is comfortable with his calculations. Mr. Toner stated most vehicle trips to entertainment spots are higher than 2. 5 per car, adding that he has been in the restaurant business for 20 years and knows 411the patterns. He stated he does not feel they would use up their own parking very often, and while he agrees there are townhouses or condominiums about 300 ' away, the noise would be very minimal coming from the billiard hall. • Mounds View Planning Commission May 18, 1988 Special Meeting Page Three • Commissioner Saunders asked what the busiest time would be for the billiard hall . Mr. Toner replied it is 10 PM to 12 midnight, with Friday and Saturday being the busiest days. He added they will have a cut-off at a certain age at a specified time. Commissioner Burgers asked if the points concerning amusement centers were covered at the last meeting. Commissioner Zolln_er stated she feels the issue tonight is not the parking but where billiard halls should go in the Code from now on. She states she feels they are an amusement center or bowling type establishment, which belong in B-4 , not B-2. She added the Planning Commission should look at where they want other billiard halls to go in the future. Commissioner Burgers agreed that parking is not a significant problem, but rather the question is what zoning it belongs in. He asked what types of limita- tions would be available on hours of operation. Chairman Mountin replied that would be covered by a conditional use permit, but the conditions set forth .must be applied evenly throughout the community. She added they must consider the health, safety and welfare a.nd .nuisance ssues 'in their deliberations. Commissioner Saunders stated he feels this is the type of business the City would like to see, but he is just not sure of that location and zoning. Chairman Mountin stated she is very much in favor of this type of recreation in the City, but she is concerned with compromising the B-2 zoning. She pointed out they have talked about concentrating the entertain- ment businesses near 35W, where some are presently located. She added that if permission is granted here, it would be very difficult to change their mind later. Mr. Wistrom stated the discussion last time had been over what zoning it belonged in, and he feels it should be permissable in B-2, and it would not interfere with the other businesses in the shopping center. Chairman Mountin stated the Planning Commission is not opposed to the billiard hall, as they feel it would be good for the City, but they must make a value judgment on where it would fit. • Mounds View Planning Commission May 18, 1988 Special Meeting Page Four • Commissioner Zollner explained that if this request is allowed to go into a B-2 zoning, it would be able to go into any B-2 zoning in the City. Chairman Mountin explained the purpose of a special use permit, and how it is used to regulate the activities of an operation. Mr. Toner stated he understands billiard halls are not addressed by City code, so they must now be placed somewhere, and the Planning Commissions major concerns earlier had been with parking and the impact of the business. He stated he feels they are not issues, and this business should be placed in a B-2 zoning. City Planner Herman stated that in rewriting the zoning code, the point is that the Planning "Commission is trying to conceptually set up the zoning code, and trying to set uses up in districts based on impact, with some of the considerations being traffic, noise, parking, impact on residents, lights, and so forth. She added the Planning Commission's intent for B-2 zoning was not for this type of activity, and if it is not addressed by the Planning Commission now, it will be addressed by the City Council when it reaches •them. City Planner Herman stated Staff would recommend B-3 or B-4 zoning, and she read the preface for B-2 and B-4 zoning, as to their intent and uses. Chairman Mountin states she wants the business in Mounds View but does not want to compromise the B-2 zoning. Mr. Wistrom stated that if it were to fall into B-3 zoning, in the Planning Commission 's judgment, he felt it could be allowed in B-2 with a special use permit. Mr. Toner stated that no matter how much they try to sidestep the parking issue, it comes back to the parking, and he does not feel it is going to be a problem. Mr. Toner requested the Planning Commission to grant their request in B-2, with a special use permit. The Planning Commission worked on drafting Resolution No. 226-88, stating th.it whereas James Toner has requested a billiard hall at Silver View Plaza, and "'the application is for a code and zoning appeal, and the zoning code does not specifically permit billiards and any use that is not specifically permitted is expressly prohibited, and whereas the Planning Commission Mounds View Planning Commission May 18, 1988 Special Meeting Page Five •has reviewed the use as it would apply to each zoning district, now therefore be it resolved that the Planning Commission finds that the proposed use does not fit the spirit and intent of a B-2 district as it is an entertainment center of higher use or impact than that of limited retail centers and services, so the Planning Commission denies the request for the code appeal . The Planning Commission asked Staff to put the resolution into final format. Motion/Second: Zollner/Burgers to adopt Resolution No. 226-88, denying the code appeal for James Toner for a billiard hall at Silver View Plaza. 4 ayes 0 nays Motion Carried Mr. Toner stated he would like to appeal the denial to the City Council. City Planner Herman stated the public hearing would be set on June 13, the request discussed at the June 20 agenda session, and the actual public hearing held on June 27. •Chairman Mountin adjourned the meeting at 8 :25 PM. 9. Adjournment Respectfully submitted, //// Kimberly Herman City Planner COMMENTS CONCERNING THE HARSTAD PROPOSAL AND WETLAND CONSIDERATIONS BY THE CONCERNED CITIZENS GROUP_.,... May 5, 1988 • 1. The only variance or alteration thatashould be allowed should be a variance from the 100 ft. setback only for the number of lots that could have been developed in the upland in 1981. This variance should be allowed in an area where there would be a minimum impact on the wetland. There is no justification for any further filling. 2. A 50 foot easement should be required on either side of the ditch as required by Rice Creek Watershed District. 3. The Planning Commission should have some input on the guidelines that the City is working on for applying the wetland ordinance. Action on these guidelines should be moving forward so they can be used for proposals such as Harstad's 4. Harstad should be required to post a performance bond for 10 years against wet basements in view of their past performance. - 5. If the boundaries to the wetland are going to be redelineated there should be a set percentage of change that would be allowed (such as 5%) because boundaries will shrink after dry years such as we have been experiencing, but they could also re-expand in wetter times. It is during these wetter times that we will need that storage capacity. • 'n. • } } rr- RESOLUTION NO. 225-88 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDATION TO THE CITY COUNCIL REGARDING MOUNDS VIEW PLANNING CASE NO. 199-86, MOUNDS VIEW BUSINESS PARK, EVEREST DEVELOPMENT, LTD. WHEREAS, Everest Development, Ltd . has requested approval of the preliminary plat for a major subdivision entitled , "Mounds View Business Park 2nd Addition" ; and WHEREAS , City Staff has reviewed the proposed preliminary plat and determined that it is in compliance with all applicable City Codes; and WHEREAS , the Planning Commission has reviewed the preliminary plat and concurred with conclusions reached by City Staff . NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the preliminary plat for the major subdivision of the Mounds View Business Park 2nd 111 Addition by Everest Development, Ltd. BE IT FURTHER 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 18th day of May, 1988. ATTEST: hairrper (SEAL) .. City Planner MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 226-88 IIMCITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING DENIAL OF THE REQUEST BY JAMES TONER TO OPERATE A BILLIARD HALL AT SILVER VIEW PLAZA, MOUNDS VIEW PLANNING CASE NO. 240-88 WHEREAS , James Toner has requested approval to operate a q PP P billiard hall at Silver View Plaza and has applied for a Zoning Code appeal; and WHEREAS, the Zoning Code does not specifically permit billiard halls, and any use not specifically permitted in the Code is prohibited; and WHEREAS, the Planning Commission has reviewed the use as it would apply to each zoning district; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View finds that the proposed use does not meet with the spirit and intent of uses within a B-2 District as it is an entertainment center having a higher use and . greater impact than what is intended for a limited retail center; BE IT FURTHER RESOLVED that the Planning Commission denies the request to locate a billiard hall at 2540 Highway 10 , Silver View Plaza. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this Tfthday of May, 1988. ATTEST: hair (SEAL) City Planner