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HomeMy WebLinkAbout02-05-1997 411 PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 5, 1997 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. Call to Order The meeting was called to order by Chair Peterson at 7:01 p.m. 2. Roll Call Members present: Commissioners Brooks, Johnston, Obert, Miller, Brasaemle, Stevenson and Chair Peterson. Also Present: Community Development Director Sheldon, Planning Associate Ericson, Council Liaison Koopmeiners and Recording Secretary Benesch. 3. Approval of Minutes: November 20, December 4, and December 18, 1996 Motion/Second: Brasaemle/Obert to approve the minutes of November 20, December 4 and December 18, 1996. Motion Carried: 7 ayes, 0 nays 4. Citizen Requests and Comments on Items Not on the Agenda There were no resident requests or comments from the floor. Index to Minutes Page Planning Case No. 470-96, Conditional Use Permit for Linder's Greenhouses, Mounds View Square Shopping Center 2 Planning Case No. SP-012-97, Ordinance No. 594, Regarding Tall Grasses 3 Planning Case No. SP-013-97, Ordinance No. 595, Regarding Adding Day Care Centers as a Conditional Use to Business and Industrial Districts 3 • Planning Case No. SP-014-97, Ordinance No. 596, Regarding Foster Homes 4 • Mounds View Planning Commission February 5, 1997 Regular Meeting Page 2 5. Planning Case No. 470-96 2535-2585 Highway 10 Applicant: Linder's Greenhouses Request for a conditional use permit to operate a flower mart at Mounds View Square Shopping Center. The applicant, Linder's Greenhouses, was not present. Planning Associate Ericson explained that the applicant is requesting a conditional use permit to operate an outdoor flower mart on the Mounds View Square Shopping Center parking lot. Mr. Ericson noted that this item was discussed at their last agenda meeting. Mr. Ericson informed the Planning Commission that Staff recommends the following four contingencies be added to Resolution No. 492-97: • 1. The facility shall be allowed to operate from March 15, 1997 to July 15, 1997. 2. The hours of operation of the facility shall not exceed 8:00 a.m. to 9:00 p.m. 3. Only the signage shown on the Greenhouse Design Plan shall be allowed. 4. All lighting for the use shall be supplied by existing parking lot lighting and supplemental interior lighted, if needed. Mr. Ericson added that Staff recommends approval of the resolution. Motion/Second: Brasaemle/Miller to adopt Resolution No. 492-97 recommending to the ' • . . - « ; . . . • ; . - - .•. - .' 'i - - . - - . � -" - . . - . • . - _ . . - Mounds View Square, Planning Case No. 470-96. Commissioner Brasaemle added that it was great to have Linder's back in Mounds View. Chair Peterson added that he wasn't aware that there have ever been any problems with them. Motion Carried: 7 ayes, 0 nays • • Mounds View Planning Commission February 5, 1997 Regular Meeting Page 3 6. Planning Case No. SP-012-97 Ordinance No. 594: Allowing wetland and native vegetation to be exempted from the requirement for mowing grasses over 8" in height. Planning Associate Ericson explained to the Planning Commission that this request is an ordinance amendment relating to the requirement to mow tall grasses and creating an exemption for wetland and native vegetation. He explained that this case relates to a resident who has a wet area in his rear yard at 8380 Greenwood Drive, who wants to leave the area to grow in its natural state. Mr. Ericson passed around a photograph of the area that was taken during the summer. Mr. Ericson added that Staff is recommending approval of the resolution. Motion/Second: Stevenson/Brasaemle to adopt Resolution No. 493-97 recommending amendment of Chapters 606, 607, and 1005 of the Mounds View Municipal Code related to the requirement to mow tall grasses and creating an exemption for wetland and native vegetation. Motion carried: 7 ayes, 0 nays 7. Planning Case No. SP-013-97 Ordinance No. 595: Adding day care centers and group nurseries as a conditional use to business and industrial zoning districts. Community Development Director Sheldon explained that this item relates to the provision in the Zoning Code for group nursery and day care centers and noted that, at present, these uses are only allowed in residential districts. She added that the proposed ordinance would add them to the business and industrial districts and added that Staff is recommending approval of Resolution No. 495-97. Director Sheldon noted that in the ordinance, the criteria used for the additional districts is the same criteria that now appears under the residential districts with some minor changes to the definition of day care centers and home day care. She explained that this was done to use the same definitions in the City Code as are used by State agencies which issue licenses for these facilities. Staff also suggested that a • definition be added for group family day care. • Mounds View Planning Commission February 5, 1997 Regular Meeting Page 4 Motion/Second: Brooks/Miller to adopt Resolution No. 495-96 recommending approval of Ordinance No. 595 adding day care centers and group nurseries as a conditional use in the B-1, B-2, B-3, B-4, and I-1 zoning districts; Planning Case No. SP-013-97. Motion Carried: 7 ayes, 0 nays 8. Planning Case No. SP-014-97 Ordinance No. 596: Revising the criteria for family foster homes having eight children to include definitions from State of Minnesota Rules applicable to both the Department of Human Services and the Department of Corrections. Community Development Director Sheldon explained that this item represents a correction to an earlier action taken to amend one of the City's ordinances. She 1111 explained that the basic idea is that the City does allow for state licensed foster care facilities in a residential district as a permitted use if the number of people being served is six or less. She added that there is an allowance in state law for local governments to raise that number to eight children by passing an ordinance authorizing it. She explained that last year the Planning Commission recommended and the City Council adopted an ordinance adding this local option to the City Code. The reference to the types of homes covered, however, used the definition from the Minnesota rules for the Department of Human Services. Since then, staff learned that homes providing care may be receiving children referred by the Department of Corrections and operating under rules for this department. The definition needs to refer to both departments' rules. The revised ordinance corrects this situation. Ms. Sheldon added that Staff recommends approval of Resolution No. 494-97. Motion/Second: Peterson/Brooks to adopt Resolution No. 494-97 recommending approval of Ordinance No. 596 amending Section 1106.02, Subd. 2 and 3 of the Mounds View Zoning Code to allow eight children in foster family homes, group homes and group foster homes; Planning Case No. SP-014-97. Motion carried: 7 ayes, 0 nays • Mounds View Planning Commission February 5, 1997 Regular Meeting Page 5 9. Election of 1997 Officers There was some discussion by Staff and the Planning Commission on past practice regarding the election of officers. Chair Peterson indicated that he thought the election process was done in December of each year. It was determined that the Commission would nominate members for both the Chair and Vice-Chair positions and then vote on each. It was learned from a review of the Municipal Code that the person selected as chairman must be confirmed by the Mayor and City Council. Motion/Second: Brasaemle/Brooks to nominate Jerry Peterson as Chair for the Planning Commission for 1997. No other nominations for Chair were made. Motion/Second: Brasaemle/Stevenson to recommend to the City Council the election Jerry Peterson as Chair for the Planning Commission for 1997. • Motion Carried: 6 ayes, 0 nays, 1 abstention (Chair Peterson abstained since he was the nominee) Motion/Second: Johnston/Brasaemle to nominate Gary Stevenson as Vice-Chair for the Planning Commission for 1997. No other nominations for Vice-Chair were made. Motion/Second: Brasaemle/Brooks to recommend to the City Council the election of Gary Stevenson as Vice-Chair for the Planning Commission for 1997. Commissioner Stevenson expressed a concern regarding serving on both the Planning and Parks and Recreation Commissions. Mr. Stevenson indicated that there was an agreement with the previous Council that if he served on more than one commission that he would not Chair either of them. Council Liaison Koopmeiners indicated that he was not aware of any rule disallowing him from serving as Vice-Chair for the Planning Commission while also serving as a member of the Parks and Recreation Commission. Motion Carried: 6 ayes, 0 nays, 1 abstention (Commission Stevenson abstained since he was the nominee) S • Mounds View Planning Commission February 5, 1997 Regular Meeting Page 6 10. Planning Commission Bylaws Director Sheldon recommended some minor changes to the Bylaws. She noted a couple of references to Code Chapters that no longer exist and mentioned that Attorney Bob Long suggested that a section be added regarding ex parte contacts. She explained ex parte contacts occur when Commissioners are approached outside of a meeting regarding business that will be coming before the Commission and that Commissioners need to declare that contact has been made and the general nature of the conversation when the item is being heard. This would include any letters or phone calls received or face-to-face conversation with Commissioners. The Planning Commission also decided to add that, in addition to the Chair or Vice- Chair, Staff can cancel meetings due to lack of items or quorum. It was also decided to add the procedures for Election of Officers to the Bylaws. The Planning Commission indicated that only changes or corrections to the minutes that relate to the intent or meaning of a statement should be noted in the • minutes, rather than including all grammatical and typographical corrections. 11. Staff Report a. Marketing study on Highway 10, Area 9: Director Sheldon indicated that a copy of the marketing study by Towle Real Estates was included in the Commission packet. She also informed the Planning Commission that a design workshop would be held from 9-noon on Saturday, February 8 at the Western Bank. The Commission briefly discussed the study. Chair Peterson referred to the property located at 2865 Highway 10 and noted that the property is currently zoned R-0 and suggested that this business should have been listed in the marketing report as one of the identified land uses. b. Planning Commissioners Journal: Director Sheldon indicated a copy of the journal was included in the packet. c. Ordinance Amendments: Director Sheldon asked the Planning Commission about their priorities for revising the City Code. It was decided that the parking section would be revised first followed by the sign code. It was suggested by the Planning Commission that perhaps the sign code could be updated in sections. Chair Peterson added that the definitions listed in the Zoning Code are from the 1960's and need to be updated. He also • reminded Staff and the Commission that the Comprehensive Plan needs to be updated. Director Sheldon indicated that she would check with Mounds View Planning Commission February 5, 1997 Regular Meeting Page 7 Metropolitan Council as to the status of the Comp Plan update that was submitted to them last year. Director Sheldon indicated that she would present a draft list of what the Commission would like to accomplish in 1997 at their next discussion meeting. Commissioner Johnston inquired about whether the City was tracking the legislation regarding use of public right-of-way for telecommunication lines. 12. Chairperson and Planning Commissioners Reports Members present at the January 15, 1997, meeting included Commissioners Stevenson, Obert, Miller, Brooks, Brasaemle and Chair Peterson. Commissioner Johnston had an excused absence. Also present at the meeting were Community Development Director Sheldon, Planning Associate Ericson and Council Liaison Koopmeiners. • 13. Adjournment There being no further business before the Planning Commission, Chair Peterson adjourned the meeting at 8:44 p.m. Respectfully submitted, 1 I , Pamela Sheldon Community Development Director • RESOLUTION NO. 492-97 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING TO CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY LINDER'S GREENHOUSES, MOUNDS VIEW SQUARE, PLANNING CASE NO. 470-96 WHEREAS, Peter Linder, representing Linder's Greenhouses, has applied for a conditional use permit to conduct open and outdoor sales at Mounds View Square Shopping Center; property zoned B-4, legally described as follows: That Part Lying Northeasterly of the Centerline of State Trunk Highway 10 of NE 1/ of NE 1/ (Subject to Roads and Highways) in Section 7, Township 30, Range 23 WHEREAS, the Mound View Zoning Code allows open and outdoor sales in the B-4 Regional Business District with the approval of a conditional use permit; and WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a) Planning Application b) Zoning Map c) Site Plan dated December 12, 1996 d) Greenhouse Design e) Interior Specifications f) Letter from Applicant g) Letter from Property Owner WHEREAS, The Mounds View Planning Commission makes the following findings that the criteria for approval in Section 1115.04, Subd. 2 have been met: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 2,200 square feet in the parking lot, which is 2.2% of the building square footage on the site. This criterion has been met. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103.08(1) through(5) of this Title. • The parking lot fronting Highway 10 does not abut any residential properties. The nearest • Planning Commission Resolution 492-97 February 5, 1997 Page 3 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 5th day of February, 1997. Pet-- Jerry Pete on, hairperson Attest: Pamela Sheldon, Community Development Director (Seal) • NADATA\USE M1SH!RE\470-9 ERPC.REs • • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO.493-97 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDMENT OF CHAPTERS 606,607 AND 1005 OF THE MOUNDS VIEW MUNICIPAL CODE RELATED TO THE REQUIREMENT TO MOW TALL GRASSES AND CREATING AN EXEMPTION FOR WETLAND AND NATIVE VEGETATION WHEREAS,the purpose of the Weed Code is to prevent the growth, germination and spread of noxious weeds within the City; and WHEREAS,the purpose of the Nuisance Code is to protect the health, safety, comfort and repose of the residents of the City; and WHEREAS, the existing requirement for mowing noxious weeds and tall grasses as stated in the Municipal Code does not allow any exceptions; and WHEREAS,there are a number of locations within the City where tall grasses grow as wetland and native vegetation; and i WHEREAS,the City recognizes that certain undisturbed or natural areas are an aesthetic and ecological benefit to the environment; and NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of Ordinance 594, an ordinance relating to exemptions from the noxious weed/tall grass provisions and amending Chapters 606, 607 and 1005. 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 5th day Of February, 1997. Jerry Peterson, Chairperson ATTEST: PkirlililiGk Pamela Sheldon, Community Development Director (Seal) • N:\DATA\USERSUIME\SHARE\SP-01297\GRASS-PC.RES • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO.522-97 (Adopted as Resolution No.494-97; Duplicate#) CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE NO.596 AMENDING SECTION 1106.02, SUBD. 2 AND 3 OF TkI1 MOUNDS VIEW ZONING CODE TO ALLOW EIGHT CHILDREN IN FOSTER FAMILY HOMES, GROUP HOMES AND GROUP FOSTER HOMES; PLANNING CASE NO. SP-014-97 WHEREAS,the Mounds View Zoning Code was amended on July 15, 1996 by Ordinance No. 575 to allow eight children in foster family homes; and, WHEREAS,the intent of the amendment was to allow group homes and group foster homes operated under the Minnesota Rules applicable to the Department of Corrections, as well as foster family homes operated under the Minnesota Rules applicable to the Department of Human Services to have eight children; and, WHEREAS,the way in which the amendment was written is unclear as to whether it allows group homes and group foster homes to have eight children; and, WHEREAS, providing for this type of care in a residential setting for up to six children has been established as an allowed use in residential zoning districts by Minnesota State Law; and, WHEREAS,the number of children may be increased to eight by adoption of a local ordinance authorizing the two additional children; and, WHEREAS, it is a benefit to children and to the community at large to provide for this type of care in a residential setting. NOW,THEREFORE,BE IT RESOLVED,that the Mounds View Planning Commission does hereby recommend that the Mounds View City Council adopt Ordinance No. 596 amending Section 1106.02 of the Mounds View Zoning Code which relates to numbers of children permitted in residential care facilities. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of February, 1997. Jerry Pet on, hairperson ATTEST: r/ nAJ�� LG�_ Pamela Sheldon, Community Development Director (SEAL) N:\DATA\GROUPS\COMDEV\SPECPRO7\SP014.9TFOSTHOME.RES • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO.523-97 (Adopted as Resolution No.495-97; Duplicate#) CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE NO.595 ADDING DAY CARE CENTERS AND GROUP NURSERIES AS A CONDITIONAL USE IN THE B-1,B-2, B-3,B-4 and I-1 ZONING DISTRICTS; PLANNING CASE NO.SP-013-97. WHEREAS,the Mounds View Zoning Code allows for day care centers and group nurseries as a conditional use in the residential districts; and, WHEREAS, day care centers and group nurseries are often larger sized facilities which some characteristics of businesses; and, WHEREAS,it is desirable to encourage the provision of daytime care of children in both residential areas and business areas of Mounds View; and, WHEREAS,allowing for day care centers and group nurseries in business districts will allow itcompanies to include on-site child care facilities at their business sites,if they so desire; and, WHEREAS,the criteria established to govern the issuance of conditional use permits for day care centers and group nurseries will insure that impacts and compatibility with adjacent uses are addressed. NOW,THEREFORE,BE IT RESOLVED,that the Mounds View Planning Commission does hereby recommend that the Mounds View City Council adopt Ordinance No. 495 adding day care centers and group nurseries as a conditional use in the B-1,B-2,B-3,B-4, and I-1 zoning districts. BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of February, 1997. Jerry P rso Chairperson ATTEST: OLA0A,‘PlikkLiLe— , • Pamela Sheldon, Community Development Director • (SEAL) N:\DATA\GROUPS\COMDEV\SPECPROASP013.97\DAYCARE.RES