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12-17-1997
PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting December 17, 1997 Mounds View City Hall 2410 Highway 10, Mounds View, MN 55112 1. Call To Order The meeting was called to order by Chairperson Peterson at 7:00 p.m., December 17, 1997. 2. Roll Call Members present: Chairperson Peterson, Commissioners Brasaemle, Brooks, Johnston, Miller, and Stevenson. Members absent: Commissioner Obert and Council Liaison Koopmeiners. • Also present: Community Development Director Jopke, Planning Associate Ericson, and Kathy Hix sitting in for Recorder Dave Hix. 3. Citizen Requests and Comments on Items Not on the Agenda There were no citizen requests or comments on items Not on the agenda. Index to Minutes Page Planning Case No. 509-97, 2560 Highway 10 (Silver View Plaza). 2 Request to have the Planning Commission, acting as the Board of Adjustments and Appeals, interpret the Zoning Code in reference to a proposed Tobacco Shop in Silver View Plaza. S • Mounds View Planning Commission December 17, 1997 Special Meeting Page 2 4. Planning Case No. 509-97 2560 Highway 10 (Silver View Plaza) Applicant: Mahmoud Abughweili Request to have the Planning Commission, acting as the Board of Adjustments and Appeals, interpret the Zoning Code in reference to a proposed Tobacco Shop in Silver View Plaza. The applicant, Mahmoud Abughweili, was not present. Associate Ericson gave his presentation as follows: Mr. Abughweili has requested permission to open a tobacco shop in Silver View Plaza, which is zoned B-2, Limited Business District. Since "tobacco shop" is not listed as one of the permitted uses in this district, staff is seeking guidance from the Planning Commission on a code interpretation whether or not such a use should be allowed. Some of the permitted uses were listed as follows: • 1. drugstores 2. convenience style grocery stores 3. video stores 4. retail outlets serving the immediate area neighbor- hood business needs. Of the approved uses, some of the businesses are allowed to sell tobacco products. The applicant's store will sell nothing but tobacco products. Associate Ericson stated that it is staffs recommendation that the Planning Commission, acting as the Board of Adjustments and Appeals, find that a limited retail use offering to the public tobacco products shall be considered a drug store for the purpose of interpreting the Zoning Code, until such time that the Zoning Code is updated and a specific reference to tobacco shops is added. Director Jopke added that this type of use is also similar to the other permitted uses in terms of impact. Because of these similarities this use should be allowed in this Business District. Commissioner Stevenson suggested that the language referring to the request read "similar usage" and not "drug store" as had been suggested in earlier discussion. • • Mounds View Planning Commission December 17, 1997 Special Meeting Page 3 Commissioner Johnston suggested that no specific reference to business type be made other that limited use in the B-2 criteria. Commissioner Brooks stated that she was in favor of not permitting the business to operate because of the impact that this type of business might have on children in the community and the fact that people are not smoking as much as they used to. Commissioner Brasaemle argued that the precedent had already been established for selling tobacco in the business district and that there is no good reason for denying this request. Commissioner Johnston stated that the applicant has already put up signs in the store front advertising the coming tobacco store. Associate Ericson told the Commission that a vote was not necessary on the request. Chairperson Peterson suggested that a motion be made on the request. • Motion/Second: Brasaemle/Brooks to approve the Code interpretation as made by the Planning Commission, acting as the Board of Adjustments and Appeals, on Planning Case No. 509-97, 2560 Highway 10 (Silver View Plaza), request for permission to operate a tobacco shop as a permitted use in the B-2, Limited Business District, as per discussion. Ayes - 6 Nays - 0 Motion carried. 1 . Director Jopke told the Commissioners that meeting timeline submissions for Planning Commission meeting dates for 1998 needed to be set. A resolution outlining the dates was furnished to the Commission for their consideration. Motion/Second: Brasaemle/Miller to recommend approval of Resolution 533-97 as presented to the Commission. Ayes - 6 Nays - 0 Motion carried. • Highway 10 Corridor Design Theme (verbal report) • Mounds View Planning Commission December 17, 1997 Special Meeting Page 4 Director Jopke addressed the Commission as follows: The City has selected the firm of Hoisington Koegler Group as the consultant to help Mounds View in the Highway 10 Corridor Design process. A scope of services was passed out to each Commissioner. Workshops and focus groups have been scheduled to help this design process. Commissioners Brooks and Miller have volunteered their time and efforts to assist in the design process. Chairperson Peterson asked if the Highway 10 Corridor Design was going to tie into the ring road. Director Jopke stated that the focus is a design theme for Highway 10. There is a three month time frame for the design theme with another three months planned to develop an actual design guide. The ring road is going to be included as part of this design process. Director Jopke announced the resignation of Cathy Bennett. Comprehensive Plan Update • Director Jopke addressed the Commissioners as follows: A new work plan schedule was noted. The Comprehensive Update documents have to be submitted to the Met Council by the end of 1998, and a draft has to be ready by the end of June 1998, in order to give surrounding communities a chance to react to the changes that are being made. Chairperson Peterson asked if the funds that are being paid to the consultants have been budgeted for. Director Jopke stated that there is approximately $10,000 from the 1997 budget and an additional $8-10,000 in the 1998 budget for consultants involved in the Comprehensive Plan Update. Commissioner Johnston asked how TIF funds were going to be used in the Fair Transportation Plan: Are the funds used throughout the whole City or just in specific areas. Director Jopke stated that the whole City is eligible for the TIF funds. • Neighborhood Meeting Mounds View Planning Commission December 17, 1997 Special Meeting Page 5 Director Jopke addressed the Commission as follows: A meeting was held December 16, 1997, with the Townhome Association from Silver Lake Woods. The Association has expressed concerns about the ring road, theater project and the extra traffic that these developments might bring to their neighborhood. The Association stated that all of the concessions made so far have been directed to the people south of County Road H-2. The Association is proposing that the connection to Long Lake Road should not be there, and in fact, access should be opened up to County Road H-2. SRF was asked to review the traffic flow issue and make recommendations as to any alternative ideas. The Townhome Association has offered a "steering group" to work with the City staff on the development. 6. Chairperson and Planning Commissioners' Reports There were no Chairperson or Planning Commissioners' reports. • 7. Adjournment to Agenda Session There being no further business before the Special Meeting of the Planning Commission, Chairperson Peterson adjourned the meeting at 7:59 p.m. (The agenda session was held immediately following the adjournment of the Special session.) Respectfully submitted, QA.41 Rick Jopke Community Development Director • CITY OF MOUNDS VIEW BOARD OF ADJUSTMENTS & APPEALS CODE INTERPRETATION Subject: Tobacco Shops in B-2, Limited Business Districts Code Reference: Section 1113.02, Subd. 2 Date: December 17, 1997 On December 17, 1997, the Planning Commission acting as the Board of Adjustment and Appeals determined that tobacco shops are considered an allowed use in the B-2, Limited Business District. A retail business that offers tobacco products to the public is consistent with Section 1113.02, Subd. 2 of the Municipal Code regarding permitted uses in a Limited Business District. Jerry Pet s Chairman Board of Adjustments and Appeals ATTEST: pc, Rick Jopke, Co unity Development Director RE: Planning Case No. 509-97 N:\DATA\GROUPS\COMDEV\DEVCASES\509-97\TOBACCO.DET • MOUNDS VIEW PLANNING COMMISSION RESOLUTION•NO. 533-97 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING MEETING AND TIMELINE SUBMISSION DAt'hS FOR 1998 WHEREAS, the Mounds View Planning Commission will be holding two business meetings per month during 1998 with the exception of Special Meetings;the first being a regular meeting and the second an agenda session; and WHEREAS,the Planning Commission has requested to review regular business meeting agenda items at their agenda session, a minimum of two weeks prior to the regular business meeting; and WHEREAS, developers, citizens or other interested parties should be advised of deadlines for materials used by staff to prepare a report and used by the Planning Commissioners to decide on a particular development issue; and WHEREAS, a display of meeting dates and submission deadline dates be iestablished to provide an orderly system for use by the Planning Commission, staff and general public; NOW, THEREFORE,BE IT RESOLVED that the Planning Commission of the City of Mounds View establishes meeting and submission timetable dates setting deadlines for submission of materials for agenda sessions of the Planning Commission and also setting the dates of the regular business meetings and agenda sessions; BE IT FURTHER RESOLVED that Exhibit 1, attached hereto, becomes an integral part of this resolution; BE IT FINALLY RESOLVED that if the Planning Commission is required to or desires to hold special meetings,they will do so in accordance with State law, Code requirements and the Bylaws. 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