HomeMy WebLinkAbout03-16-2016
PLANNING COMMISSION
REGULAR MEETING AGENDA
March 16, 2016 -- 7:00 P.M.
1. Call to Order
2. Roll Call
3. Special Order of Business (none)
4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not
Already on the Agenda. (Before speaking, give your full name and address for the record.)
5. Planning Cases
A. Planning Case: CU2016-001 Conditional Use Permit
Applicant: Garden City, LLC
Owners: Moundsview Square Associates, LLC.
Address: 2523 Co Rd 10
B. Planning Case: IU2016-001 Interim Use Permit
Applicant: Anderson Companies, LLP
Owners: Anderson Companies, LLP
Address: 2200 Co Rd 10
6. Other Planning Activity
A. Consideration of Res 1042-16, a Resolution updating the Planning & Zoning Commission
Bylaws.
7. Reports
A. Upcoming Planning Cases & Activity
B. Staff Updates
• Workshop: New Resources for Comprehensive Plans
Monday, March 28th 6:00 PM – 8:30 PM
Ramsey County Public Works Center, 1425 Paul Kirkwold Dr. Arden Hills
C. Council Updates
D. Planning Commissioner Reports
8. Approval of Minutes: February 17, 2016
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9. Next Planning Commission Meetings:
A. Wednesday, April 6, 2016
B. Wednesday, April 20, 2016
10. Meeting Conclusion
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Item No: ___5A
Meeting Date: March 16, 2016
Type of Business: Planning Case CU2016-001
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: Jon Sevald, Planner
Item Title/Subject: Resolution 1045-16, Consideration of a Conditional
Use Permit at 2523 Co Rd 10; Planning Case
CU2016-001
Introduction
The applicant, Camillo Ogando (Garden City LLC), has requested a Conditional Use
Permit (CUP) for a temporary garden center in the parking lot of the Mounds View
Square shopping center. The seasonal garden center operation would be similar to
what has been conducted at this location in previous years.
Discussion
In 1996, a CUP was approved for a temporary garden center on this property for
Linder’s Greenhouses (Res. No. 4894), and again in 1999 (Res. No. 5314). The 1999
CUP was to have no expiration date as long as the applicant complied with permit
conditions, and submitted an annual plan to the City for administrative review. This
permit was in compliance annually until the use was discontinued after the 2014
season. Because the CUP was discontinued for a period of one or more years, the
1999 CUP becomes null and void (Zoning Code 1125.01, Subd 3(f). Any new use must
comply with current zoning requirements.
The garden center is proposed to be located in the center parking lot as it has in
previous years. Utilities (water & electricity) will be provided by the shopping center.
Retail sales will include annuals, perennials, and hanging baskets. The operation will
be set up on or after April 1st, and will be dismantled by mid-August. Operating hours
will be 7:00 AM – 8:00 PM, seven days per week and will employ between two and four
persons. The garden center will be located within a 36’ X 154’ area, and enclosed by a
4’ fence. The temporary greenhouse is 21’ X 84’ (see the Applicant’s Narrative).
Analysis
Zoning Code 1115.04, Subd 2. Outdoor sales as an accessory use
“Open or outdoor service, sale and rental as an accessory use… …for a period greater
than ten (10) days” is permitted as a Conditional Use within the B-4 district with the
following requirements:
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a. Outside 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 gross floor area of the principal use (shopping center) is 105,378 sq ft. The
temporary garden center will include an area of 5,544 sq ft (5% of the gross floor
area of the principal use).
b. Outside sales areas are fenced or screened from view of neighboring residential
uses or an abutting residential district in compliance with subdivision 1103.08(1)
through (5).
The garden center will be enclosed by a temporary 4’ split rail fence, and is not
abutting a residential area. The fence will be in compliance with the Zoning Code.
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 Section 1103.09
No exterior lighting is proposed.
d. Sales area is grassed or surfaced to control dust.
The sales area will be on the asphalt parking lot.
e. The provisions of subdivision 1125.01, Subd 1(e) [Adverse Effects] of this
[ordinance] are considered satisfactorily met.
(1) Relationship to Municipal Comprehensive Plan.
The Comprehensive Plan guides this parcel as Community Commercial.
(2) The geographical area involved.
The sales area will be located within the shopping center’s parking lot, in a
commercial area.
(3) Whether such use will tend to or actually depreciate the area in which it is
proposed.
The temporary garden center is anticipated to have no effect on property values,
nor depreciate the area.
(4) The character of the surrounding area.
The area is dominated by commercial-retail businesses. The proposed
temporary garden center is consistent with this use.
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(5) The demonstrated need for such use.
A similar temporary garden center operated at this location from 1996 through
2014, and therefore demonstrates a need for such use.
Zoning Code 1125.01, Subd 1(g). Findings of Fact
1. The Planning and Zoning Commission shall make a finding of fact and recommend
such actions or conditions relating to the request as it deems necessary to carry out
the intent and purpose of this Title. Such recommendation shall be in writing and
accompanied by the report and recommendation of the City Staff.
Recommended findings of fact are included in the attached Planning Commission
Resolution 1045-16.
Zoning Code 1125.01, Subd 1(i). Public Hearing
Upon receiving the report and recommendation of the Planning and Zoning
Commission and the City staff, the City Council shall hold a public hearing in
compliance with Minn. Stat. §462.357, Subd 3 and shall make a recorded finding of
fact and shall impose any conditions it considers necessary to protect the public
health, safety and welfare.
A Public Hearing will be held by the City Council on March 28, 2016, as required by
ordinance. Notification was published in the Sun Focus on March 11, 2016, and will
be mailed to property owners within 350’ of the property.
Zoning Code 1125.01, Subd 3(b). Criteria for Granting Conditional Use Permits
In granting a conditional use permit, the City Council shall consider the advice and
recommendations of the Planning and Zoning Commission and the effect of the
proposed use on the Comprehensive Plan and upon the health, safety and general
welfare of occupants of surrounding lands. Among other things, the City Council
shall make the following findings where applicable:
(1) The use will not create an excessive burden on existing parks, schools, streets
and other public facilities and utilities which serve or are proposed to serve the
area.
The proposed temporary garden center will not create an excessive burden on
existing public facilities and services.
(2) The use will be sufficiently compatible or separated by distance or screening
from adjacent residentially zoned or used land so that existing homes will not be
depreciated in value and there will be no deterrence to development of vacant
land.
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The proposed temporary garden center is located over 500’ from the nearest
residential use, and is predominately screened from residences by the shopping
center building.
(3) The structure and site shall have an appearance that will not have an adverse
effect upon adjacent residential properties.
The proposed temporary garden center is consistent with the previously
permitted temporary garden center which operated at this location for 18 years
(1996 – 2014), and will not have an adverse effect upon adjacent residential
properties.
(4) The use, in the opinion of the City Council, is reasonably related to the overall
needs of the City and to the existing land use.
The proposed temporary garden center will serve a need of the community.
(5) The use is consistent with the purposes of the Zoning Code and the purposes of
the zoning district in which the applicant intends to locate the proposed use.
The proposed temporary garden center will be consistent with the Zoning Code
and the B-4 district.
(6) The use is not in conflict with the Comprehensive Plan of the City.
The proposed temporary garden center is not in conflict with the Comprehensive
Plan.
(7) The use will not cause traffic hazards or congestion.
The proposed temporary garden center is not anticipated to cause traffic hazards
or congestion. The use will generate minimal traffic (applicant estimates 5-10
customers at one time), and is located in an area of the parking lot which should
not interfere with internal traffic patterns.
(8) Adequate utilities, access roads, drainage and necessary facilities have been or
will be provided.
Existing utilities are sufficient to serve the proposed use.
Zoning Code 1125.01, Subd 3(c). Additional Conditions
In permitting a new conditional use or the alteration of an existing conditional use,
the City Council may impose, in addition to these standards and requirements
expressly specified by this Title, additional conditions which the City Council
considers necessary to protect the best interest of the surrounding area or the
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community as a whole. These conditions may include, but are not limited to, the
following:
(1) Increasing the required lot size or yard dimension.
(2) Limiting the height, size or location of buildings.
(3) Controlling the location and number of vehicle access points.
(4) Increasing the street width.
(5) Increasing the number of required off-street parking spaces.
(6) Limiting the number, size, location or lighting of signs.
(7) Requiring diking, fencing, screening, landscaping or other facilities to protect
adjacent and nearby property.
(8) Designating sites for open space.
It is Staff’s opinion that the proposed use will not require any conditions beyond the
standards within the Ordinance.
Summary
The applicant, Garden City, LLC, has requested a CUP for Open or Outdoor Sales as
an Accessory Use to operate a temporary garden center in the parking lot of the
Mounds View Square shopping center. The garden center will operate annually, April –
August. A similar use operated from this location, 1996 – 2014.
Recommendation
Staff recommends approval of the Conditional Use Permit contingent upon complying
with the conditions in Resolution 1045-16.
The Planning Commission is requested to consider the following options:
1. Resolution 1045-16, approving the Conditional Use Permit is attached if the Commission
chooses this action.
2. The Planning Commission may choose to deny the Conditional Use Permit. If the
Commission chooses this option, Staff would need to be directed to draft a resolution of
denial with findings of fact appropriate to support the denial.
3. Table the request. If additional information is needed before a decision can be rendered or
if more discussion is needed, the Commission can simply move to table the request until
such information has been provided. Because of the 60-day requirements (Deadline: April
18, 2016), the Commission would need to act upon the request as soon as reasonably
possible to avoid an inadvertent approval.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
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Attachments
1. Applicant’s Narrative
2. Zoning Map
3. Aerial Map
4. Site Photos
6. Resolution 1045-16
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Zoning Map
2523 Co Rd 10 (Mounds View Square) is zoned B-4, Regional Business (Note: all areas not designated
on map is zoned R-1, Single-Family Residential).
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Aerial Map
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Site Photos
View of proposed site, looking NW along Co Rd 10. Garden center will be between lawn and monument
sign. Photo taken Feb 24, 2016 by J.Sevald.
View of proposed site (between monument sign and snow piles), looking South at Co Rd 10. Photo taken
Feb 24, 2016 by J.Sevald.
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 1045-16
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT
FOR A TEMPORARY GARDEN CENTER LOCATED AT 2523 COUNTY ROAD 10
(MOUNDS VIEW SQUARE SHOPPING CENTER);
PLANNING CASE NO. CU2016-001
WHEREAS, Garden City, LLC, represented by Camillo Reyes Ogando, has
applied for a Conditional Use Permit for the “temporary garden center” at the Mounds
View Square Shopping Center, located at 2523 County Road 10; and,
WHEREAS, the applicant, Garden City, LLC, is a tenant of Moundsview Square
Associates, LLC, the property owner; and,
WHEREAS, the subject property is zoned B-4, Regional Business, and has a
Comprehensive Plan future Land Use Map designation of Community Commercial; and,
WHEREAS, the Mounds View Zoning Code allows outdoor sales as an
accessory use for a period greater than ten days (e.g. temporary garden center) in the
B-4 district by Conditional Use Permit; and,
WHEREAS, the Mounds View Staff and the Planning Commission have reviewed
the zoning requirements associated with the temporary garden center in the B-4 district
and find that all conditions are satisfied by this request.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning
Commission makes the following findings of fact about the Conditional Use Permit
request:
1. The request is consistent with the Mounds View Comprehensive Plan.
2. The request is consistent with the Mounds View Zoning Code.
3. The Planning Commission has considered possible adverse effects of the
proposed use, and has judged them to be minimal.
4. The applicant has sufficiently demonstrated that a need exists for the
temporary garden center.
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Resolution 1045-16
Page 2 of 3
5. The site has adequate parking area available to meet the demands of the
temporary garden center.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View
Planning Commission recommends approval of the Conditional Use Permit for a
temporary garden center at the Mounds View Square Shopping Center, located at 2523
County Road 10, with conditions as follows:
1. The temporary garden center shall not be erected for more than 6-months per
calendar year (April 1 – September 30).
2. Days and hours of operation shall be limited to seven days per week, 7:00 AM –
8:00 PM.
3. The location of the temporary garden center shall be limited to the 36’ X 154’
area of the parking lot as indicated on the applicant’s narrative, date stamped
February 18, 2016 (generally, on the parking lot between Co Rd 10 and the
monument sign).
4. The temporary garden center shall meet all provisions of the Fire Code, and the
applicant shall apply for and receive annual fire permits issued by the Fire
Marshal, and receive a satisfactory inspection after the temporary greenhouse is
assembled each year.
5. The temporary greenhouse structure must meet the building code. The structure
and the site shall be maintained in good condition, and refuse shall be properly
contained and disposed of regularly. The owner or operator shall correct
deficiencies as soon as practicable.
6. All signage shall comply with Chapter 1008; Signs and Billboards. Sign permits
are required.
7. The City may review the Conditional Use Permit at any time if problems arise that
would necessitate revision or termination of the permit.
8. The Conditional Use Permit will become null and void if the property owner fails
to meet the provisions of the permit, if the structure is removed for more than a
one-year period, or if the property undergoes a change of ownership.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution to the City Council before approval of the minutes.
Adopted this 16th day of March, 2016.
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Resolution 1045-16
Page 3 of 3
_____________________________________
Gary Stevenson, Chairperson
ATTEST:
____________________________________
James Ericson,
City Administrator
(SEAL)
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Item No: ___5B
Meeting Date: March 16, 2016
Type of Business: Planning Case IU2016-001
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: Jon Sevald, Planner
Item Title/Subject: Resolution 1046-16, Consideration of an Interim Use
Permit at 2200 Co Rd 10; Planning Case IU2016-001
Introduction
In 2004, The Mermaid Entertainment & Event Center installed a 40’ X 105’ tent structure,
located on a patio between the hotel and bowling alley. The tent is used seasonally as a
banquette hall. The structure is permanent while the tent fabric is put up in the spring and taken
down in the fall. An Interim Use Permit (IUP) was issued for the tent in 2005, 2010, and 2011.
Each IUP expired after five years, or if ownership changed, such was the case in 2011. The
applicant, Michael Anderson (Anderson Companies, LLP) is now applying for a similar IUP to
continue the use of the tent.
Discussion
The property is located at 2200 Co Rd 10 (west intersection of Co Rd 10 & Co Rd H).
Surrounding uses include office-warehouse to the north (Fastenal, Mounds View Chiropractic,
Scout Shop, Abbey Carpet), Rice Creek to the south, and manufacturing and office-warehouse
to the west (Pettibone, Mounds View Business Park).
The nearest residential area is the Towns Edge Mobile Home Park, about 600’ to the south.
The wooded area along Rice Creek serves as a buffer between the homes and The Mermaid
complex.
The Comprehensive Plan guides this property as “Regional Commercial”. The property is
zoned Planned Unit Development (PUD). Use of the tent is considered an Interim Use as a
“Temporary Tent and/or Membrane Structure.” The process of reviewing IUP’s is the same as
CUP’s. The Planning Commission may consider if a similar 5-year or longer permit is
warranted. The conditions included within the resolution are the same as in previous years (e.g.
5-year expiration).
Analysis
Below are listed applicable sections of the Zoning Code, and an analysis of how the application
complies with these requirements.
Zoning Code 1112.055, Subd 1 Temporary Tents and/or Membrane Structures
a. The tent or membrane structure shall comply with all provisions of the Fire Code and receive
an annual fire permit issued by the Fire Marshal.
An annual Fire Permit and inspection is required as a condition of the IUP.
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b. The property owner shall annually apply for a Zoning Permit, the duration of which cannot
exceed 180 days.
A condition of the resolution limits the use of the tent to no more than 180 days. The annual
Fire Permit will include the dates that the tent is in use, and therefore an annual Zoning
Permit is not necessary in this case because it would be duplicative of the Fire Permit.
c. Adequate parking to accommodate the occupancy shall be provided at a ratio of one (1)
parking space per forty (40) square feet of tent area. (The City Council may waive the
parking requirement if it can be shown that the site has sufficient existing parking capacity.)
The tent is 4,200 sq ft in size, requiring 105 parking spaces. Staff estimates that existing
parking includes 393 spaces in front of The Mermaid (749 parking spaces combined for The
Mermaid and AmericInn).
d. The structure may not be located in or on a parking lot displacing parking stalls, unless it
can be shown that an adequate amount of parking remains.
The tent structure is located on a patio, and does not displace parking.
e. The tent or membrane structure shall be subject to same building setbacks as the principal
building on the lot. No tent or membrane structure shall be allowed instead of or without a
principal building.
The tent is setback about 190’ from the ROW, and is almost aligned with the front façade of
the hotel.
f. The tent or membrane structure shall be limited in size to five thousand (5,000) square feet
or ten percent (10%) of the principal buildings’ square footage, whichever is less.
The tent measures 40’ X 105’ (4,200 sq ft). Finished sq ft area of the building is 56,280 sq ft
(excludes hotel). The tent is 7% of the area of the principal building.
g. The membrane or cover shall be constructed of a durable reinforced material to withstand
wind and snowloads.
The tent membrane is supported by a permanent structure.
h. The structure shall be anchored to the ground. (Added, Ord. 735, 5-10-04)
The structure is permanently anchored to the ground.
i. The tent or membrane structure shall be maintained in a good condition. Deficiencies shall
be corrected as soon as practicable.
j. The IUP can be reviewed at any time by the City if problems arise which would necessitate
revision or termination of the IUP.
k. The IUP would become null and void if the property owner fails to comply with the provisions
of the permit or if the structure is removed for more than a one (1) year period, or if the
property undergoes a change of ownership.
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l. Exceptions:
(1) Tents or Membrane structures erected for periods that do not exceed one (1) week shall
not require an interim use permit, however a zoning permit and fire permit are required
regardless of the time frame.
(2) To eliminate duplication of review, when a use (e.g., outdoor sales or storage) would
otherwise require a conditional use permit, an interim use permit shall not be required if
a tent or membrane structure is involved and is addressed as part of the CUP.
Zoning Code 1125.01, Subd 3(b) Criteria for granting Conditional Use Permits
b. Criteria for Granting Conditional Use Permits:
(1) The use will not create an excessive burden on existing parks, schools, streets and other
public facilities and utilities which serve or are proposed to serve the area.
Staff is not aware of any burden onto public facilities, associated with use of the tent.
(2) The use will be sufficiently compatible or separated by distance or screening from
adjacent residentially zoned or used land so that existing homes will not be depreciated
in value and there will be no deterrence to development of vacant land.
The nearest residential area is the Towns Edge Terrance mobile home park , about 600’
to the south, and is screened from The Mermaid by a wooded area along Rice Creek.
(3) The structure and site shall have an appearance that will not have an adverse effect
upon adjacent residential properties.
The tent is not viewable from residential properties.
(4) The use, in the opinion of the City Council, is reasonably related to the overall needs of
the City and to the existing land use.
The tent has been in use since 2004, and serves a need as a banquette facility.
(5) The use is consistent with the purposes of the Zoning Code and the purposes of the
zoning district in which the applicant intends to locate the proposed use.
The property is zoned Planned Unit Development (PUD), and intended for varying types
of land uses.
(6) The use is not in conflict with the Comprehensive Plan of the City.
The Comprehensive Plan guides this property for Regional Commercial.
(7) The use will not cause traffic hazards or congestion.
The continued use of the tent should not increase current traffic congestion.
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(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be
provided.
The continued use of the tent should not impact existing site conditions.
Public Hearing
A Public Hearing will be held by the City Council on March 28, 2016, as required by ordinance.
Notification was published in the Sun Focus on March 11, 2016, and will be mailed to property
owners within 350’ of the property.
Summary
The applicant, Anderson Companies, LLP (dba The Mermaid) has requested an Interim Use
Permit (IUP) to continue use of the 40’ X 105’ tent for banquettes. The tent includes a
permanent structure with a fabric membrane that is installed seasonally. The tent will be used
no more than 6 months out of the year, and has been in use since 2004. The City previously
approved IUP’s in 2005, 2010, and 2011, each expiring after five years or if ownership changed.
Recommendation
Staff recommends approval of the IUP conditioned upon required items in the resolution.
The Planning Commission is requested to consider the following options:
1. Resolution 1046-16, approving the Interim Use Permit is attached if the Commission
chooses this action.
2. The Planning Commission may choose to deny the Interim Use Permit. If the Commission
chooses this option, Staff would need to be directed to draft a resolution of denial with
findings of fact appropriate to support the denial.
3. Table the request. If additional information is needed before a decision can be rendered or
if more discussion is needed, the Commission can simply move to table the request until
such information has been provided. Because of 60-day requirements (Deadline: April 23,
2016), the Commission would need to act upon the request as soon as reasonably possible
to avoid an inadvertent approval.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments
1. Applicant’s Narrative
2. Zoning Map
3. Aerial Map
4. Site Plan
5. Site Photos
6. Resolution 1046-16
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The Mermaid Tent
•Established in 2002
•Approximately 4,050 sq. ft.
•Fully climate controlled
•Located in between the Hotel & the Mermaid
•Available from May through October
•Seating at round tables for up to 220 Guests
•High ceiling is draped with white chiffon and soft lights
•Carpeted floor
•Dance floor
•Full restrooms located across sidewalk off Atlantis Ballroom
The space is ideal for ceremonies and weddings as well as social events.
In 2015 we had 37 ceremonies/receptions and 22 social events.
Applicant's Narrative, Mar 3, 2016
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Zoning Map
Property is zoned PUD (Note: unless otherwise designated, all areas are R-1)
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Aerial Map
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Site Plan
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Site Photos
View of tent structure, taken Mar 3, 2016 by J.Sevald
View of front of The Mermaid, taken Mar 3, 2016 by J.Sevald
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 1046-16
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR
A TEMPORARY TENT AND/OR MEMBRANE STRUCTURE, LOCATED AT 2200
COUNTY ROAD 10 (THE MERMAID ENTERTAINMENT & EVENT CENTER);
PLANNING CASE NO. IU2016-001
WHEREAS, Anderson Companies, LLP, represented by Michael Anderson, has
applied for an Interim Use Permit for a temporary tent and/or membrane structure at
The Mermaid Entertainment & Event Center, located at 2200 County Road 10; and,
WHEREAS, the subject property is zoned PUD, Planned Unit Development, and
has a Comprehensive Plan future Land Use Map designation of Regional Commercial;
and,
WHEREAS, the Mounds View Zoning Code allows temporary tents and/or
membrane structures in the PUD district by Interim Use Permit; and,
WHEREAS, the Mounds View Staff and the Planning Commission have reviewed
the zoning requirements associated with the temporary tent and/or membrane structure
in the PUD district and finds that all conditions are satisfied by this request.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission makes the following findings of fact about the Interim Use Permit request:
1. The request is consistent with the Mounds View Comprehensive Plan.
2. The request is consistent with the Mounds View Zoning Code.
3. The Planning Commission has considered possible adverse effects of the
proposed use, and has judged them to be minimal.
4. The applicant has sufficiently demonstrated that a need exists for the
temporary tent and/or membrane structure.
5. The site has adequate parking area available to meet the demands of the
temporary tent and/or membrane structure.
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Resolution 1046-16
Page 2 of 2
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View
Planning Commission recommends approval of the Interim Use Permit for a temporary
tent and/or membrane structure at 2200 County Road 10 (The Mermaid Entertainment
& Event Center), with conditions as follows:
1. The tent and/or membrane structure shall meet all provisions of the Fire Code
and the applicant shall apply for and receive annual Fire Permits issued by the
Fire Marshal and receive a satisfactory inspection after the tent is assembled
each year.
2. The tent and/or membrane structure must meet the building code and not be
erected for more than 180 days in a calendar year.
3. The tent framework and membrane covering shall be maintained in a good
condition. The owner or operator shall correct deficiencies as soon as practical.
4. The City may review the Interim Use Permit at any time if problems arise that
would necessitate revision or termination of the permit.
5. The Interim Use Permit will become null and void if the property owner fails to
meet the provisions of the permit, if the structure is removed for more than a one-
year period, or if the property undergoes a change of ownership.
6. The Interim Use Permit shall expire five years from the date of City Council
approval of the IUP.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution to the City Council before approval of the minutes.
Adopted this 16th day of March, 2016.
_____________________________________
Gary Stevenson, Chairperson
ATTEST:
____________________________________
James Ericson,
City Administrator
(SEAL)
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Item No: 6A
Meeting Date: March 16, 2016
Type of Business: Other Planning Activity
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: Jon Sevald, Planner
Item Title/Subject: Review the Planning and Zoning Commission Bylaws
Introduction:
The Planning Commission’s Bylaws state that the Commission shall review the Bylaws on
an annual basis, at the first regular meeting in February. The Commissioners reviewed the
Bylaws on February 3rd and February 17th, 2016, and requested additional review regarding
Section 10C, Ex Parte Contacts.
Discussion:
The Planning Commission reviewed suggestions by Staff and the City Attorney, and
made a number of suggestions to amend and simplify Section 10C regarding Ex Parte
Contacts. The overall attempt of this section is to encourage Planning Commissioners
when confronted outside of meetings about an upcoming planning case, to redirect that
person to communicate their opinions at the Planning Commission meeting, or the
Public Hearing, so that all Commissioners may hear what that person has to say.
Staff has made another attempt at simplifying the language while maintaining its legal
purpose. In addition, the Bylaws were amended to reflect current staffing by removing
references to the Community Development Director.
Recommendation:
Review the revised Bylaws for the Planning Commission. If the Commission finds the
proposed changes acceptable, a resolution can be acted upon to effectuate the
changes.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments
Resolution 1042-16
Planning and Zoning Commission Bylaws
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MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 1042-16
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ADOPTING REVISIONS TO THE MOUNDS VIEW
PLANNING AND ZONING COMMISSION BYLAWS
WHEREAS, Section 401.06, Subd. 7 of the Mounds View Municipal Code requires
the Planning and Zoning Commission to adopt bylaws for its governance and for the
transaction of its business, and for annual review of these bylaws; and,
WHEREAS, the Planning and Zoning Commission has conducted a review of the
Bylaws and has determined that a minor revision is needed.
NOW, THEREFORE, BE IT RESOLVED that the Bylaws for the Planning and
Zoning Commission shall be revised as shown in Exhibit A, attached hereto and
incorporated herein by this reference, and that the Bylaws as shown in Exhibit A supersede
previous adopted versions of the Bylaws.
BE IT FURTHER RESOLVED that these revised Bylaws shall be kept on file with
the City Administrator and the Community Development Department, and shall be
forwarded to the City Council for its information.
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 16th day of March, 2016.
Gary Stevenson, Chairperson
Attest:
James Ericson
City Administrator
37
CITY OF MOUNDS VIEW
PLANNING AND ZONING COMMISSION BYLAWS
(Revised January 24, 2007)
I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission
(Bylaws) are established in accordance with the Mounds View Municipal Code
Section 401.06. Subd. 7 “The Commission shall adopt bylaws for its governance and
for the transaction of its business.” Where there is a conflict between the provisions
of the Bylaws and the provisions of the City Charter and the Municipal Code, the
provisions of the City Charter and the Municipal Code shall govern. (For purposes of
simplicity, the Planning and Zoning Commission may hereinafter be referred to as the
Planning Commission or the Commission.)
II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT:
A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by
an affirmative vote of the majority of members of the Planning and Zoning
Commission appointed as voting members, and shall be placed on file with the
City Clerk-Administrator and the Community Development Department. A copy
of the bylaws shall be forwarded to the City Council for its information. Any
amendments to the Bylaws shall be adopted by Resolution in the same manner
as the original Bylaws.
B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first
regular meeting of the Commission in February.
III. MEMBERSHIP AND VACANCIES. Vacancies on the Planning Commission shall be
filled in accordance with the Municipal Code, Sections 401.02 and 401.03.
IV. OFFICERS
A. OFFICERS NAMED: The officers of the Planning Commission shall consist of
a chairperson and vice-chairperson. The Commission may create and fill such
other offices from its members, as it may determine, to transact Commission
business. In addition, the City Administrator, Director of Community
Development, or his or her designee, shall act as the recording secretary for the
Commission for purpose of preparing meeting minutes.
EXHIBIT A
38
B. ELECTIONS; TERMS
1. Chairperson: At the first meeting in January, the Commission shall conduct
an election in order to make its recommendation for the chairperson,
following the procedure in Section IV.B.3. The name of the person
recommended for chairperson shall be forwarded to the City Council for
action at its next meeting in January. Based upon the recommendation of
the Planning Commission, the Mayor, with the approval of the City Council,
shall appoint the chairperson of the Commission each year.
2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson
each year at its first meeting in January, following the procedure in Section
IV.B.3.
3. Election Procedure: For each office, the chairperson shall invite nominations
from Planning Commission members. After nominations have been
received, the chairperson shall entertain a motion to close nominations. If
such motion is made and passed, and more than one nomination has been
made, the chairperson shall distribute ballots to the Commission members
and each member shall write his or her selection on the ballot. The
recording secretary shall tally the ballots and announce the nominee
receiving the most votes. In the event of a tie, the recording secretary shall
announce the nominees tied in the voting and balloting shall be repeated
until an election occurs. If only one nomination has been received, the
chairperson may conduct the voting by voice vote. If a majority of the
members present vote in the affirmative for the nominee, the nominee shall
be elected.
4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume
office at the first meeting in February of each year.
5. Term of Office: The chairperson and vice chairperson shall serve one year
terms, and may be re-elected to additional terms in accordance with this
Section IV.B.
C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the
Planning Commission, and shall have the authority to add or cancel regular
meetings and to call special meetings as provided in Section VI. The Chair
shall have the authority to redirect public comment unrelated to the
Commission’s business to the most appropriate City commission or to the City
Council. The vice chairperson shall assume the duties of the chairperson, in
the absence of the chairperson. In the event of the absence of both the
chairperson and vice-chairperson, those members present shall elect a
temporary chairperson to preside over the meeting.
Page 2
39
V. COUNCIL LIAISON: The City Council may appoint from among its members a
Liaison to the Commission on an annual basis. It is expected that the Council Liaison
will attend the Commission meetings on a regular basis. In the event of the absence
of the Council Liaison at a Commission meeting, a Commission member may be
appointed by the chairperson to represent the Planning Commission at the next
regular City Council meeting or at the meeting where the City Council will be
considering the planning cases acted upon by the Planning Commission in the
absence of the Council Liaison.
VI. MEETINGS
A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the
Commission shall be adopted by Resolution at the first regular meeting in
December for the following year.
1. Regular Meetings: Subject to the adopted meeting schedule, the
Commission’s regular meetings will occur on the first and third Wednesdays
of each month for the purpose of convening public hearings, making
recommendations to the City Council, conducting business which requires a
vote of the Commission, convening as the Board of Adjustment and Appeals,
conducting long-range planning functions and other official business.
2. Agenda Sessions: An Agenda Session is an informal session of the
Planning Commission, typically held immediately following adjournment of a
Regular or Special meeting, at which time the Planning Commission may
review minutes, informally review proposed or pending planning cases or
ordinance amendments, discuss previous actions of the City Council or other
Commissions, and to perform other matters not requiring a vote of the
Commission.
3. Special Meetings: From time to time, special meetings may be called in
order to process significant caseloads, to review works in progress such as
comprehensive plan updates or municipal code revisions, or to undertake a
retreat or strategic planning session, either amongst itself or in the company
of the City Council or other commissions. Special meetings can be proposed
by any Commission member or at the request of the City Administrator, or
designated staff liaison Director of Community Development, yet must be
approved by a majority vote of the Commission.
4. Emergency Special Meetings. Emergency special meetings can be called
via written notice to the City Administrator, or designated staff liaison,
Director of Community Development by the Chairperson or two Commission
members, or by the City Administrator, or designated staff liaison Director of
Community Development. (Emergency special meetings are those in which
the subject matter is of such an immediate concern that it cannot be
delayed until the next regular meeting of the Planning Commission.) The
City Administrator, or designated staff liaison, Director of Community
Development shall post and mail a notice of any special meeting in
accordance with State Statutes. Planning Commission members shall be
notified by telephone and in writing, if possible, at least seven days prior to a
special meeting.
Page 3 40
5. Cancellation of Meetings: Regular or special meetings may be canceled by
the chairperson or City Administrator, or designated staff liaison, Director of
Community Development in the event that there are no items of business
requiring the attention of the Commission, or for lack of a quorum, or in
response to inclement weather or for any other good and sufficient reason.
Members of the Commission shall be notified by telephone of any meeting
cancellation. A notice of the meeting cancellation shall be posted as
required by State Statutes.
B. QUORUM: A majority of the number of voting members appointed to the
Commission shall constitute a quorum.
C. CONDUCT OF MEETINGS; ADJOURNMENT
1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is
present to conduct a meeting of the Planning Commission, the Planning
Commission may elect a meeting chair from among those members present
prior to the commencement of business. The election shall follow the
procedures set forth in Section IV.B.3, except that the Community
Development Director, or his or her designee, shall conduct the election.
2. Open Meeting Law: Meetings shall be conducted in accordance with the
State of Minnesota Open Meeting Law (Minn. Statutes 471.705).
3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two-
thirds majority of the members present agree to extend the time of
adjournment. If there is no objection, the Chairperson may declare the
meeting adjourned without the necessity of a motion or vote by the
Commission.
D. MINUTES: Minutes shall be recorded for regular meetings and each
commission member shall receive a copy of the unapproved minutes for review
and approval at a succeeding meeting. Minutes shall be approved by motion.
Approved minutes shall be the official record of the business conducted and
actions taken by the Planning Commission. Commission members may request
copies of approved minutes after they have been corrected, if necessary, and
signed as approved. Copies of the approved minutes shall be filed with the
Community Development Department. Unapproved minutes shall be clearly
marked “DRAFT”; approved minutes shall be marked “APPROVED”. A policy
statement regarding the content and format of the minutes shall be on file with
the Director of Community Development Department which may be reviewed
from time to time as needed.
VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans
and additional information, as appropriate, for each item placed on the agenda for
any regular or special meeting. The Commission packet should be delivered at least
four days prior to the meeting. Each Commissioner is responsible for reviewing the
material within the packet prior to the meeting.
Page 4
41
VIII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests
for review by the City Attorney, City Engineer, City Planning Agency, or other paid
consultants shall be in accordance with the Municipal Code, Section 401.07.
IX. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy
of the Mounds View Municipal Code and a copy of the Municipal Comprehensive
Plan as well as other materials provided by the City Council or City Staff. These
materials shall be retained by each commission member and returned to the City
Administrator, or designated staff liaison Director of Community Development upon
the member’s resignation or termination of appointment.
X. CONDUCT OF MEMBERS
A. ATTENDANCE: Commission members shall advise the designated Staff
member or the Commission chairperson of an anticipated absence from any
regularly scheduled Planning Commission meeting. Any member absent from
three consecutive regularly scheduled meetings or more than six regularly
scheduled meetings per year without the consent of the Commission shall be
deemed to have vacated the office, and such vacancy shall be filled by the City
Council pursuant to Section 401.03, Subd. 1. A leave of absence may be
granted by the consent of the Commission.
B. CONFLICT OF INTEREST:
1. General Standard: No Commissioner shall be appointed with private or
personal interests likely to conflict with the general public interest. If any
person appointed to the Commission shall find that their private or personal
interests are involved in any matter coming before the Commission, they
shall disqualify themselves from taking part in any discussion or action on the
matter; alternatively, they may be disqualified by a two-thirds (2/3) majority
vote of the Commissioners in attendance.
2. Conflict Due to Economic Interests: A Commissioner has a conflict of
interest if, in his or her discharge of official duties, would be required to take
an action or make a decision that would substantially affect the
Commissioner’s financial interests or those of an associated business,
unless the effect on the Commissioner is no greater than on other members
of the Commissioner’s business classification, profession, or occupation. In
the event a conflict of interest exists with respect to a particular matter before
the Commission, the Commissioner shall disqualify himself or herself from
taking part in any discussion or action on the matter.
Page 5 42
C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals
seeking to influence the decisions of the Planning Commission and individual
Commission members outside the meeting forum. Such contacts may include
meetings communications with project proponents applicants, supporters and
opponents., residents, property owners, and citizens separate from Commission
meetings, communication between Commission members outside the meeting
forum., telephone calls or letters which attempt to influence a Commissioner’s
opinion on a matter which will be subject to the Commissioner’s vote.
When the Planning Commission is involved in a matter which is to be heard
and decided by the Commission (e.g. variances), Planning Commissioners shall
indicate to the person contacting them that such contact is inappropriate and
communication and all testimony needs to be offered at the hearing to ensure a
fair hearing for all parties. The intent is for each Planning Commissioner to
make their decision based on the same information provided to all Planning
Commissioners.
In all other cases, Planning Commissioners should discourage such contacts
and should avoid expressing any opinion as to the merits of the case outside of
Commission meetings. When ex parte contacts occur, the Planning
Commissioner is responsible for notifying the Community Development
Director, appropriate City staff and for conveying the substance of the any ex
parte communication to other Commission members at the next commission
meeting at which the matter discussed is under consideration.
_______________________________________
Gary Stevenson, Chairperson
ATTEST:
_______________________________________
James Ericson, City Administrator
Revision History:
March 16, 2016
January 24, 2007
September 1, 2004
February 21, 2001
February 2, 2000
March 5, 1997
February 3, 1993
October 1990
Page 6
43
D R A F T
PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
February 17, 2016
Mounds View City Hall
2401 County Road 10, Mounds View, MN 55112
______________________________________________________________________________
1. Call to Order
The meeting was called to order by Chair Stevenson at 7:00 p.m. for February 17, 2016.
______________________________________________________________________________
2. Roll Call
Members Present: Commissioners French, Klander, Klebsch, Love, Rundle, Schiltgen, and
Stevenson.
Absent and Excused: None.
Also Present: City Administrator Jim Ericson, Planner Jonathan Sevald and Council
Member Gary Meehlhause.
______________________________________________________________________________
Index to Minutes Page
MI2016-001 Minor Subdivision 2
Consideration of Res. 1042-16, A Resolution updating the Planning 3
& Zoning Commission Bylaws
Consideration of Res. 1044-16, A Resolution recommending approval of a 3
code amendment to Chapter 1120 of the Zoning Code, pertaining to PUD’s
Approval of Minutes 5
_____________________________________________________________________________
3. Special Order of Business
None.
44
D R A F T
Mounds View Planning Commission February 17, 2016
Regular Meeting Page 2
______________________________________________________________________________
4. Citizens Requests and Comments on Items Not on the Agenda
None.
______________________________________________________________________________
5. Planning Cases
A. MI2016-001 Minor Subdivision
Applicant: Terry Buchanan
Owners: Kayak Properties, Inc.
Address: 7800 Eastwood Road
Planner Sevald stated the applicant, Terry Buchanan, has requested a minor subdivision to divide
the lot at 7800 Eastwood Road into Parcel A and Parcel B. The existing home will remain on
Parcel A, while Parcel B is intended to be sold. He reviewed the City’s minor subdivision
requirements in further detail. Staff recommended the Planning Commission consider the
information and approve the minor subdivision as requested.
Chair Stevenson asked who would cover the expense of the two curb cuts. Planner Sevald
explained the expense would be covered by the applicant.
Chair Stevenson commented this was an odd shaped lot and he appreciated the creativity that
went into proposed subdivision.
Commissioner Klebsch questioned how long the applicant would have to complete the
subdivision. Planner Sevald indicated the minor subdivision would have to be recorded in six
months.
Commissioner Schiltgen requested further information on park dedication fees. Planner Sevald
defined how the City charged park dedication fees noting it was based on land value. City
Administrator Ericson advised that park dedication fees assisted the City in paying for City parks
and park improvements as density increases through new development.
Commissioner Love considered the lot split to be in-fill development. She believed the City
would benefit from completing a master plan to address the green space needs within the City.
MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution
1043-16, a Resolution Recommending Approval of a Minor Subdivision 7800 Eastwood Road;
Planning Case No. MI2016-001.
Ayes – 7 Nays – 0 Motion carried.
_____________________________________________________________________________
45
D R A F T
Mounds View Planning Commission February 17, 2016
Regular Meeting Page 3
______________________________________________________________________________
6. Other Planning Activity
A. Consideration of Resolution 1042-16, a Resolution updating the Planning and
Zoning Commission Bylaws.
City Administrator Ericson explained the Planning Commission’s Bylaws state that the
Commission shall review the Bylaws on an annual basis, at the first regular meeting in February.
It was noted the Commission reviewed the bylaws on February 3rd and requested additional
review regarding Section 10C, regarding “Ex Parte Contacts”. It was noted staff requested
comment from the City Attorney regarding this matter. Staff reviewed the revised language
from the City Attorney and recommended approval of the bylaws as amended.
Chair Stevenson discussed a grammatical concern he had with the new Ex Parte language and
recommended the seven lines of new language be broken into two sentences.
Commissioner Klebsch supported the intent of the new language as is, but that she could also
support breaking the sentence into two for readability purposes, and for the ease of the public in
reading and understanding the Planning Commission’s bylaws.
Chair Stevenson indicated the new language could remain as is, but that the reference to a first
hearing be changed to read Planning Commission meeting.
Commissioner Love suggested the sentence following be written in the positive instead of the
negative. She suggested this sentence read: Planning Commissioners shall confine their opinions
regarding the merits of Planning Cases to the Planning Commission meetings.
Commissioner Rundle supported the bylaws with the proposed language amendments.
Commissioner Klander believed the last sentence in Section 10C was a repeat of what has
already been said and was therefore unnecessary.
City Administrator Ericson reported he would make the proposed language changes and have the
Commission review the bylaws again in March. The Commission supported this
recommendation.
______________________________________________________________________________
B. Consideration of Resolution 1044-16, a Resolution recommending approval
of a code amendment to Chapter 1120 of the Zoning Code, pertaining to
PUD’s.
46
D R A F T
Mounds View Planning Commission February 17, 2016
Regular Meeting Page 4
______________________________________________________________________________
Planner Sevald stated the Zoning Code requires a Mixed-Use Planned Unit Development (PUD)
to have a minimum project size of five (5) acres. Staff is recommending this be changed to four
(4) acres in order to accommodate smaller developments. He discussed the City’s Zoning Code
regarding PUD’s in further detail and recommended the Commission amend Zoning Code
1120.03, Subd 3(b) to allow Mixed Use PUD’s to be a minimum of four (4) acres in project size.
Commissioner Klander questioned how this matter would proceed if the Planning Commission
did not offer their support. Planner Sevald indicated the Planning Commission was a
recommending body to the City Council. He explained the City Council would make the final
determination regarding the proposed code amendment. He reported if the City Council were to
deny the change, the City Code language would remain as is.
Commissioner Klander stated he was reluctant to support the proposed change given this was
being done for one specific project. He understood the City Council has been working with a
developer on the Crossroad Pointe project, however, he felt he did not have enough information
regarding the project to make a decision on the proposed code amendment.
Chair Stevenson discussed the City’s history in developing and redeveloping properties in the
City of Mounds View. He did not believe there would be a large impact on the future of the City
if the project size for Mixed Use PUD’s was changed from five (5) acres to four (4) acres.
Based on the City’s history, he fully supported the proposed code amendment.
Commissioner Schiltgen agreed.
City Administrator Ericson reported that the change to four (4) acres would be an average of the
sizes allowed for residential and commercial PUD’s.
Commissioner Love asked if the City has considered acquiring enough additional acreage to
make Crossroad Pointe a five (5) acre PUD. She then questioned if PUD’s were allowed to have
variances. City Administrator Ericson indicated there was no additional property adjacent to the
Crossroad Pointe site that could be acquired by the City. He commented an adjoining property
could be written into the vision for the site, but he did not support the City moving in this
direction. He reported a PUD variance was not an option as there was no hardship or practical
difficulties.
Commissioner Klebsch stated she did not have enough background information on the request
and did not understand why five (5) acres was selected to begin with. She questioned how a
decrease by one (1) acre would impact future PUD developments. City Administrator Ericson
suggested that the five (5) acre project size was likely selected given the fact the City was
smaller in size with smaller parcels. He discussed how PUD’s have developed in the past.
47
D R A F T
Mounds View Planning Commission February 17, 2016
Regular Meeting Page 5
______________________________________________________________________________
Chair Stevenson did not anticipate the City would have very many PUD’s to consider given the
fact there was not a large number of vacant five (5) acre parcels in the community. He was
comfortable with the proposed code amendment.
MOTION/SECOND: Commissioner Rundle/Commissioner French. To approve Resolution
1044-16, a Resolution recommending approval of a code amendment to Chapter 1120 of the
Zoning Code, pertaining to PUD’s.
Ayes – 7 Nays – 0 Motion carried.
______________________________________________________________________________
7. Reports
A. Upcoming Planning Cases & Activity
Planner Sevald indicated he had not upcoming Planning Cases at this time.
B. Staff Updates
Planner Sevald had no update from staff.
C. Council Updates
Council Member Meehlhause provided the Planning Commission with an update from the City
Council. He reported Gordy and Paul Fedor had been appointed Citizens of the Year. He
indicated the Fedors would be recognized at the upcoming Town Hall meeting. He explained the
Area I Street Improvement Project was sent out for bid. It was noted Area I would be completed
over two years, given the size and scope of the project. He commented Police Chief Kinney has
announced his retirement and the Council has amended the job description and authorized the
hiring.
D. Planning Commissioner Reports
None.
8. Approval of Minutes
February 3, 2016.
MOTION/SECOND: Commissioner Klebsch/Commissioner Schiltgen. To approve the Minutes
of the February 3, 2016 regular Planning Commission meetings as presented.
48
D R A F T
Mounds View Planning Commission February 17, 2016
Regular Meeting Page 6
______________________________________________________________________________
Ayes – 7 Nays – 0 Motion carried.
9. Next Planning Commission Meeting:
A. Wednesday, March 2, 2016
B. Wednesday, March 16, 2016
______________________________________________________________________________
10. Adjournment
There being no further business before the Planning Commission, Chair Stevenson adjourned the
meeting at 7:53 p.m.
______________________________________________________________________________
Respectfully submitted,
__________________________
Jim Ericson
City Administrator
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.
49