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HomeMy WebLinkAbout04-20-2016 PLANNING COMMISSION REGULAR MEETING AGENDA April 20, 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, please give your full name and address for the record.) 5. Planning Cases (none) 6. Other Planning Activity A. Resolution 1047-16, Recommending approval of a Text Amendment to Zoning Code 1102, Definitions, and 1106.03 Accessory Uses 7. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 8. Approval of Minutes: March 16, 2016 9. Next Planning Commission Meetings: A. Wednesday, May 4, 2016 B. Wednesday, May 18, 2016 10. Meeting Conclusion Item No: _6A_ Meeting Date: April 20, 2016_ Type of Business: Special Planning Case SP-200-16 To: Mounds View Planning Commission From: Jon Sevald, Planner Re: Resolution 1047-16, Recommending approval of a Text Amendment to Zoning Code 1102.02, Definitions, and 1106.03 Accessory Uses Date: April 20, 2016 Introduction Accessory Buildings include any structure other than the home or principal building. This includes open carports and enclosed private garages. The Zoning Code regulates the placement, size, and appearance of Accessory Buildings based on what zoning district the property is located in. Recently, the City has taken enforcement action on carports (Accessory Buildings) which violate the Zoning Code, but some of the ordinance text is unclear if the intent is to permit Accessory Buildings with “metal” sided exteriors. Discussion This topic was previously discussed in 2000, 2009, and 2014 specific to allowing Accessory Buildings with tarp-like exteriors. In 2014, the Council decided to continue to prohibit their use. The City Council discussed this item at their March 7, 2016 Work Session. The Council’s consensus is to continue to prohibit structures composed of tarp-like exterior materials, and to amend the Zoning Code to clarify the use of Carports for the storage of motor vehicles, and to prohibit their use for storage of miscellaneous household items, creating a nuisance. The Zoning Code provides definitions for Accessory Buildings, Carports, and Private Garages. Because carports and garages are accessory buildings, but have different restrictions, clarification is needed to the text. Selected Sections of the Zoning Code: Zoning Code 1102.02, Subd 1 Accessory Building or Use: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. M E M O Zoning Code 1102.02, Subd 14 Carport: Space for the housing or storage of motor vehicles and enclosed on not more than two (2) sides. Zoning Code 1102, Subd. 51 Garage, Private: A detached accessory building or portion of the principal building, including a carport, which is used for storing vehicles. Zoning Code 1106.03, Subd 1 [R-1, R-2, R-3, R-4 districts]: Accessory Buildings: Accessory buildings, which for these purposes shall include garages, tool houses, carports, sheds and similar buildings for storage of domestic supply and noncommercial recreational equipment, whether attached or detached. Zoning Code 1106.03, Subd 1(g) [R-1, R-2, R-3, R-4 districts]: Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular metal and canvas or exposed plywood, particle board or similar materials shall not be permitted. The City does not allow cloth, canvas, plastic sheets and tarps or similar materials as primary exterior materials on accessory buildings (except for green houses). Zoning Code 1106.03, Subd 1(i) [R-1, R-2, R-3, R-4 districts]: The roof of all accessory buildings exceeding two hundred fifty (250) square feet in size shall: (1) Match or be similar to the character and style of the roof of the principal structure. (2) Have a pitch or slope of at least 2-12. Summary The intent of this text amendment is to clarify the allowable use of Carports for the storage of motor vehicles, ATV’s, and trailers. Motor Vehicles include self-propelled vehicles legal for use on public roads. Trailers include trailered items, such as boats or other equipment contained within the trailer. Recommendation Staff recommends approval of the text amendment to clarify permitted uses of a Carport. The most significant changes are that a carport may be enclosed on three sides (vs. two); is limited to the storage of operable vehicles and trailers (not miscellaneous items); and its roof is not required to be similar in character to the principal building. Respectfully, Jon Sevald, AICP Planner Attachments Photo Examples Resolution 1047-16 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1047-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 1100 OF THE MOUNDS VIEW CITY CODE PERTAINING TO CARPORTS AND ACCESSORY BUILDINGS; SPECIAL PLANNING CASE 200-16 WHEREAS, City staff has recommended that amendments be made to the City Code relating to Carports and Accessory buildings; and, WHEREAS, the Planning Commission agrees with City Staff’s recommendation that the definition of Carports, and that permitted Accessory Uses are to be amended for clarity; and, WHEREAS, City staff has amended Title 1100 of the Mounds View City Code by deleting the stricken language and adding the underlined text as follows: 1102.02: DEFINITIONS: Subd. 1. ACCESSORY BUILDING OR USE: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Subd. 15. CARPORT: Space for the housing or storage of motor vehicles and enclosed on not more than two (2) sides. An accessory building utilized only for the covered parking or storage of operable motor vehicles, all-terrain vehicles, snowmobiles, and trailers, open on one or more sides. Subd. 51. GARAGE, PRIVATE: An enclosed detached accessory building or portion of the principal building, including a carport, which is used for storing vehicles. 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District: (1988 Code §40.10) Subd. 1. Accessory Buildings: A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property. Accessory buildings, which for these purposes shall include garages, tool houses, carports, sheds and similar buildings for storage of domestic supply and noncommercial recreational equipment, whether attached or detached. (Ord. 664, 8-14-00; Ord. 879, 7-22-13) Subd 1. Accessory Buildings, including garages, carports, tool houses and sheds, whether attached or detaches. g. Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular metal and canvas or exposed plywood, particle board or similar materials shall not be permitted. The City does not allow cloth, canvas, plastic sheets and tarps or similar materials as primary exterior materials on accessory buildings (except for green houses). The exterior finish of Carports may include sheet, ribbed or corrugated metal, fiberglass or polycarbonate panels, and shall remain open on one or more sides. (Ord. 664, 8-14-00; Ord. 828, 10-8-09) i. The roof of all accessory buildings (excluding carports) exceeding two hundred fifty (250) square feet in size shall: (Added, Ord. 828, 10-8-09) (1) Match or be similar to the character and style of the roof of the principal structure. (Added, Ord. 828, 10-8-09) (2) Have a pitch or slope of at least 2-12. (Added, Ord. 828, 10-8-09) WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Title 1120 of the Mounds View City Code as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 20th day of April, 2016. ________________________________ Gary Stevenson, Chair ATTEST: ________________________________ James Ericson, City Administrator (SEAL) PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 16, 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 March 16, 2016. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners French, Klebsch, Love, Rundle, Schiltgen, and Stevenson. Absent and Excused: Commissioner Klander. Also Present: City Administrator Jim Ericson and Planner Jonathan Sevald. ______________________________________________________________________________ Index to Minutes Page CU2016-001 Conditional Use Permit 2 IU2016-001 Interim Use Permit 2 Consideration of Resolution 1042-16, a Resolution updating the 3 Planning & Zoning Commission Bylaws Approval of Minutes 4 _____________________________________________________________________________ 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ - D R A F T - Mounds View Planning Commission March 16, 2016 Regular Meeting Page 2 ______________________________________________________________________________ 5. Planning Cases A. Planning Case: CU2016-001 Conditional Use Permit Applicant: Garden City, LLC Owners: Moundsview Square Associates, LLC Address: 2523 County Road 10 Planner Sevald stated 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 at 2523 County Road 10. The seasonal garden center operation would be similar to what has been conducted at this location in previous years. Staff reviewed the request in detail and recommended the Planning Commission approve the Conditional Use Permit with conditions. Commissioner Schiltgen asked if the property owner supported the proposed request. Planner Sevald reported the property owner has signed off on the request. Chair Stevenson thanked staff for the thorough report and site map. He recommended the City update the map of Moundsview Square. MOTION/SECOND: Commissioner Rundle/Commissioner Love. To approve Resolution 1045- 16, a Resolution Recommending Approval of a Conditional Use Permit at 2523 County Road 10; Planning Case No. CU2016-001. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ B. Planning Case: IU2016-001 Interim Use Permit Applicant: Anderson Companies, LLP Owners: Anderson Companies, LLP Address: 2200 County Road 10 Planner Sevald stated 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. Planner Sevald explained the property is located at 2200 Co Rd 10 (west corner 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 Mounds View Planning Commission March 16, 2016 Regular Meeting Page 3 ______________________________________________________________________________ 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. Planner Sevald reported 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). Staff recommended the Planning Commission approve the Interim Use Permit with conditions. Chair Stevenson understood the tent requires an inspection from the Fire Marshall. He stated he was inclined to keep the Interim Use Permit as is and keep it renewable every five years. Commissioner Love asked if the applicant had to complete a full application process every five years. Planner Sevald reported this was the case. Commissioner Love supported extending the permit length to seven years. Planner Sevald defined the intent of an Interim Use Permit. Chair Stevenson believed that the five-year permit length was generous given the fact the City originally required Interim Use Permits to be applied for on a yearly basis. Commissioner Schiltgen also supported the five-year permit length. MOTION/SECOND: Commissioner Schiltgen/Commissioner Rundle. To approve Resolution 1046-16, a Resolution Recommending Approval of an Interim Use Permit at 2200 County Road 10; Planning Case No. IU2016-001. Ayes – 6 Nays – 0 Motion carried. _________________________________________________________________________ 6. Other Planning Activity A. Review the Planning and Zoning Commission Bylaws Planner Sevald informed the Commission that 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. The amended language was read in full for the Planning Commission. It was noted staff has attempted to simplify the language while maintaining its legal purpose. In addition, the Bylaws were amended Mounds View Planning Commission March 16, 2016 Regular Meeting Page 4 ______________________________________________________________________________ to reflect current staffing by removing references to the Community Development Director. Staff requested the Planning Commission review the amended bylaws and recommend approval. Commissioner Love offered a change to the following sentence: The intent is for Planning Commissioners to make their decisions based on the same information provided to all Planning Commissioners. MOTION/SECOND: Commissioner Love/Commissioner Klebsch. To approve Resolution 1042-16, a Resolution Adopting Revision to the Mounds View Planning and Zoning Commission Bylaws as amended. Ayes – 6 Nays – 0 Motion carried. ______________________________________________________________________________ 7. Reports A. Upcoming Planning Cases & Activity Planner Sevald discussed upcoming planning cases noting the Commission would be discussing carports in April. B. Staff Updates Planner Sevald provided the Commission with an update from staff. He noted a workshop titled New Resources for Comprehensive Plans would be held on Monday, March 28th from 6:00 to 8:30 p.m. at the Ramsey County Public Works Center. C. Council Updates Planner Sevald provided the Planning Commission with an update from the City Council. He reported a space needs analysis was reviewed for the Public Works Facility. He stated the Council approved a minor subdivision at 7800 Eastwood Road. He indicated the Council was continuing conversations about the renaming of County Road 10 to Mounds View Boulevard. It was noted this matter would be discussed at the upcoming Town Hall meeting. D. Planning Commissioner Reports Chair Stevenson encouraged all to attend the Town Hall meeting, which would be held on Monday, March 21, 2016 at 6:00 p.m. at Mounds View City Hall. 8. Approval of Minutes February 17, 2016. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1047-16 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 1100 OF THE MOUNDS VIEW CITY CODE PERTAINING TO CARPORTS AND ACCESSORY BUILDINGS; SPECIAL PLANNING CASE 200-16 WHEREAS, City staff has recommended that amendments be made to the City Code relating to Carports and Accessory buildings; and, WHEREAS, the Planning Commission agrees with City Staff’s recommendation that the definition of Carports, and that permitted Accessory Uses are to be amended for clarity; and, WHEREAS, City staff has amended Title 1100 of the Mounds View City Code by deleting the stricken language and adding the underlined text as follows: 1102.02: DEFINITIONS: Subd. 1. ACCESSORY BUILDING OR USE: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Subd. 15. CARPORT: Space for the housing or storage of motor vehicles and enclosed on not more than two (2) sides. An accessory building utilized only for the covered parking or storage of operable motor vehicles, all-terrain vehicles, snowmobiles, and trailers, open on one or more sides. Subd. 51. GARAGE, PRIVATE: An enclosed detached accessory building or portion of the principal building, including a carport, which is used for storing vehicles. 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District: (1988 Code §40.10) Subd. 1. Accessory Buildings: A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property. Accessory buildings, which for these purposes shall include garages, tool houses, carports, sheds and similar buildings for storage of domestic supply and noncommercial recreational equipment, whether attached or detached. (Ord. 664, 8-14-00; Ord. 879, 7-22-13) Subd 1. Accessory Buildings, including garages, carports, tool houses and sheds, whether attached or detaches. g. Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular metal and canvas or exposed plywood, particle board or similar materials shall not be permitted. The City does not allow cloth, canvas, plastic sheets and tarps or similar materials as primary exterior materials on accessory buildings (except for green houses). The exterior finish of Carports may include sheet, ribbed or corrugated metal, fiberglass or polycarbonate panels, and shall remain open on one or more sides. (Ord. 664, 8-14-00; Ord. 828, 10-8-09) i. The roof of all accessory buildings (excluding carports) exceeding two hundred fifty (250) square feet in size shall: (Added, Ord. 828, 10-8-09) (1) Match or be similar to the character and style of the roof of the principal structure. (Added, Ord. 828, 10-8-09) (2) Have a pitch or slope of at least 2-12. (Added, Ord. 828, 10-8-09) WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Title 1120 of the Mounds View City Code as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 20th day of April, 2016. ________________________________ Gary Stevenson, Chair ATTEST: ________________________________ James Ericson, City Administrator (SEAL) Mounds View Planning Commission March 16, 2016 Regular Meeting Page 5 ______________________________________________________________________________ MOTION/SECOND: Commissioner Rundle/Commissioner Schiltgen. To approve the Minutes of the February 17, 2016 regular Planning Commission meetings as presented. Ayes – 6 Nays – 0 Motion carried. 9. Next Planning Commission Meeting: A. Wednesday, April 6, 2016 B. Wednesday, April 20, 2016 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:34 p.m. ______________________________________________________________________________ Respectfully submitted, Jonathan Sevald Planner Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.