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HomeMy WebLinkAbout05-06-2015 PLANNING COMMISSION REGULAR MEETING AGENDA May 6, 2015 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. Oath of Office for Commissioner Therese Kieffer 4. Approval of Minutes: March 18, 2015 5. 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.) 6. Planning Cases None 7. Other Planning Activity A. Discuss Proposed Code Amendment for Christmas Tree Sales B. Discuss Proposed Code Amendment for Temporary Outdoor Food Sales C. Code Amendment for Religious Institutions Language 8. Review Minutes: A. April 15, 2015 9. Reports A. Upcoming Planning Cases B. Staff Updates C. Council Updates D. Planning Commissioner Reports 10. Next Planning Commission Meetings: A. Wednesday, May 20, 2015 B. Wednesday, June 3, 2015 11. Adjourn PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 15, 2015 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for April 15, 2015. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Birken, Carvelli-Yu, Elofson, Rundle, and Stevenson. Absent and Excused: Commissioners Love and Schiltgen. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 Review Application for Planning Commission Vacancy 2 Discuss Proposed Code Amendments to Allow Brewpubs, Taprooms, 2 Microbreweries, and Breweries _____________________________________________________________________________ 3. Approval of Minutes February 18, 2015. MOTION/SECOND: Commissioner Carvelli-Yu/Commissioner Birken. To approve the Minutes of the February 18, 2015 regular Planning Commission meeting as presented. Ayes – 5 Nays – 0 Motion carried. Mounds View Planning Commission April 15, 2015 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases None. _____________________________________________________________________________ 6. Other Planning Activity A. Review Application for Planning Commission Vacancy Planning Associate Heller informed the Commission that Commissioner Cindy Carvelli-Yu is resigning from the Planning Commission. The remaining time of Cindy’s three-year term needs to be filled. The City advertised the vacancy, with applications due on March 20, 2015. Staff received one application. The Planning Commission should review the application and meet the candidate who has been invited to the meeting. A ballot vote will be conducted and the results of the vote will be the recommendation that the Planning Commission submits to the City Council, who could make an official appointment on April 27, 2015. Therese Keifer introduced herself to the Commission. She explained she lived in Landmark Estates. She enjoys living in this community with her husband and 19-month-old son. She looked forward to seeing how the Highway 10 corridor continued to develop. Commissioner Birken believed that Ms. Keifer was highly qualified to serve on the Planning Commission. A ballot vote was conducted and the Commission unanimously recommended the City Council appoint Therese Keifer to the Planning Commission. ______________________________________________________________________________ B. Discuss Proposed Code Amendments to Allow Brewpubs, Taprooms, Microbreweries, and Breweries Planning Associate Heller informed the Commission that at the April 6, 2015 Council Worksession, the City Council discussed allowing businesses like brewpubs or taprooms in the City since they are becoming very popular after the State of Minnesota loosened regulations relating to these types of businesses. The Council is supportive of allowing any type of brewing businesses – brewpub, taproom, microbrewery and brewery. The City Code for liquor licensing will also need to be amended to accommodate these particular types of businesses, along with some additional definitions. Staff reviewed these definitions in detail with the Commission and requested feedback on the code amendments. Mounds View Planning Commission April 15, 2015 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Carvelli-Yu recommended outdoor seating restrictions be considered for properties near residential homes. Further discussion ensued regarding outdoor patios. Commissioner Birken stated this concern could be addressed under the liquor license permit as well. Associate Heller suggested that staff could add a condition that any taproom and brewpub with an outdoor patio within X amount of feet from a residential property will have restrictions, like earlier hours for the outdoor service. She commented that another way to address this concern would be to have an outdoor enhancement stipulation. The Commission supported this recommendation. MOTION/SECOND: Commissioner Rundle/Commissioner Elofson. To approve Resolution No. 1023-15, a Resolution Recommending Approval of an Amendment to Title 1100, Chapters 1113, 1114 and 1116 of the Mounds View Zoning Code to Allow Brewpubs, Microbreweries, Breweries and Taprooms in the Business and Industrial Districts; Special Planning Case No. 193-15. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 7. Review Minutes: A. March 18, 2015 The Commission discussed the March 18, 2015 meeting minutes. 8. Reports A. Upcoming Planning Cases Planning Associate Heller discussed upcoming planning cases. She reported the Planning Commission would be meeting on May 6th. B. Staff Updates Planning Associate Heller discussed upcoming planning cases. She explained there would be a Ribbon Cutting Ceremony for the Bel Rae Senior Living facility on Monday, May 11th at 4:00 p.m. She encouraged the Planning Commission to attend this event. She noted that 20 units within this new building have already been leased. She commented the BioLife project construction continues and will be open by September 2015. Mounds View Planning Commission April 15, 2015 Regular Meeting Page 4 ________________________________________________________________________ C. Council Updates Councilmember Meehlhause provided the Planning Commission with an update from the City Council and discussed the construction projects planned for this summer. He discussed the Town Hall meeting as well. D. Planning Commissioner Reports Chair Stevenson wished Commissioner Carvelli-Yu well and thanked her for her service to the City on the Planning Commission. 9. Next Planning Commission Meeting: A. Wednesday, May 6, 2015 B. Wednesday, May 20, 2015 ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:58 p.m. ______________________________________________________________________________ Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 7A Meeting Date: May 6, 2015 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Discuss Proposed Code Amendment for Christmas Tree Sales The City of Mounds View requires business licenses for Transient Merchants, which includes Christmas Tree Sales. The transient merchants must also comply with the zoning code, which requires a conditional use permit for outdoor sales for more than 10 days. The Mounds View Zoning Code that would be applicable to 30 days of Christmas tree sales is Chapter 1112.03 (B-1, Neighborhood Business): 1114.04: CONDITIONAL USES: The following are conditional uses in a B-3 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 5. Open or outdoor service, sale and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers or wagons for a period greater than ten (10) days; (Amended, Ord. 733, 5-10-04) a. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring identical uses or an abutting R District in compliance with subdivisions 1103.08(l) through (5) of this Title. 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 sections 1103.08 and 1103.09 of this Title. d. Sales area is grassed or surfaced to control dust. e. The open or outdoor service, sale or rental use does not take up parking space as required for conformity of this Title. f. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Christmas Tree Sales Staff Report May 6, 2015 Page 2 There has been a Christmas tree sales business operating in Mounds View on commercial properties for many years. Staff recently researched what 12 other metro cities require for Christmas tree sales. All of the cities allow Christmas tree sales and none requires a conditional use permit for this use. All the cities simply require an annual permit or license, and most allow the applications to be approved by city staff (3 cities required the City Council to approve the license or permit). Staff recommends that the City Code be amended to better accommodate Christmas tree sale businesses. Since this is a business that only operates for approximately 30 days each year, staff feels that requiring a conditional use permit is unnecessary. Staff suggests that the City Code be amended to add Christmas Tree Sales as a new business license type to Title 500, Business License Regulations, and simply require an annual business license for this type of business. The City Council will determine what the annual fee should be, but staff suggests it be the same as the 1-month permit fee for peddlers/transient merchants/solicitors which is currently $204.00. Recommendation Review Resolution 1025-15 with the proposed language for a code amendment adding Christmas tree sales as a new business license. Sincerely, Heidi Heller, Planning Associate Attachments: 1. Resolution 1025-15 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1025-15 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 500 OF THE MOUNDS VIEW CITY CODE TO ADD CHRISTMAS TREE SALES AS A NEW BUSINESS LICENSE; SPECIAL PLANNING CASE 196-15 WHEREAS, City staff has recommended that amendments be made to the City Code relating to Christmas tree sales; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation that requirements specifically for Christmas tree sales should be added; and, WHEREAS, City staff has amended Title 500 of the Mounds View City Code by deleting the stricken language and adding the underlined text as follows: TITLE 500 BUSINESS LICENSE REGULATIONS Subject Chapter General Liquor Provisions .................................................... 501 Intoxicating Liquor ................................................................ 502 3.2 Percent Malt Liquor ........................................................ 503 Peddlers, Solicitors And Transient Merchants ..................... 504 Restaurants .......................................................................... 505 Amusement Devices And Centers ....................................... 506 Bowling Alleys ...................................................................... 507 Rides, Carnivals And Circuses ............................................ 508 Gasoline Stations ................................................................. 509 New And Used Car Dealers ................................................. 510 Recuperative Homes And Half-Way Houses ....................... 511 Cigarette And Tobacco Products ......................................... 512 Adult Establishments ........................................................... 513 Therapeutic Massage ......................................................... 514 Tattoo, Body Piercing, Body Branding, Body ....................... 515 Scarring and Body Painting Establishments Pawnshops (Added, Ord. 712, 11-10-03) ............................ 516 (Intentionally Left Blank) ....................................................... 517 Regulating Lawful Gambling (Added, Ord. 835, 4-1-10) ...... 518 Christmas Trees…………………………………..…………..519 Resolution 1025-15 Page 2 CHAPTER 519 CHRISTMAS TREES SECTION: 519.01: Definitions 519.02: License Required 519.03 Application 519.04: License Fees 519.05: Restrictions of Sale 519.06: Licenses Not Transferable 519.07: License Expiration and Site Clean Up 519.08: Violation of Provisions 519.01: DEFINITIONS: For the purpose of this Chapter, the terms defined in this Section have the meaning given to them herein: Subd. 1. Christmas Trees: Shall be defined as natural trees used for decoration at holiday time. 519.02: LICENSE REQUIRED: No person shall directly or indirectly sell Christmas trees at retail in the City without first obtaining a license from the City Administrator. 519.03: APPLICATION: Every applicant for such a license shall file an application with the City Administrator. The application shall be on a form supplied by the City Administrator and shall contain the full name and address of the applicant, address and property owners name of where said business is to be carried on, and such other information as the application form may require. Such license may contain reasonable restrictions on the operation of the business. 519.04: LICENSE FEES: The annual license fee shall be established by resolution of the City Council, and must be paid to the City at the time that the application is filed. 519.05: RESTRICTIONS OF SALE: Christmas tree lots shall only be located in business zoned districts. 519.06: LICENSES NOT TRANSFERABLE: Licenses issued pursuant to this article shall not be transferable. 519.07: LICENSE EXPIRATION AND SITE CLEAN UP: A license issued pursuant to this article shall expire on January fifteenth following the date of granting. By such date, the premises described in the application must be cleaned up and unsold trees removed. If the premises are not so cleaned up, the City may cause the premises to be cleaned up and charge the cost to the applicant. Resolution 1025-15 Page 3 519.08: VIOLATION OF PROVISIONS: Any person violating any provision of this Chapter shall be guilt of a misdemeanor. In addition, the license provided for in Section 519.02 of this Chapter may be revoked by the Council upon due notice. WHEREAS, amending the City Code to add requirements specifically for Christmas tree sales in business zoning districts would better serve the public; and, 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 500 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 6th day of May, 2015. ________________________________ Gary Stevenson, Chair ATTEST: ________________________________ James Ericson, City Administrator (SEAL) Item No: 7B Meeting Date: May 6, 2015 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Discuss Proposed Code Amendment for Temporary Outdoor Food Sales The City of Mounds View requires business licenses for Transient Merchants, and the licenses can be issued for up to one year. There haven’t been many merchants over the years that have temporarily sold things in the city – it’s typically only been a seafood company that will sell from their truck for one or two days a few times a year. Two years ago, a food truck owner applied for a transient merchant license. Since they are selling prepared food, they also must get a license from the Ramsey County Department of Health, which is in effect for 21 days at a single location. The Mounds View Zoning Code that is applicable to this type of temporary use is Chapter 1112.03 (B-1, Neighborhood Business): 1112.03: ACCESSORY USES: The following are permitted accessory uses in a B-1 District: Subd. 5. Temporary open or outdoor services, sales and rental as an accessory use and including sales in or from motorized vehicles, trailers, or wagons, subject to the following: (Added, Ord. 735, 5-10-04) a. The activity shall not continue for a period greater than ten (10) consecutive days or for more than three (3) ten (10) day periods per year. Permit periods must be separated by a minimum of thirty (30) days. (Added, Ord. 733, 5- 10-04) b. Notwithstanding Article 13, Section 7 of the Minnesota Constitution, a permit issued by the City shall be obtained prior to commencing the activity. (Added, Ord. 733, 5-10-04) c. A permit will not be issued without the written consent of the property owner. (Added, Ord. 733-5-10-04) d. The sales area shall be grassed or surfaced to control dust. (Added, Ord. 733, 5-10-04) e. The activity shall not take up parking space as required for conformity of this Title. (Added, Ord. 733, 5-10-04) f. 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 Sections 1103.08 and 1103.09 of this Title. (Added, Ord. 733, 5-10-04) Temporary Outdoor Food Sales Staff Report May 6, 2015 Page 2 The food truck has been operating in Mounds View business parking lots for the last two summers, but they were switching locations every 10 days in order to comply with the zoning code time limit. The county food truck license is applicable for 21 days in the same location so it became confusing for them to comply with both sets of rules and time limits. Currently if a merchant wants to have temporary outdoor sales for more than 10 days, a conditional use permit is required for each location where the sales would occur. Staff recommends that the Zoning Code be amended to better accommodate temporary outdoor food sales, and to be consistent with state and county food truck permit timelines. The food truck has been successful in Mounds View and a code amendment would make it easier for them to operate here. Staff suggests that the code amendment be specific to temporary outdoor food sales rather than any type of sales so that we don’t get other types of vendors selling in parking lots for long periods of time. Recommendation Review Resolution 1024-15 with the proposed language for a code amendment adding specific regulations for temporary outdoor food sales. Sincerely, Heidi Heller, Planning Associate Attachments: 1. Resolution 1024-15 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1024-15 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 1100, CHAPTER 1112 OF THE MOUNDS VIEW ZONING CODE TO ADD REQUIREMENTS FOR TEMPORARY OUTDOOR FOOD SALES; SPECIAL PLANNING CASE 195-15 WHEREAS, City staff has recommended that amendments be made to the zoning code relating to temporary outdoor food sales; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation that requirements specifically for temporary outdoor food sales should be added; and, WHEREAS, City staff has amended Chapter 1112.03 of the Mounds View City Code by deleting the stricken language and adding the underlined text as follows: 1112.03: ACCESSORY USES: The following are permitted accessory uses in a B-1 District: Subd. 7. Temporary outdoor food sales as an accessory use and including sales in or from motorized vehicles, trailers, or wagons, subject to the following: a. The activity shall not continue on the same property for a period greater than twenty-one (21) consecutive days. b. Notwithstanding Article 13, Section 7 of the Minnesota Constitution, a license issued by the City shall be obtained prior to commencing the activity. c. A permit will not be issued without the written consent of the property owner. d. The sales area shall be grassed or surfaced to control dust. e. The activity shall not take up parking space as required for conformity of this Title. f. 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 Sections 1103.08 and 1103.09 of this Title. Resolution 1024-15 Page 2 WHEREAS, amending the City Code to add requirements specifically for temporary outdoor food sales in business zoning districts would better serve the public; and, 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 Sections 1112.03 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 6th day of May, 2015. ________________________________ Gary Stevenson, Chair ATTEST: ________________________________ James Ericson, City Administrator (SEAL) Item No: 7C Meeting Date: May 6, 2015 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Discuss Proposed Code Amendment for Language about Religious Institutions The City Attorney suggested that the City Code be amended to remove language pertaining to religious institutions. In several areas of the Zoning Code where religious institutions are described as a use, the language also includes “such as churches, chapels, temples and synagogues.” The City Attorney recommends that this list of examples be removed so that the Code isn’t inadvertently excluding a type of religious institution that isn’t on this list. There are also a couple places in the code where only the word “church” is used, so the amendment also includes changing church to religious institution. Recommendation Review Resolution 1026-15, amending the City Code to be more general when describing religious institutions. Sincerely, Heidi Heller, Planning Associate Attachments: 1. Resolution 1026-15 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1026-15 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLES 1000 and 1100 OF THE MOUNDS VIEW CITY CODE TO REMOVE LANGUAGE PERTAINING TO RELIGIOUS INSTITUTIONS; SPECIAL PLANNING CASE 197-15 WHEREAS, City staff has recommended that amendments be made to the City Code relating to religious institutions; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation that the list of examples of religious institutions should be removed; and, WHEREAS, City staff has amended Title 1000 of the Mounds View City Code by deleting the stricken language and adding the underlined text as follows: 1008.11 MISCELLANEOUS SIGNAGE REQUIREMENTS AND PROVISIONS Subd. 1. Signage Allowances for Specific Land Uses: Public or semi public recreational buildings and neighborhood and community centers; public and private education institutions limited to elementary, middle and senior high schools; religious institutions, such as churches, chapels, temples, synagogues; nursing homes, senior assisted living facilities and commercial day care facilities; may be allowed the following signage: 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: 1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 1. Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools and religious institutions, such as churches, chapels, temples and synagogues; provided, that: Resolution 1026-15 Page 2 h. Day care center, group nursery or adult day care operating as a secondary or accessory use in a public or semi-public recreational building, neighborhood or community center, public and private educational institution limited to elementary, junior high and senior high schools, and religious institutions, such as churches, chapels, temples and synagogues; subject to the following conditions: 1110.04: CONDITIONAL USES: The following are conditional uses in an R-5 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 1. Improvement, enlargement, extension or alteration of an existing mobile home park. Subd. 2. Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions, such as churches, chapels, temples and synagogues; provided, that: 1114.02: PERMITTED USES: The following are permitted uses in a B-3 District: Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools and religious institutions, such as churches, chapels, temples and synagogues. (Ord. 617, 6-8-98) 1121.08: CALCULATING SPACE: Subd. 1. Fractions of Space: When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. Subd. 2. Places of Assembly: In stadiums, sports arenas, churches religious institutions and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty two inches (22") of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. 1121.13: SCHEDULE OF OFF-STREET PARKING REQUIREMENTS: The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: Resolution 1026-15 Page 3 Church Religious Institution, theater, auditorium At least one (1) parking space for each four (4) seats, based on the design capacity of the main assembly hall. Facilities, as may be provided in conjunction with such buildings or uses, shall be subject to additional requirements which are imposed by this Title. 1121.15: JOINT FACILITIES AND DRIVEWAYS: Subd. 1. Joint Facilities: (2) Up to fifty percent (50%) of the off-street parking facilities required for any use specified under subdivision 1b4 below as primary daytime uses may be supplied by the parking facilities provided by the following: nighttime or Sunday uses, auditoriums incidental to a public or parochial school, churches religious institutions, bowling alley, dance hall, theaters, bar or restaurant. WHEREAS, amending the City Code to remove examples of types of religious institutions would better serve the public; and, 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 Titles 1000 and 1100 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 6th day of May, 2015. ________________________________ Gary Stevenson, Chair ATTEST: ________________________________ James Ericson, City Administrator (SEAL)