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HomeMy WebLinkAbout05-01-2013 PLANNING COMMISSION REGULAR MEETING AGENDA May 1, 2013 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. Recognition of Jean Miller for Her Years of Service on the Planning Commission 4. Approval of Minutes: March 20, 2013 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 A. CU2013-001 Conditional Use Permit for Outdoor Sales and Display Address: 2701 County Road 10 Applicant: Northwood Industries, Hayward, WI B. CU2013-002 Conditional Use Permit for an Auto Repair Business Address: 2975 County Road 10 Applicant: North Metro Motors, Ham Lake, MN 7. Other Planning Activity A. Review Applications for the Planning Commission Vacancy B. City Code Amendment for Cargo Containers 8. Next Planning Commission Meetings: A. May 15, 2013 B. June 5, 2013 9. Review Minutes: A. April 17, 2013 10. Staff Reports A. Upcoming Planning Cases 11. Chairperson and Planning Commissioner’s Reports 12. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 17, 2013 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 17, 2013. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Carvelli-Yu, Elofson, Miller, Rundle, Schiltgen, and Stevenson. Absent and Excused: Commissioner Smith (excused). Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 1 City Code Amendment for Cargo Containers 2 Review City Code to Promote Development & Sustainability 2 _____________________________________________________________________________ 3. Approval of Minutes February 6, 2013. MOTION/SECOND: Commissioner Schiltgen/Commissioner Carvelli-Yu. To approve the Minutes of the February 6, 2013 regular Planning Commission meeting as slightly amended. Ayes – 6 Nays – 0 Motion carried. Mounds View Planning Commission April 17, 2013 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. City Code Amendment for Cargo Containers Planning Associate Heller informed the Commission that Commissioner Carvelli-Yu provided language suggestions, and she suggested additional language be added to the City Code Amendment per the discussion received at the last Planning Commission meeting. She stated Code now read that cargo containers were not allowed permanently within the City, no matter what changes, structural or cosmetic, had been done to the container to make it appear more like a typical accessory building. These language amendments were discussed with the Commission in detail. She questioned how this addition should be added to the Code. The Commission recommended the language be added as an extension to part A of the Code Amendment for Cargo Containers. Associate Heller commented she would make the revisions and bring this back to the Commission on May 1st for approval. ______________________________________________________________________________ B. Review City Code to Promote Development & Sustainability Planning Associate Heller informed the Commission that the Council has requested the Planning Commission review the City Code in order to discuss ways the City can promote development and sustainability, particularly along the County Road 10 corridor. She stated the City Council has been working for over a year on various ways to improve the corridor, and wants to make changes to the City Code that would promote development. Associate Heller asked if the Commission had any comments on the April 1, 2013 Council Worksession. Chair Stevenson was pleased that local developers and real estate agents were able to attend the Worksession. Commissioner Carvelli-Yu requested further information on the PUD process and how this would affect redevelopment. Mounds View Planning Commission April 17, 2013 Regular Meeting Page 3 ________________________________________________________________________ Chair Stevenson indicated PUD’s were a great tool for larger parcel developments. Commissioner Carvelli-Yu then presented the Commission with a handout on the definition of a PUD and questioned if the City had any PUD’s currently in place. Associate Heller reviewed the location of several PUDs within the City, noting the Walgreens, Realife and movie theater developments were each within a PUD. She commented the PUD process allows for some give and take between the developer and the City, and noted that the PUD process typically streamlined the development process. She then discussed PUD agreements noting each PUD had a document on file with the City describing what is and is not allowed on site. Discussion ensued regarding past PUD developments in the City of Mounds View. Commissioner Carvelli-Yu questioned why the parcels along County Road 10 had not been rezoned to PUD to spur development. Chairperson Stevenson stated that there were not many parcels large enough available along the corridor to rezone to PUD, and most are privately owned. Associate Heller indicated the rezoning of property was typically completed in conjunction with a development project, and not prior to. Developers know that rezoning is typically part of the development process. She reviewed different ways that cities can help guide development in certain areas without changing the zoning code. The City of North St. Paul has created a Master Plan for one of their commercial corridors, and designated various district areas to assist with the redevelopment process. She noted the City of Arden Hills has written “guiding plans” for certain zoning districts. Commissioner Carvelli-Yu questioned the minimum size a parcel had to be for a PUD zoning designation. Associate Heller stated a residential PUD was three acres, a senior housing PUD was two acres, and a commercial PUD was five areas. She commented there were very few single parcels along the County Road 10 corridor that fit these requirements. However, there is potential for development along the corridor since there are some willing sellers. Commissioner Carvelli-Yu was in favor of reducing these restrictions to spur redevelopment along the corridor given the fact the parcels were currently fully developed. Chair Stevenson stated he wanted the corridor to have a sense of continuity and with a large number of smaller developments, this may be difficult. Commissioner Carvelli-Yu discussed the potential of combining the Robert’s and sandwich shop parcels for a future redevelopment. She commented that this would make the properties more attractive for potential developers. Mounds View Planning Commission April 17, 2013 Regular Meeting Page 4 ________________________________________________________________________ Associate Heller stated those two parcels combined along with the Premium Stop parcel, would be about a 3-acre site, however; someone would need to purchase two of the properties. She noted the City owns the Premium Stop parcel, and tore down the buildings in order to make the site more attractive for redevelopment. Commissioner Schiltgen recommended the City continue pursuing opportunities to encourage redevelopment of beautification of the corridor. Commissioner Elofson anticipated that the economy would boom in the next several years and he predicted the blighted areas along the corridor would take care of themselves. Chair Stevenson stated the downturn in the economy has partially created the current situation along the corridor. He was in favor of the Commission reconsidering the PUD acreage requirements along with the right-of-way setbacks. Associate Heller commented Staff does speak with potential developers and explained all vacant properties that Staff is aware of are listed on the City’s website. She suggested that the City could begin encouraging property owners along the corridor to improve their buildings and property, and signage as this may help draw future development to the area. Commissioner Carvelli-Yu was in favor of allowing only monument signs along the County Road 10 corridor for future developments. The Commission agreed. Commissioner Carvelli-Yu suggested that the amount of electronic signs along the corridor be limited. Associate Heller indicated the amount per business is already restricted within the City’s current sign code. Commissioner Carvelli-Yu questioned how the Commission should proceed. Associate Heller noted she would forward to the Commissioners a PUD agreement for each member to review. She encouraged the Commissioners to review this information along with the updated Zoning Code. Chair Stevenson recommended the Commission review the PUD size requirements at a future meeting. In addition, he wanted to see monument-style signs required along the corridor for all future signs. He noted building setbacks and parking lots requirements should also be discussed. The Commission was in agreement with these recommendations. Mounds View Planning Commission April 17, 2013 Regular Meeting Page 5 ________________________________________________________________________ Associate Heller thanked the Commission for their discussion and input this evening. She explained the Commission would be meeting quite regularly in the coming months to continue discussions on this topic. Associate Heller indicated the second item up for discussion from the Council was sustainability. She reviewed the current language within the City Code regarding this topic, noting it was extremely brief and hindered property owners who wanted to install solar energy systems. She commented many cities were encouraging the installations of wind, solar or geothermal system s. It was noted that free assistance was available through the end of May to assist the City with rewriting the Zoning Code. She explained that by amending the Code, the City would encourage residents and business owners to be more “green.” Associate Heller encouraged the Commissioners to review the City of Maplewood’s sustainability code as it has been recently updated and would be a good starting point for Mounds View. Staff will bring this portion of the code back to review at a future meeting. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. May 1, 2013 B. May 15, 2013 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:41 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 6A Meeting Date: May 1, 2013 Type of Business: Planning Case City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit for Outdoor Sales and Display at 2701 County Road 10; Planning Case CU2011-001 Introduction: The applicant, Clair Martin with Northwood Industries, is requesting approval of a conditional use permit to have outdoor sales and displays on the property located at 2701 County Road 10. This is the site of the former Hostess Bakery Outlet store. Northwood Industries is based in Hayward, Wisconsin, and manufactures and sells lawn furniture, gazebos, accessory buildings and small cabins. They want to open a store in the Twin Cities metro area and are proposing to use an asphalt area on the southeast side of the parking lot for outdoor sales to display gazebos and sheds. This property is zoned B-3, Highway Business, and the City Code allows outdoor sales as a conditional use in B-3 districts. City Code Requirements: Section 1114.04 (Conditional Uses in the B-3 zoning district) 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. 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. Northwood Industries CUP Report May 1, 2013 Page 2 Section 1125.01, Subd. 1e: The Planning Commission is required to review the possible adverse effects of a requested conditional use. Section 1125.01, Subd. 1g: This section of the City Code states that the Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of the Zoning Code and forward such findings to the City Council. Discussion: Northwood Industries is a lawn furniture and accessory building and small cabin manufacturer. They have a facility and retail store in Hayward, Wisconsin, but participate in many of the large home and garden shows that are held in the Minneapolis and St. Paul area. They want to have a store in the metro area to better serve and be closer to their Twin Cities customers. Northwood Industries plans to lease the currently vacant building that, until a few months ago, had been a Hostess Bakery Outlet store for many years. The building was built in 1973 and is 4,544 square feet. Inside the building there is a large open sales area, and a warehouse/storage area with outside access from two garage doors that are on the southeast side of the building. Since some of Northwood’s products are sheds and gazebos, these would need to be displayed outside. An asphalt parking lot covers almost the entire property, so there is space to designate an area of the parking lot for the accessory building displays and still meet the parking needs for this use. The parking requirement is 13 spaces, and the site plan shows 17 spaces could be available. The City Code states that outside sales connected with the principal use is limited to 30% of the floor area of the principal use. Since the building area is 4,544 square feet in size, Northwood Industries can use 1,363 square feet of space outside for the sales and display area. The submitted site plan shows closer to 2,000 square feet being used, but the applicant will modify the site plan to comply with the area size limit. CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. I have addressed each of these potential adverse effects below. Relationship with the Comprehensive Plan. The Comprehensive Plan encourages existing businesses to remain and grow in the city, along with the introduction of new businesses within Mounds View when compatible with surrounding uses. The City has zoned the property at 2701 County Road 10, B-3, Highway Commercial, and the Comprehensive Plan land use designation for this area is neighborhood commercial. If the requested conditional use permit were approved, this CUP would be in line with the Comp Plan land use designation for this area. Northwood Industries CUP Report May 1, 2013 Page 3 The Location and Character of the Surrounding Area. The property at 2701 County Road 10 is located on the City’s commercial corridor. This business is adjacent to commercial and office uses, along with single family residential in the rear. The applicant is proposing to use some of the asphalt area on the southeast side of the building for the outdoor sales and displays. Depreciation. The proposed outdoor sales and display should not have an adverse effect on surrounding properties. The property was previously a retail bakery store with regular customer traffic and truck deliveries. The traffic patterns and hours of operation should not change much from the previous business, and any noise should be minimal. There is currently a six-foot tall privacy fence along the rear property line to provide screening for the adjacent single family home. The Demonstrated Need for Such a Use. Northwood Industries has a large geographical area from which they draw customers, and now want to locate a second retail store in Mounds View to be closer to their metro area customers. The north metro location with good access, and this specific property with the large parking lot and freestanding building fit their needs. There are no businesses in Mounds View that offer the Adirondack style lawn furniture, and accessory buildings that Northwood Industries sells. Summary: The site plan will need modification to reduce the amount of outside display area uses, but all of the other requirements stated in the Zoning Code are met. After taking testimony from staff and the applicant, the Commission can take one of the following actions related to the request: 1. Recommend approval of the conditional use permit. Resolution 976-13 is attached if the Commission chooses this action. 2. Recommend denial of the conditional use permit. If the Planning Commission selects 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, the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Narrative from Applicant 2. Zoning Map 3. Aerial Photos 4. Site Plan 5. Site Photos 6. Resolution 976-13 Narrative from Applicant Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential W estern Bank County Road 10 Holiday Station N CVS Aerial View Western Bank N Office bldg Office bldg Office bldg Residential Aerial View Proposed display area – the red square shows approximately how much a 1,363 square foot area is N Single family homes Office bldg Western Bank Proposed Site Plan Sunnyside Road County Road 10 Photographic Documentation Outdoor sales area proposed for this area of the parking lot Sunnyside Road Rear of building – Existing wood privacy fence for screening from neighboring single family home Front of building Pedestrian Trail along County Road 10 Shared access drive to County Road 10 & Western Bank Northwest side of building Examples of some products sold by Northwood Industries (www.northwoodoutdoor.com) Proposed display area MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 976-13 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES AND DISPLAYS AT 2701 COUNTY ROAD 10 FOR NORTHWOOD INDUSTRIES; PLANNING CASE CU2013-001 WHEREAS, Clair Martin with Northwood Industries, has applied for a conditional use permit for outdoor sales and displays at 2701 County Road 10; and, WHEREAS, the subject property, located at 2701 County Road 10, is zoned B-3, Highway Business, and legally described as follows: Subject to Highway Easements, Except the Northeasterly 150 feet of Lot 106 and Lot 107, Spring Lake Park Hill View, Ramsey County, Minnesota PIN 06-30-23-43-0028 WHEREAS, the Mounds View Zoning Code conditionally allows outdoor sales in B-3 zoning districts; and, WHEREAS, the Planning Commission has reviewed the following documents about this proposal: 1. Staff Report 2. Zoning Map 3. Photographic documentation 4. Site Plan NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed outdoor sales meets the requirements as outlined in Chapters 1114 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the outdoor sales would be a type of land use that is consistent with the “commercial” land use designation for the subject property. 3. The outdoor sales would not be out of place given the existing commercial character of the surrounding area. 4. The proposed outdoor sales should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists. Resolution 976-13 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for outdoor sales and displays, with conditions as follows: 1. The outdoor sales and display area is limited to a maximum of 1,363 square feet in the parking lot. 2. All outdoor sales and displays must always be placed on a hard surface. 3. This Conditional Use Permit may be reviewed by the City Council if any problems develop, or if there are any changes to the operation deemed substantial enough to warrant such a review, in the estimation of the Community Development Director or the City Council. NOW THEREFORE, BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. NOW THEREFORE, 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 1st day of May, 2013. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 6B Meeting Date: May 1, 2013 Type of Business: Planning Case City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit for an Auto Repair Business at 2975 County Road 10; Planning Case CU2012-002 Introduction: The applicant, Jacob Marrs with North Metro Motors, is requesting approval of a conditional use permit to operate an auto repair business at 2975 County Road 10. This property is zoned B-3, Highway Business. The applicant has a purchase agreement for the property which was formerly a “Thrifty Car Rental” and is planning to open a second location of his auto repair business in Mounds View. Requirements: Section 1125.01, Subd. 1e: The Planning Commission is required to review the possible adverse effects of the requested conditional use. Section 1125.01, Subd. 1g: which states that the Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of the Zoning Code and forward such findings to the City Council. Chapter 1114: B-3, Highway Business District Section 1114.04: Conditional Uses: Subd. 3. Motor fuel station, auto repair, minor and tire battery stores and service; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. c. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. d. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. North Metro Motors CUP Report May 1, 2013 Page 2 e. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. f. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title. h. Wherever fuel pumps are to be installed, pump islands shall be installed. i. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. j. Each light standard island and all islands in the parking lot shall be landscaped or covered. k. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code. n. Provisions are made to control and reduce noise. o. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. p. No outside sale or service except as allowed in compliance with subdivision 5 of this Section shall exist. q. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. s. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. North Metro Motors CUP Report May 1, 2013 Page 3 Discussion: North Metro Motors plans to purchase the property at 2975 County Road and open an automotive repair shop. They currently operate an auto repair and bodywork shop in Ham Lake, and the Mounds View store would be their second location, but with only auto mechanical work. No body work or painting would be done at the Mounds View location. The property at 2975 County Road 10 is zoned B-3, Highway Business, and 0.58 acres in size. The 1,421 square foot building was built in 1959 and has always been auto-related businesses, most recently as a Thrifty Car Rental. The building has two garage bays and an office/sales area. There is room for more than twenty parking spaces in the existing parking lot. The CUP will remain in effect indefinitely so long as there are no changes to the operation, and there have been no problems or reasons which would warrant the City Council to re-examine the CUP. CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each potential adverse effect is addressed below. Relationship with the Comprehensive Plan. The Comprehensive Plan encourages existing businesses to remain in the city along with the introduction of new businesses within Mounds View when compatible with surrounding uses. 2975 County Road 10 is zoned B-3, Highway Business and has always been used for auto related businesses, and is designated as “Neighborhood Commercial” in the Comp Plan. If the requested conditional use permit were approved, this CUP would be in line with the Comp Plan land use designation for this site. The Location and Character of the Surrounding Area. The property is located on the northwest corner of County Road 10 and Spring Lake Road. It is immediately adjacent to single and two- family residential land uses. Across County Road 10 there are commercial uses, including an auto repair and sales business (which are in Spring Lake Park). All traffic for this business will be using Spring Lake Road for access. This property has been various types of automotive businesses since it was built in 1959, and the proposed auto repair business should not change the existing character of the neighborhood. Depreciation. A car rental business purchased the property in 1999, but the building has been mostly unused for the last couple of years. The auto repair business will be a more intense use than car rentals, and will likely bring more regular traffic to the site. The applicant plans to paint the building and sealcoat and stripe the parking lot. There is an existing privacy fence on the north and west sides to screen the adjacent duplex homes from the business. The new business will be a change from how quiet this site has been over the last couple of years, and there hasn’t been an auto repair business here for over fourteen years. If the new business maintains the property and limits the amount of vehicles parked on-site, any adverse effects upon the surrounding area should be minimal. North Metro Motors CUP Report May 1, 2013 Page 4 The Demonstrated Need for Such a Use. The applicant is proposing an auto repair business. There are three other businesses in the city that offer auto repair services (35W Auto Repair, Pat’s Muffler and Tires N’ More). The proposed North Metro Motors business appears to be providing the same or similar services as the other auto repair businesses in Mounds View, but they have a strong business and feel this is a good option for their second location. Summary: The parking requirements are met as nine parking spaces are required and there are at least 20 spaces on the site. The lot meets the minimum size and square footage requirements. Water runoff from the site will drain to the ditch along County Road 10. Staff recommends approval of this conditional use permit with conditions. Recommendations: After taking testimony from staff and the applicant, the Commission can take one of the following actions related to the request: 1. Recommend approval of the conditional use permit. Resolution 977-13 is attached if the Commission chooses this action. 2. Recommend denial of the conditional use permit. If the Planning Commission selects 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, the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Narrative from Applicant 2. Zoning Map 3. Aerial View 4. Photos of site 5. Resolution 977-13 North Metro Motors is complete car care center. The services that we currently offer are mechanical work, paint and body work, towing, and auto sales. We are a very small business with only 6 employees however; we have a very large workload. That is where the second location comes into play. We would like to hire more employees to increase productivity this is why we are looking to expand our business to the Mounds View location. Our plan for the Mounds View location is to offer mechanical work and towing services only. We are hoping to add at least 2 more employees to staff the new location. Our plans for the Mounds View location for the building and property would be to re-sign and paint the building, and seal coat and stripe the parking lot. Narrative from Applicant 6. Properties not bearing a designation are zoned R-1, Single Family Residential Zoning Map Spring Lake Park (white area) N Aerial View N Photos Entrance off Spring Lake Road Spring Lake Road House faces Spring Lake Road Rear of building MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 977-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTO REPAIR STORE AT 2 975 COUNTY ROAD 10; PLANNING CASE NO CU2013-002 WHEREAS, Jacob Marrs with North Metro Motors, has applied for a conditional use permit to operate an auto repair store at 2975 County Road 10; and, WHEREAS, the subject property is zoned B-3, Highway Business, and is legally described as follows: AUDITOR’S SUBDIVISION NO. 89, SUBJECT TO RD; THE E 166 FT OF PART NEWLY OF HWY OF LOT 13, RAMSEY COUNTY, MN PIN 06-30-23-23-0045 WHEREAS, the Mounds View Zoning Code conditionally allows auto repair stores in B-3 and higher zoning districts; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Comprehensive Plan 2. Zoning Map 3. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed auto repair store meets the requirements as outlined in Chapters 1114 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the auto repair store use is consistent with the Neighborhood Commercial land use designations for this area. 3. The proposed auto repair store would not be out of place given it is located on County Road 10, which is the main commercial corridor in the City. 4. The proposed auto repair store is located on County Road 10, the City’s commercial corridor. The property has been auto-related uses since 1959, and should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists. Resolution 977-13 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the auto repair store at 2975 County Road 10, with conditions as follows: 1. Hours of operation shall not exceed 7am to 8pm Monday through Friday, and 9am to 3pm on Saturdays and Sundays. 2. The property and/or business owner must always keep and maintain a privacy fence along the west and north sides of the property to provide screening for the adjacent residentially zoned properties. 3. Service of vehicles shall only be performed inside the building. 4. All motorized or power equipment, such as generators, air compressors and the like, shall be installed, stored, utilized and operated inside the building. 5. Service and overhead doors should be kept closed in order to minimize noise nuisances to the neighborhood. 6. There shall be no outside storage allowed without the prior approval of an amendment to this conditional use permit. 7. No vehicles or trailers shall be parked on unimproved surface on the property at any time. 8. This Conditional Use Permit may be reviewed by the City Council if any problems develop, or if there are any changes to the operation deemed substantial enough to warrant such a review, in the estimation of the Community Development Director or the City Council. NOW THEREFORE, BE IT RESOLVED that all other Conditional Use Permits on file with this property pertaining to previous uses shall hereby be revoked, rescinded and considered null and void because the provisions pertaining to those uses are longer being observed. NOW THEREFORE, BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. NOW THEREFORE, 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. Resolution 977-13 Page 2 Adopted this 1st day of May 2013. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 7A Meeting Date: May 1, 2013 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Review Applications for Planning Commission Vacancy Longtime Commissioner Jean Miller is resigning from the Planning Commission. The remaining time of Jean’s three year term needs to be filled. The City advertised the vacancy, with applications due on April 22, 2013. Staff received three applications. The Planning Commission should review the applications, meet the candidates and a ballot vote will be taken during the meeting. The results of the vote will be the recommendation that the Planning Commission submits to the City Council, who will make the official appointment on May 13, 2013. Sincerely, Heidi Heller Planning Associate Attachments: 1. Application from Keith Cramblit 2. Application from Julianne Love 3. Application from Valerie Amundsen Item No: 7B Meeting Date: May 1, 2013 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Proposed Code Amendment for Accessory Buildings - Cargo Containers Discussion: At the January 2, 2013 Planning Commission meeting, the Commission agreed with staff that shipping containers are not appropriate as a permanent use in residential districts, but felt that there are situations where these, or other types of portable storage containers (such as PODS), could be allowed temporarily. The Commission supported allowing the containers for short periods of time, but not for permanent use, and also recommends not allowing the existing cargo containers in the City to remain as non-conforming. Staff reviewed this code amendment with the City Council at the March 4, 2013 Worksession, and the Council is supportive of moving forward with this amendment. The Planning Commission has continued to review the proposed language, and Staff has now put together the final language in a resolution for the Planning Commission to take action on. Once the resolution is approved by the Planning Commission, Staff will then put the amendments into ordinance format and take it to the City Council for a public hearing and two readings. Recommendation: Review Resolution 978-13, and recommend changes, or take action to approve the resolution which would then be forwarded to the City Council in ordinance format. Respectfully submitted. Heidi Heller Planning Associate Attachments: 1. Resolution 978-13 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 978-13 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO THE CITY CODE TITLE 1100 REGULATING THE USE OF CARGO CONTAINERS IN THE CITY; SPECIAL PLANNING CASE 186-13 WHEREAS, the use of cargo containers for accessory buildings, sheds, storage, and other purposes has increased within the City causing in some instances a blight; and, WHEREAS, cargo containers due to their size and industrial appearance, are not appropriate for use as permanent accessory buildings or storage sheds in residential districts; and, WHEREAS, in order to protect the health, safety and welfare of its residents, the City proposes to regulate and provide for the use of such cargo containers; and, WHEREAS, City Staff has recommended that definitions and regulations for cargo containers be added to the City Code; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to add definitions and regulations for cargo containers; and, WHEREAS, City staff has amended Chapter 1102 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 1102.02: DEFINITIONS: The following words and terms, wherever they occur in this Code, shall be defined as follows: Subd. 14. CARGO CONTAINER: An article of transport equipment which falls into any of the following categories: a. Originally, specifically or formerly designed for or used in the parking, shipping, movement, transportation or storage of freight, articles, goods or commodities; and/or, b. Designed for or capable of being (1) mounted or moved on a rail car, or (2) mounted on a chassis or bogie for movement by a truck trailer, or (3) loaded on to a ship; and/or, c. A prefabricated metal structure designed for use as an individual shipping container or a metal structure designed and built for use as an enclosed truck trailer. Subd. 97. PERMANENT: Means a period of time that exceeds six (6) months. Subd.121.TEMPORARY: Means a period of time that does not exceed six (6) months. Resolution 978-13 Page 2 WHEREAS, City staff has amended Chapter 1103 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: CHAPTER 1103 GENERAL BUILDING REQUIREMENTS SECTION: 1103.01: Purpose 1103.02: Dwelling Unit Restrictions 1103.03: Platted and Unplatted Property 1103.04: Solar Energy Systems and Structures 1103.05: Wind Generator Systems 1103.06: Accessory Buildings, Uses and Equipment 1103.07: Drainage 1103.08: Fencing, Screening and Landscaping 1103.09: Glare 1103.10: Smoke, Dust and Odors 1103.11: Noise 1103.12: Refuse 1103.13: Storage of Equipment and Materials 1103.14: Liquid or Solid Wastes 1103.15: Toxic or Noxious Matter 1103.16: Explosives 1103.17: Underground Storage Tanks 1103.18: Satellite Dish Antennas 1103.19: Cargo Containers 1103.19 CARGO CONTAINERS Subd. 1. Permitted Locations and Prohibitions: a. Cargo containers may not be placed, stored or used permanently on any property zoned for residential use. Cargo containers with alterations, such as cosmetic or structural changes done in order for the container to appear more like a typical accessory building, are not allowed permanently on residential property. b. Cargo containers may be placed, stored or used for temporary storage on property zoned for residential use. Each residential property may use only one cargo container at a time. Subd. 2. The following standards shall apply to all cargo containers: a. Cargo Containers shall not be stacked on one another. b. Cargo containers shall not be used for human habitation or commercial purposes, and shall not be provided with refrigeration, heating, electricity or plumbing. c. Refuse and debris shall not be stored in, against, on or under the cargo container. Resolution 978-13 Page 3 d. The cargo container may not occupy any required off-street parking spaces or loading/unloading areas or fire lanes in any district. e. The cargo container shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, and/or access driveways. f. The cargo container shall be placed on an asphalt or concrete surface and be located a minimum of fifteen (15) feet from the edge of the street. g. The cargo container shall be structurally sound, stable, and in good repair. Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property. The City shall provide notice to the owner of the property where the cargo container is located of any condition in violation of this section. After notice to the property owner, any cargo container stored or kept in such a manner deemed a dangerous condition and a public nuisance as determined by the City may be immediately removed by the City. Any cost or expense associated with the removal shall be the responsibility of the property owner where the cargo container is located. Subd. 3. Current Violations – Time to Comply: Cargo containers located on residential property prior to the effective date of this ordinance are considered illegal. All property owners within the City shall have 6 months from the effective date of this ordinance to bring the properties, which currently contain cargo containers that are in violation of the terms of this Chapter, into full compliance with the provisions of this Chapter. WHEREAS, City staff has amended Chapter 1106 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District: 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. WHEREAS, amending the City Code to add definitions and regulations for cargo containers would better serve the public and would clarify the zoning requirements; 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 Chapters 1102, 1103 and 1106 of the Mounds View City Code to add regulations as defined herein. Resolution 978-13 Page 4 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 1st day of May, 2013. ________________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________________ James Ericson, City Administrator (SEAL)