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HomeMy WebLinkAbout08-01-2012 PLANNING COMMISSION REGULAR MEETING AGENDA August 1, 2012 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: May 2, 2012 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 A. ZR2012-001: B-1, Neighborhood Business, Zoning Review of an Accessory Use Applicant: Ahmad Muqbil Address: Sam’s Market 2408 County Road I 6. Other Planning Activity A. Discuss Acceptability of “Hospice” Uses in the Zoning Code 7. Next Planning Commission Meetings: A. August 15, 2012 B. September 5, 2012 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. June 6, 2012 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 6, 2012 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 June 6, 2012. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Cramblit, Miller, Rundle, Schiltgen and Stevenson. Absent and Excused: Commissioners Meehlhause and Smith. Also Present: ______________________________________________________________________________ Planning Associate Heidi Heller. Index to Minutes Page Approval of Minutes 1 VR2011-001. Consideration of Reduced Driveway Setback Variance 2 Extension Requests _____________________________________________________________________________ 3. Approval of Minutes April 18, 2012. MOTION/SECOND: Commissioner Cramblit/Commissioner Schiltgen. To approve the Minutes of the April 18, 2012 regular Planning Commission meeting as slightly amended. Ayes – 5 Nays – 0 Motion carried. Mounds View Planning Commission June 6, 2012 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. VR2011-001, VR2011-002, VR2011-003, VR2011-004, VR2011-005: Reduced Driveway Setback Variance Extension Requests Applicant: Mike Kinyon Addresses: 5330-5332 Raymond Avenue 5338-5340 Raymond Avenue 5344-5346 Raymond Avenue 5372-5374 Raymond Avenue 5380-5382 Raymond Avenue Planning Associate Heller explained that in June of 2011, Michael Kinyon was granted variances to permit the new driveways at five of his side-by-side duplexes on Raymond Avenue to have one and three-foot setbacks from the north and south property lines. Mr. Kinyon will be adding attached garages to the rest of his duplexes, one on each end of the building, along with new driveways to replace the existing gravel. The lots are all 100 feet wide so only a single car garage will fit, but the owner is installing new driveways that are wide enough for two cars to park next to each other. Associate Heller indicated that Mr. Kinyon applied for all five driveway variances in 2011 because the City was reconstructing Raymond Avenue that year, which included installing new curbs and driveway aprons. Mr. Kinyon knew he would not have all five garages and remodels completed for approximately five years, but wanted to have the wider driveway aprons installed during the street project rather than tearing up the new curbs later to widen the curb cut. City Code states that a variance approval becomes void if the work is not complete within one year, but the applicant may request an extension from the Planning Commission. Associate Heller commented that Mr. Kinyon was making the request that the variances be extended for another year. He intends to remodel one of the buildings this year, and one each year for the next four years. She requested the Commission discuss this issue and provide comment on if the variances could be extended going into the future. Staff requests that the Planning Commission pass Resolutions approving the one-year extensions for the reduced driveway setback variances for the properties owned by Mr. Kinyon. Commissioner Cramblit questioned when the curb cut would be completed. Associate Heller stated the Raymond Avenue street reconstruction was completed in 2011. Chair Stevenson asked when the garages would be complete. Mounds View Planning Commission June 6, 2012 Regular Meeting Page 3 ________________________________________________________________________ Associate Heller stated five buildings were complete at this time, there was a recent building permit application for another building, and the remaining would be completed, hopefully one property per year. She felt the Commission would be in favor of allowing the extensions for a couple more years. Chair Stevenson was in favor of having the driveways completed within one year of the garage/remodel of the property. Associate Heller commented that the new driveways were included as part of the remodeling project when the garages were added. Chair Stevenson did not object to the extensions for the next five years. He indicated that if the work was not being completed in a timely manner, the Planning Commission could review the matter further and reconsider the variance extensions. Commissioner Miller questioned if the extension this evening could be made for five years, instead of one year. Associate Heller stated the City Code only allows for a one year extension and that only four properties would need extensions next year and then three properties the following year. Chair Stevenson opened the public hearing at 7:15 p.m. Chair Stevenson closed the public hearing at 7:15 p.m. MOTION/SECOND: Commissioner Schiltgen/Commissioner Cramblit. To approve Resolution 963-12, a Resolution Recommending Approval of a one-year extension for the reduced driveway setback variance at 5330-5332 Raymond Avenue; Planning Case No. VR2011-001. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Schiltgen /Commissioner Cramblit. To approve Resolution 964-12, a Resolution Recommending Approval of a one-year extension for the reduced driveway setback variance at 5338-5340 Raymond Avenue; Planning Case No. VR2011-002. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Schiltgen /Commissioner Cramblit. To approve Resolution 965-12, a Resolution Recommending Approval of a one-year extension for the reduced driveway setback variance at 5344-5346 Raymond Avenue; Planning Case No. VR2011-003. Ayes – 5 Nays – 0 Motion carried. Mounds View Planning Commission June 6, 2012 Regular Meeting Page 4 ________________________________________________________________________ MOTION/SECOND: Commissioner Schiltgen /Commissioner Cramblit. To approve Resolution 966-12, a Resolution Recommending Approval of a one-year extension for the reduced driveway setback variance at 5372-5374 Raymond Avenue; Planning Case No. VR2011-004. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Schiltgen /Commissioner Cramblit. To approve Resolution 967-12, a Resolution Recommending Approval of a one-year extension for the reduced driveway setback variance at 5380-5382 Raymond Avenue; Planning Case No. VR2011-005. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. June 20, 2012 B. TUESDAY, July 10, 2012 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:20 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: 5A Meeting Date: August 1, 2012 Type of Business: Business City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Zoning Review for a Proposed Accessory Use in a B-1, Neighborhood Business, District; Planning Case ZR2012-001 Introduction: Ahmad Muqbil leases space in the building at 2408 County Road I and runs Sam’s Market, a small neighborhood convenience grocery store. This property is zoned B-1, Neighborhood Business. Mr. Muqbil is planning to expand the grocery store into the other half of the building, and wants to add a small cooking area (approximately 8’x8’) with a grill and fryer in order to sell hot, prepared food, such as burgers and fries. The food will only be sold for take- out, no tables or chairs will be added to the store. In 2010, when the B-1 zoning code was amended, the following statement was added under permitted uses: The City will allow uses similar to those listed above in this Section if the proposed use would not create a nuisance and if the use would not be noxious or hazardous. The City Council shall review uses that are not clearly similar to those listed in this Section for a determination of compatibility. City Staff is requesting that the Planning Commission review the proposed accessory use of a cooking area with a grill and fryer in a convenience grocery store to determine whether it would be an acceptable use at Sam’s Market. Discussion: According to the Zoning Code, the purpose of the B-1 district is as follows: The purpose of the B-1, Neighborhood Business District, is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods for the surrounding neighborhoods and are not intended to draw customers from the entire community. The property at 2408 County Road I has a building that is about 4,800 square feet and has 21 parking spaces (with room for a few more). The surrounding neighborhood includes single family homes, apartment buildings and an office building that is zoned B-3, Highway Business. Besides a convenience grocery store, the only other food uses that are allowed in a B-1 district are candy and ice cream type stores. The applicant’s proposal for a cooking area is only a small area of the store and would not be the primary use of the property. Zoning Review for Sam’s Market August 1, 2012 Page 2 The Planning Commission should consider if this proposed use is too dissimilar from other B- 1 permitted uses and would be too intense for this property, or would it be compatible as an accessory use to the grocery store and not disrupt the primarily residential neighborhood? Recommendation: The Commission should review and discuss if the proposed additional take-out food cooking area would be an appropriate use for this property and neighborhood. Staff has prepared Resolution 968-12 that recommends approval of the proposed accessory use at Sam’s Market, 2408 County Road I, zoned B-1, Neighborhood Business. Sincerely, Heidi Heller Planning Associate Attachments 1. Zoning Map 2. Aerial View 3. Resolution 968-12 Zoning Map Aerial View of 2408 County Road I Edgewood Drive Sam’s Market Vacant space MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 968-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL TO ALLOW 64 SQUARE FEET OF COOKING AREA IN SAM’S MARKET AT 2408 COUNTY ROAD I, PLANNING CASE ZR2012-001 WHEREAS, Ahmad Muqbil is the operator of Sam’s Market, a neighborhood convenience grocery store at 2408 County Road I, a property zoned B-1, Neighborhood Business and legally described as; Greenfield Plat 2, Except the North 10 feet of Lot 1 & Lot 2, Block 3 PIN 08-30-23-21-0047 WHEREAS, in addition to the permitted uses listed in the B-1 Zoning Code, the Code states: The City will allow uses similar to those listed above in this section if the proposed use would not create a nuisance and if the use would not be noxious or hazardous. The City Council shall review uses that are not clearly similar to those listed in this section for a determination of compatibility. WHEREAS, the Planning Commission has reviewed the proposal to add a 64 square foot cooking area to be able to sell hot foods inside the convenience grocery store, and; NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission concurs that a 64 square foot accessory cooking area in Sam’s Market would be a compatible accessory use in the neighborhood grocery store at 2408 County Road I. 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 August, 2012. __________________________________ Gary Stevenson, Chairperson ATTEST: __________________________________ James Ericson, City Administrator (SEAL) Item No: 6A Meeting Date: August 1, 2012 Type of Business: Discussion City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Discussion about Acceptability of “Hospice” Uses in the Zoning Code Introduction: City staff recently met with representatives of a non-profit that is looking for a site in the north metro area to build a children’s respite care and hospice facility. There are currently no children’s hospice facilities in Minnesota, and only three of them in the country. They are common in Canada and Europe. Staff reviewed the zoning code to see if and where a facility like this could locate in Mounds View. The zoning code does not specifically address hospice facilities, but does address nursing homes as a conditional use in R-4, High Density Residential, zoning districts. Staff is requesting the Planning Commission discuss how a hospice use could be incorporated into the zoning code. Discussion: Few, if any cities, address hospice facilities in their zoning codes. But most or all cities have provisions for nursing homes. Higher density residential zoning district is typically where most cities zoning codes include nursing homes, including Mounds View’s code. The Mounds View R-4 Zoning Code currently states: Chapter 1109.04 Conditional Uses: Subd. 2. Nursing homes and other senior congregate housing, but not including hospitals, sanitariums or similar institutions. A definition of “nursing home” states: Managed care. A licensed facility which provides general long-term nursing care to those who are chronically ill or unable to handle their own necessary daily living needs; NHs are staffed by nurses, and have a physician on call. A definition of “hospice” states: A model of care that focuses on relieving symptoms and supporting patients with a life expectancy of six months or less. Hospice involves an interdisciplinary approach to provide medical care, pain management and emotional and spiritual support. The emphasis is on comfort, not curing. It can be provided in the patients home as well as freestanding hospice facilities, hospitals, nursing homes and other long-term care facilities. Also Known As: Hospice Care, Palliative Care, End-of-Life Care Hospice Facility Zoning Discussion August 1, 2012 Page 2 The term nursing home is not specific to only elderly people. The Mounds View code was probably written with the intention of nursing homes being used for the elderly, but the general effect to the neighborhood from a nursing home or hospice facility for either elderly or children would be very similar. Neither facility would generate a lot of traffic or noise. Recommendation: The Planning Commission should discuss the zoning acceptability for hospice uses. Staff is not recommending any code amendments be made at this time. This discussion is simply to help give staff direction if the group decides to look further into finding a site in Mounds View. Sincerely, Heidi Heller Planning Associate