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HomeMy WebLinkAbout01-05-2011 PLANNING COMMISSION REGULAR MEETING AGENDA January 5, 2011 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. Oath of Office for re-appointed Commissioner B. Election of Officers – Chair and Vice-Chair 4. Approval of Minutes: A. November 17, 2010 5. 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.) 6. Planning Cases None 7. Other Planning Activity A. Resolution 936-11, B-2, Limited Business Zoning District Amendments B. Review Bylaws 8. Next Planning Commission Meetings: A. January 19, 2011 B. February 2, 2011 9. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. December 15, 2010 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 December 15, 2010 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. December 15, 2010. 2. Roll Call Members Present: Commissioners Cramblit, Meehlhause, Rundle, Schiltgen, and Stevenson. Absent and Excused: Commissioners Miller and Smith. Also Present: Planning Associate Heidi Heller ______________________________________________________________________________ Index to Minutes Page B-2, Limited Business Zoning District Amendments 2 _____________________________________________________________________________ 3. Approval of Minutes November 3, 2010 MOTION/SECOND: Commissioner Schiltgen/Commissioner Meehlhause. To approve the minutes of the November 3, 2010 regular Planning Commission meeting as presented. Ayes – 5 Nays – 0 Motion carried. _____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. _____________________________________________________________________________ Mounds View Planning Commission December 15, 2010 Regular Meeting Page 2 ____________________________________________________________________________ 5. Planning Cases None. ______________________________________________________________________________ 6. Other Planning Activity A. B-2, Limited Business Zoning District Amendments Planning Associate Heller stated that after the last Planning Commission meeting, City Staff discussed with the City Council the idea of adding more permitted and conditional uses to the B- 2 zoning district, including restaurants. The City Council was supportive of the ideas and directed staff to precede with the zoning code amendments. She indicated the amendments include adding the permitted uses of a small restaurant with a maximum of 24 seats and 2,000 square feet in floor area, and auto accessory or parts store with no repairs. The conditional use added would be restaurants with more than 24 seats and/or 2,000 square feet in floor area with no drive thru or pick up window. Chair Stevenson questioned if the corvette accessory shop in Silver View Plaza is in compliance with the zoning code. Planning Associate Heller indicated that the tenant had done a lot of remodeling work to the space before the City was aware of the construction or that a new tenant was moving in. They had not applied for a building permit, which is usually when City Staff learns about new tenants, nor had the property owner asked the City if that use was allowed before leasing the space. Motion from Chair Stevenson to support the amended code as presented. Seconded by Commissioner Meehlhause. Ayes – 5 Nays – 0 Motion carried. 7. Next Planning Commission Meeting: A. January 5, 2011 B. January 19, 2011 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:11 p.m. ______________________________________________________________________________ Mounds View Planning Commission December 15, 2010 Regular Meeting Page 3 ____________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Ken Roberts Community Development Director Transcribed by: Barbara Suciu TimeSaver Off Site Secretarial, Inc. Item No: 6A Meeting Date: January 5, 2011 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Amending Chapter 1113 by Adding More Permitted and Conditional Uses to the B-2, Limited Business Zoning District At the December 15, 2010 Planning Commission meeting, the Commission reviewed the recommended amendments to the allowed and conditional uses in the B-2 zoning code. The Planning Commission agreed to the changes, and made a motion to approve the amendments. Staff has now drafted a resolution for the Commission to act on in support of the amendments to Chapter 1113 of the Zoning Code. Recommendation: Staff recommends that the Planning Commission approve Resolution 936-11, amending Chapter 1113, B-2 Zoning District, in the Mounds View Zoning Code. Sincerely, Heidi Heller Planning Associate Attachments 1. Resolution 936-11 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 936-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1113 OF THE MOUNDS VIEW ZONING CODE TO ADD ADDITIONAL PERMITTED AND CONDITIONAL USES TO THE B-2, LIMITED BUSINESS, ZONING DISTRICT; SPECIAL PLANNING CASE 174-10 WHEREAS, City staff has recommended that more types of uses be added to the B- 2, Limited Business District, Chapter 1113, of the Zoning Code; and, WHEREAS, the Planning Commission agrees with the City Staff recommendation to add more types of uses to the B-2, Limited Business District, Chapter 1113, of the Zoning Code; and, WHEREAS, City staff has amended Chapter 1113 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: Chapter 1113.02: PERMITTED USES: The following are permitted uses in a B-2 District: All permitted uses as allowed in a B-1 Neighborhood Business District Subd. 2. Retail: Limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use. Adult establishment as defined and regulated in Chapter 513 of the Municipal Code. (Ord. 574, 5-13-96) All permitted uses as allowed in the B-1 Neighborhood Business Districts. Antique shop. Art and school supplies. Auto accessory or motor vehicle parts store with no repairs, installations or service work done on any motor vehicles on site, and with no outside sales or storage. Bakery goods and baking of goods for retail sales on the premises. Bicycle sales and repair. Books or stationery stores. Res 936-11 Page 2 Camera and photographic supplies. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks. Coin and philatelic stores. Costume, clothes rental. Delicatessen. Drugstore. Fabric store. Florist shop. Frozen food store but not including a locker plant. Furniture showroom without warehousing. Furriers when conducted only for retail trade on premises. Gift or novelty store. Hardware store. Hobby store, including handicraft classes but not to exceed fifteen (15) students. Ice sales with storage not to exceed five (5) tons. Jewelry stores and watch repair. Leather goods and luggage stores. Liquor, off-sale. Meat market but not including processing for a locker plant. Office supplies and equipment. Plumbing, television, radio, electrical sales and such repair as are accessory use to the retail establishments permitted within this District. Record/music shops. Res 936-11 Page 3 Restaurant, café, and tea room with a maximum of 24 seats and 2,000 square feet in floor area. The restaurant shall not include drive-thru and/or window pick-up services or the serving of food to patrons in their vehicles. Rugs, carpet, tile, paint and wallpaper sales. Shoe stores. Small appliance sales and service. Sporting goods store. Tailor shops. Toy stores. Video rental, sales and service. Wearing apparel. (Ord. 452, 2-27-89; Ord. 487, 6-25-90) 1113.04: CONDITIONAL USES: The following are conditional uses in a B-2 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 10. Restaurants, cafes and tea rooms with more than 24 seats and/or 2,000 square feet of floor area. The restaurant shall not include drive-thru and/or window pick-up services or the serving of food to patrons in their vehicles. WHEREAS, amending the Zoning Code to add more types of permitted uses in the B-2, Limited Business, district will further the purpose of the zoning district, 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 an amendment to Chapter 1113 of the Mounds View Zoning Code to add more permitted uses as defined herein. Res 936-11 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 5th day of January, 2011. ________________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________________ Kenneth Roberts, Community Development Director (SEAL) Item No: 6B Meeting Date: January 5, 2011 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Review the Planning and Zoning Commission Bylaws Introduction: The Planning Commission’s Bylaws state that the Commission shall review the Bylaws on an annual basis. Discussion: The Planning Commission should review the attached Bylaws. Staff is not proposing any changes to the Bylaws. The Planning Commission reviewed and slightly amended the Bylaws in January of 2007. The last change was about the number of absences a commissioner may have in a given year. Recommendation: Adopt the Bylaws for the Planning Commission. If the Commission does not make any amendments or modifications to the Bylaws, then the Commission may readopt them by motion. Sincerely, Heidi Heller Planning Associate Attachment Planning and Zoning Commission Bylaws EXHIBIT A CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised January 24, 2007) I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7 “The Commission shall adopt bylaws for its governance and for the transaction of its business.” Where there is a conflict between the provisions of the Bylaws and the provisions of the City Charter and the Municipal Code, the provisions of the City Charter and the Municipal Code shall govern. (For purposes of simplicity, the Planning and Zoning Commission may hereinafter be referred to as the Planning Commission or the Commission.) II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT: A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of members of the Planning and Zoning Commission appointed as voting members, and shall be placed on file with the City Clerk-Administrator and the Community Development Department. A copy of the bylaws shall be forwarded to the City Council for its information. Any amendments to the Bylaws shall be adopted by Resolution in the same manner as the original Bylaws. B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first regular meeting of the Commission in February. III. MEMBERSHIP AND VACANCIES. Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code, Sections 401.02 and 401.03. IV. OFFICERS A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a chairperson and vice-chairperson. The Commission may create and fill such other offices from its members, as it may determine, to transact Commission business. In addition, the Director of Community Development, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes. City of Mounds View Planning and Zoning Commission - Bylaws Page 2 B. ELECTIONS; TERMS 1. Chairperson: At the first meeting in January, the Commission shall conduct an election in order to make its recommendation for the chairperson, following the procedure in Section IV.B.3. The name of the person recommended for chairperson shall be forwarded to the City Council for action at its next meeting in January. Based upon the recommendation of the Planning Commission, the Mayor, with the approval of the City Council, shall appoint the chairperson of the Commission each year. 2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at its first meeting in January, following the procedure in Section IV.B.3. 3. Election Procedure: For each office, the chairperson shall invite nominations from Planning Commission members. After nominations have been received, the chairperson shall entertain a motion to close nominations. If such motion is made and passed, and more than one nomination has been made, the chairperson shall distribute ballots to the Commission members and each member shall write his or her selection on the ballot. The recording secretary shall tally the ballots and announce the nominee receiving the most votes. In the event of a tie, the recording secretary shall announce the nominees tied in the voting and balloting shall be repeated until an election occurs. If only one nomination has been received, the chairperson may conduct the voting by voice vote. If a majority of the members present vote in the affirmative for the nominee, the nominee shall be elected. 4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at the first meeting in February of each year. 5. Term of Office: The chairperson and vice chairperson shall serve one year terms, and may be re-elected to additional terms in accordance with this Section IV.B. C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the Planning Commission, and shall have the authority to add or cancel regular meetings and to call special meetings as provided in Section VI. The Chair shall have the authority to redirect public comment unrelated to the Commission’s business to the most appropriate City commission or to the City Council. The vice chairperson shall assume the duties of the chairperson, in the absence of the chairperson. In the event of the absence of both the chairperson and vice- chairperson, those members present shall elect a temporary chairperson to preside over the meeting. City of Mounds View Planning and Zoning Commission - Bylaws Page 3 V. COUNCIL LIAISON: The City Council may appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. VI. MEETINGS A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the Commission shall be adopted by Resolution at the first regular meeting in December for the following year. 1. Regular Meetings: Subject to the adopted meeting schedule, the Commission’s regular meetings will occur on the first and third Wednesdays of each month for the purpose of convening public hearings, making recommendations to the City Council, conducting business which requires a vote of the Commission, convening as the Board of Adjustment and Appeals, conducting long-range planning functions and other official business. 2. Agenda Sessions: An Agenda Session is an informal session of the Planning Commission, typically held immediately following adjournment of a Regular or Special meeting, at which time the Planning Commission may review minutes, informally review proposed or pending planning cases or ordinance amendments, discuss previous actions of the City Council or other Commissions, and to perform other matters not requiring a vote of the Commission. 3. Special Meetings: From time to time, special meetings may be called in order to process significant caseloads, to review works in progress such as comprehensive plan updates or municipal code revisions, or to undertake a retreat or strategic planning session, either amongst itself or in the company of the City Council or other commissions. Special meetings can be proposed by any Commission member or at the request of the Director of Community Development, yet must be approved by a majority vote of the Commission. 4. Emergency Special Meetings. Emergency special meetings can be called via written notice to the Director of Community Development by the Chairperson or two Commission members, or by the Director of Community Development. (Emergency special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The Director of Community Development shall post and mail a notice of any special meeting in accordance with State Statutes. Planning Commission members shall be City of Mounds View Planning and Zoning Commission - Bylaws Page 4 notified by telephone and in writing, if possible, at least seven days prior to a special meeting. 5. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or Community Development Director in the event that there are no items of business requiring the attention of the Commission, or for lack of a quorum, or in response to inclement weather or for any other good and sufficient reason. Members of the Commission shall be notified by telephone of any meeting cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS; ADJOURNMENT 1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission, the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director, or his or her designee, shall conduct the election. 2. Open Meeting Law: Meetings shall be conducted in accordance with the State of Minnesota Open Meeting Law (Minn. Statutes 471.705). 3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two- thirds majority of the members present agree to extend the time of adjournment. If there is no objection, the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. D. MINUTES: Minutes shall be recorded for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken by the Planning Commission. Commission members may request copies of approved minutes after they have been corrected, if necessary, and signed as approved. Copies of the approved minutes shall be filed with the Community Development Department. Unapproved minutes shall be clearly marked “DRAFT”; approved minutes shall be marked “APPROVED”. A policy statement regarding the content and format of the minutes shall be on file with the Director of Community Development which may be reviewed from time to time as needed. VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans City of Mounds View Planning and Zoning Commission - Bylaws Page 5 and additional information, as appropriate, for each item placed on the agenda for any regular or special meeting. The Commission packet should be delivered at least four days prior to the meeting. Each Commissioner is responsible for reviewing the material within the packet prior to the meeting. VIII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code, Section 401.07. IX. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the Community Development Director upon the member’s resignation or termination of appointment. X. CONDUCT OF MEMBERS A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member absent from three consecutive regularly scheduled meetings or more than six regularly scheduled meetings per year without the consent of the Commission shall be deemed to have vacated the office, and such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A leave of absence may be granted by the consent of the Commission. B. CONFLICT OF INTEREST: 1. General Standard: No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to the Commission shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in any discussion or action on the matter; alternatively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would substantially affect the Commissioner’s financial interests or those of an associated business, unless the effect on the Commissioner is no greater than on other members of the Commissioner’s business classification, profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission, the Commissioner shall disqualify himself or herself from taking part in any discussion or action on the matter. C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts include meetings with project proponents, residents, property owners, and citizens separate from Commission meetings, communication between Commission members outside the meeting forum, telephone calls or letters which attempt to influence a Commissioner’s opinion on a matter which will be subject to the Commissioner’s vote. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission (e.g. variances), Planning Commissioners shall indicate to the person contacting them that such contact is inappropriate and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. In all other cases, Planning Commissioners should discourage such contacts and should avoid expressing any opinion as to the merits of the case. When ex parte contacts occur, the Planning Commissioner is responsible for notifying the Community Development Director, and for conveying the substance of the communication at the next commission meeting at which the matter discussed is under consideration. _______________________________________ Gary Stevenson, Chairperson ATTEST: _______________________________________ Ken Roberts, Community Development Director Revision History: January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990