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HomeMy WebLinkAbout03-16-2011 PLANNING COMMISSION REGULAR MEETING AGENDA March 16, 2011 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: December 15, 2010 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. IU2011-001 Interim Use Permit for a Temporary Tent at the Mermaid Applicant: Mike Anderson, Mermaid Acquisition Group, Inc. Address: 2200 County Highway 10 6. Other Planning Activity None 7. Next Planning Commission Meetings: A. April 6, 2011 B. April 20, 2011 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. January 5, 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 January 5, 2011 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. January 5, 2011. 2. Roll Call Members Present: Commissioners Stevenson, Cramblit, Meehlhause, Rundle, Schiltgen and Smith Absent and Excused: Commissioner Miller Also Present: Planning Associate Heidi Heller ______________________________________________________________________________ Index to Minutes Page Approval of Minutes 2 B-2, Limited Business District, Zoning Code Amendments 2 Review Bylaws 3 _____________________________________________________________________________ 3. Special Order of Business A. Oath of Office for new Commissioners Planning Associate Heller administered the oath of office to Planning Commissioner Rundle. B. Election of Officers – Chair and Vice-Chair Planning Associate Heller indicated the Planning Commission needed to vote on a Chair and Vice-Chair for 2011. Commissioner Meehlhause nominated Gary Stevenson for Chair of the Planning Commission. Seconded by Commissioner Cramblit. Mounds View Planning Commission January 5, 2011 Regular Meeting Page 2 ____________________________________________________________________________ MOTION/SECOND: Commissioner Meehlhause/Commissioner Cramblit. To appoint Gary Stevenson as Chair of the Planning Commission. Ayes – 6 Nays – 0 Motion carried. Commissioner Cramblit nominated Gary Meehlhause as Vice-Chair of the Planning Commission. Seconded by Commissioner Schiltgen. MOTION/SECOND: Commissioner Cramblit/Commissioner Schiltgen. To appoint Gary Meehlhause as Vice-Chair of the Planning Commission. Ayes – 6 Nays – 0 Motion carried. 4. Approval of Minutes November 17, 2010 MOTION/SECOND: Commissioner Cramblit/Commissioner Schiltgen. To approve the minutes of the November 17, 2010 regular Planning Commission meeting as slightly amended. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases None. ______________________________________________________________________________ 6. Other Planning Activity A. Resolution 936-11; B-2, Limited Business Zoning District Amendments Planning Associate Heller stated 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 additions and made a motion of support for the proposed amendments to Chapter 1113 of the Zoning Code. Mounds View Planning Commission January 5, 2011 Regular Meeting Page 3 ____________________________________________________________________________ MOTION/SECOND: Commissioner Schiltgen/Commissioner Meehlhause. To approve Resolution 936-11; 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. B. Review Bylaws Planning Associate Heller stated the Planning Commission must review the bylaws annually and make any amendments they see fit. She added staff doesn’t propose any changes Commissioner Meehlhause questioned if the City Council appoints a liaison to the Planning Commission. Planning Associate Heller stated she did not think there was a designated liaison to the Planning Commission, but would find out and get back to the Commissioners. The Commission agreed to adopt the bylaws as they stand. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. January 19, 2011 B. February 2, 2011 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:12 p.m. ______________________________________________________________________________ (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: 5A Meeting Date: March 16, 2011 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of an Interim Use Permit for a Temporary Outdoor Membrane Structure Introduction: The Mermaid Acquisition Group, represented by Mike Anderson, has applied to the City for an Interim Use Permit (IUP) to install a temporary outdoor membrane structure (a tent) at the Mermaid. The Mermaid Acquisition Group is part of Anderson Companies, a 30-year old Woodbury-based business that owns several other bowling alleys in Minnesota. Background: In 2003, after the completion of the AmericInn Hotel and the renovation of their existing facility, the Mermaid erected a temporary outdoor membrane structure for banquets, receptions and other events. When the Mermaid first installed the tent the City did not have any zoning regulations to address such a structure. As is typically the case in Zoning Codes, the absence of an allowance or an approved land use constitutes a disallowance. In 2004, the City adopted new provisions for temporary tent structures in business zoned districts, and created an Interim Use Permit (IUP). In March 2005 and again in 2010 the City Council approved a 5-year Interim Use Permit for the Mermaid’s owner (Dan Hall) to have the temporary tent. As of 2011, the Mermaid has new owners, and the current resolution of approval for the IUP states that the approval is void if the ownership changes. Discussion: The process for reviewing and approving an interim use permit (IUP) for a temporary outdoor membrane structure is the same as the process for considering a conditional use permit. That process includes staff scheduling a public hearing and sending notices to property owners within 350 feet of the subject parcel. The specific requirements of the approval process (from the City Code) are: 1. The tent or membrane structure shall comply with all provisions of the Fire Code and receive an annual fire permit issued by the Fire Marshal. An annual fire permit is required for this temporary structure. At the time of fire permit application, the fire marshal will review the application and tent material information, and conduct an inspection post erection. Mermaid IUP Report Page 2 2. The property owner shall annually apply for a Zoning Permit, the duration of which cannot exceed 180 days. The temporary tent can only be erected for a maximum of 180 days per year as stated in the International Building Code. The City and the State consider a structure in use for longer than 180 days a permanent building that would need to meet all building and fire codes. 3. Adequate parking to accommodate the occupancy shall be provided at a ratio of one parking space per 40 square feet of tent area. (The City Council may waive the parking requirement if it can be shown that the site has sufficient existing parking capacity.) The Mermaid’s overall parking demands are satisfied with the available parking and thus the City does not need to require any additional parking this time. 4. The structure may not be located in or on a parking lot displacing parking stalls, unless it can be shown that an adequate amount of parking remains. The tent is and has been located in a courtyard area that is separate from the parking lot. The Mermaid’s tent structure is anchored to a concrete pad so the placement is the same every year and does not violate any setbacks. 5. The tent or membrane structure shall be subject to same building setbacks as the principal building on the lot. No tent or membrane structure shall be allowed instead of or without a principal building. The tent does not encroach into any required setback area. 6. The tent or membrane structure shall be limited in size to 5,000 square feet or 10 percent of the principal buildings’ square footage, whichever is less. The tent is 4,200 square feet and is much less than ten percent of the Mermaid floor area. 7. The membrane or cover shall be constructed of a durable reinforced material to withstand wind and snowloads. There have been no problems with the tent’s reinforced membrane cover to date. The membrane is removed during winter months. 8. The structure shall be anchored to the ground. The tent structure is anchored to the ground as the Code requires. 9. The tent or membrane structure shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. Staff has included this condition in the resolution recommending approval. Mermaid IUP Report Page 3 10. The IUP can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the IUP. Staff has included this condition in the resolution. 11. The IUP would become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period, or if the property undergoes a change of ownership. Again, staff has included this condition in the resolution. Chapter 1125 Considerations: Ordinance 735 indicates that the City may review an IUP application for a tent similarly to a conditional use permit as articulated in Chapter 1125 of the Zoning Code. The chapter requires the Planning Commission to review and address any potential adverse effects that 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. Staff has listed each of these potential adverse effects below along with responses. Relationship with the Comprehensive Plan. Having an outdoor temporary membrane structure at the Mermaid would not be inconsistent with the comprehensive plan, which guides this parcel as regional commercial planned unit development. The Geographical Area Involved. The applicant’s property is part of a nine-acre site with a variety of land uses. The general topography of the site is gently sloping to the south with little variation. The stormwater from the site is routed to a regional stormwater pond west of the Mermaid on the north side of County Road H. Depreciation. Staff is not aware of any property depreciation because of the tent’s existence. The Character of the Surrounding Area. The site is prominently located at the corner of County Road 10 and County Road H. The tent, however, is located within a courtyard area and is screened from all sides but the front by the Mermaid and AmericInn buildings. All of the uses in the general area are commercial or retail with the exception of the Rice Creek Corridor and Ramsey County open space to the south. The Demonstrated Need for Such a Use. The applicant has indicated there is a need for the tent because he is better able to serve his clientele and attract different types of events by having the tent available. The tent has been successful for the Mermaid for over seven years. Mermaid IUP Report Page 3 Summary: The Mermaid has installed the tent in previous years without any issue from a zoning perspective while satisfying all of the ordinance and code requirements. City staff believes the City could approve the request for the same five year time period as has been done in the past, as the owner and operator satisfy all the annual conditions. Due to the new ownership, the Planning Commission may want to consider a shorter time period to make sure there are no problems. The Anderson Companies are not new to owning this type of business and City Staff does not anticipate any issues with their use of the tent at the Mermaid. Recommendation: Review the request for the Interim Use Permit to allow an outdoor temporary membrane structure in the courtyard area at the Mermaid Entertainment and Event Center. Staff is recommending approval of Resolution 937-11, which is attached for your consideration. If the Commission needs more information before taking action, the Commission may table the request pending receipt of the information. Heidi Heller Planning Associate This is a photo of the tent framework without the membrane cover Zoning Map MERMAID & AMERICINN Membrane Structure The Mermaid Site Plan MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 937-11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A TEMPORARY OUTDOOR MEMBRANE STRUCTURE AT THE MERMAID LOCATED AT 2200 COUNTY HIGHWAY 10; PLANNING CASE NO. IU2011-001 WHEREAS, the Mermaid Acquisition Group, represented by Mike Anderson, has applied for an interim use permit for a temporary outdoor membrane structure (temporary tent) at the Mermaid, located at 2200 County Highway 10; and, WHEREAS, the subject property is zoned PUD, Planned Unit Development, and has a Comprehensive Plan future Land Use Map designation of Regional Commercial PUD; and, WHEREAS, the Mounds View Zoning Code allows temporary outdoor tent structures in commercial districts by interim use permit; and, WHEREAS, the Mounds View Staff and the Planning Commission have reviewed the zoning requirements associated with temporary tents in commercial districts and finds that all conditions are satisfied by this request. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact about the interim use permit request: 1. The request is consistent with the Mounds View Comprehensive Plan. 2. The request is consistent with the Mounds View Zoning Code. 3. The size of the structure is within permitted allowances and meets setback provisions. 4. There have been no complaints filed with the City about the use of the tent in the previous years. 5. The applicant has sufficiently demonstrated that a need exists for the temporary outdoor structure. 6. The site has adequate parking area available to meet the demands of the temporary structure. Resolution 937-11 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the interim use permit for an outdoor temporary tent structure at the Mermaid with conditions as follows: 1. The tent or membrane structure shall meet all provisions of the Fire Code and the applicant shall apply for and receive annual fire permits issued by the Fire Marshal and receive a satisfactory inspection after tent is assembled each year. 2. The tent or membrane structure must meet the building code and not be erected for more than 180 days in a calendar year. 3. The tent framework and membrane covering shall be maintained in a good condition. The owner or operator shall correct deficiencies as soon as practicable. 4. The City may review the interim use permit at any time if problems arise that would necessitate revision or termination of the permit. 5. The interim use permit will become null and void if the property owner fails to meet the provisions of the permit, if the structure is removed for more than a one- year period, or if the property undergoes a change of ownership. BE IT FURTHER RESOLVED, that the Mounds View Planning Commission recommends that the permit approval shall remain in force for a period of five years from the date of City Council approval as the conditions above and those of the Zoning Code remain satisfied. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council before approval of the minutes. Adopted this 16th day of March, 2011. _____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ Kenneth Roberts, Community Development Director (SEAL)