Loading...
HomeMy WebLinkAbout04-07-2010 PLANNING COMMISSION REGULAR MEETING AGENDA April 7, 2010 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. January 6, 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 minutes.) 5. Planning Cases A. IU2010-001 Consideration of an Interim Use Permit for the temporary tent at The Mermaid Applicant: Dan Hall, owner Address: 2200 County Highway 10, Mounds View 6. Other Planning Activity A. None 7. Next Planning Commission Meetings: A. April 21, 2010 B. May 5, 2010 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. March 17, 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 March 17, 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. March 17, 2010. 2. Roll Call Members Present: Commissioners Cramblit, Miller, Rundle, Schiltgen, Smith and Stevenson. Absent and Excused: Commissioner Meehlhause. Also Present: Planning Associate Heidi Heller and Community Development Director Roberts. ______________________________________________________________________________ Index to Minutes Page Concept Plan Review for Coventry Senior Living Development 2 2320-2340 Highway 10 and 5260 O’Connell Drive by Select Companies Review Planning Commission Bylaws 3 _____________________________________________________________________________ 3. Approval of Minutes December 16, 2009 MOTION/SECOND: Commissioner Cramblit/Commissioner Rundle. To approve the minutes of the December 16, 2009 regular Planning Commission meeting as slightly amended. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ Mounds View Planning Commission March 17, 2010 Regular Meeting Page 2 ____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. Concept Plan Review for Coventry Senior Living development located at 2320-2340 Highway 10 and 5260 O’Connell Drive, by Select Companies Planning Associate Heller stated Select Companies represented by Greg Johnson, has submitted a concept site plan for Coventry Senior Living. This is a 95 unit senior housing development on three lots on the south side of County Highway 10, just south of County Road H2. The building is projected to have 19 independent living units, 45 assisted living units, 16 memory care units and 16 high acuity living units. If Select Companies were to move forward with an application for this site, there would be three planning actions: rezoning of three properties from B-3 and R- 1 to a PUD; a major subdivision to combine three lots into one parcel; and development review of the site plan and building design. Associate Heller stated in the Comprehensive Plan, this area is designated as Mixed-Use PUD. She indicated the Commission would not be taking any action on this item tonight but asks that the Commission review the site plan. Planning Associate Heller stated the proposed site exceeds the requirements for parking and setbacks. The building design is a three-story building with an underground garage. She indicated there is no wetland in this development area and the applicant would be subject to a park dedication fee based on the Ramsey County tax assessed value of the land, along with a Highway 10 Trail Fee. She added the developer is hosting a neighborhood meeting tomorrow night at 5:00 pm. Commission Cramblit asked about access from Highway 10. Planning Associate Heller stated as proposed, there would not be any access from Highway 10. She added that City Staff had suggested keeping one access from Highway 10, possibly for delivery trucks. Commissioner Miller asked about the 16 high-acuity living units, and what those were. Peter Jesh, One Companies, indicated the 16 high-acuity living units are for individuals that need 24 hour nursing care. He stated the decision to offer this type of unit has not been finalized yet. If they decide not to offer this type of housing, those 16 units would be additional assisted living units instead. He stated the company, Ebenezer, would be the management company for the facility. Ebenezer is part of Fairview Health Systems. Commissioner Cramblit asked Mr. Harstad if he owns all of the properties. Mounds View Planning Commission March 17, 2010 Regular Meeting Page 3 ____________________________________________________________________________ Glen Harstad, the Carwash Company at 2340 Highway 10, indicated he only owns the car wash site. He stated that the new building would shield the neighborhood from Highway 10 and the noise. He added he is very proud to be part of this project. Planning Associate Heller stated the other two parcels are owned by a private person who intended to build an office building for his own company here. That never happened and the properties have been for sale for several years. Chair Stevenson questioned the City-owned corner lot and its salability if this housing development is located in the middle of the larger redevelopment area. Planning Associate Heller stated indicate the city’s lot is a small odd shaped parcel that does not connect well to the senior living properties. Any development on the city’s lot would make more sense if at least the adjacent Taiko Japanese Restaurant site was also included. This would create a larger and better shaped parcel to build on. The proposed senior housing development would probably not hurt future development on the city’s lot. Chair Stevenson asked what will happen with the development site on Groveland. Planning Associate Heller stated the City Council recently re-approved the Groveland site again and Select Companies is still looking for financing. Select Companies has indicated that whichever of the sites can get financing is where they would build the project. City staff assumes that the purchase agreement between Select Companies and the two owners of the Groveland site has probably expired, and the lots remain for sale. Chair Stevenson stated this site will look better with the new development. Commissioner Smith asked about landscaping on the site. Planning Associate Heller stated there will be quite a bit of landscaping. Staff suggested reducing the parking lot drive aisle in order to have more open space between the parking lot and the street for landscaping. She added if any of the Commission wants to look at the Select Senior Living facility in Coon Rapids, it is off Highway 10 and Hanson, and then go south on Hanson about a half mile. This facility has a similar setting with the access through a neighborhood. Community Development Director Roberts asked the Planning Commission if there were any items they would want cleared up before the developer comes back. Chair Stevenson stated the access points into the site should be more decided on. ______________________________________________________________________________ 6. Other Planning Activity Mounds View Planning Commission March 17, 2010 Regular Meeting Page 4 ____________________________________________________________________________ A. Review Bylaws Planning Associate Heller stated the Planning Commission Bylaws state that they should be reviewed on an annual basis at the first regular meeting in February. Because the Commission has not met recently, this is the first chance to review them. She added that staff is not proposing any changes to the current bylaws. MOTION/SECOND: Chair Stevenson/Commissioner Cramblit. To approve the Planning Commission bylaws as presented. Ayes – 6 Nays – 0 Motion carried. Community Development Director Roberts explained the City of Mounds View Code of Conduct and Statement of Values and City Administrator’s staff report that was included in the Planning Commission packets. The League of Minnesota Cities formed a committee to work on drafting a written policy for code of conduct and values for municipalities. The Mounds View City Council adopted these policies on March 8, 2010 for all public officials, commissions, committees and city staff. He stated most of these policies are common sense and already adhered to, but are now in writing and officially adopted for the City of Mounds View. ______________________________________________________________________________ 7. Next Planning Commission Meeting: B. April 7, 2010 C. April 21, 2010 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:55 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: April 7, 2010 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: In 2003, after completion of the AmericInn Hotel construction and renovation of the existing facility, the Mermaid erected a temporary outdoor membrane structure for banquets, receptions and other events. At the time they first installed the tent, there was no zoning regulations to address such a structure, and is typically the case in Zoning Codes, the absence of an allowance 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). The City approved a 5-year Interim Use Permit for the Mermaid’s tent in March 2005. Since that IUP has expired, the Mermaid has applied to the City for a new IUP in order to continue using the tent. Discussion: The process for reviewing and approving an interim use permit for a temporary outdoor membrane structure is the same as the process for 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. 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.) Mermaid IUP Report April 7, 2010 Page 2 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 exactly 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 required. 9. The tent or membrane structure shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. This condition is included in the resolution recommending approval. 10. The IUP can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the IUP. This condition is included 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. Mermaid IUP Report April 7, 2010 Page 3 Chapter 1125 Considerations: Ordinance 735 indicates that a tent IUP application be reviewed similarly to a conditional use permit as articulated in Chapter 1125 of the Zoning Code. The chapter 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 of these potential adverse effects is listed 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 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 for rental. The tent has been successful for the Mermaid for over five years. 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. Since this is the second application for the tent, City staff believes that the City could approve the request for an indefinite time period so long as the owner and operator satisfy all the annual conditions. Given the positive history to this point and the fact that the resolution contains a provision that allows for City review of the IUP at any point, staff is comfortable in recommending an open- ended approval. 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. Mermaid IUP Report April 7, 2010 Page 4 Staff is recommending approval of Resolution 922-10, 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. 922-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A TEMPORARY OUTDOOR TENT STRUCTURE AT THE MERMAID LOCATED AT 2200 COUNTY HIGHWAY 10; PLANNING CASE NO. IU2010-001 WHEREAS, Dan Hall has applied for an interim use permit for a temporary outdoor tent structure 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 related to the conditional 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 satisfy the demands of the temporary structure. Resolution 922-10 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 property owner shall annually apply for a Zoning Permit, the duration of which cannot exceed 180 days in a calendar year. 3. The tent framework and membrane covering shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. 4. The interim use permit can be reviewed at any time by the City 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 indefinitely so long 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 prior to approval of the minutes. Adopted this 7th day of April, 2010. _____________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________ Kenneth Roberts, Community Development Director (SEAL)