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HomeMy WebLinkAbout05-19-2010 PLANNING COMMISSION REGULAR MEETING AGENDA May 19, 2010 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. April 21, 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. CU2010-002 Consideration of a Conditional Use Permit for an Outdoor Sales- Farmer’s Market at 2430 Highway 10 (Wynnsong CarmikeTheater lot). Applicant: Amaya Basumatary, PMY Management Address: Mounds View, MN 6. Other Planning Activity None 7. Next Planning Commission Meetings: A. June 2, 2010 B. June 16, 2010 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. May 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 May 5, 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. May 5, 2010. 2. Roll Call Members Present: Commissioners Cramblit, Meehlhause, Miller, Rundle, Schiltgen, Smith and Stevenson. Absent and Excused: None. Also Present: Planning Associate Heidi Heller and Community Development Director Ken Roberts ______________________________________________________________________________ Index to Minutes Page TX2010-001 Consideration of an Amendment to the Zoning Code to add “Thrift Store” as a Permitted Use in the B-1, Neighborhood Business Zoning District. 2 CUP2010-001 Consideration of a Conditional Use Permit for an Oversize Garage at 7406 Spring Lake Road 3 _____________________________________________________________________________ 3. Approval of Minutes April 7, 2010 MOTION/SECOND: Commissioner Cramblit/Commissioner Miller. To approve the minutes of the April 7, 2010 regular Planning Commission meeting as slightly amended. Ayes – 7 Nays – 0 Motion carried. _____________________________________________________________________________ Mounds View Planning Commission May 5, 2010 Regular Meeting Page 2 ____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. TX2010-001 Consideration of an Amendment to the Zoning Code to add “Thrift Store” as a Permitted Use in the B-1, Neighborhood Business, Zoning District. Applicant: Dawn Huffman Planning Associate Heller stated the applicant Dawn Huffman has applied for a zoning code text amendment to add “thrift Store” as a permitted use in the B-1, Neighborhood Business district. The applicant is asking for the code amendment so she may open a thrift store in the vacant space at 2408 County Road I. At the last meeting, there was discussion about expanding the B-1 zoning district permitted uses. The Planning Commission requested that City Staff bring back a list of new additional uses based on the recommendation from the Commissioners. Associate Heller read the list of proposed new permitted uses. Commissioner Miller asked if the specific request from the applicant should be a separate resolution from the zoning code amendment. Chair Stevenson questioned if the thrift store will be a permitted use, then why is the applicant requesting a text amendment. Community Development Director Roberts stated that this amendment is a result of Ms. Huffman’s request for the additional permitted use. The Planning Commission resolution references the applicant in order to acknowledge that there was a request made. Associate Heller stated that city code amendments are done by ordinance, so in this case, only the Planning Commission passes a resolution with the applicant’s name in it. The City Council will see an ordinance with only the language proposed for the city code. She stated that the applicant’s name would not appear in the actual city code. Commissioner Meehlhause questioned a repair store being a permitted use, and has a concern about gas powered equipment repairs being done here. Associate Heller stated the language proposed for the code amendment specifically excludes motorized vehicle or gas powered equipment repairs. This use was added with the intention of allowing businesses such as a clock or home appliance repair shop. MOTION/SECOND: Commissioner Schiltgen/Commissioner Cramblit. Approving Resolution 924-10 for an Amendment to Chapter 1112.02 of the Mounds View Zoning Code to Add Additional Permitted Uses to the B-1, Neighborhood Business, Zoning District; Planning Case TX2010-001 Mounds View Planning Commission May 5, 2010 Regular Meeting Page 3 ____________________________________________________________________________ Ayes – 7 Nays – 0 Motion carried. B. CU2010 Consideration of a Conditional Use Permit for an Oversize Garage at 7406 Spring Lake Road. Applicant: Jason and Darcie Kramber Planning Associate Heller stated the applicants, Jason and Darcie Kramber, are requesting approval of a conditional use permit to construct an oversized garage on their property at 7406 Spring Lake Road. The Krambers own this vacant lot and plan to build a new home with a 3 car garage that has extra storage space. The applicants have submitted new house plans that include a garage that is larger than what the city code allows. The City limits the size of accessory buildings, whether attached or detached from the house, to a maximum of 952 square feet. The applicants are proposing a 1,020 square foot garage. Associate Heller stated the garage would be a side entry style and the garage doors would not face the street. She indicated this garage is in line with the Comprehensive Plan, and should not cause any depreciation to surrounding properties. Staff has reviewed the plans and recommends approval of the conditional use permit. Chair Stevenson has concerns for construction materials and construction vehicles that will be stored in the garage. He stated this proposed square footage is not much larger than the 952 allowed square feet. Commissioner Cramblit questioned the space above the garage and the usage of the space as an office for a business. Associate Heller stated it was a bonus room and accessible only through the house. MOTION/SECOND: Commissioner Rundle/Commissioner Meehlhause. Approving Resolution 925-10 for a Conditional Use Permit to Allow for a 1,020 square-foot Garage at 7046 Spring Lake Road. Planning Case CU 2010-001. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity None. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. May 19, 2010 B. June 2, 2010 ______________________________________________________________________________ Mounds View Planning Commission May 5, 2010 Regular Meeting Page 4 ____________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:32 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: May 19, 2010 Type of Business: Commission Business 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 in the Parking Lot of the Wynnsong Movie Theater. 2430 Highway 10; Planning Case CU2010-002 Introduction: The applicant, Amaya Basumatary with PMY Management, is requesting city approval of a conditional use permit to have outdoor seasonal sales in the parking lot of the Wynnsong movie theater. She is proposing to have a farmers market on Saturdays from 8am - 2pm in the parking lot of the movie theater at 2430 Highway 10 from June 19 until October 16 each year. The movie theater property is zoned PUD (Planned Unit Development), but is comparable to a B-4, Regional Business use. Since a PUD does not have specific City Code requirements, staff refers to the comparable zoning district’s requirements fro analyzing a new development request. City Code Requirements: Section 1115.04 (Conditional Uses in the B-4 zoning district) Subd. 2: Open or outdoor service, sale and rental as an accessory use and including sales in or from motorized vehicles, trailers or wagons for a period greater than 10 days; a. Outside service, sales and equipment rental connected with the principal use is limited to 30 percent of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with subdivisions 1103.08 (1) through (5) (Fencing and Screening) 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 Section 1103.09 of this Title. d. Sales area is grassed or surfaced to control dust. e. The provisions of subdivision 1125.01(1) e of this Title are considered and satisfactorily met. 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 Basumatary CUP Report May 19, 2010 Page 2 it deems necessary to carry out the intent and purpose of the Zoning Code and forward such findings to the City Council. Discussion: Ms. Basumatary is proposing to hold a farmers market in the movie theater parking lot on Saturdays from 8:00 am until 2:00 pm. The market would run from mid-June to mid-October each year. According to the submitted site plan, the market would use about 10-12 parking spaces for vendors in the southern end of the parking lot near Moe’s restaurant. Ms. Basumatary plans to start small this year with a few vendors to see if a farmers market is successful in Mounds View. If the market is successful, she would add more vendors to this location in the future. She has organized other farmers markets and has six vendors ready to participate in Mounds View this year. The City Code limits the outside services and sales to 30 percent of the gross floor area of the building. In this case, the movie theater is a very large building so there is no problem with the small area of the parking lot that she is proposing for the market. City staff will monitor the parking situation with the market and the theater - especially if the market is successful and becomes larger. 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 in the city along with the introduction of new businesses within Mounds View when compatible with surrounding uses. The City has zoned the movie theater PUD (Planned Unit Development), and it is primarily surrounded by other commercial uses (Moe’s Restaurant, strip mall with Subway, office building, and Walgreen’s across Highway 10). There is a residential neighborhood on the south side of the movie theater building, but the area where the farmers market is proposed is not directly adjacent to any residential uses. If the City Council approves the conditional use permit as requested, this CUP would be in line with the Comprehensive Plan “Regional Commercial” land use designation for the theater site. The Location and Character of the Surrounding Area. The Wynnsong movie theater is located on the south side of Highway 10 at Edgewood Drive. The applicant is proposing to locate the market at the south end of the parking lot, closest to Highway 10 for the best visibility. There are residential properties to the south of the theater building, but they are probably not within sight of where the farmers market would be located in the parking lot. Basumatary CUP Report May 19, 2010 Page 3 Depreciation. The proposed outdoor sales activities would operate one day a week for about four months during the year – from mid-June through mid-October. It would only be open during daylight hours so there would be no new lighting that could bother or disturb neighbors. Every summer, Merryville Farms operates a seasonal produce stand in the Mermaid parking lot, Linder’s Flower Mart is at Mounds View Square, and Robert’s Sports Bar holds a weekly flea market. Both Merryville Farms and Linder’s are open every day and have been operating in Mounds View for many years, and their outdoor seasonal sales do not appear to have had an adverse affect on surrounding properties. The Demonstrated Need for Such a Use. The applicant is proposing a farmers market as a service to the residents to be able to shop in their own community, and to have access to fresh, locally grown produce. As noted above, the outdoor sales would occur one day a week for about four months a year and only during daylight hours. City staff is unable to determine if there is a “demonstrated need” for the proposed use as the City Code requires. The nearest farmers market to Mounds View is held at the Shoreview Community Center on Tuesday evenings during the summer, and Merryville Farms sells fresh produce in the city, although farmers markets often sell items other than just produce, such as fresh cut flowers, homemade jams and maple syrup. If Ms. Basumatary is successful with the farmers market, that would demonstrate a need for her proposal. Summary: Staff has drafted the resolution for the conditional use permit in such a way so that the applicant would not need to appear before the Planning Commission and City Council each year. The CUP will remain in effect indefinitely as long as there are no changes to the operation and there have been no problems or reasons that would warrant the City Council to re-examine the CUP. The applicant will need to submit a letter of intent and letter of permission from the property owner to the City each year before the start of the farmers market. Alternatives: As with all planning applications, the Planning Commission may recommend approval of the request, recommend denial of the request or table taking action. In this case, staff is recommending approval of the request. If the Planning Commission wants to recommend denial of this request, city staff would want direction from the Commission to draft a resolution of denial with findings of fact appropriate to support the denial. If the Planning Commission needs more information before making a decision or if they need to discuss the matter further, the Commission can move to table the request until the applicant provides the City with such information. Because of 60-day requirements, the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Basumatary CUP Report May 19, 2010 Page 4 Recommendation: City staff recommends approval of the conditional use permit as requested. Staff has prepared Resolution 926-10, approving the conditional use permit if the Commission chooses this action. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Photos 3. Proposed site plan 4. Resolution 926-10 Zoning Map Movie theater parcels * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View Movie theaterArea for Farmers Market Walgreens Robert’sMoe’sVacant office bldg Movie theater Site Plan MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 926- 10 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR SALES OPERATION AT 2430 HIGHWAY 10 (WYNNSONG MOVIE THEATER PARKING LOT); PLANNING CASE CU2010-002 WHEREAS, Amaya Basumatary with PMY Management, has applied for a conditional use permit to operate a seasonal outdoor sales (farmers market) in the parking lot of 2430 Highway 10 (Wynnsong Movie Theater); and, WHEREAS, the subject properties, located at 2430 Highway 10, are zoned PUD (Planned Unit Development), and legally described as follows: Anthony Properties Addition, Lot 3, Block 1 PIN 08-30-23-23-0006 WHEREAS, the Mounds View Zoning Code conditionally allows open and outdoor sales in B-3 and higher zoning districts; and, WHEREAS, the applicant is proposing to operate the outdoor sales from about June 16 to October 19 each year; and, WHEREAS, the Planning Commission has reviewed the following documents about this proposal: a. Staff Report b. Zoning Map c. Aerial Photo d. Site Plan of Proposed Location e. Letter from Applicant 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 (farmers market) meets the requirements as outlined in Chapters 1115 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 “Regional Commercial” land use designation for the movie theater site. Resolution 926-10 Page 2 3. The seasonal outdoor sales would not be out of place given the existing 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 for this land use. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the seasonal outdoor sales (farmers market), with conditions as follows: 1. The City allows the outdoor sales to operate from June 1 to October 30 of each year. 2. The hours of operation of the outdoor sales shall be between 7:30 am to 3:00 pm. 3. There shall only be outdoor sales on Saturdays. 4. The applicant or sales operator shall provide adequate security and traffic control to ensure the safety of the vendors, buyers and all others on the site. 5. The sales area is limited to a maximum of 20 parking spaces unless the City approves a variance to increase the amount of area allowed for outdoor sales. 6. The farmers market shall be allowed two signs that may be placed at the entrances to the movie theater site on the day of the market. Each vendor may have one sign for their booth or display area that does not exceed 16 square feet. 7. The existing parking lot standards shall supply the lighting for the outdoor sales. 8. The owner or operator shall ensure that after every market day the parking lot is cleaned up and is completely cleared of everything from the market. The City does not allow anything to remain on the site after the market closes and outdoor storage is not allowed on this property. 9. The applicant shall provide the following on an annual basis to the City of Mounds View Community Development Director: a. Letter of intent and description of the proposal. b. Letter of permission from property owner. c. Drawing of site plan including the parking spaces that the sales area will use. 10. The Planning Commission and the City Council may review this Conditional Use Permit if any problems develop or if there are any changes to the operation that the City deems substantial enough to warrant such a review. Resolution 926-10 Page 3 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 owner or operator meets the required conditions. NOW THEREFORE, 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 19th day of May, 2010. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ Ken Roberts, Community Development Director (SEAL)