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HomeMy WebLinkAbout12-15-2010 PLANNING COMMISSION REGULAR MEETING AGENDA December 15, 2010 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. November 3, 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 None 6. Other Planning Activity A. B-2, Limited Business Zoning District Amendments 7. Next Planning Commission Meetings: A. January 5, 2011 B. January 19, 2011 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. November 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 November 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. November 17, 2010. 2. Roll Call Members Present: Commissioners Meehlhause, Miller, Rundle, Schiltgen, Smith and Stevenson. Absent and Excused: Commissioner Cramblit. Also Present: Planning Associate Heidi Heller Community Development Director Ken Roberts ______________________________________________________________________________ Index to Minutes Page B-2, Limited Business Zoning District Discussion 2 _____________________________________________________________________________ 3. Approval of Minutes October 6, 2010 MOTION/SECOND: Commissioner Miller/Commissioner Meehlhause. To approve the minutes of the October 6, 2010 regular Planning Commission meeting as presented. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission November 17, 2010 Regular Meeting Page 2 ____________________________________________________________________________ 5. Planning Cases None. ______________________________________________________________________________ 6. Other Planning Activity A. B-2, Limited Business Zoning District Discussion Planning Associate Heller stated the City recently received a sign permit for a new restaurant at Silver View Plaza. In reviewing the details of the new restaurant, staff determined that the City could not allow it in the mall because of the existing B-2 zoning. This restaurant would be a full operation restaurant and current B-2 zoning only allows delicatessens. Planning Associate Heller stated in 1988, the owner, Kraus Anderson, applied to rezone the property to B-3, but the City denied the request due to concerns about inadequate parking on- site. In 2005, Kraus Anderson again applied to rezone the property to B-3, and they were again denied for the same reasons as 1988. She added the main parking problem is that about thirty percent of the parking spaces at Silver View Plaza are in the back of the mall where employees would typically park, not customers. Planning Associate Heller stated by amending the B-2 zoning code by adding a few more allowed uses and/or conditional uses would be beneficial to this particular mall. Chair Stevenson stated that the current definition of delicatessen states there is a maximum seating capacity of 24. He added that by leaving the seating capacity at 24, and removing the specific type of cooking allowed could solve this issue. He proposed amending the B-2 Zoning Code to allow for delicatessens and small restaurants as permitted uses. Commissioner Meehlhause agreed with Chair Stevenson’s amendment, and added that with this addition of more allowed uses, it may be beneficial to the mall. Community Development Director Roberts asked if the Commission was receptive to Chair Stevenson’s recommendation for amending the permitted uses at Silver View. He also clarified the maximum restaurant seating amount of 24 chairs. Chair Stevenson stated it would be his preference to keep the maximum seating at 24 due to the parking constraints. Commissioner Smith asked if there would also be a square footage limitation to correspond with the maximum seating limit. Chair Stevenson recommended that 2,000 square feet be the maximum restaurant size allowed as a permitted use. Mounds View Planning Commission November 17, 2010 Regular Meeting Page 3 ____________________________________________________________________________ Community Development Director Roberts stated that staff would propose code amendment with a square footage maximum along with a maximum seating limit for restaurants. Chair Stevenson stated that the City could allow a restaurant with more than 24 seats or 2,000 square feet in floor area with a conditional use permit. The Commission directed staff to move forward with amending the B-2 Zoning Code to include small restaurants with the maximum 24 seating requirement and maximum of 2000 square feet as a permitted use, and any larger restaurants would require a conditional use permit. 7. Next Planning Commission Meeting: A. December 1, 2010 B. December 15, 2010 ______________________________________________________________________________ 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: 6A Meeting Date: December 15, 2010 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 Introduction: City staff received a sign permit application for a new Chinese restaurant that wants to move into Silver View Plaza. Because of this request, staff decided to discuss increasing the allowed uses in a B-2 zoning district with the Planning Commission and City Council. Background: On December 6, 2010, City staff discussed with the City Council the idea of adding permitted and conditional uses to the B-2 zoning district, including restaurants. The City Council was supportive of the idea and directed staff to proceed with preparing a code amendment to make the changes to the B-2 zoning district. Discussion: The current zoning designation, B-2, allows for less intense commercial and service oriented businesses such as laundromats, locksmiths, delicatessens, financial offices, florists, sporting goods and hardware, to name a few. The property owner, Kraus Anderson, continues to struggle to get tenants in Silver View Plaza and the City wants to help where it can. City Staff asked the Planning Commission if they would be open to adding more permitted or conditional uses to the B-2 zoning code, particularly relating to restaurants. The Planning Commission agreed that it did not make sense to limit the types of restaurants based on what type of cooking is done. The Commission suggested amending the zoning code to allow a “small restaurant, café and tea room” as a permitted use in a B-2 district. The Code would define a small restaurant as being limited to 24 seats and no more than 2,000 square feet in size. The Commission also suggested allowing restaurants with more than 24 seats and more than 2,000 square feet in floor area in a B-2 zoning district as a conditional use. As noted above, City staff brought this idea to the City Council at the December 6, 2010 Work session. The Council was in agreement with the code changes as proposed by the Planning Commission. Based on the discussion with the Planning Commission and City Council, staff recommends adding the following permitted and conditional uses to the B-2 zoning code: B-2 Zoning Code Discussion Page 2 - Small restaurant, café, tea room with a maximum of 24 seats and 2,000 square feet in floor area. Shall not include drive-thru and/or window pick-up services or the serving of food to patrons in their vehicles - Auto accessory or parts store with no repairs, installations or service work done on any motor vehicles on site, and no outside sales or storage Added conditional use: - Restaurants, cafes and tea rooms with more than 24 seats and/or 2,000 square feet in floor area, provided that there are not drive-thru and/or window pick-up services or the serving of food to patrons in their vehicles. Staff has prepared the proposed changes to the B-2 zoning code for the Planning Commission’s review. Recommendation: Staff recommends that the Planning Commission review the draft of the proposed amendments to the B-2 Zoning District. Sincerely, Heidi Heller Planning Associate Attachments 1. B-2 zoning code with proposed amendments B-2, LIMITED BUSINESS DISTRICT 1113.01: PURPOSE: The purpose of the B-2, Limited Business District is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this District are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. (1988 Code §40.17) 1113.02: PERMITTED USES: The following are permitted uses in a B-2 District: Subd. 1. Service Oriented Businesses: Service oriented businesses which serve the Mounds View community: Bank, savings and loan, savings credit unions and other financial institutions. Commercial (leased and professional offices). Copy service but not including printing press or newspaper. Dry cleaning pick-up and laundry pick-up stations, including incidental repair and assembly but not including processing. Educational or instructional facilities. (Ord. 632, 7-26-99) Employment agencies. Finance companies. Health and beauty services. Insurance sales, claims and branch offices. Locksmith. Medical and dental offices and clinics. Public utility collection offices. Real estate sales. Shoe repair. Therapeutic massage as defined and regulated in Chapter 514 of the municipal code. (Added, Ord. 798, 9-10-07) Travel bureaus, transportation ticket offices. 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. 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. Small 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) Subd. 3. Tattoo, Body Piercing, Body Branding, Body Painting or Body Scarring Establishments, provided that: a. Any such establishment shall be separated by no less than one thousand feet (1,000') from any other such establishment located within the City of Mounds View, as measured from the property lines of the property upon which the uses are located. b. The minimum floor space for such use shall be two hundred fifty (250) square feet. c. The establishment and operators shall be licensed and be in compliance with Chapter 515 of the Municipal Code. (Ord. 663, 9-11-00) 1113.03: ACCESSORY USES: The following are permitted accessory uses in a B-2 District: All permitted accessory uses as allowed in a B-1 District. (1988 Code §40.17) 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. 1. Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community; provided, that: a. Conformity with the surrounding neighborhood is maintained, and required setbacks and side yard requirements are met. b. Equipment is completely enclosed in a permanent structure with no outside storage. c. Adequate screening from neighboring uses and landscaping is provided in accordance with subdivisions 1103.08(l) through (5) of this Title. d. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 2. Commercial planned unit development as required by Chapter 1120 of this Title. Subd. 3. Solar energy and wind generator systems and solar and wind generator structures. (1988 Code §40.17) Subd. 4. Veterinary clinics, animal clinics, and animal boarding facilities; provided, that: (Ord. 685, 8-27-01) a. Noise and odor are effectively confined to the premises in accordance with Chapter 6 of this Municipal Code, Nuisances. b. A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by such use. Such systems shall be separate from other ventilation systems in the building. Such system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with Minnesota Building Code Mechanical Systems, Chapter 1345. (Ord. 441, 5-23-88; Ord. 685, 8-27-01) c. All animal boarding activities shall be conducted indoors, except for necessary outdoor exercise. At no time shall any animal be left unsupervised while outdoors. (Ord. 685, 8-27-01) d. Outdoor exercise shall be conducted so as not to unreasonably annoy, injure or endanger the health, safety, comfort, or welfare of the public. (Ord. 685, 8-27-01) e. All animal boarding facilities shall comply with the Nuisance Codes established for the City of Mounds View. (Ord. 685, 8-27-01) f. All animal boarding facilities shall comply with the Minnesota Pet and Companion Animal Welfare Act (Minnesota Statutes, 346.35 – 346.44). (Ord. 685, 8-27-01) Subd. 5. Pet stores; provided, that: a. Noise and odor are effectively confined to the premises in accordance with Chapter 604 of this Municipal Code, Nuisances. b. The boarding of animals is prohibited, except for the purposes of retail sales. c. A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by such use. Such systems shall be separate from the other ventilation systems in the building. Such system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with the Minnesota State Building Code Mechanical Systems, Chapter 1345. (Ord. 448, 9-26-88) Subd. 6. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. (Ord. 588, 2-10-97) Subd. 7. Day care center, group nursery; provided that: (Ord. 595, 4-14-97) a. No overnight facilities are provided for the children served. Children are delivered and removed daily. (Ord. 595, 4-14-97) b. The front yard depth shall be a minimum of thirty five feet (35'). (Ord. 595, 4-14-97) c. Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02, subdivision 2b(3). (Ord. 590, 11-25-96) d. Not less than forty (40) square feet of outside play space per child be provided and that such space be suitably fenced and/or screened in accordance with conditions as specified by the City Council. (Ord. 595, 4-14-97) e. Adequate off-street parking and access is provided in compliance with Chapter 1121 of this Title. (Ord. 595, 4-14-97) f. Adequate off-street loading and service entrances are provided in compliance with Chapter 1122 of this Title. (Ord. 595, 4-14-97) g. The site and related parking and service entrances shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. (Ord. 595, 4- 14-97) h. All signing and informational or visual communication devices shall be in compliance with the Mounds View Sign Code. (Ord. 595, 4-14-97) i. The provisions of Section 1125.01, subdivision 1e of this Title are considered and satisfactorily met. (Ord. 590, 11-25-96) j. The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of two hundred feet (200'), except as provided in Section 1123.02, subdivision 1c. (Ord. 595, 4-14-97) k. No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license, as provided in Section 502 of the Municipal Code, or a license for an adult establishment, as provided in Section 513 of the Municipal Code, if five hundred feet (500') or less, except that the five hundred (500) foot requirement shall not apply to any liquor establishment receiving at least sixty percent (60%) of its annual gross sales revenue from the sale of food. (Ord. 595, 4-14-97) Subd. 8. Neighborhood Motor Fuel Station; provided, that: (Added, Ord. 788, 4-9-07) a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. There shall be a maximum of four (4) motor fuel dispensing pumps on the site. c. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. e. The entire site, other than that taken up by a building, structure of plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. i. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title. j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(1) through (5) of this Title. l. Each light standard island and all islands in the parking lot shall be landscaped or covered. m. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(1) through (5) of this Title. n. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code. p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 9. Car washes as an accessory use to a neighborhood fuel station (drive through, mechanical and self-service); provided, that: (Added, Ord. 833, 9-3-09) a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles that can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the Director of Public Works/City Engineer. (Added, Ord. 833, 9-3-09) c. At the boundaries of a residential district, a strip of not less than ten feet (10’) shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. (Added, Ord. 833, 9-3-09) d. Each light standard island and all islands in the parking lot shall be landscaped or covered. (Added, Ord. 833, 9-3-09) e. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. (Added, Ord. 833, 9-3-09) f. The entire area, other than occupied by the building or plantings, shall be surfaced with material that will control dust, drainage and erosion that is subject to the approval of the Director of Public Works/City Engineer. (Added, Ord. 833, 9-3-09) g. The entire area shall have a drainage system that is subject to the approval of the Director of Public Works/City Engineer. (Added, Ord. 833, 9-3-09) h. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 1103.09 of this Title. (Added, Ord. 833, 9-3-09) i. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Director of Public Works/City Engineer. (Added, Ord. 833, 9-3-09) j. All signing and informational or visual communication devices shall comply with the Mounds View Sign Code. (Added, Ord. 833, 9-3-09) k. Provisions are made to control and reduce noise. (Added, Ord. 833, 9-3-09) l. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. (Added, Ord. 833, 9-3-09) 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. 1113.05: INTERIM USES: The following are interim uses in a B-2 District requiring an Interim Use Permit. An interim use permit must be obtained in accordance with procedures identical in form and a substance to the conditional use permit procedures found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Interim Use Permits may be approved for a determined or undetermined period of time at the sole discretion of the City Council. (Added, Ord. 735, 5-10-04) Subd. 1. All permitted interim uses as allowed in a B-1 District. (Added, Ord. 735, 5-10-04)