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HomeMy WebLinkAbout04-01-2009Item No: 5A Meeting Date: April 1, 2009 Type of Business: Commission Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Ken Roberts, Community Development Director Item Title/Subject: Consideration of a Conditional Use Permit for Outdoor Seasonal Sales in the Parking Lot at Robert's Sports Bar (2400 County Road H2; Planning Case No. CU2009-001 Introduction: The applicant, Kevin Halverson with Robert's Sports Bar, is requesting city approval of a conditional use permit to have outdoor seasonal sales in the parking lot of Robert's. He is proposing to have flea markets, farmers markets and auctions in the parking lot of Robert's at 2400 County Road H2 from about April 2 — September 30 each year. City Code Requirements: Section 1114.04 (Conditional Uses in the B-3 zoning district) Subd. 5: Open or outdoor service, sales and rental as an principal or accessory use (including sales in orfrom motorized vehicles, trailers orwagons) for a period of greaterthan 10 days; (provided that): a. Outside services, 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 identical uses or an abutting R district in compliance with Sections 1103.08 (1) through (5) (Fencing and Screening) of this Code. e. The open or outdoor service, sale or rental use does not take up parking space as required by the City Code. 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 it deems necessary to carry out the intent and purpose of the Zoning Code and forward such findings to the City Council. Discussion: Mr. Halverson is proposing to have the flea market and Tamers market on the site on Thursday, Saturday and Sundays from 7:30 am until 1:30 pm. He also is proposing to have Roberts CUP Report April 1, 2009 Page 2 auctions on the site on the first and 15th of each month that would be conducted by GSC Auction Service. Mr. Halverson is proposing to rent spots in his parking lot to vendors and to those wanting to sell items in the auction. It is unclear from his application materials to determine how many of the existing parking spots he wants to rent out or make available for each sales day or auction. He expects each vendor to bring their own tables and to set up and remove their own displays or sales booths each sales day. He is proposing to have the sales and auctions in the mornings so they would not conflict with the operation and parking needs of the bar and restaurant (including the use of the existing parking lot). City staff counted 167 parking spaces on the site. According to City records, the Robert's building is 11, 295 square feet. As I noted on page one of this report, the City Code limits the outside services and sales to 30 percent of the gross floor area of the building. In this case, thirty percent of the building area is 3,389 square feet. Using the dimensions of standard parking spaces, 3,389 of area is equal to about 20 parking spaces. If Mr. Halverson wants to use more than 20 parking spaces on any one day for sales or auctions, he would have to ask for and receive City approval of a variance to exceed the 30 percent maximum as set by the City Code. 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 Robert's B-3 (Highway Business). (Please see the enclosed zoning map of the area). The purpose of the B-3 zoning district "is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities." The site is surrounded by commercial and residential zoning designations and land uses. If the City Council approves the conditional use permit as requested, this CUP would be in line with the Comprehensive Plan "Community Commercial" and "Mixed Use" and land use designations for the Robert's site. The Location and Character of the Surrounding Area. Robert's is located on the south side of County Road H2 just west of the intersection with County Highway 10. Mr. Halverson is proposing to have the outdoor vendors on the north and east sides of the parking lot, closest to County Highway 10 for the best visibility. There are residential properties to the south and west of Robert's and those to the west could be within sight of the existing parking lot. Robert's CUP Report April 1, 2009 Page 3 There is a row of arborvitaes along the west edge of the Robert's parking lot near Edgewood Drive. Unfortunately, several of these shrubs have died or appear to be in poor health. As required by the City Code (Sections 1125.01, Subd. 3(a)(2) and Section 1127.05, Subd. 7), the City should require the applicant to replace all the dead and dying plants to provide screening of the parking lot from the residential neighbors across Edgewood. The screening is necessary to help ensure that the activities of the proposed permit will not have a negative affect on the health, safety and welfare of the residents and on the existing homes to the west of the parking lot. Depreciation. The proposed outdoor sales activities would be operating three days a week for six months during the year — from April through September. It is not clear what, if any, affect such outdoor activities would have on the surrounding area — especially the nearby residential properties. As I noted above, the City should require the replacement of the dead and dying plants along the west edge of the parking lot to complete the screening of the existing parking lot. Such screening would help minimize the potential negative affects of the permit on the occupants of the homes to the west of the site. The Demonstrated Need for Such a Use. The applicant is proposing flea market and farmers market as a community service. That is, he wants to provide a centralized location for local merchants and vendors to sell their products. He also wants to provide a location for nearby residential property owners that may want hold a garage or yard sale to sell their merchandise in a more visible location. As noted above, the outdoor sales would occur for 3 days a week for about six months a year and only during daylight hours. Based on the materials submitted by Mr. Halverson, 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 I am not aware of any nearby flea market or outdoor sales lots such as Mr. Halverson is envisioning for his site. It is certainly possible that the selling and buying merchandise from the parking lot of Robert's would be popular and successful for those involved with the transactions. If Mr. Halverson finds sellers and buyers that want to use his site, that would demonstrate a need for his proposal. Summary: This request has provided city staff with some challenges. While the City wants to be supportive of a local business and work with the owner to help ensure his success, the City also must be sure that any changes or new land use activities in the City will meet all code requirements. This includes the requirements for a conditional use permit as outlined in the City Code. This proposed use may prove to be a valuable asset to Mounds View but the City also must ensure that it does not cause any negative affects on the occupants of nearby properties — especially the residents to the west. Robert's CUP Report April 1, 2009 Page 4 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 Planning Commission or City Council to re-examine the CUP. Recommendations: After taking testimony from staff, the property owner and any other interested parties, the Commission can take one of the following actions related to the request: 1. Recommend approval of the conditional use permit. I have attached Resolution 901 - 09 if the Commission chooses this action. 2. Recommend denial of the conditional use permit. If the Planning Commission selects this option, city staff would want direction from the Commission to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. 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. Respectfully submitted, Roberts — Community Development Director Attachments: 1. Planning Application Materials 2. Zoning Map 3. Existing Land Use Map 4. Future land Use Map 5. 2007 Aerial Photo 6. Resolution 901 - 09 QTV OF ©N1, L A �W rOBrP,f - Parinersh`QS COMMUNITY DEVELOPMENT DEPARTMENT PLANNING APPLICATION 2401 County Road 10, Mounds View, MN 55112 (763)717-4020 Fax —/1;-)) %1 I - HON Please Type or Print Information - Complete Both Sides of This Form 1 jz@G1_�4EC) Applicant Informa/tion M.t Name of Applicant Work # Address N ` ti Home# �Q a'�1V3 1b'�;G in \cr \;v 3-Sk7)'y Cell# (.o -`}(o l0`�Q, E-mail: Interest in Property (check appropriate box) Owner of Property ❑ ❑ Lessee, Operator, Manager ❑ ❑ Other(exDlain) Contract for Deed Owner Agreement to Purchase Applicants must provide evidence of interest in propertyat the time of application, and if you are not the owner of the property, you must either provide a fetter ofpermission from the owner giving consent to the fling of this application or the property owner must sign this application for it to be accepted, Property Description/ Proposal Address or General Location g40u \� Legal Description Property Identification # (PIN # # of Acres <�!)S 30 z3 3 i C)c>cS__ ..1 .O-' Current Zoning 63 Type of Application (Please check the appropriate boxes): Comprehensive Plan Amendment 500 Rezoning 500 Major Subdivision 500 Minor Subdivision 275 Planned Unit Development PUD 750 PUD Amendment 375 Conditional Use Permit Amendment R-1 R 2 150' all others 375 Interim Use Permit Amendment 375 Variance R-1 R-2 150; all others 375 Administrative Variance R-1 R-2 75 Text Amendment Zoning Code 250 Text Amendment Other City Code 150 Develop Review Site Plan Review 375 Wetland Alteration Permit R-1 R-2 150• all others 300 Wetland Buffer Permit R-1 R-2 25• all others 100 Other Page 1 of 2 Application fees are non-refundable. SQoa 1•s Present Use of Property �-rz Property Classification I'm Ef Abstract ❑ Torrens (attach additional supporting documentation if necessary) C..., -.L. \,- k L„o c .,\.. le, `_ c,__ 0. Sncc..o " `Y:.�..o- oq7 Md3 aNC �4- W:\\ be_ Please Note: Application fees are nonrefundable. Applicants are responsible for all costs in excessof the application fee incurred by the City in the processing of this application. Such excess fees are to be paid upon receipt of statement from the Qty of Mounds View. Excess fees may Include, but shall not be limited to, photocopy costs, staff time, and fees for planning consultants, attorneys and engineers. In some cases, a deposit may be required in advance to cover any anticipated excess costs associated with this application. (If a deposit is required, the applicant shall remain responsible for all reasonable Incurred costs in excess of the application fee and deposit amount.) I ACKNOWLEDGE THAT I have read all of the information listed in the Planning Appilcation and fully understand that am responsible for all co incurred LIy e City related to the processing of this application. AipipDht Date BY MY (OUR) SIGNATURE ON THIS APPLICATION, I HEREBY DECLARE THAT, TO THE BEST OF MY KNOWLEDGE, THE INFORMATION PROVIDED IS TRUE AND ACCURATE. Name of Applicant (typed/printe) trzv r F�r� 1ve ya.� Signature of Applicant Name of Property Owner ( ped/pri ed) K2�:N \kt�\vz so Signature of Property Ownerx-t���� Address of Owner Phone Number of Owner (0 Z /G (� E-mail of Owner FOR OFFICE USE ONLY Date of Submittal 3 -3 - a `� Date of Acceptance: 60 -day limit 120 -day limit: Planning Case No(s) Cu Aoa9 -ao / Assigned to: Fees Paid: Application: d15 3? 5 •00 Park Dedication: Deposits: Other: Total: Account # Check # Receipt # 06 --5A 1 Lz-35-�;— Page 2 of 2 Business Plan 2/25/2009 To Planning Commission & City Council Security: Anoka Jaycee will be guiding the flow of traffic venders and bidders Employees of Robert's will also be assisting in set up and security Auction: dates outside auctions will be V and the 15`h of the month and will be hosted by GSC Auction service lic / auctioneer # 13:30 Steve Elkins office located 389 4"' ave North Branch MN 55056 note some auctions will be held inside Robert's event center Community: Flea Market & Farmers market: proposed times and dates are April 2"" thru September 27`h 7:30 am till 1:30 pm costing venders only $10.00 per a space venders will supply there own tables most hours of the market would be before bar opens. Also we would like to review with city in October of 2009 (additional information see sheet) Respectfully, Kevin Halverson Floyd Halverson Michael Leonard Grand Opening'..' /// ROBERTI S\\\ Sports Bar & Entertainment & Event Center *Community* Flea Market & Farmers Market Location 2400 County rd H2 Moundsview Mn 55112 Starts April 2nd thru September 27th (rain or shine) * Open Thursday, Saturday, Sunday 7:30 am till 1:30pm * Venders wanted $10.00 spaces bring your own tables *For more Information call Kevin 612-963-1050 Directions: From North: 35W South to Cty RdH Go right west to Cr 10 west to Cty Rd H2 Go left On Left hand side -� From South: 35 W North to CR 10 Exit; Follow to C Rd H2; Go Left (west): On Left hand Side From East: 694 West To 35W North; Follow to CR 1 Exit; follow Cty Rd H2; Go Left (west): On Left Hand Side Exit; follow To Cty Rd H2: Go Left (west); On Left ha d Side From West: 694 East To 35W North; Follow T M Exit Follow to Cty Rd H2: Go Left (west): On Left side 'U \✓ '� V h I f °�" Jlrol 6 0 1]p 8i., nW m ]102 V � 7)ls •- •• ••EinRlr�+ '� 5u N 66i - Rey�R nol:n n1 o n511 R �;pl a -a ssx eu 65x1 6s3 - R2 R2 CSO 2 RDH _ _ . .V iad N6 -.y -H. ry 336`,iB5 7B-1g6 ry 359]3] 35976n 'w llB 7b61 3531 7111 16]5 J6]] JWO )ni ]6]3"]6] ) 65t M1h )f6L ]L55 ][5_f)615'762 1691 :- 1 IJ1L; pI Ri L 'th5h+ "VSgi y'. ffim )6.h `D]6'F 3 ]6 1)61 7595 759, 7631 2 ]56a ]569 )55, ]55 _ )ni S ' 705z 75P �r�-.- P+8rv, R9evi� ry ]521,]53 rveo tr v e 7°.517.9 J6n „ 5101 {,/pR COQ, bn"sow ( \ s ^' / ° �'iy '` CITY HALL Sags sew 3305 a `00 B-3 vn mm vn 5386 D-3 5361 On On / e Air F�J rya 6]]S 9)3 b3] S PVif� vai Rbx sua ®e.-N..TFt 1-10 R-4 /-6 N E W B R I G H T O N EDGEWOOD JR. HIGH SCHOOL 5100 8-2 LIMITED BUSINESS / I ) s / I— B-3 HIGHWAY BUSINESS B-4 REGIONAL BUSINESS 1-1 INDUSTRIAL PF PUBLIC FACILITIES PUD PLANNED UNIT DEVELOPMENT CRP CONSERVANCY, RECREATION & PRESERVATION \RE R -i DISTRICTS "m 113 5321 PARK n7 IN Sol ]42 10 n 9 3n BOG NOs 'O l] 3' /.-/ PUD Dq�� PUO 0 H F 2 Sxx OODALE 16 sss �s 5x55 o 41 sled R -s �— TOWNS EDGE TERRACE MOBILE HOME PARK u;S �44T ®A I Single Family Attached Multiple Family - MF (9 Mobile Home Park - MI = Regional Commercial - RC (23, Regional Commercial - RC-PUI Highway convenience - HC (1 E Office - OFC (73.8 AC - 3.5%) Mixed Use - MU -PUD (37.3 AC 'r0 (0 cc NEW BRIGHTON Heavy industrial Institutional - IN Church - CH (23 Utility- UT (3.5A IndoorSport/Ree-S Natural Open space Passive Open space Water/ Wetlands NEW BRIGHT Z007 ItEPIPL MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 901- 09 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR SALES OPERATION AT 2400 COUNTY ROAD H2; PLANNING CASE NO CU2009-001 WHEREAS, Kevin Halverson with Robert's, has applied for a conditional use permit to operate a seasonal outdoor sales (flea market, farmers market and auctions) in the parking lot of Robert's; and, WHEREAS, the subject property, located at 2400 County Road H2, is zoned B-3 (Highway Business), and is legally described as follows: In Section 8, Township 30, Range 23, the North 363 Feet of the West 330 Feet of the NE % of the SW % (Subject to the Roads) (PIN 08-30-23-31-0005) 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 April 2 to September 30 each year; and, WHEREAS, the Planning Commission has reviewed the following documents about this proposal: a. Planning Application b. Zoning Map C. Existing Land Use Map d. Future Land Use Map e. 2007 Aerial Photo f. Staff Report 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 (flea market, farmers market and auctions) 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 "Community Commercial" and "Mixed Use" and land use designations for the Robert's site. Resolution 901 - 09 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 (flea market, farmers market and auctions), with conditions as follows: 1. The City allows the outdoor sales to operate from April 1 to September 30 of each year. 2. The hours of operation of the outdoor sales shall be between 7:30 am to 1:30 pm. 3. There shall only be outdoor sales on Thursdays, Saturdays and Sundays and there shall be a maximum of two outdoor auctions held on the site each month. 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 City only allows signage for the outdoor sales and auctions as apart of the existing Robert's freestanding sign. 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 sale day the parking lot is cleaned up and is completely cleared of everything from the sale(s). The City does not allow anything to remain on the site after the sale(s) and outdoor storage is not allowed as part of this approval. 9. By September 15, 2009, the property owner shall replace all dead and dying arborvitae along the west side of the parking lot with new shrubs that are at least eight feet tall. 10. By October 5, 2009, the property owner shall repair and restripe the parking lot. 11. The applicant shall provide the following on an annual basis to the City of Mounds View Community Development Director: Resolution 901 - 09 Page 3 a. Letter of permission from property owner (if different from the sales operator). b. Drawing of site plan including the parking spaces that the sales area will use. c. Narrative description of the proposal. 12. 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. 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 day of April 2009. Gary Stevenson, Chair ATTEST: Ken Roberts, Community Development Director (SEAL)