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HomeMy WebLinkAbout04-15-2009DM6V#11J VEGULAT WEETIWG AGENDA 1. Call to Order r 3. Approval of Minutes: A. March 4, 2009 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. CU2009-001 and VR2009-002 - Consideration of a Conditional Use Permit and a Variance for Outside Seasonal Sales at Robert's Sports Bar (2400 County Road H2) Applicant: Kevin Halverson Address: Lexington, MN 55104 6. Other Planning Activity None 7. Next Planning Commission Meetings: A. May 6, 2009 B. May 20, 2009 8. Adjourn to Agenda Session 1. Review Minutes: a. April 1, 2009 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners' Reports 4. Meeting Conclusion Item No: 5A Meeting Date: April 15, 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 and a Variance for Outside 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 and a variance to have outside 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. Background: On April 1, 2009, the planning commission discussed the proposed conditional use permit for Robert's to have seasonal outside sales and auctions on the property. During the meeting, the commission asked the applicant and staff several questions about the request. Mr. Halverson also indicated during the meeting that he would need a variance to have more outside sales area than the City Code usually allows. After much review and discussion, the planning commission tabled action on the requests and asked for more information about the proposal at the next meeting. The commission wanted more information from Mr. Halverson about on-site security, traffic control, noise control and the mix of parking for the customers, employees and for vendors. They also wanted to ensure that the operator gives local vendors and sellers the first opportunity to use the site before others from outside the area. 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 or from motorized vehicles, trailers or wagons) for a period of greater than 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. April '113, 2009 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 famers market on the site on Thursday, Saturday and Sundays from 7:30 am until 1:30 pm. He also is proposing to have auctions on the site on the two times 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 was 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. During the April 1 planning commission meeting, Mr. Halverson showed a site plan for the property that showed 58 spaces for customer parking, 20 spaces for display of auction items and 78 spaces for vendor parking. City staff counted 167 parking spaces on the site. 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). 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. Based on the information above, Mr. Halverson wants to use more than 20 parking spaces on any one day for sales or auctions. As such, 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. I have included more information the parking and the variance request on page 4 of this report. As I noted earlier, the planning commission, during their April 1, 2009 meeting, requested additional information from Mr. Halverson. He provided City staff with some additional information about his proposal verbally, but did not provide the City with any new information in writing. Apnl 15, 2000 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. 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 outdoor 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. Mr. Halverson has agreed to replace the dead plant materials and has had a contractor remove the dead shrubs from the west side of the parking lot in preparation to plant new arborvitaes. Depreciation. The proposed outside 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 CUP ANI i /009 ilr_. (i 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 outside sales would occur for three 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. Variance Considerations: For the City to approve a variance, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The criteria are as follows: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. A variance to have additional outside sales area is unique request. Staff is not aware of any other business or business operator having asked the City for increase in outside sales area since the City adopted the current code standards. The City Code limits the amount of outside sales area to 30 percent of the floor area of the building on the site. The somewhat exceptional or extraordinary circumstances involving this property are the proposed hours of operation for the activities on the property. The applicant wants to have the outside sales in the early part of the day to use the existing parking lot while it gets little use from the bar and restaurant. He proposes to end the outside sales activities by 1:30 to allow for clean up of the parking lot before the evening and night time use of the property. Robert's CUP Report April 15, 2009 Page 5 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The literal interpretation of the provisions of the Zoning Code would not necessarily deprive the applicant of rights enjoyed by other properties in the same zone. As noted above, City staff is not aware of any similar variance requests in Mounds View since the City approved the current code standards for having outside sales. The applicant does have the right to have some outside sales on the property (as do all businesses with the same zoning in Mounds View). It is not possible to determine if denying the request would put the owners in an unfavorable position based upon the City's past practices since there have not been any similar variance requests in Mounds View. 3. That the special conditions or circumstances do not result from the actions of the applicant. This criteria is more difficult for the applicant to meet. The actions of the applicant to date are to request the variance to have more outside sales area than the City Code now allows. Mr. Halverson has not changed the physical layout of the property nor is he proposing any new construction for his request. One could argue that the special conditions are a result of the actions of the City in adopted the Code but one also should note that it is the responsibility of a property owner or a business operator to research all code standards and regulations before putting a business plan together or before making a request of the City. 4. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of otherlands, structures orbuildings in the same district. Granting the variance would not confer upon the property owner a special privilege in that property owners have the right to apply for a variance to improve the function and viability of their business. However, it is important to note, that such an approval in this request would be the first in Mounds View and other business owners and operators may view such an approval as a precedent by the City to grant the others approvals for similar outside sales areas. 5. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicant asked at the April 1, 2009 planning commission meeting to have 98 parking spaces dedicated for auctions and outside sales. (Please see the enclosed parking plan from the meeting). At 190 square feet per space, that would be about 18,620 square feet of the parking lot used for the outside sales activities. As 1 noted earlierin this report, the City Code would allow 3,389 square feet of outside sales area on the property — about 20 parking spaces. The planning commission discussed limiting the outside sales area to about 80 parking spaces (about 15,200 square feet). It is not possible to determine at this time what the minimum amount of outside space the applicant needs to have a reasonably sized outside sales area on the property. To Robert's CUP Report April '15, 2009 Page 6 assist the planning commission with their review of this request, I have included a site plan with 81 spaces marked for outside sales and the other parking spaces marked for customer and employee parking. (Please see the plan dated April 10, 2009). 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting a minimal variance to allow additional outside sales area over the allowed amount of outside sales area on the property should not be materially detrimental to the purpose and intent of the City Code. There have been no objections raised up to this point from any of the adjoining property owners. Given the size of the property and the proposed hours for the outside sales, having some additional outside sales area above the code limits does not appear to be detrimental to the Code or to the City. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The requested variance would not result in any of the above-cited adverse effects. Deadline for Action: The City accepted this application on March 5, 2009 and in accordance with MN Statutes §15.99, the City must make a decision about this request within 60 days of the City accepting the application. The deadline for City action on this request is May 4, 2009. Summary: This request has provided city staff with many challenges. While the City wants to be supportive of a local business and work with the business operator 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. 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. 15, .a.,il fY rY 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 requests: Recommend approval of the conditional use permit. I have attached Resolution 901 - 09 if the Commission chooses this action. If the Planning Commission recommends approval of the proposed CUP and adopts a resolution for such, then the commission should also consider the variance request. I also have included a variance resolution (902-09) for the Planning Commission to consider. 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 applicant would have to agree to a time extension for City action and the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, f` Ken 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 (parking plan dated April 1, 2009) 6. Aerial Photo — Parking plan dated April 10, 2009 7. Resolution 901 — 09 8. Resolution 902 — 09 C11rif 001F WHO A pgrPrr • PartneR�i�Qs COMMUNITY DEVELOPMENT DEPARTMENT PLANNING APPLICATION 2401 County Road 10, Mounds View, MN 55112 (763)717-4020 Fax `/!>� 717-HOR Please Type or Print Information - Complete Both Sides of This Form �zrrciey�a Applicant Information My j Name of Applicant e'_;i n4 NA\ 4 Work # Address �111Co L� `� v� iJv� N Home# 1Q%actto3 1U`�;G LQ�Yvl \��,�Vw:5S10A- Cell# (oke-��(o3 E-mail: Interest in Property (check appropriate box) Owner of Property ❑ �10Lessee, Operator, Manager ❑ ❑ Other (explain) Contract for Deed Owner Agreement to Purchase Applicants must provide evidence of interest in property at the time of application, and if you are not the owner of the property, you must either provide a letter ofpermission from the owner giving consent to the riling of this application or the property owner must sign this application for it to be accepted. Property Description/ Proposal Address or General Location �Lkr;c�) , \- Legal Description ,� .'tz-y5 Property Identification # (PIN #) 68 3U Z -_'5 3i (50C-' # of Acres --2 , &S Current Zoning Type of Application (Please check the appropriate boxes): Com rehensive 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 Present Use of Property Property Classification L Abstract ❑ Torrens (attach additional supporting documentation if necessary) ,..,.., �_. -1 .k. „I<o K I,__._" '_-_ 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 City 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 Application and fully understand that I am responsible for all co incurred y he City related to the processing of this application. Applica t 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//prriinte i�ev N Hv��-vers Signature of Applicant Name of Property Owner (oped/prl ed) v� so Signature of Property Owner Address of Owner e\ � t+L �- � 'k� eXiN�i �� SS l0 Phone Number of Owner-bi ?--e& E-mail of Owner FOR OFFICE USE ONLY Date of Submittal 3 -3 - 02 Date of Acceptance: 60 -day Limit 120 -day limit: Planning Case No(s) (!,Lc ;. ool -oo / Assigned to: Application: Park Dedication. Deposits: Other: Total: Fees Paid: Account # Check # Receipt # !0;'i 5 - 00 06- LZ35-`5_ 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 1" and the 15th of the month and will be hosted by GSC Auction service lic / auctioneer # 13:30 Steve Elkins office located 389 0h 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"d thru September 27th 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! I. 1H ROBERT' 5\\\ Sports Bar & Entertainment & Event Center *Community* Flea Market & Farmers Market Location 2400 County rd H2 Moundsview Mn 55112 Starts April 2"d 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 hand Side From West: 694 East To 35W North; Follow T Cr10 Exit Follow to Cty Rd H2: Go Left (west): On Left side ] R nount.]nAo :m_l.nzqs — _\a ssz �u .Su ssz s,.t •• p+I ] 'R w -Bms nSoIaA„ Nnoln o' D: not %i ,�!„ ��r =sa ssz 5521 ss3o �ID.� p g R�f NfR/pr — __— - R-2 CO " _ RD I pp x 3� D rvp issi �� R A $'$ R` -z': Dna ult 9u un _ N rv� ry JStB ]6B] .]66f ]66L 366 <� PDD 658,1 ¢SSM 395 n ssn.. _ y d• ]NS ]6ss D a Kms' N]z Noo D_] x515' '1 ]fi51 DM N93 NM Nva x511 ]6N ]M ]65 3538. =66) )618 ]G19 )Nt ]651 5(98 _N]B 5(a5 NB6 N65 S59[ 3533 / ]WS )6]]]NO R-2 )FY J6R ]6]( ]6]SO6l St]_ N]] N]6 SOB SOS 5b 7(5F]6 5 7D Y6 Z 71214 762E 7691 N6i NN N6] �ItYJ _ 76 1]61 = •• '• 6t63 N6] N� SISq 5659 '✓� a]6Ne)61( ]595]59 7631 SHS NN mss NN ;,N4 N35 F ]531 5.6 NO4 51] ` `1.�• NO u• _/2 b )565]561 f SHB sHl E \ N}p 7531 S N]1 Nu q�'•p\ �.� ny„ R Z e Nxs NR ]sss ] 1� s aEry ••N9 o+ n ]531 ]s rci,]NI sm �N31 s- NIB N _ N01 Nu NIS 5116 'ry 7a n p at f.9 aEe"i •• •.:t:l C a ]9sn5M ]sM- 5985 N0.5 sW5 5m in g� _ BRDNSON DRNE / \ a. M• ,• �'�, CITY HALL (-1'_9vs uo±_ s7B & 8 n nMg.„ R : X r I ry . i& a 99: ns� $om qy M1 D-= "M94 B-3 is3e] 986 9biN �� `ei 'SH '" r 95L 5]BI 5]58 5351 U 3 N 516[ -�MGJ.> M1iP 5]]S SPS s]] : ] � 96( P.e° aiemft ] aSy� mss•] PUiL'3 a,`M�3 5.945 SN mN ipi�' DD � F. 1717 „I"„ SN2 p AVE /-10 JO PUD 5111 BERT n, can (S:N T 91( W2 53z9LAMPARKMsv( •..• 0. � .S _ .e• � /-G B-3 a cmM� B-3 MOG'v 9 5309 `Y/ M1 y� S/NESS � su li > an u] R may+ alfiv 5 a,a 66 WODDALE s3s s 323 -625 539 q Szn ( 521 535 5398 SM 531 Slb 60 5330 5330 5333 M1 70 M 59 333 yl 533 533 ., 531 5305 O IP�SiI 631tl 531 5:1 531 ] ' )153 5 53 5 M 52 'iY s190 /%r I A I EDGEWOOD JR. HIGH SCHOOL 5100 e N E W B R I G H T O N B-2 LIMITED BUSINESS �YV /d6 /y) / / 1 p B-3 HIGHWAY BUSINESS B-4 REGIONAL BUSINESS 1-1 INDUSTRIAL PF PUBLIC FACILITIES PUD PLANNED UNIT DEVELOPMENT CRP CONSERVANCY, RECREATION & PRESERVATION IRE R-1 DISTRICTS PUD qRk- 6 PUD R-5 TOWNS EDGEOMTERRACE n MAOBILE HE PARK 1115 B6a Q]9 IJ]5 470 115] I]51 •J1] PL'D H 1 _T C- 6 tu, 2007 1--�E PL/RZ- yewas - 5PRces- cis 6rn�� �FleK�o�l� =8� s�Ac�s 2007 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 OUTSIDE AND OUTDOOR SALES OPERATION AT 2400 COUNTY ROAD 1-12; PLANNING CASE NO CU2009-001 WHEREAS, Kevin Halverson with Robert's, has applied for a conditional use permit to operate a seasonal outside and 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 '/a 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 outside and 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 and parking plan dated April 1, 2009 f. Parking plan dated April 10, 2009 g. 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 outside and outdoor sales (flea market, farmers market and auctions) meets the requirements as outlined in Chapters 1115 and 1125 of the Zoning Code. Resolution 901 - 09 Page 2 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. 3. The seasonal outside and 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 outside sales (flea market, farmers market and auctions), with conditions as follows: 1. The City allows the outside sales to operate from April 1 to September 30 of each year. 2. The hours of operation of the outside sales shall be between 7:30 am to 1:30 pm. 3. There shall only be outside or 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 outside 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 outside sales. 6. The City only allows signage for the outside or outdoor sales and auctions as a part 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 outside 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 overnight parking or nothing to remain on the site after the sale(s) and auctions and outdoor storage is allowed as part of this approval. 9. There shall be no outside loudspeakers or public address systems allowed or used with the outside sales and auction activities on the site. 10. 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 four feet tall. Resolution 901 - 09 Page 3 11. By October 5, 2009, the property owner shall repair and restripe the parking lot. 12.The applicant shall provide the following on an annual basis to the City of Mounds View Community Development Director: 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. 13. 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 outside sales or auctions or the operation of the business 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) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 902 - 09 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM ALOWED OUTSIDE SALES AREA OF 3,389 SQUARE FEET, TO HAVE A TOTAL OF SQUARE FEET OF EXTERIOR or OPEN AND OUTSIDE SALES AREA FOR ROBERT'S SPORTS BAR, 2400 COUNTY ROAD H2; PLANNING CASES NO. CU 2009 — 001 AND VR 2009-002 WHEREAS, the applicant, Robert's Sports Bar, represented by Kevin Halverson, has requested a variance from the maximum allotment of open and outside sales area for his bar and restaurant located at 2400 County Road H2, legally know as: In Section 8, Township 30, Range 23, the North 363 Feet of the West 330 Feet of the NE'/4 of the SW 1/4 (Subject to the Roads) (PIN 08-30-23-31-0005) WHEREAS, Kevin Halverson with Robert's, has applied to the City 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 City has zoned the subject property, located at 2400 County Road H2, B-3 (Highway Business); and: WHEREAS, the Mounds View Zoning Code conditionally allows open and outside sales in B-3 and higher zoning districts; and, WHEREAS, the applicant is proposing to operate the outside sales from about April 2 to September 30 each year; and, WHEREAS, Section 1114.04, Subd. 5 a. of the City Code indicates that 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; and, WHEREAS, the existing building, according to City records, is 11,295 square feet in area which, by City Code, could have up to 3,389 square feet of area designated for outside sales; and, WHEREAS, Mr. Halverson of Robert's is requesting City approval to have an additional square feet of outside sales area on the subject property above the 3,389 square feet that the City Code allows (for a total of square feet of outside sales area on the property); and, Resolution 902 - 09 Page 2 WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement or use of the property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner's control; and, WHEREAS, according to Section 1125.02, of the Mounds View City Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order for the City to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following finding of facts related to this request: 1. The freestanding bar and restaurant at 2400 County Road H2 needs more area than the City Code allows for outside sales in their parking lot in order to have a viable and productive sales area. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights enjoyed by other properties in the B-3, Highway Business District in that the City encourages the highest and best use of properties and that variances to the City requirements are often justified when difficulties present a hardship as they do in this situation. 3. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 4. Granting the variance would not confer upon the property owner a special privilege denied to others in the same zoning district due to the unique nature of the request and that every property owner has the right to apply to the City for a variance to improve the function and viability of their business. 5. Allowing for additional square -feet of outside sales area in the parking lot would be the minimum variance necessary to alleviate the hardship. 6. The variance would not be materially detrimental to the purpose of the Municipal Code or to other property in the commercial zoning districts. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above -identified finding of facts, does hereby approve the square foot variance request, for a total of square feet of outside sales area, on the property of Robert's Sports Bar and restaurant located at 2400 County Road H2, contingent upon the following: Resolution 902 - 09 Paye 3 1. The applicant shall arrange to have recorded with Ramsey County this resolution of approval and provide the City with proof of such recordation within 60 days of the date of approval or the City shall consider this variance approval null and void. 2. The city must grant a conditional use permit to allow the outside sales and auctions on the subject property. If the City does not grant the conditional use permit within 60 days of approval of the variance, the City shall consider the variance null and void. 3. The applicant shall provide City staff with a final site plan of the property by May 1, 2009 showing on-site traffic flow, the areas to be used for outside sales and display, for customer parking and for employee parking. Adopted the 15th day of April 2009. Gary Stevenson, Chairperson ATTEST: Ken Roberts Community Development Director (SEAL) PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 1, 2009 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 7:04 p.m. April 1, 2009. 2. Roll Call Members Present: Chair Stevenson; Commissioners Cramblit, Lang, Meehlhause, Miller, Rundle and Walsh-Kaczmarek. Absent and Excused: None. Also Present: Community Development Director Roberts. Index to Minutes Page Planning Cases CU2009-001 — Consideration of a Conditional 2 Use Permit for Outdoor Seasonal Sales at Robert's Sports Bar (2400 County Road 112) 3. Approval of Minutes February 4, 2009 MOTION/SECOND: Commissioner Walsh-Kaczmarek/Commissioner Miller. To approve the minutes of the February 4, 2009 regular Planning Commission meeting as slightly amended. 4. None. Ayes — 7 Nays — 0 Motion carried. Citizens Requests and Comments on Items Not on the Agenda Mounds View Planning Commission Regular Meeting 5. Planning Cases April 1, 2009 Page 2 A. Planning Case CU2009-001 — Consideration of a Conditional Use Permit for Outdoor Seasonal Sales at Robert's Sports Bar (2400 County Road H2) Community Development Director Roberts stated Robert's Sports Bar located at 2400 County Road H2 is requesting a conditional use permit to have outdoor seasonal sales in the parking lot of the facility. The applicant is requesting for outdoor seasonal sales such as flea markets, farmer markets and auctions in the parking lot of the property. These activities would take place in morning hours to avoid conflict with the evening activities. He is proposing to rent space to vendors. He indicated there would be vendor spots on the north and east sides of the parking lot. Community Development Director Roberts stated the property is zoned B-3. He indicated there are 167 total parking spaces. The proposed plan has 78 spaces for vendors, 20 spaces for auction and 58 customer parking spots. The zoning code states outside sales are limited to 30 percent of the gross floor area of the principal use. The building is 11,295 square feet and that equals about 20 parking spaces. As proposed by the applicant, they would be over the number of spaces allowed by code for outside sales and as such, a variance would be needed. Community Development Director Roberts stated that Chapter 1125 of the city code requires the Planning Commission to review and address any potential adverse effects this may have. The Comprehensive Plan encourages existing businesses to remain in the city along with the introduction of new businesses. The CUP would be in line with the Comprehensive Plan. He felt that because the activity is on the furthest north part of the property assists in keeping the busiest activity away from the existing residential area. He noted that the arborvitaes located on the west edge of the property are in poor health and staff has recommended these be replaced. He did not know if this activity would depreciate the surrounding area. He stated it is a subjective call and will depend on how the activity is managed. He indicated there is no statistical information for a need for this activity. He indicated if vendors come want to be there and there is community support then there is a need. Community Development Director Roberts stated this proposal has been challenging for City staff. He stated the city wants to see businesses succeed but also wants to make sure all businesses are being respectful to surrounding neighbors. He stated there are three possibilities tonight: 1) approval the proposed Conditional Use permit; 2) table the proposed conditional use permit and have it brought back with specific direction for the applicant; or 3) deny the proposed conditional use permit. Commissioner Cramblit questioned why the sales would be on Thursday instead of Friday and Saturday. Mr. Kevin Halverson, Robert's Sports Bar, indicated on he would like to join in on the Thursday garage sale traffic. He thought residents could bring their garage sale items to Robert's and have the sale in one location. He stated he envisions somewhat of a "Market fest" setting. Mounds View Planning Commission Regular Meeting Commissioner Cramblit questioned the auction falling on a Thursday. April 1, 2009 Page 3 Mr. Halverson gave the example of an auction of an estate sale. He stated that instead of renting the spaces for ride share he thought this would be different. He stated the Blaine Jaycee's would be joining in. He stated he has talked with the auctioneer to get his ideas on out what would work in this area. Commission Cramblit suggested placing a fence along the west side of the property instead of the arborvitaes. He added there could be plantings of shrubs on the resident's property that would eventually grow to cover the fence. Community Development Director stated he was fine with a fence or the arborvitaes. Historically the arborvitaes have been on the property. Commissioner Walsh-Kaczmarek questioned the vendors may need additional permits or licenses by the city and how would Robert's make sure these licenses and permits are obtained. Mr. Halverson stated that the vendors have a license issued by the State of Minnesota and they will need to contact the City for licenses. He also stated if the vendor did not have the proper licensing he would not let the vendor set up that day. Community Development Director Roberts stated there will be no alcohol or tobacco sold. All other vendors will need to obtain proper licensing from the City of Mounds View. Commissioner Miller asked if there would be other events going on during the auctions. Mr. Halverson stated the auction items would be inside Robert's in the former cigar shop. Chair Stevenson asked how many neighbors are aware of the proposed outdoors sales. Community Development Director Roberts stated that staff notified 30 properties surrounding Robert's about this meeting. Chair Stevenson asked about the appearance of a flea market and table presentation. Mr. Halverson stated each vendor would provide their own tables but the displays need to be presentable. He stated his goal is to keep this a top-notch operation. Chair Stevenson stated he would like to see this request be divided into three parts: 1) farmer's market; 2) flea market; and 3) auctions. Mr. Halverson stated he has chosen respectable vendors and is hoping this idea would make Robert's more of an event center. Mounds View Planning Commission Regular Meeting April 1, 2009 Page 4 Commissioner Walsh-Kaczmarek indicated she thought it would be beneficial to the city for residents to be able to have a garage sale somewhere other than their garage. She asked if there would be availability for Mounds View residents to participate at Robert's. Mr. Halverson stated reservations will be a first come, first served basis and he hopes Mounds View residents do take advantage of this outdoor sales operation. Chair Stevenson indicated he would like to address the auction portion. He questioned if the auction would be conducted outside as well as inside. He stated auctions are loud and could be disruptive to the neighborhood. Mr. Halverson stated that if he receives any complaints he would take care of the issue. He stated the auction noise could be brought inside to the former cigar shop area. Community Development Director Roberts stated the city did not receive any feedback from the surrounding neighbors. Chair Stevenson suggested adding additional language to the resolution limiting the bidding actions to the inside of the building. Commissioner Meehlhause questioned the hours of operations with the business starting at 7:30 a.m. on a Sunday morning. He felt this was too early and questioned if it could be moved back. Commissioner Walsh-Kaczmarek stated she did not have a problem with Thursday or Saturday but Sunday could the starting time to 8:00 a.m. Commissioner Lang stated there is not much difference between Saturday and Sunday morning. If there is going to be noise either morning it could be disruptive to the surrounding neighbors. Mr. Halverson stated when the vendors are setting up their booths he and other would be responsible for communicating to the vendors that there are neighbors surrounding Robert's and they need to be respectful to that fact. Commissioner Meehlhause questioned if there would be any overnight parking in Robert's parking lot. Mr. Halverson stated there would not be any overnight parking. Community Development Director Roberts stated the parking issue is addressed in condition eight of the resolution. He stated he would add additional language about overnight parking. Commissioner Lang commented he has concerns but he would like to see this plan succeed because it could be beneficial for Mounds View. He stated Mr. Halverson has a good idea and has it envisioned in his mind. He stated it might be easier for the Planning Commission to understand if there was some documentation to back up this vision. Mounds View Planning Commission Regular Meeting April 1, 2009 Page 5 Chair Stevenson stated he is concerned it sounds like a good idea but is hesitant that it may not run as smoothly. Community Development Director Roberts asked if this was something they wanted to be brought back to the Planning Commission. Commissioner Walsh-Kaczmarek stated it was her understanding of the city code and the regular business operation would be going on simultaneous as the outdoor sales. Chair Stevenson indicated that is not necessarily true. He stated the Planning Commission based the current ordinance on what other communities were enforcing. He stated how much space that is allowed for outside sales in proportion to the size of the building. He stated he is comfortable with 30% for operation but maybe in this case it could be more than 30 %. Commissioner Meehlhause questioned the limited parking for the prospective customers. Mr. Halverson stated after 9:00 am if there are any open vendor spots, these would be used for customer parking. Community Development Director Roberts asked if Robert's had a contingency plan such as if the parking lot is full will there be someone at the entrance stopping cars from entering the parking lot. Commissioner Cramblit asked if he has approached Moe's Restaurant as a contingency plan Mr. Halverson stated Moe's and Robert's have worked together with parking issues previously and will talk with Moe's for a contingency plan. Commissioner Walsh-Kaczmarek suggested adding a review date to the resolution to ensure the operation is going smoothly. Community Development Director Roberts indicated he would be surprised if parking is an issue within the first year of operation. Commissioner Cramblit indicated that he thought this idea would work but he feels the Planning Commission needs more information. Chair Stevenson asked what additional information the applicant should provide for the next meeting. Commissioner Walsh-Kaczmarek stated she would like to see the flea market vendor portion have some control. In addition, she would like to see Mounds View residents have some preference over other vendors. She stated she would like to see this operation be successful Mounds View Planning Commission Regular Meeting April 1, 2009 Page 6 because it will bring vitality into the area but she feels the Planning Commission needs more written information for the next meeting. Commissioner Lang stated he has several items including traffic control with a minimum standard of how many individuals would be handling this, security regarding possible disputes with the open market style, standard for booths appearance, and noise control. Mr. Halverson stated that is business that he wants to see successful. He indicated he is going to do everything in he can to make sure this is a top-notch operation. Chair Stevenson stated the Planning Commission's job is to prevent problems. He stated as a commission we need to feel comfortable with the decisions we make and that the reasoning behind being extra cautious. Commissioner Cramblit stated he would like to see a written policy from Robert's for the flea market and the farmer market vendors that they would need to abide by. Mr. Halverson stated that he could get this information to the commission for the next meeting. Chair Stevenson stated the parking plan shown by Mr. Halverson tonight would need to be redesigned. He stated there is not enough parking for customers. MOTION/SECOND: Commissioner Cramblit/Commissioner Walsh-Kaczmarek. To table Resolution 901-09, a resolution recommending approval of a conditional use permit to allow an outdoor sales operation at 2400 County Road 142; Planning Case No. CU2009-001 to the next meeting Ayes —7 Nays — 0 Motion carried. Community Development Director Roberts questioned the parking requirement with the outdoor sales going on the same time as the original business. Chair Stevenson stated the ordinance is not totally contingent on the business being open. Commissioner Meehlhause stated if the Planning Commission needs to get the approval of the City Council and they might not go with the recommendation of the Planning Commission. Commissioner Lang stated he would not be comfortable approving a resolution with less than 50% of the parking available for customers. Chair Stevenson stated that during the summer you would find the residents that attend auctions may be leaving for the cabins on the weekends. Chair Stevenson questioned there has been plenty of information tonight. Mounds View Planning Commission Regular Meeting 6. Other Planning Activity None. 7. Next Planning Commission Meeting: A. April 15, 2009 B. May 6, 2009 8. Adjournment to Agenda Session April 1, 2009 Page 7 There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:50 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Ken Roberts Community Development Director Transcribed by: Barbara Sueiu TimeSaver Off Site Secretarial, Inc.