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HomeMy WebLinkAbout08-19-2009 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA August 19, 2009 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. July 1, 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 None 6. Other Planning Activity A. Review Code Amendment – Accessory buildings B. Review Code Amendment – Day care centers in public and semi-public buildings 7. Next Planning Commission Meetings: A. September 2, 2009 B. September 16, 2009 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. August 5, 2009 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 August 5, 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 7:00 p.m. August 5, 2009. ______________________________________________________________________________ 2. Roll Call Members Present: Chair Stevenson; Commissioners Cramblit, Lang, Miller, Rundle, and Walsh-Kaczmarek. Absent and Excused: Commissioner Meehlhause. Also Present: Planning Associate Heidi Heller, Community Development Director Roberts ______________________________________________________________________________ Index to Minutes Page Consideration of a Zoning Code Amendment, Development Review And Conditional Use Permit to Allow a Car Wash at the ‘The Station” 2 Review Accessory Building Code Amendment 3 _____________________________________________________________________________ 3. Approval of Minutes June 17, 2009 MOTION/SECOND: Commissioner Walsh-Kaczmarek/Commissioner Miller. To approve the minutes of the June 17, 2009 regular Planning Commission meeting as slightly amended. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ Mounds View Planning Commission August 5, 2009 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. Consideration of a Zoning Code Amendment, Conditional Use Permit and Development Review for a Car Wash at “The Station” located at 2280 County Road I: Planning Cases: TX 2009-001, CU2009-002, and DE2009-001 Planning Associate Heller stated that Leon Theis, the property owner of “The Station,” located at 2280 County Road I, has applied for three different planning requests. The first request is for a zoning code text amendment to allow car washes as a conditional use in a B-2 zoning district. She added the property was originally a legal non-conforming business until 2007, when Mr. Theis purchased additional property which increased his parcel up to the minimum lot size for a fuel station and applied for a zoning code amendment to allow small “neighborhood fuel stations” as a conditional use in B-2 districts. She stated if the current code amendment request was approved, it would affect other B-2 zoned properties; however, the business would still need to obtain a conditional use permit from the Planning Commission and City Council. Planning Associate Heller stated the second request is for the conditional use permit to add a car wash to the site assuming the code amendment is approved. She stated the Comprehensive Plan encourages the expansion of existing businesses and introduction of new businesses within Mounds View when compatible with surrounding uses. She stated “The Station” has operated as a fuel station for 50 years and the character of this area should not change with the addition of a car wash. She stated one item to consider is the close proximity of the multi-family housing however, The Station’s property does not directly abut any housing. She stated the location of the proposed car wash and the surrounding buildings should block much of the noise. She added staff is recommending limiting the hours of operations for the car wash to the noise ordinance hours, which are 7 am to 10 pm. She added that traffic would likely only increase a small amount with a car wash and there are adequate utilities and access roads available. She indicated the owner wants to improve and expand his business. Planning Associate Heller stated the items to consider for the Development Review discussion are the parking, setbacks and traffic. She added the applicant has more than adequate parking for the gas station, and there would not be any additional parking required for a car wash. She added the car wash would be 10 feet from the south property line and this setback is the minimum required setback. The unique issue with this area is that Fedor’s Market building is directly on the property line, so there would only be 10 feet between the proposed car wash and Fedor’s. She added one of the conditions that staff is recommending is, the 10-foot strip of land between the buildings must be maintained in order to prevent the area from becoming a dumping ground or overgrown. Staff has received three comments from nearby residents, and all were in support of a car wash at The Station. Mounds View Planning Commission August 5, 2009 Regular Meeting Page 3 ________________________________________________________________________ Planning Associate Heller stated before the Planning Commission are two resolutions. The first resolution is approving the zoning code amendment to Chapter 1113, and the second is approving the Conditional Use Permit and Development Review for a car wash at “The Station”, 2280 County Road I. Commissioner Walsh-Kaczmarek wanted clarification regarding Resolution 907-09 and the 10- foot residential district boundary. She confirmed with staff that The Station’s property does not abut a residential district. Commissioner Miller asked about the delivery truck drivers that park in The Station’s parking lot. They deliver to The Station, and then deliver to Fedor’s while still parked at The Station. Mr. Leon Theis, 2280 County Road I, indicated there is plenty of room for the trucks and customer parking. Commissioner Miller added the improvements that Mr. Theis has done to the property are great. MOTION/SECOND: Commissioner Stevenson/Commissioner Lang. Resolution 907-09, approving a zoning code amendment to Chapter 1113, to add car washes as a Conditional Use in B-2 zoning districts. Planning Case No. TX2009-001 Ayes – 6 Nays – 0 Motion carried. MOTION/SECOND: Commissioner Walsh-Kaczmarek/Commissioner Rundle. Resolution 908- 09, Approval of a Conditional Use Permit and Development Review for a car wash at “The Station”, located at 2280 County Road I. Planning Cases CU2009-002 and DE 2009-001. Ayes – 6 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity A. Review Accessory Building Code Amendment Community Development Director Roberts stated the Planning Commission reviewed this code amendment at their last two meetings. He stated it was brought before the City Council, who had concerns with the 20 foot height limitation and felt that was too tall. The Council was concerned that a resident could build a 20-foot tall flat roof building, or have a rambler style home and a 20-foot high accessory building that would be taller than the primary structure. Commissioner Cramblit suggested specifications for different styles of homes. Director Roberts stated the City Council did not want to get that specific, but was more concerned with accessory buildings built with a steep roof like a chalet, which is completely different from the house. He added the City Council is concerned about larger accessory Mounds View Planning Commission August 5, 2009 Regular Meeting Page 4 ________________________________________________________________________ buildings and would like the roof to match the house roof style. He thought the City Council was trying to get away from design of the structure. He indicated the issue is not resolved and staff is looking for ideas from the Planning Commission. He added staff will make some more changes and this will be back before the Planning Commission at the August 19th meeting. Chair Stevenson suggested to remove the language “whichever is less” from Chapter 1104 Subd. 3; Height Limitations. Secondly, to address the flat roof issue, we could add language such as “a minimum of a 2-12 pitched roof is required.” Commissioner Walsh-Kaczmarek added that if a resident wants to put in a green roof, the roof would need to be flat to grow the plants. Director Roberts stated if a resident wants to have a flat roof for a garden, the resident would need to apply for a variance and come before the Planning Commission. Planning Commissioner Lang indicated he wanted to keep the proposed language in Chapter 1104.03 subd. 3 Height Limitations: “not to exceed the principal structure, whichever is less”. Chair Stevenson questioned if 20 feet was too high. He added that when the Planning Commission suggested 20 feet, it was for residents to be able to store RV’s inside their garages. Director Roberts asked if 18 feet would be adequate. Commissioner Cramblit suggested the code language should read if it is a two story home it should not exceed 20 feet to the peak and if it is single story it should be a foot less than the peak of the house. Planning Associate Heller stated the trend in the last few years for new garages has been residents wanting storage space above the garage so they are building them taller. Director Roberts indicated the new drafted language would be brought before the Planning Commission at the August 19th meeting. ______________________________________________________________________________ 7. Next Planning Commission Meeting: A. August 19, 2009 B. September 2, 2009 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:03 p.m. ______________________________________________________________________________ Mounds View Planning Commission August 5, 2009 Regular Meeting Page 5 ________________________________________________________________________ (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: August 19, 2009 Type of Business: Action Administrator Review: ______ City of Mounds View Staff Report To: Mounds View Planning Commission From: Ken Roberts, Community Development Director Item Title/Subject: Proposed Code Amendment - Accessory Buildings Introduction: Community Development staff has been making a list of code amendments that the City should make. This report is an update on one of the proposed code amendments (Accessory Buildings). Background: On July 27, 2009, the City Council considered the first reading of six different ordinances for amendments to the City Code. The Council gave four of the proposed ordinances first reading and delayed taking action on the other two – Ordinance 828 (about accessory structures) and Ordinance 832 (about day care centers in institutional buildings). The Council asked staff to research further the issues and concerns related to the two ordinances that they did not act on. On August 3, 2009, the City Council again discussed Ordinance 828 (Accessory Buildings) during their work session. The Council commented that they want to ensure that the roofs on accessory buildings be in character with or similar to the roof of the principal structure, that the City not allow flat roofs and that 20 feet was too tall for such buildings. On August 5, 2009, the Planning Commission again discussed the proposed Ordinance 828 about accessory buildings. The commission agreed that requiring at least a 2-12 pitch on the roofs of accessory buildings was a good idea and that the City should set the maximum height for these structures at 18 feet. Discussion: I have updated the proposed code language based on the most recent comments of the City Council and Planning Commission. This includes setting a maximum height for accessory buildings at 18 feet, that an accessory building shall not exceed the height of the principal structure, that the roof have a pitch or slope and that the roof match or be similar to the character and style of the roof of the principal structure. In addition to the suggestions of the City Council and the Planning Commission, I added language to 1106.03, Subd.1 g. about the exterior materials of accessory buildings. This additional wording should strengthen and clarify the exterior design requirements for such structures. PC Report Accessory Building Code Changes August 19, 2009 Recommendation: Staff recommends that the Planning Commission review and discuss Resolution 909-09. Staff is recommending approval of the attached resolution. Respectfully submitted, Ken Roberts - Community Development Director Attachment: Resolution 909-09 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 909-09 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 1102, 1104 AND 1106 OF THE MOUNDS VIEW ZONING CODE ABOUT THE DEFINITION OF BUILDING HEIGHT AND ABOUT VARIOUS CODE PROVISIONS ABOUT ACCESSORY BUILDINGS INCLUDING HEIGHT, REQUIRED ACCESSORY BUILDING SEPARATION DISTANCE, MATERIALS AND EXTERIOR DESIGN THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1: Chapter 1102 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1102.02, Definitions: Subd. 12. Building Height. Building height is to be measured from the average established curb level or from the average ground level at the building line, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof and to the mean distance of the highest gable on a pitched or hipped roof to the highest roof surface. SECTION 2: Chapter 1104 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1104.02, Subd. 3, Height Limitations: f. The height of any accessory building or structure shall not exceed 18 feet or that of the principal structure, whichever is less. SECTION 3: Chapter 1106 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1106.03, Subd. 1. Accessory Uses: b. Accessory buildings shall not exceed fifteen eighteen feet (18’) or that of the principal structure, whichever is less, in height and shall be five feet (5’) or more from all lot lines of adjoining lots. Accessory buildings 120 square feet or under shall be three feet (3’) or more from any other building or structure on the same lot. Accessory buildings larger than 120 square feet shall meet the minimum fire separation distance as required by the Minnesota State Building Code. Resolution 909-09 Page 2 SECTION 4. Chapter 1106.03 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: g. Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular metal and canvas or exposed plywood, particle board or similar materials shall not be permitted. The City does not allow cloth, canvas, plastic sheets and tarps or similar materials as primary exterior materials on accessory buildings (except for on green houses). SECTION 5. Chapter 1106.03 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: i. The roof of all accessory buildings exceeding two hundred fifty (250) square feet in size shall: 1. Match or be similar to the character and style of the roof of the principal structure. 2. Have a pitch or slope of at least 2-12. WHEREAS, amending the Zoning Code to change the requirements for accessory buildings will serve to clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Chapters 1102, 1104 and 1106 of the Mounds View Zoning Code pertaining to building height and accessory buildings as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of August, 2009. _________________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________________ Kenneth Roberts, Community Development Director (SEAL) ORDINANCE 828 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 1102, 1104 AND 1106 OF THE MOUNDS VIEW ZONING CODE ABOUT THE DEFINITION OF BUILDING HEIGHT AND ABOUT VARIOUS CODE PROVISIONS ABOUT ACCESSORY BUILDINGS INCLUDING HEIGHT, REQUIRED ACCESSORY BUILDING SEPARATION DISTANCE, MATERIALS AND EXTERIOR DESIGN THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1: Chapter 1102 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1102.02, Definitions: Subd. 12. Building Height. Building height is to be measured from the average established curb level or from the average ground level at the building line, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof and to the mean distance of the highest gable on a pitched or hipped roof to the highest roof surface. SECTION 2: Chapter 1104 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1104.02, Subd. 3, Height Limitations: g. The height of any accessory building or structure shall not exceed 18 feet or that of the principal structure, whichever is less. SECTION 3: Chapter 1106 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1106.03, Subd. 1. Accessory Uses: c. Accessory buildings shall not exceed fifteen eighteen feet (18’) or that of the principal structure, whichever is less, in height and shall be five feet (5’) or more from all lot lines of adjoining lots. Accessory buildings 120 square feet or under shall be three feet (3’) or more from any other building or structure on the same lot. Accessory buildings over 120 square feet shall meet the minimum fire separation distance as required by the Minnesota State Building Code. Ordinance 828 Page 2 SECTION 4. Chapter 1106 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: g. Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular metal and canvas or exposed plywood, particle board or similar materials shall not be permitted. The City does not allow cloth, canvas, plastic sheets and tarps or similar materials as primary exterior materials on accessory buildings (except for on green houses). SECTION 5. Chapter 1106 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: i. The roof of all accessory buildings exceeding two hundred fifty (250) square feet in size shall: 3. Match or be similar to the character and style of the roof of the principal structure. 4. Have a pitch or slope of at least 2-12. SECTION 6. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on __________, 2009. Second Reading and Adoption by the Mounds View City Council on __________, 2009. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ James Ericson, Clerk-Administrator (seal) Item No: 6B Meeting Date: August 19, 2009 Type of Business: Other Planning Activity City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Review Code Amendment – Daycare Centers in Public and Semi-Public Buildings Introduction: Community Development staff has been making a list of code amendments that the City should make. This report is an update on one of the proposed code amendments – daycare centers in public and semi-public buildings). Background: On July 27, 2009, the City Council considered the first reading of six different ordinances for amendments to the City Code. The Council gave four of the proposed ordinances first reading and delayed taking action on the other two – Ordinance 828 (about accessory structures) and Ordinance 832 (about day care centers in public and semi-public buildings). The Council asked staff to research further the issues and concerns related to the two ordinances that they did not act on. On August 24, 2009, the City Council is scheduled to hold the first reading of Ordinance 832 (Daycare centers in public and semi-public buildings) during their Council meeting. Discussion: The City Council discussed the code amendment, which would allow daycare centers to operate in public or semi-public buildings, such as a church, community center or school, which are typically in R-1 zoned districts. Staff initially drafted the code amendment to read that a daycare center would be allowed as a conditional use in these types of public or semi- public buildings. When the City Council discussed this, they suggested that since a church or school already has a conditional use permit to operate in an R-1 zoning district, is it necessary to have them get another conditional use permit just to add a daycare as an accessory use? Staff agreed with the City Council, and changed the code amendment language to reflect this. Since there are now also day care centers for adults, these could also operate in the public or semi-public buildings. The current definition for day care center in the zoning code specifies “children,” so staff is proposing that the City add a definition to the city code specifically for adult day care. Code Amendment Report Daycare centers in public and semi-public bldgs Page 2 Recommendation: Staff recommends that the Planning Commission review and discuss Resolution 910-09. Respectfully submitted Heidi Heller Planning Associate Attachment: Resolution 910-09 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 910-09 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTERS 1102 AND 1106 OF THE MOUNDS VIEW ZONING CODE TO ALLOW DAYCARE CENTERS AS A CONDITIONAL USE IN R-1 DISTRICTS IN PUBLIC OR SEMI-PUBLIC RECREATIONAL BUILDINGS AND NEIGHBORHOOD OR COMMUNITY CENTERS, PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS LIMITED TO ELEMENTARY, JUNIOR HIGH AND SENIOR HIGH SCHOOLS AND RELIGIOUS INSTITUTIONS, SUCH AS CHURCHES, TEMPLES AND SYNAGOGUES WHEREAS, City staff has recommended that a definition for adult day care be added to Chapter 1102.02, and that daycare centers be added as a conditional use in R-1, Single Family Residential Districts in public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools and religious institutions, such as churches, temples and synagogues in Chapter 1106.04 of the Zoning Code; and, WHEREAS, City staff has amended Chapter 1102.02 by adding a definition for Adult Day Care as follows: DAY CARE, ADULT: A non-residential facility or program that provides care or activities for elderly and/or handicapped individuals. WHEREAS, City staff has amended Chapter 1103.18 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 1. Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools and religious institutions, such as churches, chapels, temples and synagogues; provided, that: a. Front yard depths shall be a minimum of thirty five feet (35'). b. Side yards shall be no less than thirty feet (30'). 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. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1103.08 of this Title. Resolution 910-09 Page 2 e. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street to the principal use in compliance with Chapter 1121 of this Title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 1103.08 of this Title. f. Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 1122 of this Title. g. The provisions of Section 1125.01, subdivision 1e of this Title are considered and satisfactorily met. (Ord. 590, 11-25-96) h. Day care center, group nursery or adult day care operating as a secondary or accessory use in a public or semi-public recreational building, neighborhood or community center, public and private educational institution limited to elementary, junior high and senior high schools, and religious institutions, such as churches, chapels, temples and synagogues; subject to the following conditions: a. No overnight facilities are provided for the persons served. The participants shall be delivered and removed from the facility daily. b. All signing and informational or visual communication devices shall meet the requirements of the Mounds View Sign Code. c. 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. d. 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, is 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. e. The operator shall secure all necessary Ramsey County or State of Minnesota licenses and approvals. WHEREAS, amending the Zoning Code to add daycare centers as a conditional use in R-1, Single Family Residential Districts in public or semi-public recreational buildings, K-12 public and private educational institutions and religious institutions will serve to clarify the zoning requirements; and, Resolution 910-09 Page 3 WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Chapters 1102.02 and 1106.04 of the Mounds View Zoning Code to add a definition for Adult Day Care, and add daycare centers as a conditional use in R-1, Single Family Residential Districts in public or semi-public recreational buildings, K-12 public and private educational institutions and religious institutions as defined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of August, 2009. _________________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________________ Kenneth Roberts, Community Development Director (SEAL)