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HomeMy WebLinkAbout04-04-2007 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA April 4, 2007 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. March 7, 2007 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already Present on the Agenda. (Before speaking, please give your full name and address for the minutes.) 5. Planning Cases A. Continuation: Consideration of an Amendment to the Mounds View Zoning Code Chapters 1102 and 1113 to add a “Neighborhood Motor Fuel Station” as a definition and as a Conditional Use in a B-2 Zoning District. B. Continuation: Application for a Minor Subdivision and Conditional Use Permit for “The Station” at 2280 County Road I Applicant: Moundsview Fina – owners Leon Theis & Tom Manke Address: 2280 County Road I C. IU2007-001: Application for a Billboard Abutting Highway 10 between SYSCO Foods and Medtronic Applicant: Clear Channel Outdoor Address: Outlot A, SYSCO SECOND ADDITION 6. Other Planning Activity A. Review Definition of “Family” 7. Next Planning Commission Meetings: A. April 18, 2007 B. May 2, 2007 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. March 21, 2007 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion DRAFT PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 21, 2007 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. March 21, 2007 ______________________________________________________________________________ 2. Roll Call Members Present: Chair Stevenson, Commissioners Cramblit, Gunn, Meehlhause, and Walsh-Kaczmarek Absent and Excused: Commissioners Miller and Lang Also Present: Planning Associate Heller ________________________________________________________________________ Index to Minutes Page Planning Cases MA2007-001; Consideration of a Major Subdivision for 2 8360 Long Lake Road _______________________________________________________________________ 3. Approve Minutes A. January 24, 2007 MOTION/SECOND: Commissioner Gunn/Commissioner Cramblit to approve the Minutes of the January 24, 2007 regular Planning Commission meeting as slightly amended. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission March 21, 2007 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Cases A. MA2007-001; Consideration of a Major Subdivision for 8360 Long Lake Road Planning Associate Heller reported this planning case is for a major subdivision at 8360 Long Lake Road. She stated the proposed 1.55 acre subdivision would create three buildable lots from one existing lot. She commented that even though the property is less than two acres in size, this is a major subdivision due to the fact that more than one additional lot is being created. Planning Associate Heller explained that in July 2006, a different applicant who had a purchase agreement with the current applicant went through the subdivision process, with the final plat approved by City Council in August 2006. She reported that as a condition of the approval, the applicant was given 120 days after the date of approval to complete the process by recording the documents with Ramsey County and paying the park dedication fee to the City. Planning Associate Heller explained the applicant did not follow through, thus the approval was voided in December 2006. She stated the property owner has now chosen to complete the subdivision herself. Planning Associate Heller stated the property is zoned R-1, Single Family Residential and the proposed subdivision would be consistent with the existing zoning of the property. She stated the proposal plans to keep the existing home, which means the three lots would be slightly different in size, but all lots would far exceed the minimum lot size requirements. She pointed out that even with the slight jog in the property line; lot three would still have a 75 foot width at the front and back of the lot since the south property line slopes slightly to the southwest. Planning Associate Heller reported the proposed plan would be consistent with the R-1 designation and consistent with the residential goals and policies as articulated in the Land Use section of the Comprehensive Plan. She stated the proposal would also be consistent with specific housing goals and policies articulated in the Comp Plan. Planning Associate Heller commented the City’s Surface Water Management Plan guides the City in regards to drainage and storm water management. She stated the property is located in a minor water shed area (AA-1 and AA-5 sub-watersheds) with the boundary between the two sub- watershed appears to run through the middle lot. Planning Associate Heller reported the City’s Subdivision Code requires plats to dedicate perimeter drainage and utility easements for each lot in the subdivision. She explained this plat did dedicate the necessary perimeter easements. She reported a 45 foot drainage and utility easement along the west property line would remain. Planning Associate Heller commented there are no wetlands on the property. Planning Associate Heller reported the three new lots would have access onto Long Lake Road, which is county owned. She commented the street is adequate to handle the small amount of added traffic that two additional homes would create. She explained that any work to the Mounds View Planning Commission March 21, 2007 Regular Meeting Page 3 ________________________________________________________________________ boulevard would require a permit from the county and alterations to the existing sidewalk would require a permit from the city. Planning Associate Heller indicated the subdivision is subject to a park dedication fee. She stated the fee would be assessed at equal to ten percent of the market value of the land. She explained that to establish market value, staff uses Ramsey County assessed values as the basis for dedication computation. She commented that since there is already one existing home on the property, the park dedication fee would be based on 2/3 of the land value. She stated the dedication fee would be $10,640 and has been communicated to the applicant. Planning Associate Heller stated all utilities on the site would be installed underground, per Section 1203.10 of the Code. She commented the water and sanitary sewer lines are easily accessible. Planning Associate Heller mentioned the amount of traffic generated by an average single-family home is about ten vehicle trips per day, thus, one could expect an additional 20 movements along Long Lake Road as a result of the subdivision. Planning Associate Heller reported the 1.55 acre site is mostly tree covered. She stated the City Forester visited the site last summer and determined there are four or five large red oak trees near the current house that would be worth saving when the new homes are built. She indicated staff recommends that upon each lot’s completion and the house has been constructed, the yard areas be sodded and a minimum of two trees exist in the front yard. She explained the trees could be existing trees or newly planted ones if trees are removed. She stated new trees would be chosen from an approved list by the City Forester. Planning Associate Heller pointed out there are no wetlands identified on the property on the National Wetlands Inventory Map or the City’s official Wetland Zoning Map. She explained that since the property is over one acre in size, the applicant would need to apply for a general storm water permit from the MPCA and contact Rice Creek Watershed District to check on permit requirements. Planning Associate Heller informed the Commission that while a public hearing is not required for its action, staff sent notices to property owners within 350 feet of the project area. She indicated no feedback was received. Planning Associate Heller stated staff recommends the Commission review the plans and discuss the proposed preliminary plat. She reported staff review revealed no deficiencies and is recommending approval of the preliminary plat. Chair Stevenson remarked the information packet is laid out well with the photos and graphic details of the lots. Commissioner Meehlhause asked what size homes could be built on the lots. Mounds View Planning Commission March 21, 2007 Regular Meeting Page 4 ________________________________________________________________________ Planning Associate Heller replied the lots are large enough to handle a fairly good size house. Commissioner Meehlhause asked if the subdivision would be impacted by the tree ordinance being considered. Planning Associate Heller replied the timing would depend on when the tree ordinance is passed and permits are received on the homes. Chair Stevenson asked residents in the audience had questions. The applicant, Char Moschkau, asked for clarification on the proposed tree ordinance. Planning Associate Heller briefly explained a proposed tree preservation ordinance is being considered to save trees in Mounds View. Chair Stevenson clarified the purpose of the proposed ordinance is to discourage clear-cutting and to save some of the larger trees in Mounds View. MOTION/SECOND: Commissioner Meehlhause/Commissioner Walsh-Kaczmarek to approve Resolution 862-07, a Resolution Recommending Approval of the Preliminary Plat for a Major Subdivision Located at 8360 Long Lake Road, Planning Case MA2007-001. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity A. Proposed Amendments to Mounds View Zoning Code Chapters 1102 and 1113; Pertaining to a “Neighborhood Motor Fuel Station.” Planning Associate Heller reported staff has been working on a solution to allow The Station at 2280 County Road I to become a conforming use without having to rezone the property or do a comprehensive plan amendment. She stated the Planning Commission indicated they were supportive of The Station’s desire to become conforming and to add two additional fuel pumps, but were hesitant to change the property to a higher intensity designation because of what it could open up the site to in the future should the owners decide to sell the property. Planning Associate Heller stated staff proposes the Mounds View Zoning Code be amended to add the definition of a “Neighborhood Motor Fuel Station” and allow this smaller gas station in a B-2 zoning district as a conditional use. She indicated staff drafted a definition for a Neighborhood Motor Fuel Station and the proposed addition to the B-2 zoning code, Chapter 1113. She stated the City Attorney reviewed the proposal and indicated it could be a satisfactory option rather than rezoning and a Comprehensive Plan Amendment to a higher intensity use. Planning Associate Heller reported staff researched five other cities’ zoning codes relating to gas station definitions and the zoning districts allowing gas station operations. She indicated the Mounds View Planning Commission March 21, 2007 Regular Meeting Page 5 ________________________________________________________________________ cities included Maplewood, Arden Hills, Vadnais Heights, Blaine, and Fridley. She reported some had two gas station distinctions: convenience food store with accessory gas pumps and a service station that may have auto services. She explained the cities defining a service station only allowed them in at least a B-3 or comparable zoning district, whereas, the convenience food store with gas pumps was allowed, depending on the city, in B-1 or B-2 districts. She stated all cities, except Maplewood, allowed gas stations in lower zoned business districts than a B-3 (or comparable), and all five cities only allowed a gas station as a conditional use. Planning Associate Heller stated staff drew up a proposal for an amendment to the zoning code. She commented staff recommends the Planning Commission discuss the proposal and determine the direction that it would like to go. Chair Stevenson stated he saw significant proposals were allowing gas stations by conditional use only and therefore there would be no automotive service or repair, not be more than the smaller number of pumping stations allowed. He commented he agreed with the proposed B-2 allowance for a motor fuel station. Commissioner Walsh-Kaczmarek asked if the language was significant enough to prevent the proliferation of other stations trying to do more. Chair Stevenson replied the amendment has the exact type of language to deter additional gas stations from coming in. He stressed he did not foresee a problem from additional gas stations. Commissioner Gunn sited the existing definition, “including minor accessories …” and asked if the new 'item c’ should be included in the definition rather than where it is in the new proposal. Planning Associate Heller replied the definition did not need to include what you are not allowing. Commissioner Meehlhause asked if the ordinance should make reference to the convenience store as they are part of most gas stations. Planning Associate Heller stated convenience stores are listed separately in the ordinance. A discussion ensued on convenience stores among the Commissioners. Planning Associate Heller reported sending the staff report to the City Attorney for review. She commented he stated it looked reasonable. Commissioner Walsh-Kaczmarek asked about the provisions to reduce noise in p and r under the Existing Chapter 1114.04, B-3 District, Subd. 3. Planning Associate Heller replied it refers to when the station is next to a residential area and then a buffer would be required. She stated it is not applicable in this case. Mounds View Planning Commission March 21, 2007 Regular Meeting Page 6 ________________________________________________________________________ Commissioner Walsh-Kaczmarek asked if ‘r’ restricts the gas station’s option for a pay at the pump. Commissioner Cramblit explained it refers more to another company having an outside type sale here, such as a tow truck, food cart, or art work for sale. Planning Associate Heller stated the amendment, along with the minor subdivision and conditional use permit requests, would be brought back to the next Planning Commission meeting and presented as a formal resolution for a vote. _____________________________________________________________________________ 7. Next Planning Commission Meetings: A. April 4, 2007 B. April 18, 2007 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:45 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Dianna Wise TimeSaver Off Site Secretarial, Inc. Item No: 5A Meeting Date: April 4, 2007 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of Amendments to the Mounds View Zoning Code: Chapter 1102 Amendment to Define “Neighborhood Motor Fuel Station” and Chapter 1113 Amendment to allow a “Neighborhood Motor Fuel Station” as a conditional use in a B-2 District. After discussion at the March 7th Planning Commission meeting, Staff worked on a solution to allow The Station, at 2280 County Road I, to become a conforming use without having to rezone their property or do a comprehensive plan amendment. The Planning Commission indicated that they were supportive of The Station’s desire to become conforming and add two additional fuel pumps, but were hesitant to change the property to a higher intensity designation because of what that could be opening this site up to in the future if the owners were to sell the property. Currently the zoning code only has one definition of a motor fuel station, regardless of size. The Planning Commission felt that The Station could be defined as a “neighborhood gas station” and allowed to operate in less than a B-3 zoning district. Staff discussed this proposal at the March 21st Planning Commission meeting, and the Commission indicated they were supportive of this proposal and wanted to move forward with it. Staff is proposing that the Mounds View Zoning Code could be amended to define a “Neighborhood Motor Fuel Station” and to allow a smaller gas station in a B-2 zoning district as a conditional use. Staff has drafted a definition for a Neighborhood Motor Fuel Station and the proposed addition to the B-2 zoning code, Chapter 1113, allowing a Neighborhood Motor Fuel Station to be allowed as a conditional use. The City Attorney has reviewed this proposal and indicates this is a satisfactory option rather than rezoning and amending the Comp Plan to a higher intensity use. Recommendation: Staff recommends amending the Zoning Code to define a “Neighborhood Motor Fuel Station” and add “Neighborhood Motor Fuel Station” as a conditional use in a B-2 Zoning District. This was also supported by the City Attorney. If the Planning Commission agrees, Staff will start the process of amending Chapters 1102 and 1113 of the Mounds View Zoning Code. Resolution 863-07 is attached for action if the Commission so chooses. Respectfully submitted by, Heidi Heller Planning Associate Zoning Code Amendment Report Page 2 PROPOSED ADDITIONAL LANGUAGE TO BE ADDED TO THE ZONING CODE FOR A NEIGHBORHOOD MOTOR FUEL STATION Proposed addition to Definitions, Chapter 1102: NEIGHBORHOOD MOTOR FUEL STATION: A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or greases, for operation of automobiles, are retailed directly to the public on premises with a small number of fuel dispensing pumps. Proposed addition to B-2 District, Chapter 1113 Chapter 1113.04: Conditional Uses: Subd. 8. Neighborhood Motor Fuel Station; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. There shall be a maximum of four motor fuel dispensing pumps on the site. c. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. e. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. i The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title Zoning Code Amendment Report Page 3 j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Each light standard island and all islands in the parking lot shall be landscaped or covered. m. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. n. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code 1 . p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. 1 See Chapter 1008 of this Code. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 863-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE “NEIGHBORHOOD MOTOR FUEL STATION” AND CHAPTER 1113 TO ADD A NEIGHBORHOOD MOTOR FUEL STATION AS A CONDITIONAL USE IN A B-2 ZONING DISTRICT WHEREAS, the Planning Commission has recommended that a definition be added to the Zoning Code to define the use of “Neighborhood Motor Fuel Station”, and to allow a Neighborhood Motor Fuel Station as a conditional use in a B-2 zoning district, WHEREAS, City staff, working in consultation with the City Attorney, has prepared a definition to be added to Chapter 1102 of the Mounds View Zoning Code, to read as follows: “NEIGHBORHOOD MOTOR FUEL STATION: A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants or greases, for operation of automobiles, are retailed directly to the public on premises with a small number of fuel dispensing pumps.” WHEREAS, amending the Zoning Code to incorporate such a definition will serve to distinguish the zoning requirements for motor fuel stations; and, WHEREAS, the Mounds View Planning Commission recommends the following conditional use be added to Chapter 1113 of the Mounds View Zoning Code to read as follows: See Attachment A WHEREAS, the Mounds View Planning Commission concurs that these amendments to the City Code are warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1102 of the Mounds View Zoning Code by incorporating the definition for a Neighborhood Motor Fuel Station as defined herein. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1113 of the Mounds View Zoning Code to incorporate a Neighborhood Motor Fuel Station as a conditional use. Resolution 863-07 Page 2 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 4th day of April, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) Resolution 863-07 Page 3 ATTACHMENT A Chapter 1113.04: Conditional Uses: Subd. 8. Neighborhood Motor Fuel Station; provided, that: a. Regardless of whether the dispensing, sales or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Title for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. d. There shall be a maximum of four motor fuel dispensing pumps on the site. e. There shall be no automotive service, repair or rebuilding allowed on the site. d. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. e. The entire site, other than that taken up by a building, structure or plantings, shall be surfaced with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet (150' x 130') be provided. g. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed. h. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. i The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right of way and shall be in compliance with Section 1103.09 of this Title j. Wherever fuel pumps are to be installed, pump islands shall be installed. k. At the boundaries of a residential district, a strip of not less than ten feet (10') shall be landscaped and screened in compliance with subdivisions 1103.08(l) through (5) of this Title. l. Each light standard island and all islands in the parking lot shall be landscaped or covered. Resolution 863-07 Page 4 m. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with subdivisions 1103.08(l) through (5) of this Title. n. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121 of this Title and shall be subject to the approval of the Director of Public Works/City Engineer. o. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Mounds View Sign Code 2 . p. Provisions are made to control and reduce noise. q. No outside storage except as allowed in compliance with subdivision 4 of this Section shall exist. r. No outside sale or service shall exist. s. Sale of products other than those specifically mentioned in this Section shall be subject to the conditional use permit. t. All conditions pertaining to a specific site are subject to change when the City Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. u. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. 2 See Chapter 1008 of this Code. Item No: 5B Meeting Date: April 4, 2007 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Minor Subdivision and Conditional Use Permit for the Property located at 2280 County Rd I: Planning Cases: MI2007-001 and CU2007-002 Introduction: The applicant, Moundsview Fina, LTD, represented by owners Leon Theis and Tom Manke, own the property and gas station at 2280 County Road I, commonly known as “The Station.” There are now only two planning requests to bring the current gas station into conformance with the City Code: a minor subdivision to combine adjacent properties with 2280 County Road I, and a Conditional Use Permit to allow a gas station in a B-2 district. Background: The Station was built in 1959 as “Gulf” and currently exists as a legal nonconforming use. The property owners would like to add two additional fuel pumps to the site and expand the current canopy to cover both sets of pumps. By doing this, the nonconforming use would be expanded. The City Code allows the existing nonconformance to continue, but not be expanded upon. This application involves planning requests, which if approved, would bring the gas station into total code compliance and allow them to add the additional fuel pumps. In 1996, the owners requested a variance to install two canopies over the four existing fuel pumps. Both variance requests were denied, as they constituted an enlargement of a nonconforming use. Subsequent to the variance denial, the owners requested and the Council approved an amendment to the City Code which excluded canopies from the enlargement restrictions, thus enabling the owners to install the canopy as desired. During the time of canopy construction, two of the original four pumps were removed. In 2004, the applicants wanted to reinstall the two fuel pumps and applied for a conditional use permit as the first step toward making the fuel station a conforming use. The CUP was denied due to not meeting the minimum CUP requirements for a gas station and the nonconforming status. Currently The Station is located on a 9,562 square foot lot (134.67’ x 71’) and there is no record of a Conditional Use Permit. In order for a gas station to be a conforming use, it must meet the following requirements: a minimum lot size of 22,500 square feet with lot dimensions of at least 130’ x 150’ and a conditional use permit to allow a gas station. The Station owners have signed a purchase agreement to buy neighboring property to the south which would bring their lot size to 24,395 square feet with dimensions of approximately 134’ x 187’. The Station Staff Report April 4, 2007 Page 2 Minor Subdivision Discussion: The Station currently owns one 9,562 square foot parcel ( 0.22 acres) at the northeast corner of the site, and the neighboring Alanon Society’s property is made up of four small parcels surrounding The Station. This subdivision action would create two parcels, rather than five (see diagrams below). The Station owners have a purchase agreement with the Alanon Society to purchase an additional 14,833 square feet to be added to their property in order to meet the minimum lot size requirements for a gas station. A minor subdivision of this lot would be consistent with the Zoning Code, subdivision regulations and the Comprehensive Plan. The resulting area of the proposed parcels is as follows: Parcel Proposed Use Area (Sq Ft / Acres) A The Station 24,395 / 0.56 B Remainder of New Brighton Alanon property 15,195 / 0.35 The Station Existing parcel conditions – the Alano Society owns the 4 small parcels surrounding The Station. The lines are indicating that the 4 parcels are linked together for county tax purposes. The Station Staff Report April 4, 2007 Page 3 garage New Parcel B New Parcel A Proposed conditions – the new north-south line dividing the properties jogs over because there is a garage in the southwest corner that will remain. Zoning Requirements The new lot to be created for The Station (Parcel A) with this subdivision/lot combination would exceed the minimum 22,500 square foot area and 130’ x 150’ lot size dimension requirements for a gas station, which is the goal of the applicants. Park Dedication Requirements Every subdivision of land is subject to park dedication requirements. The City Code in Chapter 1202 indicates that up to 10 percent of the land value be dedicated to the City to help offset future park impacts associated with the development of land. This subdivision will not result in any additional housing units, however there would be an intensification of the usage with the additional fuel pumps. A park dedication fee may be appropriate in this case. The City Council will need to make this determination. Easements With every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lot. Easements should be taken around the periphery of Parcels A and B. Because easements can not be dedicated on Certificates of Survey or registered land surveys, dedication is accomplished by a separate document recorded at the same time the new deeds are recorded. The Certificate of Survey shows the location of these easements and bears text stating that the property is subject to the easements. The resolution states that they will be recorded with Ramsey County by a separate document. Staff will prepare these documents with descriptions provided by the applicant’s surveyor. The Station Staff Report April 4, 2007 Page 4 Technical Issues The Certificate of Survey and Title Commitment have been sent to the City Attorney’s office for review. The City’s Public Works Department has reviewed the site plans and does not have any issues with what is proposed. They indicated that any driveway access changes could be made when the street reconstruction project happens in this area. Staff has also sent the site plans to Ramsey County Public Works due to The Station being located on County Road I. Conditional Use Permit Discussion: Section 1113.04 of the amended Zoning Code would conditionally allow Neighborhood Motor Fuel Stations in B-2 districts. The applicant would like to add two additional fuel pumps, and is applying for a conditional use permit in order to bring the business into compliance and be allowed to expand. CUP Considerations: With every Conditional Use Permit application, 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, traffic, adequate utilities and access roads and the demonstrated need for such a use. Each of these potential adverse effects is reviewed and addressed on the following page. Relationship with the Comprehensive Plan: The Comprehensive Plan encourages the expansion of existing businesses and introduction of new businesses within Mounds View when compatible with surrounding uses. The Station is surrounded by a variety of zoning designations and land uses, which include single family residential, high density residential, a church, office space, and a neighborhood grocery store. If the requested zoning code amendment is approved, this CUP could be in line with the Comp Plan “neighborhood commercial” land use designation. The Geographical Area Involved: This business is located on County Road I, where it has operated as a gas station for almost 50 years. County Road I is the City’s only other commercial corridor aside from County Road 10. Depreciation: The Station has been a neighborhood gas station in Mounds View for many years. The owners are happy doing business in Mounds View and would like to remain here and improve the business and property. It is unlikely that The Station is depreciating the area in which it is located and it is unlikely that its continued existence would further depreciate the area. Approving a conditional use permit will not change the current use of the property, nor should it change the neighborhood property values. The Station Staff Report April 4, 2007 Page 5 The Character of the Surrounding Area: This area of the City has a variety of housing types, a church, and a few small neighborhood businesses. The Station is located on County Road I, which is a busy 4-lane road running through the city and is near Pinewood Elementary and the I-35W connections. The character of this area would not change with the approval of this CUP. Traffic: There is some traffic around The Station, particularly during the weekday rush hours, due to County Road I being a main thoroughfare of the City and the close proximity to I-35W. The Station does produce customer traffic, but it has not been a problem from a public safety standpoint. The traffic in the area would likely not change with this CUP. Adequate utilities and access roads are available: The water and sewer lines that currently serve the property have adequate capacity to provide for this business. The Station is located on a corner and has ample access on to both streets, particularly onto Adams where there is no curbing and the entire parking lot blends into the street. The public works department has reviewed the proposed plans and has no issues. They stated that at the time of a street reconstruction project for Adams Street, the lack of designated access drives into this site could be addressed. The Demonstrated Need for Such a Use: The owners of The Station want to improve their business and must bring the property into compliance in order to do that. The City of Mounds View supports our existing businesses and wants them to remain in our community and prosper. Public Feedback Staff mailed notices regarding this planning case to all property owners within 350 feet of 2280 County Road I informing them of the proposed actions and the Planning Commission meeting date. Deadline for Action: This application was accepted on February 14, 2007 and in accordance with MN Statute 15.99, a decision shall be made within 60 days of application acceptance. The deadline for action for this request is April 15, 2007. The Station Staff Report April 4, 2007 Page 6 Recommendation Staff has drafted one resolution for both the Conditional Use Permit and Minor Subdivision requests. The Planning Commission may take one of the following actions: 1. Approve both planning actions as requested. Resolution 861-07 is attached for your consideration if you should choose this option. 2. Deny the requests. To consider this option, the Commission will need to direct staff to prepare a resolution with findings of fact to support the denial recommendation. 3. Table action on the request. This option would be appropriate if the Planning Commission should need additional information or more input before a decision can be made. The 60-day deadline is April 15, 2007 Respectfully Submitted By, ______________________ Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Zoning Map 3. Comprehensive Plan Land Use Map 4. Aerial Map 5. Photographic Documentation 6. Certificate of Survey 7. Existing & Proposed Conditions Site Plans 8. Resolution 861-07 ZONING MAP * Properties not indicated with a designation are zoned R-1, Single Family Residential * Properties not indicated with a designation are zoned R-1, Single Family Residential Silverview Plaza County Road I Comprehensive Plan Land Use Map Pinewood Elementary City Hall COUNTY ROAD H2 N Aerial View County Road I Fedor’s Multi-family housing Multi-family housing Cross of Glory Church Photo Documentation Owners plan to remove this portion of the building MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 861-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION AND A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 2280 COUNTY ROAD I, PLANNING CASE NOS. MI2007-001 AND CU2007-002 WHEREAS, Moundsview Fina, LTD., represented by Leon Theis and Thomas Manke, property owners of 2280 County Road I, have requested a Minor Subdivision and a Conditional Use Permit to allow a Motor Fuel Station; and, WHEREAS, the subject properties are legally described as follows: Lot 1, Block 4, Spring Lake Park Highlands, except the west 54 feet thereof, and also except the south 16 feet thereof, Ramsey County, Minnesota and, The West 54 feet of Lot 1, Block 4, Spring Lake Park Highlands, The South 16 feet of Lot 1, Block 4, Spring Lake Park Highlands, except the West 54 feet thereof, Lot 2, Block 4, Spring Lake Park Highlands, The East 30 feet of the North half of Lot 4, Block 4, Spring Lake Park Highlands, Ramsey County, Minnesota WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. Aerial Map 4. Comprehensive Plan Future Land Use Map 5. Photographic Documentation 6. Certificate of Survey 7. Existing & Proposed Conditions Site Plans WHEREAS, the Planning Commission held a public meeting regarding this request on Wednesday, March 7, 2007; and, WHEREAS, according to Section 1125 of the Mounds View Zoning Code, the Planning Commission is to consider the possible adverse effects of the proposed minor subdivision and conditional use permit, and shall make a finding of fact related to its review of the requests. Resolution 861-07 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings of fact regarding the minor subdivision and conditional use permit requests for as required by the Mounds View Zoning Code: 1. A Certificate of Survey and Title Commitment have been submitted to the City, to be reviewed by the City Attorney prior to approval of the subdivision by the City Council. 2. The proposed subdivision and lot combination will increase the property size of 2280 County Road I from 9,562 square feet and lot dimensions of 134’ x 71’, to 24,395 square feet with lot dimensions of approximately 134’ x 187’, which would then exceed the minimum square foot and lot dimension requirements for a gas station. 3. The requests for a subdivision and conditional use permit should not negatively impact or depreciate the adjacent properties due to the use of the property not changing. 4. The Property currently has 17 parking spaces shown on the proposed conditions site plan. The site plan should be updated to show a total of 18 parking spaces as required for The Station. 5. The applicant has demonstrated a need for the minor subdivision and conditional use permit, in order to bring the property into full compliance with the City Code. 6. There do not appear to be any adverse effects associated with the proposed minor subdivision and conditional use permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View Planning Commission recommends approval of the minor subdivision of 2280 County Road I, subject to the following conditions: 1. The applicant shall arrange to have the deeds prepared and recorded with Ramsey County within 60 days of City Council approval, or this approval shall be considered null and void. Extensions may be granted at the discretion of the City in the case of extraordinary unanticipated delays out of the applicant’s control. Proof of recordation shall be provided to the City of Mounds View within 10 days of recordation. 2. The applicant shall execute new drainage and utility easement documents over Parcels A and B. Resolution 861-07 Page 3 NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings of fact, the Mounds View Planning Commission recommends approval of the conditional use permit for the motor fuel station, subject to the following condition: 1. Successful recording of subdivision documents with Ramsey County. The conditional use permit shall be considered null and void if not acted on within one year. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4th day of April, 2007. ________________________________________ Gary Stevenson, Chairperson Attest: ________________________________________ James Ericson, Community Development Director (Seal) Item No: 5C Meeting Date: April 4, 2007 Type of Business: PC Action City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Consideration of an Interim Use Permit for a Billboard Located between SYSCO and Medtronic Introduction: Consistent with Ordinance 769, Clear Channel Outdoor has submitted a request for an Interim Use Permit (IUP) to site a billboard on Outlot A, Sysco Second Addition, located on the north side of Highway 10 between Medtronic and Sysco. Discussion: The City of Mounds View and Clear Channel entered into an agreement in 2005 in which Clear Channel agreed to relocate four of its billboards from the former golf course site on Highway 10 to make way for the Medtronic development. Clear Channel was provided two years in which to find suitable locations elsewhere in the City to site the billboards. The City’s role was to amend its codes and regulations to allow reasonable opportunity for the signs to be relocated elsewhere in the community. One such location is the City-owned piece of land identified as Outlot A. In addition to identifying general locations, Ordinance 769 also amended the spacing and height requirements for billboards. The relocated billboards and the two billboards remaining at the former golf course site were provided 30 year lease rights. The following table identifies the various code requirements pertaining to billboards and whether the requirements are satisfied with this request. Required Proposed Satisfied? Minimum Spacing 500 Feet 500+ Feet Yes Maximum Height 45 Feet 45 Feet Yes Setback from Residential 250 Feet 300+ Feet Yes Property Line Setback 15 Feet 15 Feet Yes Maximum Sign Area 700 Sq. Feet 672 Sq. Feet Yes Appropriate Location US 10, 35W, Old Hwy 8 or CR10 US 10 Yes Appropriate Zoning B2, B3, I1, PUD, CRP LI Yes All of the requirements for a billboard are satisfied at this location. Existing Billboards Presently there are four billboards sited at the former golf course property and two located on the Sysco property. These billboards were approved by the City in 2000. Refer to the graphic on the next page illustrating the locations of these six billboards. Clear Channel IUP Report April 4, 2007 Page 2 SYSCO OUTLOT A Proposed Billboard Location MEDTRONIC Originally, six billboards were approved at the former golf course. In conjunction with the construction of the Medtronic project, an agreement was reached with Clear Channel to remove two billboards by March 31, 2006 (which have been removed) and two more by March 31, 2007. On March 26, 2007, at the request of both Medtronic and Clear Channel, the City Council and EDA consented to an extension of the March 31 deadline to provide the two parties additional time to reach a “global settlement” relating to billboards and potential billboard buy-outs. Interim Use Permit Approval Process The City Code indicates that an IUP be processed in a fashion identical to that of a conditional use permit. Section 1125.01 articulates the process for approving a conditional use permit (CUP) which is initiated by the Planning Commission’s review of the possible and potential for adverse effects of the proposed interim use. After reviewing the possible adverse impacts of the interim use, the Planning Commission makes a recommendation to the City Council which holds a public hearing to consider the request. Clear Channel IUP Report April 4, 2007 Page 3 Adverse Effects Criteria: (1) Relationship to Municipal Comprehensive Plan. The Comprehensive Plan does not address or contemplate the issue of billboards. (2) The geographical area involved. Outlot A is the undeveloped industrially zoned parcel between Sysco and Medtronic. South of the site is the passive Ardan Park and the Laport Meadows wetland and open space. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. It is not believed that the placement and installation of the billboard on Outlot A property would have a negative or depreciatory effect upon the subject property or adjoining properties. (4) The character of the surrounding area. This area of Mounds View is dominated by office / warehouse and industrial uses. There are no adjacent residential properties and the closest residentially zoned lots are south of the site on the other side of US Hwy 10. (5) The demonstrated need for such use. Based on the requirement that Clear Channel has had to remove and relocate four billboards from the former golf course property, it can be stated that the proposed location is one of only a few locations designated at which Clear Channel is able to site a billboard. In addition to the adverse effects criteria, the City is to also consider the General Conditional Use Permit criteria found in Section 1125.01 Subd. 3 as part of the consideration: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities that serve or are proposed to serve the area. The Installation of a billboard will not create or cause a burden to public facilities. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. It does not appear as though the billboard will be visible from any residentially zoned property in the City and that the installation of the billboard would not have a detrimental effect on the development of any vacant land in the area. Clear Channel IUP Report April 4, 2007 Page 4 (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. There are no residential properties adjacent to the Outlot A property and as such, this requirement does not apply. (4) The use, in the opinion of the Planning Commission, is reasonably related to the overall needs of the City and to the existing land use. It is assumed that the need for the proposed billboards is reasonably related to the need to relocate four billboards from the former golf course property. The City has executed a lease agreement with Clear Channel for this site. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. With the adoption of Ordinance 769, the proposed billboard is consistent with the purposes of the City Code and the purposes of the zoning district in which they are to be located. (6) The use is not in conflict with the Comprehensive Plan of the City. The Comprehensive Plan does not contemplate or address the issue of billboards. (7) The use will not cause traffic hazards or congestion. The proposed billboard would not cause traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Access to the billboards will be gained via the Sysco property. Public Notice: A public hearing has been scheduled with the City Council on April 23, 2007. Staff will send notices to all property owners within 350 feet of Outlot A and publish a copy of the notice in the April 11, 2007 edition of the New Brighton / Mounds View Bulletin. Summary: The site is consistent with the provisions of Ordinance 769 specifically and the Sign Code in general. The City has executed a lease with Clear Channel for this site. The requested Interim Use Permit appears to satisfy all Code requirements and would not appear to cause any appreciable adverse impacts to the area in which the billboard would be located. Clear Channel IUP Report April 4, 2007 Page 5 Deadline for Action: This application was accepted on March 16, 2007, and in accordance with MN Statute 15.99, a decision must be made within 60 days of application acceptance. The deadline for action for this request is May15, 2007. Recommendation: Review the request for the Interim Use Permit. Based on staff’s review, a resolution recommending approval of the IUP has been prepared and is available for the Planning Commission’s action. If approved, the request would go before the City Council on April 23, 2007. If additional information is necessary before action can occur, a tabling motion would be in order. _____________________________________ James Ericson Community Development Director Attachments: 1. Planning Application 2. Zoning Map 3. Billboard Graphic 4. Resolution 864-07 Zoning Map SYSCO OUTLOT A Billboard Graphic MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 864-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT FOR A BILLBOARD ON OUTLOT A, SYSCO SECOND ADDITION; PLANNING CASE IU2007-001 WHEREAS, Clear Channel Outdoor has requested approval of an Interim Use Permit (IUP) to erect a billboard abutting US Highway 10 on Outlot A, Sysco Second Addition, between Sysco and Medtronic; and, WHEREAS, the Outlot A site is zoned Light Industrial (LI) and is legally described as follows: OUTLOT A, SYSCO SECOND ADDITION RAMSEY COUNTY, MINNESOTA WHEREAS, The City of Mounds View has adopted Ordinance 769 which amended the City Code to permit billboards as an interim use on properties adjacent to and visible from US Highway 10; and, WHEREAS, Clear Channel Outdoor has executed a lease agreement with the City of Mounds View to erect and maintain a billboard on the above-described property; and, WHEREAS, the Mounds View City Code requires that requires that any billboard Interim Use Permit (IUP) application be reviewed and considered in accordance with Section 1125.01, Subdivision 3. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact relating to the Clear Channel Outdoor application for an Interim Use Permit (IUP) for a billboard on Outlot A, Sysco Second Addition: 1. The Installation of a billboard on Outlot A would not create an excessive burden on existing parks, schools, streets and other public facilities and utilities that serve or are proposed to serve the area. 2. The billboard at the proposed location would not be readily visible from nearby residentially zoned properties and would not have a detrimental effect on the development of vacant land in the area. 3. The structure and site will not have an appearance that would adversely effect adjacent residential properties in that there are no residential properties adjacent to Outlot A. 4. The requested IUP is reasonably related to the requirement placed upon the Applicant to relocate four of six billboards from the former golf course property. Resolution 864-07 Page 2 5. The use is consistent with the recently adopted amendments to the Sign Code Chapter 1008 as effectuated by Ordinance 769. 6. The proposed billboard would not be in conflict with the Comprehensive Plan of the City in that the Comprehensive Plan does not address billboards. 7. The proposed billboard would not cause traffic hazards or congestion. 8. Adequate utilities, access, drainage and other necessary facilities are available to the proposed billboard from the Sysco development. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon its review of the Comprehensive Plan, the geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use, has determined that the potential adverse effects of the proposed billboard would be negligible. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings of fact, the Mounds View Planning Commission does hereby recommend approval of the requested Interim Use Permit for a billboard to be erected on Outlot A consistent with the Zoning Code and Ordinance 769, in accordance with the executed lease agreement, and subject to the following conditions: 1. The Applicant shall submit a grading plan and a survey illustrating the location of the sign, the location of the access trail, utilities and limits of tree removal. 2. The Applicant shall apply for a wetland alteration permit and RCWD Permit, if necessary. 3. The Applicant shall have completed the construction of the billboard by April 1, 2008 or the Interim Use Permit shall be considered null and void, unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. Such extension shall be requested in writing and filed with the City Clerk-Administrator at least thirty (30) days before the expiration of the original variance or appeal. NOW THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to the approval of the minutes. Adopted this 4th day of April, 2006. __________________________ Gary Stevenson, Chairperson ATTEST __________________________ James Ericson Community Development Director (SEAL)