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HomeMy WebLinkAbout01-21-2004 MOUNDS VIEW PLANNING COMMISSION January 21, 2004 -- 7:00 P.M. REGULAR MEETING AGENDA 1. Call to Order 2. Roll Call 3. Approve Minutes: December 17, 2003 4. Citizens Requests and Comments on Items Not on the Agenda CITIZENS: BEFORE SPEAKING, PLEASE COME TO THE PODIUM, AND GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 5. Special Planning Case SP-121-03 Consideration of Possible Revisions to the Zoning Code Pertaining to Temporary Outdoor Structures in Commercial Districts 6. Special Planning Case SP-113-02 Consideration of Possible Revisions to the Zoning Code Pertaining to Temporary Outdoor Sales APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY THE COMMUNITY DEVELOPMENT DEPARTMENT AT 763-717-4020 IF YOU ARE UNABLE TO ATTEND. 7. Next Planning Commission Meeting: February 4, 2004 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: January 7, 2004 2. Staff Reports 3. Chairperson and Planning Commissioners’ Reports \\Trout\CommDev\Planning Commission\PC Agendas\2003\1-21-04 PC Agenda.doc Item No: 5 Meeting Date: January 21, 2004 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Review and Discuss Issues Associated with Commercial Tents and Membrane Structures Introduction: In response to the discussion and recommendations of the Planning Commission from the meeting on January 7, 2004, staff is bringing this issue back for additional consideration regarding proposed conditions associated with temporary structures in commercial districts. Discussion: At the meeting on January 7, 2004, the Planning Commission reviewed the City Code, Fire code and Building Code; it reviewed Mounds View’s parking requirements as well as requirements from other communities and considered design and location issues. The Commission was presented with a number of options, which included the following: 1. Should temporary tents and membrane structures be allowed in commercial use districts? 2. If so, should they be allowed by right? Should they require a permit? 3. Should such a structure be allowed only with an Interim Use Permit (IUP) or a Conditional Use Permit (CUP)? The Planning Commission felt that such structures could be allowed under certain circumstances such as with an IUP or CUP. In this case, an IUP would seem more appropriate since, as the title implies, the approval would be for a specific period of time; as opposed to a CUP which would run with the land forever until formally revoked or terminated. An Interim Use Permit, like a CUP, may have conditions attached to it. The Planning Commission agreed that the following conditions would be suitable: a. The tent or membrane structure would need to comply with all provisions of the Fire Code and receive an annual permit issued by the Fire Marshal. b. Adequate parking to accommodate the occupancy would need to be provided at a ratio of one parking space per 40 feet of tent area. (The City Council may waive the parking requirement if it is shown the site has sufficient existing parking capacity.) c. The structure may not be located in or on a parking lot displacing parking stalls unless it is shown an adequate amount of parking remained. d. A Zoning Permit would be required annually. Commercial Tent Report January 21, 2004 Page 2 e. The membrane or cover shall be constructed of a durable reinforced material to withstand wind and snowloads. f. The structure shall be anchored to the ground. g. The tent or membrane structure shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. h. The IUP can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the IUP. i. The IUP would become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period. The only issue remaining then, if allowed as an interim use, would be the duration. Some members of the Commission felt the IUP should be requested annually while others felt a five year period or open-ended permit would be acceptable given the condition that the permit can be reviewed if problems arise. Recommendation: Review and consider the above conditions associated with temporary structures in commercial districts. Determine for what period of time an IUP should be valid and if the IUP would be allowed in all commercial districts or limited to certain districts. Last, the Commission should determine if the IUP would be permitted for all commercial uses within the specified districts or only those uses holding valid restaurant and/or liquor licenses. Upon the Commission’s direction, staff will draft a resolution recommending to the City Council adoption of the proposed amendments. _____________________________________ James Ericson Community Development Director City of Mounds View \\Trout\CommDev\Planning Commission\PC Packets\2004\01-21-04\Item 5 - Commercial Temporary Structures.doc Item No: 6 Meeting Date: January 21, 2004 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: Kristin Prososki, Planning Associate Item Title/Subject: Consideration of Possible Revisions to the Zoning Code Pertaining to Temporary Outdoor Sales; Special Planning Case SP-113-02 Introduction: Chapter 504 of the Municipal Code requires that peddlers, solicitors and transient merchants obtain a permit before conducting sales. The Zoning Code (Chapter 1100), however, requires a conditional use permit for outdoor sales in a B-3, Highway Business District, and B-4, Regional Business District. Past practice has been to issue permits for temporary sales, which is in violation of the Zoning Code. According to Code, a conditional use permit should be obtained for any type of outdoor sales. This topic has been brought before the Planning Commission in the past, but due to changes in Staff, a conclusion was not reached. Discussion: Through a conditional use permit, the Zoning Code allows “open or outdoor service, sales and rental” as a principal or accessory use in a B-3, Highway Business District and as an accessory use in a B-4, Regional Business District. The Code is silent regarding outdoor sales in other zoning districts, which means that it is prohibited. Based on previous discussion on the topic, Staff recommends that temporary outdoor sales be allowed as a permitted accessory use in a B-1, Neighborhood Business District. Due to the way that accessory uses are structured in the code, this would allow temporary outdoor sales as a permitted accessory use in all commercial zoning districts. Staff recommends that temporary outdoors sales as an accessory use be limited to ten (10) days or less, and that any type of sales that will exceed ten (10) days be required to obtain a conditional use permit. This would provide consistency throughout the code and would allow short- term sales to be conducted without the conditional use process. Temporary sales of ten (10) days or less would still require a permit. Recommendation: Staff is seeking input from the Planning Commission regarding possible amendments to the Code. Based on discussion, Staff will draft an ordinance to correct the inconsistency and create a reasonable system for temporary outdoor sales. Respectfully submitted, Kristin Prososki Planning Associate PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 7, 2004 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., January 7, 2004. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Johnson, Hegland, Zwirn, Miller, Stevenson, Scotch, and Song Members Absent: None. Also Present: Community Development Director Ericson and Planner Prososki ________________________________________________________________________ Index to Minutes Page Planning Case MI03-005 2 Location: 2935 County Highway 10 Applicant: Duane Waldoch Review and Discuss Issues Associated with Commercial Tents 3 And Membrane Structures Update on Woods of Mounds View 5 Special Planning Case SP-120-03 6 Amending the Zoning Code by Establishing an Administrative Variance Process Special Planning Case SP-121-03 7 Recommending Adoption of Ordinance Amending Municipal Code Relating to Temporary Structures Election of Officers 8 _____________________________________________________________________________ Mounds View Planning Commission January 7, 2004 Regular Meeting Page 2 ________________________________________________________________________ 3. Approve Minutes a. December 3, 2003 MOTION/SECOND: Zwirn/Johnson. To Approve the Planning Commission Minutes for December 3, 2003 as Presented. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Case MI03-005 Community Development Director Ericson explained that the applicant has requested a minor subdivision at 2935 County Highway 10 and would like to join two pieces of property and then subdivide it. He then reviewed the requirements of the Code and indicated that all requirements would be met. Director Ericson indicated that the park dedication fee to be paid as a condition of approval is $768.00. Director Ericson told the Commission that the proposed lot line is not consistent with the adjacent lots and Staff would like to see if it is possible to move the lot line to make it consistent to accommodate utilities. Director Ericson reviewed the conditions of approval. Commissioner Johnson asked whether the proposed new home would be out in front of the other houses. Director Ericson indicated that a draft survey of the proposed lot was submitted and the house is setback at 36 feet from the street and that would be consistent with the other homes. Commissioner Miller asked when they would discuss the possibility of making the lot deeper. Skip Stewart, prospective owner of the new lot, indicated they would be building the home and would like to put it farther back but the lot surveyor said it could not be moved farther back due to the garage. Commissioner Miller asked when the property would be rezoned. Mounds View Planning Commission January 7, 2004 Regular Meeting Page 3 ________________________________________________________________________ Director Ericson indicated the timing for the rezoning could be determined by Council and the approval could require a certain time frame. Commissioner Zwirn asked whether there were any sewage or drainage issues that would prohibit the placement of the driveway or anything. Director Ericson indicated the necessary stubs are in place as it was anticipated that the property would develop. He then said he is not aware of any manholes or culverts that would impede the location of the driveway. MOTION/SECOND: Johnson/Zwirn. To Approve Resolution 747-04, a Resolution Recommending Approval of a Minor Subdivision at 2935 County Highway 10. Ayes – 7 Nays – 0 Motion carried. Director Ericson indicated that this item would be on Council’s agenda on January 26, 2004. ______________________________________________________________________________ 6. Review and Discuss Issues Associated with Commercial Tents and Membrane Structures Community Development Director Ericson explained that the tent has been at the Mermaid since 2002 and there was some miscommunication between Staff and Mr. Hall concerning the requirements for the tent. He then said that the City’s Code does not address tents in a commercial district. Director Ericson indicated there were concerns with regard to the building code and fire code with Mr. Hall’s tent but those have been resolved. Director Ericson discussed with the Commission the issues relating to the fire code and parking for the Mermaid site. He then said that the Mermaid site has shared parking due to multiple uses. Director Ericson indicated that the Mermaid probably does not need the additional 95 spaces that would be required for the square footage of the tent because of the shared parking that is available. Director Ericson suggested regulating the use of tents with a conditional use permit that is reviewed once and is administratively renewed yearly provided all requirements are maintained. Commissioner Hegland asked for the life span of the structure. Mr. Hall indicated that the membrane skin can be taken off and put back on and should last 10 to 15 years. Mounds View Planning Commission January 7, 2004 Regular Meeting Page 4 ________________________________________________________________________ Chair Stevenson indicated he would like to see it as a conditional use that can be administratively renewed and allow Staff the opportunity to check the membrane. He then asked the dates that the tent would be up. Mr. Hall indicated the tent would be up for 180 days with two weeks before and after for set up and tear down. Chair Stevenson asked if the frame would be removed. Mr. Hall indicated that the frame could be removed but he would prefer not to and he has not done so. He then indicated that the tent is very nice with the improvements he has made with the tulling, lights and pillars. He also indicated that the tent has air conditioning and heat. Commissioner Miller expressed surprise that the tent was not recognized as part of the original plan. Mr. Hall indicated that no one was trying to mislead anyone and that it was an oversight not to explain to Staff that the courtyard would need a tent to accommodate outdoor receptions due to the unpredictability of the weather. Commissioner Scotch indicated that her main concern is fire safety. Mr. Hall indicated that the tent is UL approved and would not burn but could melt. He then said that the fire chief and building inspector have approved it 100%. Commissioner Zwirn asked whether any open flames are allowed either with candles or for heating food. Mr. Hall indicated he had candles in the past but learned that is not allowed. There will be no candles and no open flames for heating food. Commissioner Hegland indicated his main concern is that the City have the opportunity for review. Mr. Hall indicated that he would need a permit from the City each year to put the tent up and the fire marshal would have to come out for an inspection. He also said he would have no issue with having the City inspector inspect it every year. Commissioner Zwirn commented that Mr. Hall has maintained in the past that the structure is not a tent, so he is concerned that “tent structure” in the language may not cover this structure. Mr. Hall indicated that his structure is a membrane structure. He then said that a designation of tent or membrane structure should cover it. Mounds View Planning Commission January 7, 2004 Regular Meeting Page 5 ________________________________________________________________________ Commissioner Scotch suggested Mr. Hall build a permanent structure and take out the membrane structure. Commissioner Zwirn expressed concern that other businesses could utilize a similar structure and profit from little governing and zoning of these types of structures. Mr. Hall indicated that everyone else would have to set up a structure in their parking areas and his is in an area that does not take up existing parking. He also pointed out that his structure is between three buildings and only viewed from one side. Commissioner Johnson indicated that no other business in town has enough room to erect a tent and he does not know of many other businesses that could afford to go through the expense of meeting the fire codes for such a structure. Mr. Hall indicated there is a short window of time for weddings and a lot of brides and mothers of brides like the tent as it is a different atmosphere and very festive when the weather is nice. Director Ericson asked for conditions that would be attached to approval and suggested that one condition be that the structure not sit on parking spaces and the second would be that the parking be reviewed to ensure that it is adequate. Commissioner Johnson said he does not think there would ever be an issue of parking at the Mermaid but if there were, the City would know about it and that could be addressed at the time of annual renewal. Chair Stevenson suggested that the Commission review an annual fire report before giving the annual permit. Jerry Blanski of 2933 Woodale Drive said he thinks that the membrane structure is very unique for the area and it draws a special interest for weddings that a ballroom does not. He thanked the Commission for working with Mr. Hall to regulate the structure rather than saying the City does not want it. He then asked whether smoking was allowed within the tent because that would be a major fire concern. Mr. Hall indicated it was not. Mr. Blanski asked whether there were sprinklers or fire extinguishers or a way to assist with fire control should one break out. Mr. Hall indicated there are fire extinguishers as required by Code. ______________________________________________________________________________ 7. Update on Woods of Mounds View Mounds View Planning Commission January 7, 2004 Regular Meeting Page 6 ________________________________________________________________________ Economic Development Coordinator Backman provided the Commission with an update on the Woods of Mounds View project. He then indicated that the developers have come to the Commission to discuss a Plan C that only includes the property owned by the City because they have been unable to come to terms with the other property owners. Economic Development Coordinator Backman explained Plan C to the Commission and indicated the lots would still be larger lots and the homes higher end homes. Economic Development Coordinator Backman outlined the benefits of the smaller project including that a pond would not need to be moved. Gary Nordness updated the Commission on the plan for the development and explained that the costs have increased to a raw cost of $119,000 per lot and that means the average lot price in the development will need to be $130,000. Jim Melcher of Procraft Homes told the Commission that they attempted to buy Mr. Vik’s property but he has decided he likes where he is and is not interested in selling. Commissioner Zwirn asked for clarification on the figures provided because it would seem that the costs would be lower if the development were smaller. Mr. Nordness explained that he was referring to the balancing of the soils and excavation that would need to be done. Economic Development Coordinator Backman indicated that he receives calls weekly from people interested in one of the lots and he feels the lots will sell very quickly. Chair Stevenson asked if there would be one builder for all of the homes. Jim Melcher indicated there would be one builder to maintain continuity of design. ______________________________________________________________________________ 8. Special Planning Case SP-120-03 Planner Prososki reviewed the administrative variance amendment to the code and outlined the conditions. Commissioner Miller suggested altering the wording to say “less than five feet” rather than five feet or less. MOTION/SECOND: Scotch /Miller. To Approve Resolution 748-04, a Resolution Recommending Adoption of an Ordinance to Amend the Zoning Code by Establishing an Administrative Variance Approval Process. Ayes – 7 Nays – 0 Motion carried. Mounds View Planning Commission January 7, 2004 Regular Meeting Page 7 ________________________________________________________________________ ______________________________________________________________________________ 9. Special Planning Case SP-121-03 Community Development Director Ericson indicated that Staff feels there is reason to create a provision to allow temporary structures and this resolution would recommend an amendment to the code to allow them and provide regulations for them. Chair Stevenson indicated he is concerned about allowing temporary structures made out of thin plastic sheeting. Commissioner Hegland said he felt it would be difficult to get into regulating the different types of materials. He then said that that type of material would not be strong enough to hold up to the elements any way. Commissioner Johnson said he thinks that the temporary structures are an eyesore and does not think they should be allowed. He then said that he feels the City has allowed larger garages and he does not think it is necessary. He further commented that he could see a provision to allow for them during construction. Commissioner Miller asked who keeps track of the 6 months. Director Ericson indicated that a permit would be required and the computer system would track the expiration of the permit and Staff would have to follow up to make sure it is down. Commissioner Scotch suggested making sure that residents are aware of the requirements. Director Ericson indicated that if this were to go forward information would be put in the Mounds View Matters to alert residents to the change. Commissioner Hegland asked if there is a period of time between issuance. Director Ericson suggested one permit per calendar year or a period not to exceed 180 days per year. He then said that he would look into whether a fire permit is required for them but he does not think so. Commissioner Johnson said he is against this and then commented that this would increase Staff time spent on enforcement issues with this more than it is now. Commissioner Zwirn indicated that a permit fee is collected and that it is collected to offset Staff costs. Commissioner Zwirn suggested using reinforced vinyl rather than plastic. Mounds View Planning Commission January 7, 2004 Regular Meeting Page 8 ________________________________________________________________________ Director Ericson suggested using language to ensure that reinforced material is used such as requiring a minimum thickness. MOTION/SECOND: Hegland/Zwirn. To Approve Resolution 749-04, a Resolution Recommending Adoption of an Ordinance to Amend the Municipal Code Relating to Temporary Outdoor Structures in Residential Districts. Ayes – 6 Nays – 1(Johnson) Motion carried. ______________________________________________________________________________ 10. Election of Officers MOTION/SECOND: Miller/Johnson. To Approve Resolution 750-04, a Resolution Establishing the Meeting Dates of the Planning Commission for 2004. Ayes – 7 Nays – 0 Motion carried. The Commission nominated Mr. Stevenson as the Chair for 2004. All were in favor. The Commission nominated Ms. Miller as Vice Chair for 2004. All were in favor. Director Ericson indicated that the City Council would approve the election of the Chair and Vice Chair as well as finalize the appointments of those Commissioners seeking a new term. ______________________________________________________________________________ 11. Next Planning Commission Meeting: January 21, 2004 ______________________________________________________________________________ 12. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:46 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.