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HomeMy WebLinkAbout02-04-2004 MOUNDS VIEW PLANNING COMMISSION February 4, 2004 -- 7:00 P.M. REGULAR MEETING AGENDA 1. Call to Order 2. Roll Call 3. Approve Minutes: January 7, 2004 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 7. Review of the Planning and Zoning Commission Bylaws APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY THE COMMUNITY DEVELOPMENT DEPARTMENT AT 763-717-4020 IF YOU ARE UNABLE TO ATTEND. 8. Next Planning Commission Meeting: February 18, 2004 9. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: January 21, 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: The Planning Commission has review the issues associated with commercial tents at meetings on January 7th and January 21st. A consensus was reached among the Commissioners that would require an Interim Use Permit be approved for tents and membrane structures. The one aspect that generated the most discussion concerned the frequency of review and reapplication. Discussion: The Planning Commission felt that such structures could be allowed under certain circumstances such as with an IUP. The Planning Commission agreed that the following conditions would be appropriate: 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. 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. Comemrcial Tents February 4, 2004 Page 2 As to the issue of duration, the Planning Commission discussed a number of options, such as annual planning commission review, review every two years, or a five-year period with administrative review annually. Staff is recommending that instead of deciding the appropriate duration for all conceivable future applications, the duration should be determined on a case-by-case basis at the time of application. The reasoning for this is that while the Planning Commission may feel comfortable with a five year permit duration for the Mermaid tent, you may not feel a five year permit would be appropriate for a different property or applicant. Recommendation: Review and consider the attached resolution recommending amendments to the City Code relating to tents and membrane structures in commercial and industrial zoning districts. _____________________________________ James Ericson Community Development Director City of Mounds View MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 752-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CODE AMENDMENT TO THE ZONING CODE REGARDING TEMPORARY STRUCTURES IN COMMERCIAL/INDUSTRIAL ZONING DISTRICTS WHEREAS, it has come to the attention of City Staff, the Planning Commission and City Council of a deficiency in the Zoning Code in that there is no language pertaining to temporary tents and membrane structures in commercial and industrial zoning districts; and, WHEREAS, when there is no language in the zoning code relating to a certain type of land use, that specific use is deemed to be prohibited; and, WHEREAS, the Planning Commission feels a code amendment should be adopted to allow by Interim Use Permit tents or membrane structures in commercial or industrial zoning districts as long as under certain conditions can be satisfied; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this action: a. Photographic documentation b. Building and Fire Codes c. Staff Reports d. Comparables from other cities e. Proposed amendment language NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to the Mounds View Zoning Code substantially similar to the following language to allow tents and membrane structures by Interim Use Permit with the following conditions: 1. 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. 2. 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.) 3. 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. 4. A Zoning Permit would be required annually. 5. The membrane or cover shall be constructed of a durable reinforced material to withstand wind and snowloads. 6. The structure shall be anchored to the ground. 7. The tent or membrane structure shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable. 8. The IUP can be reviewed at any time by the City if problems arise which would necessitate revision or termination of the IUP. 9. 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, or if the property undergoes a change of ownership. NOW THEREFORE, 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 February, 2004. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson Community Development Director (SEAL) Item No: 6 Meeting Date: February 4, 2004 Type of Business: Commission Business 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: As discussed at the previous Planning Commission meeting, there is a conflict regarding temporary outdoor sales in the Municipal Code. 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. Discussion: Based on discussion from the last meeting, Staff has drafted an ordinance to correct the inconsistency in the Code. (See attachment.) The draft ordinance would allow temporary outdoor sales to occur for up to ten (10) days in any commercial district. The temporary sale could occur up to three (3) times per year and each permit period must be separated by a minimum of thirty (30) days. Applicants would be required to obtain a permit from the City and meet the following conditions: the sales area must be grassed or surfaced to control dust, the sale cannot take up parking space and lighting must be hooded and directed away from the public right of way and neighboring residences. The draft ordinance would also allow temporary outdoor sales for more than ten (10) days as a conditional use in B-3, Highway Business and B-4, Regional Business Districts. There are existing criteria for the conditional use permit. Recommendation: Review the draft ordinance and if it is found to be satisfactory, adopt Resolution 751-04, a resolution recommending adoption of the ordinance. Respectfully submitted, Kristin Prososki Planning Associate ORDINANCE NO. ___ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 1112.03, SECTION 1114.04, SUBD. 5 AND SECTION 1115.04, SUBD. 2 OF THE MOUNDS VIEW CITY CODE PERTAINING TO OUTDOOR SALES. THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1112.03 of the Mounds View Zoning Code is hereby amended by inserting the following underlined text, to read as follows: 1112.03: ACCESSORY USES: The following are permitted accessory uses in a B-1 District: Subd. 5. Open or outdoor services, sales and rental as an accessory use and including sales in or from motorized vehicles, trailers or wagons, subject to the following: a. The activity shall not continue for a period greater than 10 consecutive days or for more than three (3) ten (10) day periods per year. Permit periods must be separated by a minimum of thirty (30) days. b. A Temporary Outdoor Sales Permit consistent with the provisions of Chapter 504 shall be obtained prior to commencing the activity. c. The sales area shall be grassed or surfaced to control dust. d. Adequate parking to accommodate the activity must be provided. e. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with sections 1103.08 and 1103.09 of this Title. SECTION 2: Section 1114.04 of the Mounds View Zoning Code is hereby amended by inserting the following underlined text, to read as follows: 1114.04 CONDITIONAL USES: The following are conditional uses in a B-3 District: Subd. 5. Open or outdoor services, sales and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers or wagons for a period greater than 10 days; SECTION 3: Section 1115.04 of the Mounds View Zoning Code is hereby amended by inserting the following underlined text, to read as follows: 1115.04 CONDITIONAL USES: The following are conditional uses in a B-4 District: Subd. 5. Open or outdoor service, sale and rental as an accessory use and including sales in or from motorized vehicles, trailers or wagons for a period greater than 10 days; SECTION 4: This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on this ___day of ___, 2004. Read and passed by the City Council of the City of Mounds View this ___ day of ____, 2004. Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, Clerk / Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 751-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CITY CODE AMENDMENT TO SECTION 1112.03, SECTION 1114.04, SUBD. 5 AND SECTION 1115.04, SUBD. 2 REGARDING TEMPORARY OUTDOOR SALES. WHEREAS, a conflict exists in the Zoning Code regarding requirements for temporary outdoor sales whereby Section 504 of the Mounds View Municipal Code requires only an administrative permit for temporary sales, but Sections 1114 and 1115 require a conditional use permit; and, WHEREAS, consistency in the Code is crucial to proper code enforcement; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Section 1112.03, 1114.04 and 1115.04 of the City Code b. Proposed Ordinance c. Staff Report WHEREAS, the Mounds View Planning Commission finds that the proposed amendment satisfies the spirit and intent of Chapters 1100 of the Zoning Code; and, WHEREAS, the Mounds View Planning Commission finds that the proposed amendment is not in conflict with the Mounds View Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Sections 1112.03, 1114.04 and 1115.04 of the City Code as depicted in the attached proposed Ordinance. 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 February, 2004. __________________________________________ Gary Stevenson, Chairperson ATTEST: __________________________________________ James Ericson, Community Development Director (SEAL) Item No: 7 Meeting Date: February 4, 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 Planning and Zoning Commission Bylaws Introduction: The Planning Commission’s Bylaws state that they [the Bylaws] shall be reviewed on an annual basis, at the first regular meeting in February. Discussion: The Bylaws were reviewed in 2003 with no changes made to them. The Bylaws were last changed in February of 2001 to make the bylaws consistent with the City Code requirements. Recommendation: Review the attached Bylaws. If the Bylaws do not require any amendments or modifications, simply readopt by motion the existing Bylaws. _____________________________________ James Ericson Community Development Director Attachments: 1. Planning and Zoning Commission Bylaws CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised February 21, 2001) I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7 “The Commission shall adopt bylaws for its governance and for the transaction of its business.” Where there is a conflict between the provisions of the Bylaws and the provisions of the City Charter and the Municipal Code, the provisions of the City Charter and the Municipal Code shall govern. (For purposes of simplicity, the Planning and Zoning Commission may hereinafter be referred to as the Planning Commission or the Commission.) II. ADOPTION OF BYLAWS; REVIEW AND AMENDMENT: A. ADOPTION AND AMENDMENT: The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of members of the Planning and Zoning Commission appointed as voting members, and shall be placed on file with the City Clerk- Administrator and the Community Development Department. A copy of the bylaws shall be forwarded to the City Council for its information. Any amendments to the Bylaws shall be adopted by Resolution in the same manner as the original Bylaws. B. ANNUAL REVIEW: The Bylaws shall be reviewed on an annual basis at the first regular meeting of the Commission in February. III. MEMBERSHIP AND VACANCIES Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code, Sections 401.02 and 401.03. IV. OFFICERS A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a chairperson and vice-chairperson. The Commission may create and fill such other offices from its members, as it may determine, to transact Commission business. In addition, the Director of Community Development, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes. B. ELECTIONS; TERMS 1. Chairperson: At the first meeting in January, the Commission shall conduct an election in order to make its recommendation for the chairperson, following the procedure in Section IV.B.3. The name of the person recommended for chairperson shall be forwarded to the City Council for action at its next meeting in January. Based upon the recommendation of the Planning Commission, the Mayor, with the approval of the City Council, shall appoint the chairperson of the Commission each year. 2. Vice-Chairperson: The Planning Commission shall elect a vice-chairperson each year at its first meeting in January, following the procedure in Section IV.B.3. 3. Election Procedure: For each office, the chairperson shall invite nominations from Planning Commission members. After nominations have been received, the chairperson shall entertain a motion to close nominations. If such motion is made and passed, and more than one nomination has been made, the chairperson shall distribute ballots to the Commission members and each member shall write his or her selection on the ballot. The recording secretary shall tally the ballots and announce the nominee receiving the most votes. In the event of a tie, the recording secretary shall announce the nominees tied in the voting and balloting shall be repeated until an election occurs. If only one nomination has been received, the chairperson may conduct the voting by voice vote. If a majority of the members present vote in the affirmative for the nominee, the nominee shall be elected. 4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at the first meeting in February of each year. 5. Term of Office: The chairperson and vice chairperson shall serve one year terms, and may be re-elected to additional terms in accordance with this Section IV.B. C. DUTIES OF OFFICERS: The chairperson shall preside over the meetings of the Planning Commission, and shall have the authority to add or cancel regular meetings and to call special meetings as provided in Section VI. The vice chairperson shall assume the duties of the chairperson, in the absence of the chairperson. In the event of the absence of both the chairperson and vice-chairperson, those members present shall elect a temporary chairperson to preside over the meeting. V. COUNCIL LIAISON: The City Council may appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. VI. MEETINGS A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the Commission shall be adopted by Resolution at the first regular meeting in December for the following year. 1. Regular Meetings: Subject to the adopted meeting schedule, the Commission’s regular meetings will occur on the first and third Wednesdays of each month for the purpose of convening public hearings, making recommendations to the City Council, conducting business which requires a vote of the Commission, convening as the Board of Adjustment and Appeals, conducting long-range planning functions and other official business. 2. Agenda Sessions: An Agenda Session is an informal session of the Planning Commission, typically held immediately following adjournment of a Regular or Special meeting, at which time the Planning Commission may review minutes, informally review proposed or pending planning cases or ordinance amendments, discuss previous actions of the City Council or other Commissions, and to perform other matters not requiring a vote of the Commission. 3. Special Meetings: From time to time, special meetings may be called in order to process significant caseloads, to review works in progress such as comprehensive plan updates or municipal code revisions, or to undertake a retreat or strategic planning session, either amongst itself or in the company of the City Council or other commissions. Special meetings can be proposed by any Commission member or at the request of the Director of Community Development, yet must be approved by a majority vote of the Commission. 4. Emergency Special Meetings. Emergency special meetings can be called via written notice to the Director of Community Development by the Chairperson or two Commission members, or by the Director of Community Development. (Emergency special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The Director of Community Development shall post and mail a notice of any special meeting in accordance with State Statutes. Planning Commission members shall be notified by telephone and in writing, if possible, at least seven days prior to a special meeting. 5. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or Community Development Director in the event that there are no items of business requiring the attention of the Commission, or for lack of a quorum, or in response to inclement weather or for any other good and sufficient reason. Members of the Commission shall be notified by telephone of any meeting cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS; ADJOURNMENT 1. Meeting Chairperson: If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission, the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director, or his or her designee, shall conduct the election. 2. Open Meeting Law: Meetings shall be conducted in accordance with the State of Minnesota Open Meeting Law (Minn. Statutes 471.705). 3. Adjournment: Meetings shall adjourn at or before 11:00 p.m. unless a two-thirds majority of the members present agree to extend the time of adjournment. If there is no objection, the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. D. MINUTES: Minutes shall be recorded for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken by the Planning Commission. Commission members may request copies of approved minutes after they have been corrected, if necessary, and signed as approved. Copies of the approved minutes shall be filed with the Community Development Department. Unapproved minutes shall be clearly marked “DRAFT”; approved minutes shall be marked “APPROVED”. A policy statement regarding the content and format of the minutes shall be on file with the Director of Community Development which may be reviewed from time to time as needed. VI. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans and additional information, as appropriate, for each item placed on the agenda for any regular or special meeting. The Commission packet should be delivered at least four days prior to the meeting. Each Commissioner is responsible for reviewing the material within the packet prior to the meeting. VII. PROFESSIONAL CONSULTANTS: Advice from, consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code, Section 401.07. VIII. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the Community Development Director upon the member’s resignation or termination of appointment. IX. CONDUCT OF MEMBERS A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member attending less than 20 meetings per year without the consent of the Commission shall be deemed to have vacated the office, and such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A leave of absence may be granted by the consent of the Commission. B. CONFLICT OF INTEREST: 1. General Standard: No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed to the Commission shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in any discussion or action on the matter; alternatively, they may be disqualified by a two -thirds (2/3) majority vote of the Commissioners in attendance. 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties, would be required to take an action or make a decision that would substantially affect the Commissioner’s financial interests or those of an associated business, unless the effect on the Commissioner is no greater than on other members of the Commissioner’s business classification, profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission, the Commissioner shall disqualify himself or herself from taking part in any discussion or action on the matter. C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts include meetings with project proponents, residents, property owners, and citizens separate from Commission meetings, communication between Commission members outside the meeting forum, telephone calls or letters which attempt to influence a Commissioner’s opinion on a matter which will be subject to the Commissioner’s vote. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission (e.g. variances), Planning Commissioners shall indicate to the person contacting them that such contact is inappropriate and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. In all other cases, Planning Commissioners should discourage such contacts and should avoid expressing any opinion as to the merits of the case. When ex parte contacts occur, the Planning Commissioner is responsible for notifying the Community Development Director, and for conveying the substance of the communication at the next commission meeting at which the matter discussed is under consideration. ____________________________________________ Gary Stevenson, Chairperson ATTEST: ____________________________________________ James Ericson, Community Development Director N:\DATA\GROUPS\COMDEV\PLANCOMM\BYLAWS\BYLAWS 2001 -- WITH CHANGES.DOC Revision History: February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 21, 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 21, 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 Special Planning Case SP-121-03 2 Consideration of Possible Revisions to the Zoning Code Pertaining to Temporary Outdoor Structures in Commercial Districts Special Planning Case SP-113-02 5 Consideration of Possible Revisions to the Zoning Code Pertaining to Temporary Outdoor Sales _____________________________________________________________________________ 3. Approve Minutes a. December 17, 2003 MOTION/SECOND: Miller/Zwirn. To Approve the Planning Commission Minutes for December 17, 2003 as Presented. Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ Mounds View Planning Commission January 21, 2004 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda Herb Zwirn announced that he would like to take the opportunity to comment on the recent Council action regarding the Longview Estates project submitted by Harstad. He said by approving the project the Council demonstrated and made clear that they have a lack of understanding of the negative impact the development would have on the land and surrounding neighborhood. He further commented that he feels Council failed to listen and failed to take the steps necessary to protect the wetland and the taxpaying residents that voiced opposition to the project. Mr. Zwirn indicated that the Council and its leadership failed to use common sense and hid behind regulations and political cliché that says they know better than you what is best for you. He further commented that the taxpayers were not listened to nor were those who characterized Mr. Harstad as being less than professional and less than responsible with his previous developments. Mr. Zwirn expressed that he is tired of and annoyed by this type of decision-making. He pointed out that he did not vote for this type of leadership, and his tax dollars should afford him a more responsible government. He urges the Council to rethink the decision and urges the residents of Mounds View, as taxpayers, to contact the Council to express opinions on this matter and as to the type of Council they wish to have. ______________________________________________________________________________ 5. Special Planning Case SP-121-03 Community Development Director Ericson provided an overview of the discussion from the last meeting pertaining to temporary outdoor structures in commercial districts. Director Ericson asked the Commission for discussion and feedback concerning the proposed language amendments indicating that if the amendments were acceptable to the Commission, Staff would put them into Ordinance format for consideration at the next meeting. Commissioner Miller indicated that she saw nothing referring to what zone they are permitted in. Director Ericson indicated that the discussion was that they would be allowed in a commercial district and that would be added to the language of the zoning code. So, if an IUP is required under B-1 zoning it would be required in each business district as well as in the industrial district. Mounds View Planning Commission January 21, 2004 Regular Meeting Page 3 ________________________________________________________________________ Commissioner Hegland asked whether there was anything that controls the IUP transferring to a new property owner if the property is sold. Director Ericson commented that a CUP transfers with the property and nothing had been added to this to prevent an IUP from transferring to a new owner. Commissioner Hegland indicated he feels that a new owner should come to the City to request an IUP rather than having it automatically transfer with the sale of the property. Chair Stevenson indicated he feels that Staff should be able to review and grant the permit each year unless there are issues to be discussed by the Commission. Director Ericson indicated that the fire code dictates that the structure is only allowed to be up for 180 days. If it is up longer than that the structure would need to comply with the building codes and be sprinkled. The Commission asked that the code reference that the structures are not allowed for more than 180 days on the off chance that someone could afford to bring the temporary structure up to building code requirements. Commissioner Zwirn asked if there is a protection if there is a problem that would allow the City to deny the permit and issue an order to cease operation out of the structure. Director Ericson indicated that if there is an issue of life, health or safety, the fire marshal or building official can post a “do not occupy” notice. Commissioner Zwirn asked if it was necessary to implement a penalty for operating without the permit or beyond the allowed days. Director Ericson indicated there is a fee and penalty structure built into the codes already and failure to comply with a “do not occupy” order is a misdemeanor. Commissioner Song commented that she is a realtor and has had several customers looking at homes in the area. She tries to persuade to buy in Mounds View but she receives comments that the streets are not so neat and she would like to see stronger rights for the City to terminate the use of this type of structure if the conditions are not met. Director Ericson indicated there are some things listed concerning the requirement to maintain the structure in good condition and to make corrections within a reasonable amount of time. The Commission discussed whether this should be a permit reviewed annually by the Commission that goes through the public hearing process or whether to grant a five year permit to be reviewed annually by Staff. Mounds View Planning Commission January 21, 2004 Regular Meeting Page 4 ________________________________________________________________________ Commissioner Hegland said he would like to grant an annual permit and allow some time to gain experience with this type of regulation before granting a five year permit. Commissioner Miller commented that the structure has already been there for two years. Commissioner Johnson indicated he would like to grant the five year permit and have Staff review it every year. Chair Stevenson agreed. Commissioner Zwirn asked whether issues would be brought to the Commission for discussion rather than just granting an automatic approval despite having trouble getting the structures down within the time frame. Director Ericson indicated that there would not be an automatic trigger for review but Staff would bring anything other than normal enforcement issues to the Commission for consideration. Commissioner Hegland asked how the permit could be revoked. Director Ericson indicated the City Council would adopt a Resolution to revoke it. Commissioner Zwirn indicated he would like some way to impose a penalty to ensure compliance to protect residents from someone who abuses the privilege and has complaints against them. Director Ericson agreed to discuss the matter with the City Attorney to determine whether it would be appropriate to add penalty language to the amendment. Commissioner Hegland commented that the action would be to revoke the permit if the issue is bad enough and that process takes time for notices and public hearings. Commissioner Miller commented that the fire marshal gives them 180 days and if they go beyond that there is big trouble and the fire marshal shuts them down. She then said that she did not think anyone would take the chance of having the right to use their structure eliminated by not following the requirements. Commissioner Scotch asked how long the Mermaid’s structure was up last year. Director Ericson indicated that extra consideration was given to the Mermaid for set up and take down and the actual occupied time was not as long as the structure was up. Commissioner Zwirn commented that he does not want them to benefit from dragging their feet about taking the structure down. Mounds View Planning Commission January 21, 2004 Regular Meeting Page 5 ________________________________________________________________________ Commissioner Hegland indicated that revocation of the permit is the biggest deterrent from breaking the Code. Director Ericson commented that the only penalty may be through court action and whatever fines are dictated by the judge. Commissioner Zwirn said he is concerned for competition in the future because if one does not follow the rules the other will think they do not have to either and he would like the City to have a way to enforce the issue through fines or something and not just rely on the fire code. Commissioner Johnson indicated that going beyond the 180 days would be handled immediately by the fire marshal. He then said that the Mermaid tent was not occupied until the first part of June and is being taken down now. He further commented that leeway was given because this was the first of this type of structure and the fire marshal and building official did not know what regulations needed to be met which delayed the occupancy permit. Commissioner Hegland indicated he would like to review it every year. Commissioner Zwirn agreed. There was consent to draft the amendment to provide for a five year permit reviewed annually by Staff. ______________________________________________________________________________ 6. Special Planning Case SP-113-02 Planner Prososki indicated that there is a conflict within the Code that requires temporary outdoor vendors to obtain a conditional use permit. She then said that Staff reviewed prior Minutes and has made recommendations to clarify the matter in the Code. The Commission agreed to allow three temporary sales events per year with 30 days between sales. The Commission also agreed to require CUP’s for anything over 10 days. Planner Prososki indicated that prior discussions were to require that the sale be on a grassed area to control dust and that the sale not use parking spaces. Commissioner Zwirn asked whether lighting is addressed. Director Ericson indicated that Staff would include language to govern lighting. ______________________________________________________________________________ 7. Next Planning Commission Meeting: February 4, 2004 ______________________________________________________________________________ Mounds View Planning Commission January 21, 2004 Regular Meeting Page 6 ________________________________________________________________________ 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: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.