HomeMy WebLinkAbout03-05-2003
MOUNDS VIEW PLANNING COMMISSION
March 5, 2003 -- 7:00 P.M.
REGULAR MEETING
AGENDA
1. Call to Order 2. Roll Call 3. Approve Minutes:
a. January 22, 2003
b. February 5, 2003
4. Citizens Requests and Comments on Items Not on the Agenda
CITIZENS: BEFORE SPEAKING, PLE ASE COME TO THE PODIUM,
AND GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES
5. Planning Case TX03-001
Consideration of a Text Amendment Request of Zoning Code Chapter 1111 Relating to
the R-O Zoning District
Location: 2865 Highway 10
Applicant: Greg Johnson
6. Discussion pertaining to a Code Amendment to regulate the siting and licensure of Pawn
Shops in Mounds View.
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: March 19, 2003
8. Adjournment to Agenda Session
AGENDA SESSION
1. Staff Reports
2. Chairperson and Planning Commissioners’ Reports
N:\Data\Groups\Comdev \Planning Commission \PC Agendas\2003 \03-05-03 PC Agenda.doc
City of Mounds View
Planning Commission Report
Meeting Date: March 5, 2003
Title: Consideration of Resolution 721-03, a Resolution Recommending Approval of a
Zoning Code Text Amendment to Chapter 1111 Relating to the R-O Zoning
District -- Planning Case TX03-001
Introduction:
The property owner residing at and operating a business at 2865 County Highway 10 has requested an
amendment to Chapter 1111 of the Zoning Code relating to the permitted uses allowed within the R-O
Zoning district. The Code indicates that accessory uses within an R-O district are regulated as they are in the
R-4 zoning district, which is the same for an R-3 district, and so on. In the single -family district, an accessory
building may not exceed 952 square feet without a c onditional use permit and that the total square footage of
all accessory use space shall not exceed 1,800 square feet.
Discussion:
The property owner asserts that the zoning requirements relating to the size of his garage, which is his place
of business, are too restrictive and not in keeping with the intent of the Residential Office district. According
to the Zoning Code, the purpose of the district is as follows:
The purpose of the R-0, Residential Office District is to provide for high-density
residential use and for the transition in land use from residential to low intensity
business allowing for the intermixing of such uses.
The intent is to allow for a more dense development, with or without a commercial component. In other
words, this district is a true “mixed use” district. Given that commercial and residential uses are allowed on
the site at the same time, there are in effect two principal uses. As such, the garage area in this case should
not be considered accessory but rather principal, and should not be subject to the accessory garage
requirements as articulated in the single -family residential district.
Based upon the discussion of the Planning Commission on February 19, 2003, staff has drafted a
resolution which recommends amendment of the Code to allow for the following language to be added
to Section 1111.02, Permitted Uses:
??Automotive Accessory Installation Operations
The resolution further states that the Planning Commission recommends that the commercial use be
subjected to the regulations and requirements of Section 1006.06 of the Building Code, entitled
“Development Controls.”
Item # 5
R-O Text Amendment
March 5, 2003
Page 2
If approved, the Resolution will be forwarded on to the City Council who would be presented with an
ordinance effectuating the change. Because the text amendment is within the Zoning Code, a public
hearing will be scheduled and the neighboring property owners would be notified.
Recommendation:
Staff recommends approval of the attached Resolution 721-03, a resolut ion recommending to the City
Council amendment of Chapter 1111 of the Mounds View Zoning Code relating to the R-O,
Residential/Office zoning district.
James Ericson
Community Development Director
Attachments:
1. Zoning Map
2. Resolution 721-03
N:\Data\Groups\Comdev\Planning Commission\PC Packets\2003\03-05-03\Item 5 - Text Amendment.doc
Zoning Map
Applicant’s
Property
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 721-03
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO
CHAPTER 1111 OF THE MOUNDS VIEW ZONING CODE PERTAIN ING TO THE R -O
ZONING DISTRICT; MOUNDS VIEW PLANNING CASE NO. TX03-001
WHEREAS, Greg Johnson, property owner of 2865 Highway 10, has requested an
amendment to Chapter 1111 of the Zoning Code relating to the permitted uses within the R -O
Zoning District; and,
WHEREAS, Mr. Johnson maintains his residence and operates a commercial use
on his property which is currently zoned R-O, Residential/Office District; and,
WHEREAS, The purpose of the R -0, Residential/Office District is to provide for
high-density residential use and for the transition in land use from residential to low
intensity business allowing for the intermixing of such uses; and,
WHEREAS, Mr. Johnson has operated his commercial business at this location for
twenty years and is now seeking a pproval to expand the footprint of his commercial
building in excess of what is allowed by residential district standards; and,
WHEREAS, the Planning Commission believes that the R-O Zoning District was
created to provide for a mix of uses on the same lo t and that the commercial use existing on
the subject property is consistent with the intent and purpose of the district; and,
WHEREAS, as permitted by Chapter 1111, there are two distinct principal uses on
the property and that the commercial building should not be considered a residential
garage and held to the same requirements and restrictions as provided for in a single -
family zoning district.
NOW, THEREFORE, BE IT RESOLVED, THE Planning Commission recommends
amending Chapter 1111 of the Zoning Code to further clarify the permitted uses within the R -O
district by adding the following text under Section 1111.02, Permitted Uses:
??Automotive Accessory Installation Operations
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission
recommends that separate and distinct commercial facilities within R -O districts be subject to
the Development Review requirements as set forth in Section 1006.06 of the Mounds View
Building Code.
NOW THEREFORE BE IT FURTHER RESOLVED that the Mounds View Planning
Commission directs staff to forward this resolution to the City Council prior to approval of
the minutes.
Resolution 721-03
Page 2
Adopted this 5th day of March, 2003.
_____________________________________
Gary Stevenson, Chairperson
ATTEST:
_____________________________________
James Ericson
Community Development Director
(SEAL)
N:\DATA\GROUPS\COMDEV\Planning Commission\PC Resolutions\721-03, R-O Text Amendment.doc
Item # 6
City of Mounds View
Planning Commission Report
Meeting Date: March 5, 2003
Title: DISCISSION REGARDING THE NEED TO AMEND THE CITY CODE TO
ADDRESS THE ZONING AND LICENSING REQUIREMENTSFOR PAWN
SHOPS IN MOUNDS VIEW
Introduction:
Because no land use controls or regulations exist for pawn shops and related establishments within the City,
staff recommended to the City Council that it adopt an ordinance which directs the Mounds View Planning
Commission to conduct a study of this matter and make recommendations as to the adoption of amended
official controls or regulations to fulfill the City's legal obligation to adequately protect the public health,
safety and welfare. The ordinance, which is attached for the Commission’s review, was adopted on
January 27, 2003 and provides for an eight -month period of review.
Discussion:
Due to the staffing shortage within the Community Development Department and the City in general, I
have made arrangements with a Planning Consultant to review existing ordinances from other
communities and to draft an ordinance that would regulate the zoning and licensure of pawn shops in
Mounds View. A first draft of the ordinance should be available for the Planning Commission to review
on March 19, 2003.
Recommendation:
If the Commission has any questions or suggestions regarding the process, feel free to contact me prior
to the meeting.
It is possible that a representative or representatives of a pawn business looking to locate in Mounds
View may be in attendance to answer any general questions regarding the pawn industry.
James Ericson
Community Development Director
Attachments:
1. Ordinance 709
N:\DATA\GROUPS\COMDEV\Special Projects\SP-114-03 (Pawn Shops)\PC Report - March 5, 2003.doc
ORDINANCE NO. 709
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN EMERGENCY INTERIM ORDINANCE REGULATING THE PRESENCE AND
SITING OF PAWN SHOPS AND RELATED ESTABLISHMENTS WITHIN THE CITY OF
MOUNDS VIEW.
WHEREAS, the City Council has considered the issue and continues to consider the
issue of whether the City should adopt an ordinance to address the City health, safety and
welfare issues caused by pawn shops and related establishments within the City; and
WHEREAS, City staff has made an initial review of this matter and recommends that
this matter be more fully studied; and
WHEREAS, the City Council has authority, pursuant to Section 3.06 of the City of
Mounds View City Charter and Minnesota Statutes Section 462.355, Subdivision 4, to adopt
an emergency interim ordinance during which time the City will conduct a study of the
possibility of adopting new or amended controls to fulfill the City's legal obligation to
adequately protect the public health, safety and welfare; and
WHEREAS, an emergency interim ordinance is necessary to protect the public health,
safety and welfare because no land use controls or regulations exist for pawn shops and
related establishments within the City; and
WHEREAS, the City Council authorizes a study as to the possibility of adopting new or
amended controls to fulfill the City's legal obligation to adequately protect the public health,
safety and welfare; and
WHEREAS, the City Council makes the following:
FINDINGS OF FACT:
1. The City Council authorizes a stud y to be conducted for the purpose of considering the
adoption of new or amended land use controls or regulations as defined in Minn. Stat. §
462.352, for pawn shops and related establishments within the City of Mounds View.
2. The City Council of the City of Mounds View directs the City of Mounds View Planning
Commission to conduct a study of this matter and make recommendations as to the
adoption of amended official controls or regulations to fulfill the City's legal obligation to
adequately protect the p ublic health, safety and welfare.
3. This emergency interim ordinance is to protect the health, safety and welfare of the City
of Mounds View residents and to protect the planning process, because no land use
controls or regulations exist for pawn shops a nd related establishments within the City,
and not to delay or prevent any single project.
Ordinance 709
Page 2
NOW, THEREFORE, based on the above findings of fact,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following emergency Special Ordinance No. 709.
Subdivision 1. Purpose. To protect the planning process under the authority
of Minnesota Statutes, Section 462.355, Subdivision 4, and to protect the public health,
safety and welfare of the citizens of the City of Mounds View, the City Council of the City
of Mounds View hereby adopts an interim ordinance which prohibits the presence and
siting of any new, or the expansion of any existing, pawn sho ps and related
establishments within the City of Mounds View.
Subd. 2. Applicability of Ordinance. This interim ordinance shall be in effect
until the 27th day of September, 2003, or until the final adoption of an amended
ordinance to regulate pawn sho ps and related establishments in the City of Mounds
View, whichever occurs first.
SECTION 2. This emergency ordinance is effective upon adoption in accordance with
Section 3.06 of the City of Mounds View City Charter.
Passed by the City Council of the City of Mounds View, Minnesota, this 27th day of January,
2003.
________________________________________
Jerry Linke, Mayor
ATTEST:
_____________________________________
_
James Ericson, Interim City Clerk-Administrator
(SEAL)
APPROVED A S TO FORM:
_________________________
Scott Riggs, City Attorney