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HomeMy WebLinkAbout1096-19MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1096-19 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA 1 RESOLUTION RECOMMENDING APPROVAL OF THE REVOCATION OF A CONDITIONAL USE PERMIT FOR A TIRE AND MINOR AUTO REPAIR STORE AT 2832 MOUNDS VIEW BOULEVARD PLANNING CASE CU2012-001 WHEREAS, on August 27, 2012, the City Council adopted Resolution 7984, approving a Conditional Use Permit to allow a Tire and Minor Auto Repair Store at 2832 County Road 10, legally described as: PID: 06-30-23-34-0089 Lot 1. Block 1 Velmeir CVS Addition WHEREAS, the property is guided Mixed Use MU -PUD in the Comprehensive Plan (2010), defined as "Land containing a building or buildings with significant amounts of residential uses in combination with commercial and/or office uses. Sites with this designation should be developed as planned unit developments to provide flexibility to ensure that integrated efficient and well-planned development occurs. Examples include projects that could provide for a mix of residential and commercial uses within single or multiple structures"; and, WHEREAS, the property is zoned B-3 Highway Business. The purpose of the B- 3 district "is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities." Permitted uses include "Limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use."' Conditional Uses include minor auto repair, tire and battery stores and service, with conditionsz; and, WHEREAS, to the City's knowledge, since the Conditional Use Permit was approved in 2012, the property has not been used as Limited Retail, nor as a Tire and Minor Auto Repair Store; and, 1 Mounds View City Code, Section 1114.02 (Permitted Uses); "All permitted uses as allowed in a B-2 Limited Business District". 2 Mounds View City Code, Section 1114.04, Subd 3 (Motorfuel station, auto repair, minorand tire botterystores and service) Resolution 1096-19 Page 2 of 5 WHEREAS, Since 2012, the City has taken multiple enforcement actions for violations including; Building Code, Fire Code, and Zoning Code. Recent violations have included operating an unpermitted use within the B-3 district (warehouse), improper storage of high -hazard material (tires); exterior storage of inoperable vehicles, and exterior storage of semi -trailer trucks; and, WHEREAS, Resolution 7984, Condition 4 of the Conditional Use Permit states "This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such a review, in the estimation of the City Administrator or the City Council"; and, NOW, THEREFORE, BE IT RESOLVED, consistent with the Mounds View City Code, Section 1125.01, Subdivision 3 (Conditional Uses), in granting a Conditional Use Permit, the City Council shall consider the advice of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of the occupants of surrounding lands. Among other things, the City Council make findings where applicable [Findings in italics]: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. Finding: The use (Tire and MinorAuto Repair Store) does not create an excessive burden on existing public facilities. The property's frequent code violations has created a burden on City resources. (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. Finding: The use (Tire and Minor Auto Repair Store) is adjacent to single-family homes, and screened by a 6' privacy fence that is not sufficient to screen tall vehicles such as semi -trailers and trucks that have frequently been stored on the property. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Finding: The structure and site have an appearance of a rundown property, as demonstrated by the frequent exterior storage of inoperable vehicles, scattered debris and garbage in the parking lot, dilapidated signage, and hazardous storage of Resolution 1096-19 Page 3 of 5 tires, presenting an eminent health threat to the community should a fire occur. (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Finding: Within the Mounds View community and adjacent areas, there are numerous tire retailers concentrated along Highway 47, and Highway 65. There is not a tire retailer within Mounds View other than auto repair shops (there are three in Mounds View). It is reasonable that a Tire and Minor Auto Repair Store would serve the overall needs of the City, if operated appropriately. (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. Finding: The intent of the Zoning Code is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use. The use of the property for the improper storage of tires (e.g. within semi -trailers) creates a significate threat to the public's health and safety in the event of a tire fire, a threat in which the SBM Fire Department would not be able to contain and would require evacuation of the neighborhood. This lack of responsibility by Tires N'More to operate in compliance of codes as demonstrated by multiple code violations since 2012, leads the City Council'to believe that Tires N'More has no intention, or no ability to comply, and operate within the law. Further, the approved use (Tire and Minor Auto Repair Store) as operated by Tires N'More as a warehouse without retail, is not a permitted use within the B-3 Highway Business district. The District does permit "limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use." Tires N'More has posted business hours of Saturdays, 9:00 - 3:00, but have not been found to be open, nor appear to be set up to conduct retail sales. Resolution 1096-19 Page 4 of 5 (6) The use is not in conflict with the Comprehensive Plan of the City. Finding: The approved use (Tire and Minor Auto Repair Store) as operated by Tires N'More as a warehouse without retail, conflicts with the following goals and policies of the Comprehensive Plan (2010): Chapter 3: Land Use Commercial Goal 2: Provide safe, convenient, attractive, and accessible commercial development. Policy d. Ensure that all service, institutional and commercial uses are adequately screened and buffered from any existing or planned residential developments. Policy k. The City will enact and uniformly enforce commercial/industrial maintenance code to help ensure that commercial and industrial properties reflect city attribute, policies and standards. (7) The use will not cause traffic hazards or congestion. Finding: The use has not caused traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Finding: Adequate facilities have been provided for the approved use (Tire and Minor Auto Repair Store), but not for the additional use of improper storage of tires. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission recommends approval of the Revocation of the Conditional Use Permit. 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. Resolution 1096-19 Page 5 of 5 Adopted this 17th day of April, 2019 ATTEST: Jon Sevald, (SEAL) A";� C�ry Stevenson, Chair Community Development Director