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HomeMy WebLinkAbout04-17-2019 PC PacketMOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA April 17, 2019 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. (none) 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the record.) 5. Planning Cases A. Resolution 1095-19, Recommending Approval of Ordinance 956, Amending the Zoning Map for 8482, 8484, and 8486 Long Lake Road B. Resolution 1096-19, Recommending Approval of the Revocation of a Conditional Use Permit for C & N Group, LLC (dba Tires N'More), 2832 Mounds View Boulevard 6. Other Planning Activity A. Discussion — 2040 Comprehensive Plan 7. Reports A. Upcoming Planning Cases & Activity B. Staff Updates C. Council Updates D. Planning Commissioner Reports 8. Approval of Minutes: A. March 6, 2019 9. Next Planning Commission Meetings: A. Wednesday, May 1, 2019 B. Wednesday, May 15, 2019 10. Meeting Conclusion Item No: 05A M7 7�7 _� �T Meeting Date: Apr 17, 2019 OUNDS VVfE_ Type of Business: Planning Case ZC2019-001 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1095-19, Recommending Approval of Ordinance 956, Amending the Zoning Map for 8482, 8484, and 8486 Long Lake Road Introduction Staff is requesting an Amendment to the Zoning Map to correct an error. The affected properties include a twin -home and a single-family home. The twin -home was rezoned from R- 1 to R-2 in 1982. During the City's updating of the Zoning Map, the neighboring single-family home was rezoned instead. Discussion In December 2018, 8486 Long Lake Road (west half of twin -home) was sold. As part of the process, a real estate appraiser contacted the City to confirm zoning, at which time Staff noticed that the twin -home was erroneously zoned R-1, and that the adjacent single-family home (8482 Long Lake Road) was zoned R-2 (zoning was flip-flopped). It is Staff's guess that this error occurred in the early 1990's when the City converted hand drawn zoning maps into computer generated maps. Analysis Timeline: 1982: Ordinance 325 is adopted, rezoning unplatted land from R-1 to R-2. 1984: 8495 Red Oak Dr is subdivided into two lots; Parcel A and B (Resolution 1511). Parcel B is that area rezoned R-2. Parcel B is then subdivided for a zero -lot line twin home (Resolution 1803). A twin -home is built. 19XX: City Staff convert hand drawn maps into computer generated maps. 1995: Zoning Map shows 2716/2720 County Road J as R-1, and 2708 County Road J as R-2. 2708 County Road J is a single-family home, built in 1941. 2002: County Road J is realigned. 2716/2720 County Road J (twin -home) is re- addressed as 8484 and 8486 Long Lake Road, and 2708 County Road J is re- addressed as 8482 Long Lake Road. The Mounds View Vision AThoving Desirable Community Item 05A Page 2 Within the R-1 district, Single -Family homes are a permitted use. Within the R-2 District, Both Single -Family, and Two -Family homes are a permitted use. This means that the twin home at 8484/8486 Long Lake Road is a non -conforming use. As such, the twin -home can be repaired or replaced, but cannot be expanded. In 2017, the twin -home was struck by lighting, requiring extensive repairs. By rezoning 8482 Long Lake Road from R-2 to R-1, the single-family home cannot be converted into a two-family home. This home was built in 1941. It is not known if its owner has any intent of converting the home. Strategic Plan Strategy/Goal: N/A Financial Impact: N/A Summary During a mapping update, the City unintentionally changed the zoning of three properties. Staff is requesting an amendment to the Zoning Map to correct this error. Recommendation Staff recommends approval Resolution 1095-19, recommending approval of Ordinance 956, amending the Zoning Map for certain properties. The Planning Commission is requested to consider the following options: 1. Approve Resolution 1095-19, recommending approval of the Zoning Map amendment. 2. Deny Resolution 1095-19, and not recommend approval of the Zoning Map amendment. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Commission can simply move to table the request until such information has been provided. This mapping error has existed for 20+ years, thus, there is not an imminent need to change it right away. Respectfully submitted, Jon Sevald, AICP Community Development Director Attachments 1. Zoning Map 2. Photos 3. Ordinance 325 4. Resolution 1095-19 The Mounds View Vision A rhmlmg Desirable Community Item 05A Page 3 Zoning Map fr� — — — LONG —2 — LAKE 1O _ \\ )q m 8491 8494 49 8494 8495 10 8481 - 8490 848 0° 8471 8484 8485 8484 847 8470 �j r0 8474 8475 8465 8470 8475 8474 8471 8466 10 846 8480 8465 8467 58 8481 8460 845 0456 8464 6465 508455 8455 8454 8456 6450 8465 gggq g441 8432 W 8444 8443 8444 0 8445 8444 8453 38 8431 < 8431 1 - 8435 8434 8433 8432 8441 32 8419 8424 8425 8434 8425 8424 26 8415 8400 8415 8420 _ 8425 6428 8429 8415 8414 20 8409 8392 8401 8406 8405 8404 8415 8408 8415 14 8401 O1 8384 8400 8379 8390 8405 _ 0400 8395 OB 39 "� 837 8389 8384 8395 6380 8381 98GF N ,� 8379 8380 8373 8370 8385 6370 88 37 8365 8372 8367 _ 8360 8375 8360 8379 - 0 37 "� m 836 8355 8368 83598350 8355 8350 0375 68 K 8369 8380 8364 8345 _ _ 8340 8345 8340 8371 4 8385 8354 8345 8330 8340 8331 8330 8335 8357 44 8351 8346 8335 8325 8320 8343 0342 8325 8312 8315 8320 8315 0318 8323 34--8321 8335 8332 8315 8300 6303 8310 161 8305 8310 30 8333 8322 8305 8290 8295 8290 8291 8290 8285 8325 8300 8285 8280 B287 8Y80 = 8281 8280 8273 8275 8270 8281 8270 uul 8271 8270 GROVELAND 8265 8260 0273 8260 8261 8280 8265 PARK 8255 8250 8267 8250 6251 8250 8255 N a 8240 8261 8240 5241 N N $230 0255 N N N N N i$ N 8231 ARDAN N N N AVE -1 LTl'4Ti mT� I'S'f ,nTm i--T`9 _ I LEGEND ZONING DISTRICTS •R-1 SINGLE -FAMILY RESIDENTIAL B-2 LIMITED BUSINESS R-2 SINGLE & Two FAMILY RESIDENTIAL 13-3 HIGHWAY BUSINESS R-3 MEDIUM DENSITY RESIDENTIAL B-4 REGIONAL BUSINESS R-4 HIGH DENSITY RESIDENTIAL 1-1 INDUSTRIAL R-5 MOBILE HOME PF PUBLIC FACILITIES R-O RESIDENTIAL/OFFICE PUD PLANNED UNIT DEVELOPMENT B-1 NEIGHBORHOOD BUSINESS CRP CONSERVANCY, RECREATION & PRESERVATION • AREAS NOT LABELED ARE R-1 DISTRICTS The A4ounds View Vision A Thriving Desiroble Community Item 05A Page 4 Photo 1: 8482 Long Lake Road (left), 8484/8486 Long Lake Road (right) (Photo April 11, 2019) The Mounds View Vision AThriving Desirable Community ORDINANCE NO. 325 . .. ll,l - ..... ..... - CITY Of' MOUNDS VIEW, -;+.. -•: •;.:::..:• _ :.:F:.. ... . ...... ........._....- .... .., _ ,.-... COUNTY OF RAMSrY .: .. .:_.. ... .. TATE . S NESOTA ' .....:.:_ ;. ...,. .. ..MIN Of • AN ORDINANCE AMENDING THE MUNICIPAL CODE: OI•' MOUNDS VIEW BY AMENDING CHAPTER 41 ENTITLED, "SPECICIC REZONING" The Council of Mounds View does hereby'.ordyain:.' ;. •;•;;-•; 41,09 'Pursuant to Chapter 4U. G3, the Official Mounds' View Zoning Map is hereby amended to reflect the following rezoning: ... Subdivision 1. - :;,,..;.U•nplatted. Lands :: .. '. .• •.. - •; :•,:.r,' •.i - • ',.;z,. .: `:.• Except County Road and except the: south., 3,198"-- -. .. ' - ; -: . t,.. '• ;•'feet,. •. the east. 120 feet of' the west:';794};•f@et,yof r;; '"`'. '' .. the`,-nor'the�ist 1/4 of Secticn- `6, __T0q!1Ah p -9)..: ....... %.^.. „Rarigc "'23'.is; hereby rezoned from R='1 - to _R^2. This Ordinance shall.take effect 30 days'ofter•4Elie -date of=its• '' publication. ., Read by the Council of the.Citv-ref Mounds View on the - 8 day of .. . November 1982.. Read and passed by Lha Council of the City of .Mounds View this 22nd "' ' day of- 'November ' 1962 _ J . ._� • .. :. /.-- (,,-C/• /`'. `.-•- (c ATTEST: x:.�: Gtr ':• : : ,•... .. yor .: - , .. i? (SE'hL) �.,r3.;.E�•" .. C,.r.(d.� a• fir, 'blctrt;-Administrator i APPROVES? AS TO rORM- C ty Attorney r MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1095-19 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMEDNING APPROVAL OF ORDINANCE NO. 956 AN ORDINANCE AMENDING THE ZONING MAP, REZONING 8482 LONG LAKE ROAD FROM R-2 SINGLE & TWO FAMILY RESIDENTIAL TO R-1 SINGLE- FAMILY RESIDENTIAL, AND REZONING 8484 LONG LAKE ROAD AND 8486 LONG LAKE ROAD FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 SINGLE & TWO FAMILY RESIDENTIAL WHEREAS, the Zoning Map was established on May 1, 1980 in the Mounds View City Code, Chapter 1105.02, and may be amended by the City Council from time to time; and, WHEREAS, the City Council approved Ordinance 325 on November 22, 1982, amending the Zoning Map from R-1 Single -Family to R-2 Two -Family on property located at 8484 Long Lake Road, and 8486 Long Lake Road (this is a twin -home); and, WHEREAS, at an unknown time between 1982 and 1995, the City converted hand drawn maps into computer generated maps. It is believed that during this conversion, an error was made changing 8484/8486 Long Lake Road from R-2 to R-1, and 8482 Long Lake Road from R-1 to R-2. This error was found in 2018, and the City now intends to correct this error; and, WHEREAS, these properties are described as: Address PID Legal Description Current Zoning Proposed Zoning 8482 Long Lake 06-30-23-12-0039 THAT PART OF LOT 2 BILK 1 OF R-2 R-1 Road KATHLEEN BERG ADD LYING W OF WL OF LOT 1 BLK 1 OF SD ADD EXTENDED S TO SL OF SD LOT 2 & EX S 3198 FT; THE E 90 FT OF W 882 FT OF NE 1/4 (SUBJ TO RD & ESMTS) IN SEC 6 TN 30 RN 23 8484 Long Lake 06-30-23-12-0118 The east 60 feet of that part of the NE R-1 R-2 Road % of section 6, T. 30 R. 23, Ramsey County, Mn. Described as follows: Beginning at a point528.00 feet east of the west line and 201.74 feet south of the north line of the NE'/, of said Section 6; thence east and parallel with Resolution 1095-19 Page 2 of 3 WHEREAS, these properties are guided for Single -Family Detached in the Comprehensive Plan (2010). The rezoning of 8484/8486 Long Lake Road is not consistent with the Comprehensive Plan Future Land Use Map (Figure 6). The rezoning is consistent with the current land use; single-family attached residential. The City does not intend to amend the Comprehensive Plan at this time; and, WHEREAS, the Mounds View Planning Commission has reviewed the Staff Report, the Zoning Map, and Ordinance 325 approving the 1982 rezoning; and, NOW, THEREFORE, BE IT RESOLOVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: h south line of said NE 1/4, a distance of 264.00 feet; thence north and parallel with the west line of said NE a distance of 192.82 feet, more or less, to the north line of said SE %; thence west, along said north line to a point being a distance of 528.00 feet east of the Northwest corner of said NE %; thence south, to the point of beginning. Reserving and subject to an easement for road purposes over the north 33.00 feet thereof. Also reserving and subject to an easement for drainage purposes over the south 15.00 feet thereof. 8486 Long Lake 06-30-23-12-0119 The west 60 feet of the east 120.00 R-1 R-2 Road feet of that part of the NE '% of the Section 6, T. 30, R. 23, Ramsey County, Mn. Described as follows: Beginning at a point 528.00 feet east of the west line and 201.74 feet south of the north line of the NE '% of said Section 6; thence east and parallel with the south line of said NEA a distance of 264.00 feet; thence north and parallel with the west line of said NE'/a, a distance of 192.82 feet, more or less, to the north line of said NE'/4; thence west along said north line to a point being a distance of 528.00 feet east of the Northwest corner of said NE %; thence south, to the point of beginning. Reserving and subject to an easement for road purposes over the north 33.00 feet thereof. Also reserving and subject to an easement for drainage purposes over the south 15.00 feet thereof. WHEREAS, these properties are guided for Single -Family Detached in the Comprehensive Plan (2010). The rezoning of 8484/8486 Long Lake Road is not consistent with the Comprehensive Plan Future Land Use Map (Figure 6). The rezoning is consistent with the current land use; single-family attached residential. The City does not intend to amend the Comprehensive Plan at this time; and, WHEREAS, the Mounds View Planning Commission has reviewed the Staff Report, the Zoning Map, and Ordinance 325 approving the 1982 rezoning; and, NOW, THEREFORE, BE IT RESOLOVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: Resolution 1095-19 Page 3 of 3 The City Council adopted Ordinance 325 on November 8, 1982, rezoning unplatted land from R-1 to R-2. This land is currently 8484 and 8486 Long Lake Road. 2. The City Council approved a Minor Subdivision of this land into two lots for a zero -lot line townhome, which was constructed in 1984. 3. During a mapping update, the City unintentionally designated 8484 and 8486 Long Lake Road as zoned R-1 instead of R-2, and 8482 Long Lake Road as R-2 instead of R-1. 4. This Rezoning of the three properties, hereby corrects the Zoning Map as intended by Ordinance 325. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs Staff to forward this resolution to the City Council before approval of the minutes. Adopted this 17`h day of April, 2019 Gary Stevenson, Chair ATTEST: Jon Sevald, Community Development Director (SEAL) MOUNDS VIEW City of Mounds View Staff Report Item No: 05B Meeting Date: April 17, 2019 Type of Business: Planning Case CU2012-001 To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 1096-19, Recommending Approval of the Revocation of a Conditional Use Permit for C & N Group, LLC (dba Tires N'More), 2832 Mounds View Boulevard Introduction: The City has taken numerous enforcement action against Tires N'More, located at 2832 Mounds View Boulevard. The property is in violation of City Codes pertaining to non -permitted land use (warehouse), outside storage, and Fire Code violations. At times, the property owner, C & N Group LLC, has cooperated with the City, but many times they have not. Staff have nearly exhausted its options for enforcement. Revocation of the CUP is one additional option. Discussion: Tires N'More is one of several auto related businesses operated by the Soussi family. It is Staff's understanding that the owners intend to use this location as a distribution center (warehouse) for its many retail operations. The primary concerns the City has relates to improper storage of tires inside and outside of the building, and exterior storage of semi -trailers' and inoperable vehicles. The excessive amount of tires creates very hazardous conditions, should a fire occur. The primary concern the public has expressed is that the area looks "rundown" .2 Zoning Code Violations The property is zoned B-3 Highway Business, and guided for Mixed Use in the Comprehensive Plan. Naoufel Soussi, representing Tires N'More, received a Conditional Use Permit (CUP) for a "Tire and MinorAuto Repair Store" in 2012 (Resolution 7984). To the City's knowledge, a store was never opened. Instead, the building has been used for the warehousing of tires. "Warehouse" is not a permitted use in the B-3 district. With cause, the City Council may revoke the CUP. In this case, the property cannot be used for "Tire and Minor Auto Repair' [emphases added]. It can be used for "limited retail uses which have, as the principle use, sales with warehousing or display secondary to that use." Since the property is not used for auto repair, revoking the CUP has no effect on the current use as a warehouse, nor would it affect the appearance of the property (e.g. the public's concern of looking rundown). Mounds View City Code, Section 1114.03 (B-3 district) allows all permitted accessory uses, as allowed in the B-2 district, which refers the same to permitted accessory uses as allowed in the B-1 district. Section 1112.03, Subd 2 (Accessory Uses in B-1 District); "Off-street parking as regulated by Chapter 1121 of this Title but not including semi -trailer trucks". Staff interprets this as off-street parking of semi -trailer trucks is prohibited in the B-1, B-2, and B-3 districts, unless for deliveries. 2 City of Mounds View Community Opinion Survey (2018), referring to multiple comments about vacant businesses and properties along Mounds View Boulevard, not specifically Tires N'More by name. The Mounds View Yisiuu A 7111-irbng Desiruhle (bnmmwilY Item 05B Page 2 In 2018, the City pursued enforcement action for using the property for an unpermitted use (warehouse). The District Court dismissed the case because the City improperly charged the property representative, Haythem Soussi, instead of the property manager. At that time, Haythem Soussi was the City's primary contact. Naoufel Soussi is registered as the Manager of C & N Group by the Secretary of State's office. It is the City's understanding that Naoufel Soussi does not reside in the U.S., which complicates enforcement efforts. Since the court action, the City's primary contact for the property has changed to Sami Soussi. Fire Code Violations The SBM Fire Chief and Fire Marshal have issued corrective orders related to the improper storage of tires. Sami Soussi has been cooperative, and is taking action to correct these violations, including the removal of waste tires from inside the building, and inoperable vehicles. Although progress has been made, it has been slow and incomplete. Strategic Plan Strategy/Goal: Continue enforcement & responsiveness to drug problem, traffic, code violations, & petty crimes & support 2nd K-9 unit. Financial Impact: The City's legal fees will continue (criminal and civil prosecution). Summary: In 2012, Tires N'More received a Conditional Use Permit for Tire and Minor Auto Repair. Since this time, the property has not operated for its approved use, and instead is primarily used as a warehouse, which is not permitted in the B-3 district. The property has had numerous code violations. CUP's may be revoked by the City Council, with Findings. In this case, Findings include the owner's failure to operate the business such that it (tire and minor auto repair) provides a service and benefit to the community. Revocation of the CUP does not resolve City Code violations, which will be pursued separately. If the CUP is revoked, it will not address the public's concern that the property looks rundown. Many commercial buildings along Mounds View Boulevard were built when the boulevard was US Highway 10. Since the highway moved in 1999, and retail markets changed from neighborhood based, to more regional and internet based, these commercial buildings are not used for their original purpose, and sit empty or have found a different use. Tires N'More is one example. It is Staff's intent that by the City Council considering revocation of the CUP, the responsible party of Tires N'More will attend, and hear and understand the concerns the Council and the public have of the property, and take responsibility. It is not the City's intent to put Tires N'More out of business, but for it to be operated as a viable permitted business that benefits the community. The Rllnmids View Visiun A Thriving Desuable Cumnunmr Item 05B Page 3 Staff Recommendation: The Planning Commission is requested to consider Resolution 1096-19, Recommending Approval of the Revocation of a Conditional Use Permit for C & N Group, LLC (dba Tires N'More), 2832 Mounds View Boulevard. If revoked, auto repair cannot occur on the property. The property can be used for retail (primary use) with warehousing (secondary use), e.g. a retail store which warehouses its stock for retail sale. Recommendation: The Planning Commission is requested to consider the following options; 1. Approve Resolution 1096-19, recommending Revocation of a Conditional Use Permit for a Tire and Minor Auto Repair Store. 2. Deny Resolution 1096-19, not approving a recommendation to Revoke a Conditional Use Permit for a Tire and Minor Auto Repair Store. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Commission can simply move to table the request until such information has been provided. The 60 -Day Rule does not apply in this case because the City is the applicant of the request for revocation. A Public Hearing will be held by the City Council on Monday, May 13, 2019 at 6:30 PM. Respectfully submitted, Jon Sevald, AICP Community Development Director ATTACHMENTS Aerial Map Site Photos Tires N'More Timeline Resolution 7984 Resolution 1096-19 The A9ounds View Vision _4 Thrivingnesirahle Coeur umlY j GL FD SAT, - : 3:C n Sum v' -5 E n :.F i Item 05B Page 6 COMING SOON: LIFT KITS AND ACCESSORIES 3: Posted on front doors. Phone number is for Tires for Less, located at 980 Osborne Rd in Fridley (owned by Fridley Properties LLC, Haytheuu Soussi registered as Manager). (photo Mar 27, 2019). 4 Rear of Tires N'A4ore. Semi -hailers are used to store tires. The semi -trailer at right las its landing gear sunken into the pavement due to weight, and is not movable as -is. (photo Apt, 9, 2019). The'110unds 1'ie'v Vis16n :I I hi wing O,"sif able Cop muwitr Tires N' More Code Enforcement Timeline Authored by Mounds View Housing/Code/Fire Inspector, Jacob Martin. 08/01/2017 — V Notice of Violation for case #CE17-4 was mailed on this date for inoperable vehicles. 08/14/2017 -2nd Notice of Violation for case #CE17-4 was mailed on this date for inoperable vehicles 08/29/2017 —3rd Notice of Violation for case #CE17-4 was mailed on this date for inoperable vehicles 09/13/2017— Final Warning Letter for case #CE17-4 was mailed on this date for inoperable vehicles. 11/02/2017 — I received an email from the Mounds View Community Development Supervisor/City Planner Jon Sevald and he stated that the property is zoned as a B-3 Highway Business and is being used as a warehouse which is a violation of the Mounds View Municipal Code, Section 1114.02 (Permitted Uses). 11/03/2017 —1 was forwarded an email from the Mounds View Fire Marshal Mike Mattson that was from Tires — N — More where they stated the property was being used as a warehouse. At this time I pursued the violation for operating a warehouse in a B-3 Highway Business. 11/06/2017 — I sent a Formal Letter to Haythem Soussi, who is the property manager in question, and it stated the corrections to be made to bring the property into compliance with the Mounds View Municipal Code. The due date for a response to the letter sent was 11/20/2017. During this time the Mounds View Fire Marshal was trying to conduct reinspections at this property. 11/10/2017 — MV Police investigated a suspicious vehicle on this date due to a complaint from an employee at CVS. Refer to MV Police Report #MVPTL17010579. 01/05/2018 —1 set up a meeting with the Mounds View City Administrator Nyle Zikmund, Mounds View Police Chief Nate Harder, Mounds View Community Development Supervisor/City Planner Jon Sevald, Mounds View Fire Marshal Mike Mattson and myself to discuss moving forward with Tires — N — More. We came to the conclusion to allow the completion of the fire inspections before further enforcement of the violation for operating a warehouse. Fire Inspection was set for 01/15/2018 at 10:00am. 01/15/2018 — Mounds View Fire Marshal Mike Mattson and myself were present for the reinspection on this date and time but no one from the property was present to allow us entry into the property. I did receive a voicemail from the property manager later in the day. 01/20/2018 — MV Police investigated a report of a large accumulation of tires stacked in the rear of the business. Refer to MV Police Report#MVPTL18000509. 01/26/2018 —Summary Abatement Notice for case #CE18-11 was sent for the removal of the large accumulation of tires in the rear of the property. Due to the history of non-compliance at the property this notice was immediately issued. Page 2 of 3 02/07/2018 —The City Contractor was hired on this date to abate the large accumulations of tires in the rear of this property. During the clean-up, the property owner's brother, Haythem Soussi arrived at the property and stated they would remove the rest of the tires that were remaining. They did remove the remaining tires from the rear of the building. 03/29/2018 — MV Police investigated a RV parked behind the building on this property with potential people living in the RV. Refer to MV Police Report #MVPTL18002452. The vehicle in question was removed from the property. 03/07/2018 —On this date I resent a Formal Letter explaining to the property owner what actions needed to take place to come into compliance with the City of Mounds View. The due date for the response was 03/22/2018. 03/30/2018— I received an email from the property manager Haythem Soussi that stated what steps would be taken to bring the property into compliance. I forwarded the message onto the Mounds View Community Development Supervisor/City Planner Jon Sevald to respond. Email thread is attached. 04/02/2018 —An agreement came about between the property manager and our department that we would give them until 06/01/2018 to have the building operating as a business and not a warehouse. Other conditions associated with this were to allow myself access to the building to check for progress on reopening which I conducted on .04/26/2018. Also to complete all fire inspections and violations related to the inspections, which are still ongoing. 06/08/2018 — I emailed the Mounds View Fire Marshal Mike Mattson and asked for any update on the fire inspections. He stated they still had open violations and missed due dates that he set. At this point the Community Development Supervisor/City Planner stated for me to pursue a Ramsey County Court Citation for violation of Mounds View Municipal Code 1114.02 (Permitted Uses). 06/20/2018 —A case was opened by the MV Police Department for the business being operated as a warehouse in a zoned B-3 Highway Business. Refer to MV Police Report #MVPTL18005075. 06/22/2018 —1't Notice of Violation for case #CE18-199 was mailed on this date for long grass and weeds around the property. 06/25/2018 — Case CE#18-199 was abated on this date. 07/06/2018 —1't Notice of Violation for case #CE18-217 was mailed on this date for trash and debris throughout the grounds of the property. 07/06/2018 —1't Notice of Violation for case #CE18-216 was mailed on this date for long grass and weeds and outside tire storage. 07/06/2018 —1't Notice of Violation for case #CE18-218 was mailed on this date for multiple inoperable vehicles. 07/13/2018—Summary Abatement Notice mailed on this date for case #CE18-216 07/13/2018 —2 nd Notice of Violation for case #CE18-218 was mailed on this date. Page 3 of 3 07/18/2018 — Haythem Soussi contacted Community Development Supervisor/City Planner Jon Sevald, stating that Soussi did not think he is the right person to take to court, and that the building is in his Brother's and Mother's name; that there are small things to take care of and should not be brought to court. Soussi will call SBM to see if the fire inspection is fine, and that the store would be open Saturdays 9:00-3:00. He is trying to be compliant. 07/23/2018 — Case #CE18-217, #CE18-216 and #CE18-218 were abated on this date. 07/23/2018— Haythem Soussi emailed Fire Marshal Mike Mattson, Wing myself and Jon Sevald, regarding a fire inspection. Soussi states that the property owner is C&N Properties, not himself, and that he is "willing to do my part to make sure that this building stays compliant as long as I'm not held responsible for trying to help!" Soussi requests that the summons be removed, and that he talk with Fire Marshal Mattson prior to a final fire inspection to go over a few things before a walk-thru inspection. 08/22/2018 —111 Notice of Violation for case #CE18-338 was mailed on this date. 08/28/2018 — Case CE18-338 was abated on this date. 10/29/2018 —1't Notice of Violation for case #CE18-432 was mailed on this date. 10/30/2018 — MV Police investigated multiple vehicles stored on this property. Refer to MV Police Report #MVPTL18009252. 11/13/2018 — 2"n Notice of Violation for case #CE18-432 was mailed on this date. 12/03/2018 —1" Notice of Violation for case #CE18-445 was mailed on this date for trash/debris and failure to maintain plowing the parking lot. 12/03/2018 — 3`d Notice of Violation for case #CE18-432 was mailed on this date. 12/17/2018 — Summary Abatement Notice was mailed on this date for case #CE18-445. 01/02/2019 — Case #CE18-445 was abated on this date. 01/03/2019 —A Formal Letter and Administrative Offense #19-003 in the amount of $150.00 was issued and mailed on this date for case CE18-432. 02/13/2019 — A Formal Letter and Administrative Offense #19-005 in the amount of $300.00 was issued and mailed on this date for case RD2019-00001(Formerly case #CE18-432 from the prior code enforcement module ComCate) 02/21/2019 — Received returned mail for the Formal Letter (Case #RD2019-00001) and Administrative Offense (19-005) that was previously mailed on 02/13/2019. 03/15/2019—A Formal Letter and Administrative Offense #19-008 in the amount of $450.00 was issued and mailed on this date for case RD2019-00001. Jon Sevald From: haythem soussi <hsoussi2001 @yahoo.com> Sent: Friday, March 30, 2018 7:33 PM To: Jon Sevald Subject: Re: 2832 county Hywy 10 Moundsview We will not service Tires then. We will just sell auto accessories. We need to stock tires to sell them not sure what you mean by can't warehouse tires. It's inventory. Sent from my Whone On Mar 30, 2018, at 11:53 AM, Jon Sevald <on.sevald@,moundsviewmn.or > wrote: Haythem, Until the property is being operated as a retail use (Auto Accessory Store), it cannot be used for wa rehousing/sto rage. If servicing tires, this is "auto repair", which requires a Conditional Use Permit (CUP). Please clarify if this is the case. Thanks, Jon Sevald From: haythem soussi [mailto:hsoussi2001yahoo.com] Sent: Friday, March 30, 2018 9:54 AM To: Jon Sevald <ion.sevald@moundsviewmn.ora> Subject: Re: 2832 county Hywy 10 Moundsview Jon, It will take time & effort to hire another manager to run the business. We've already started this process & hopefully it will be sooner but we need 2 months to slowly get back to a normal retail function. Staffing is our biggest problem right now. Our plan is to start opening on Saturdays in a few weeks. You will notice progress by end of the month & maybe expand hours & days as staff & time allow. I've been there every day cleaning up for the past month. To comply with fire inspector. There are already tires up front on display. Just need warm bodies for work. We will be selling & servicing tires. Hope this answers your questions. Thanks, Haythem On Mar 30, 2018, at 9:28 AM, Jon Sevald <on.sevald cr,moundsviewmn.org> wrote: Haythem, We need more information before the City will postpone any enforcement action on the property. 1. Why wait to open the store by June 11% if you will display items for sale within a few weeks? 2. What days/hours will the store be open? 3. What will you be selling or servicing? Thanks, Jon Sevald City Planner/Supervisor From: haythem soussi [ma ilto:hsoussi2001@yahoo.com] Sent: Friday, March 30, 2018 9:12 AM To: Jacob Martin <]acob.martin@moundsviewmn.org> Subject: 2832 county Hywy 10 Moundsview March 30th 2018 Tires N' More 2832 County Hywy 10 Moundsview, Mn. 55112 To whom it may concern, This letter is to inform all necessary parties of our future intended use and compliance of the address listed above. 1. We intend to hire staff member to open store by June 1st 2018 2. We will post business hours on premise & "open" sign in a few weeks. 3. We will display items for sale in showroom in a few weeks. 4. Comply & cooperate with all city ordinances & officials including fire inspector, to keep premise & business safe and clean. Thank You for your current & future understanding and cooperation. Regards, C&N GROUP Sent from my iPhone RESOLUTION NO. 7984 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TIRE AND MINOR AUTO REPAIR STORE AT 2832 COUNTY ROAD 10; PLANNING CASE CU2012-001 WHEREAS, Naoufel Soussi with Tires N' More, has applied fora conditional use permit to operate a tire and minor auto repair store at 2832 County Road 10; and, WHEREAS, the subject property is zoned B-3, Highway Business, and is legally described as follows: Lot 1, Block 1, Velmeir CVS Addition, Ramsey County, Minnesota PIN 06-30-23-34-0086 and 06-30-23-34-0089 WHEREAS, the Mounds View Zoning Code conditionally allows minor auto repair and tire and battery stores and services in B-3 and higher zoning districts; and, WHEREAS, the Planning Commission and City Council have reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial Views 3. Comprehensive Plan Existing and Future Land Use Maps 4. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The proposed tire and minor auto repair store meets the requirements as outlined in Chapters 1114 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the tire and minor auto repair store use is consistent with the Community Commercial land use designations for this area. 3. The proposed tire and minor auto repair store would not be out of place given it is located on County Road 10, which is the main commercial corridor in the City. 4. The proposed tire and minor auto repair store is located on County Road 10, adjacent to several other commercial businesses, and should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists Resolution 7984 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council recommends approval of the conditional use permit for the tire and minor auto repair store, with conditions as follows: 1. The applicant must install a parking lot with the minimum required number of parking spaces and curbing. The parking lot construction may be done in phases, but must be completed by September 1, 2013. If required, a permit from Rice Creek Watershed District must be approved before the City will issue a permit for the parking lot construction. 2. The applicant must install a minimum six foot tall privacy fence along the west side of the property to provide screening for the adjacent residentially zoned properties. The privacy fence must be installed by September 1, 2013. 3. The applicant must receive a satisfactory inspection report and comply with all orders from the Mounds View Fire Marshal. 4. 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. NOW THEREFORE, BE IT FINALLY RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. Adopted this 271" day of August, 201/2. l dc�®rt�t,-& doe Flah ATTEST: James Ericson, City Administrator (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1095-19 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA 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. "I Conditional Uses include minor auto repair, tire and battery stores and service, with conditions2; 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, minor and tire battery stores and service) Resolution 1095-19 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 Minor Auto 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 1095-19 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 1095-19 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 1095-19 Page 5 of 5 Adopted this 17th day of April, 2019 Gary Stevenson, Chair ATTEST: Jon Sevald, Community Development Director (SEAL) PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 6, 2019 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 1. Call to Order The meeting was called to order by Vice Chair Rundle at 7:00 p.m. for March 6, 2019. 2. Roll Call Members Present: Commissioners Farmer, French, Klander, Morn, Nelson, and Rundle. Absent and Excused: Commissioner Stevenson. Also Present: Community Development Director Jon Sevald, Council Member Gary Meehlhause and Council Member Bill Bergeron. Index to Minutes Page Recommending Approval of an Amendment to a Development Review for 2 Central Sandblasting located at 2299 County Road H Approval of Minutes 3. Special Order of Business None. 4. Citizens Requests and Comments on Items Not on the Agenda None. 4 Mounds View Planning Commission Regular Meeting 5. Planning Cases March 6, 2019 Page 2 A. Resolution 1094-19, Recommending Approval of an Amendment to a Development Review for Central Sandblasting located at 2299 County Road H Community Development Director Sevald stated Central Sandblasting does sandblasting and painting of large metal structures. The subject property includes two buildings. A Development Review was approved in August 2018 to remove the east building, and add onto the west building. The applicant is requesting to amend the 2018 Development Review to allow a portion of the to -be -removed building to remain (80' x 80'). The area was planned for outside storage, but would now be used as inside storage. He stated there is no public hearing required for Development Reviews. Staff reviewed options for consideration including a resolution recommending approval, denial with findings of fact appropriate to support the denial, or table the application and request additional information. Matt Herbst, Central Sandblasting, introduced himself to the Commission. He commented on the changes he was proposing to the Site Plan and stated the remaining 80' x 80' building would be used for indoor storage. Commissioner Mom requested further information regarding the landscaping plan. Community Development Director Sevald reviewed the landscaping plan with the Commission noting the landscaping that would be included along County Road H2. He stated this landscaping would be installed this spring/summer. MOTION/SECOND: Commissioner Rundle/Commissioner Farmer. To approve Resolution 1094-19, a Resolution Recommending Approval of an Amendment to a Development Review for Central Sandblasting at 2299 County Road H; Planning Case No. DE2019-001. Ayes — 6 6. Other Planning Activity None. 7. Reports Nays- 0 A. Upcoming Planning Cases & Activity Motion carried. Community Development Director Sevald discussed upcoming planning cases. Mounds View Planning Commission Regular Meeting B. Staff Updates March 6, 2019 Page 3 Community Development Director Sevald provided the Commission with an update from staff. He noted staff was in the process of updating the City's Zoning Map. C. Council Updates Council Member Bergeron provided the Planning Commission with an update from the City Council. He commented on the items the Council reviewed at their worksession meeting, which included an infield development called Long Lake Woods and an update from the YMCA. Council Member Meehlhause discussed the revenue sharing adjustments being proposed by the YMCA. Council Member Bergeron noted the City's GIS system was also discussed. He discussed the City's plans to address Emerald Ash Borer on City property throughout Mounds View. He explained the City was looking into creating a Green Step Task Force. In addition, the Council would be further investigating its water treatment plant and wells. Commissioner Morin encouraged the City Council to reconsider the signage on the Mounds View Community Center. She stated currently the sign only reads Mounds View Event Center, which may be confusing for people looking for the YMCA. D. Planning Commissioner Reports Commissioner Klander requested an update from staff on Long Lake Woods. Community Development Director Sevald reported the developer was working with the neighbors to replat the 12 -lot subdivision. He indicated this project was still in the infancy stage. Council Member Bergeron reported the Council had advised the developer to negotiate with the property owners regarding the right-of-way acquisition. Commissioner Klander commented on the drainage pond that would be within the Long Lake Woods and stated he would like the City to further investigate this matter to see how much water could be stored on this property. Commissioner Morin questioned when the Comprehensive Plan would be ready for approval. Community Development Director Sevald explained this would be happening soon and noted the final document was on his desk for review. Commissioner Farmer asked when the Comprehensive Plan would be sent to neighboring communities for their review. Community Development Director Sevald stated ideally this would occur in May. Mounds View Planning Commission March 6, 2019 Regular Meeting Page 4 8. Approval of Minutes February 6, 2019. MOTION/SECOND: Commissioner Klander/Commissioner Monn. To approve the Minutes of the February 6, 2019 regular Planning Commission meetings as presented. Ayes — 6 Nays — 0 9. Next Planning Commission Meeting: A. Wednesday, March 20, 2019 B. Wednesday, April 3, 2019 10. Adjournment Motion carried. There being no further business before the Planning Commission, Vice Chair Rundle adjourned the meeting at 7:43 p.m. Respectfully submitted, Jon Sevald Community Development Director Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.