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HomeMy WebLinkAboutResolution 7340RESOLUTION 7340 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A PRELIMINARY PLAT AND AN AMENDMENT TO THE MERMAID PUD AGREEMENT TO ALLOW ADDITIONAL TYPES OF LAND USES AT 2200 COUNTY HIGHWAY 10; MOUNDS VIEW PLANNING CASES MA2008-001 AND PA2006-001 WHEREAS, Charlie and Dan Hall, representing the Mermaid, have requested approval of a preliminary plat for a major subdivision, and an amendment to the Mermaid PUD Agreement to allow additional land uses at 2200 County Highway 10, legally-described as follows: Units 1 and 2 and adjacent common element in Common Interest Community Plat of Common Interest Community Number 598, Mermaid Hotel and Entertainment Center Condominium, described as follows: That part of Lot 1, Block 1, MERMAID ADDITION, lying southerly and easterly of a line described as follows: Commencing at the most easterly corner of said Lot 1, thence North 34 degrees 38 minutes 17 seconds West, along the northeasterly line of said Lot 1, at a distance of 280.00 feet to the point of beginning; thence South 55 degrees 24 minutes 00 seconds West a distance of 123.00 feet; thence South 2 degrees 13 minutes 00 seconds East a distance of 345.80 feet to the southeasterly line of said Lot 1 and there terminating. WHEREAS, The above-described land is zoned PUD, Planned Unit Development and is designated as Regional Commercial on the Comprehensive Plan; and, WHEREAS, Charlie and Dan Hall have submitted a Preliminary Plat for a major subdivision which combines the 2 existing lots and creates 3 new lots; and, WHEREAS, the community development staff have reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the major subdivision is subject to a $13,969 park dedication fee; and, WHEREAS, the proposed subdivision is not within a designated wetland area; and, WHEREAS, the Mounds View City Council approved the Mermaid Planned Unit Development (PUD) Agreement on October 10, 2000; and, WHEREAS, the Mermaid PUD currently does not allow retail uses; and, esoluficarr 7Q ~'e ~ WHEREAS, the property located at 2200 County Highway 10 was approved by the City Council for bowling lanes, hotel, banquet center, night club and lounge and restaurant uses; and, WHEREAS, the property owners wish to amend the PUD Agreement by adding "retail" as an allowed use for the site in order to redevelop the proposed 1.4 acre Lot 2 into a retail center; and, WHEREAS, the Planning Commission reviewed this request on September 3, 2008 and October 1, 2008 and examined the potential adverse effects that could result from such an amendment, and recommended approval; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding these requests: 1. Staff Report 5. Aerial View 2. Preliminary Plat 9-25-08 6. Site Plan 3. Zoning Map 7. Parking Study 4. Comp Plan Future Land Use Map NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the Preliminary Plat date stamped September 25, 2008 as submitted by Charlie and Dan Hall subject to the following conditions: 1. The applicant shall satisfy all requirements made by the City Attorney as stated in the plat opinion. 2. The applicant shall pay a park dedication fee to the City of Mounds View in the amount of $13,969. 3. The applicant shall submit to the City in writing, their proposal for dealing with the TIF District and Minimum Assessment Agreement issues. Any changes to the TIF plan or the Minimum Assessment Agreement must be approved by the City. 4. The applicant shall either meet the fire code requirements in regards to no openings between buildings along common property lines, or sign a "Hold Harmless Agreement" that will be recorded as part of the property records with Ramsey County. 5. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following finding of fact for this PUD Amendment request: 1. The property in question, 2200 County Highway 10, described by the PUD Agreement as the "Mermaid" is zoned Planned Unit Development (PUD). Rcslu~ion 734U F'e 3 2. The Mermaid appears to have excess parking, and as such, the owners have requested an amendment to the PUD to allow for additional land uses to be allowed on the site in order to redevelop 1.4 acres of the property into a retail center. a. The new allowed uses shall include: Arcade and any permitted uses as Allowed in a B-1 or B-2 zoning district unless otherwise specified. A restaurant with adrive-through feature would be allowed only as part of a larger retail center. b. Prohibited uses shall include, but not be limited to: Motor fuel stations, Auto-related uses that include repair, auto sales or a car wash, and Tattoo, Body Piercing, Body Branding, or Body Scaring Establishments 3. The Mounds View Comprehensive Plan Future Land Use Map designates this area as a Regional Commercial Planned Unit Development. 4. The property at 2200 County Highway 10 is within the City's primary commercial corridor and as such, redevelopment and new businesses are desirable. 5. The property is at the corner of County Highway 10 and County Road H, one of the main commercial corners in the city. The construction of a new retail center would have no depreciatory affects upon the surrounding area, and would be consistent with the character of the area. 6. Any new development on the site must apply to the City for a development review. 7. There do not appear to be any adverse effects associated with this proposed amendment. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves the Planned Unit Development Amendment subject to the following conditions: 1. The applicant must record the amended PUD Agreement with Ramsey County. 2. The applicant must amend and record with Ramsey County, the agreements for shared- access and parking across all three parcels. 3. In any case where the City or property owner determines there is a parking shortage on this site, the City will revisit the parking requirements and may require that the Mermaid's lease agreement with Metro Transit for a Park & Ride location be discontinued. fi'esc~lutit~r7 7340 Page 4 Adopted this 13th day of October, 2008. f -., ~ Rob arty, Mayor ATTEST: ~a~ti ~- James Ericson, Clerk-Administrator (SE~i_) ;;