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HomeMy WebLinkAboutAgenda Packets - 2024/04/17 CITY OF MOUNDS VIEW PLANNING COMMISSION AGENDA MOUNDS VIEW CITY HALL Wednesday, April 17, 2024 6:00 P.M. 1. CALL TO ORDER 2. ROLL CALL: Chair Farmer, Vice-Chair Munson, Urlacher, Curtis, Nelson, Stevenson, Rundle 3. APPROVAL OF AGENDA 4. CONSENT AGENDA A. Approval of Minutes: February 7, 2024 5. SPECIAL ORDER OF BUSINESS A. (none) 6. PUBLIC COMMENT Citizens may speak to issues relating to Planning and Zoning not on the agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. PLANNING BUSINESS A. Resolution 1169-24, Amending the Planning & Zoning Commission Bylaws B. Resolution 1169-25, Amending the Conditional Use Permit for 2375 Mounds View Blvd. 8. REPORTS A. Reports of Staff B. Reports of Council C. Reports of Planning Commissioners 9. NEXT PLANNING COMMISSION MEETINGS: A. Wednesday, May 1, 2024 at 6:00 p.m. As-Needed B. Wednesday, May 15, 2024 at 6:00 p.m. As-Needed 10. ADJOURNMENT THIS PAGE LEFT BLANK INTENTIONALLY PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 7, 2024 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Farmer at 6:00 p.m. for February 7, 2024. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Curtis, Farmer, Munson, Nelson (arrived at 6:24 p.m.), Rundle, Stevenson and Urlacher. Absent and Excused: None. Also Present: Assistant City Administrator Brian Beeman and Council Member Gary Meehlhause. ______________________________________________________________________________ 3. Approval of Agenda MOTION/SECOND: Commissioner Stevenson/Commissioner Rundle. To approve the agenda as presented. Ayes – 6 Nays – 0 Motion carried. 4. Consent Agenda A. Approval of Minutes: January 3, 2024 Commissioner Stevenson requested a change to the minutes on Page 2 eliminating the repetitive Commission/Commission within the motion for Vice Chair. MOTION/SECOND: Commissioner Munson/Commissioner Curtis. To approve the Minutes of the January 3, 2024 regular Planning Commission meetings as amended. Ayes – 6 Nays – 0 Motion carried. Mounds View Planning Commission February 7, 2024 Regular Meeting Page 2 ________________________________________________________________________ 5. Special Order of Business None. 6. Public Comment None. ______________________________________________________________________________ 7. Planning Cases A. Review Planning and Zoning Commission Bylaws Assistant City Administrator Beeman stated the Mounds View Planning and Zoning Commission Bylaws require the Commission to review its Bylaws at its first regular meeting in February annually. The Planning Commission Bylaws were last amended January 18, 2023. The Planning Commission should review the most current Bylaws and have a discussion if needed. Staff recommends the Planning Commission review and discuss any changes. If any changes are recommended, a resolution will be prepared for the Commission’s consideration at the next regularly scheduled meeting. It was noted staff was not recommending any changes at this time. Commissioner Munson recommended the staff name and chair listed within the bylaws be changed. Commissioner Curtis noted the City does not currently have a Community Development Director and suggested all references to a Community Development Director be changed to staff liaison. MOTION/SECOND: Commissioner Munson/Commissioner Stevenson. To table action on this item to the next Planning Commission meeting. Ayes – 6 Nays – 0 Motion carried. 8. Reports A. Reports of Staff Assistant City Administrator Beeman discussed upcoming planning cases with the Commission. He noted staff was working on a variance request and this would be brought to the Commission for consideration once all necessary fees have been paid to the City. Mounds View Planning Commission February 7, 2024 Regular Meeting Page 3 ________________________________________________________________________ B. Reports of Council Council Member Meehlhause provided the Planning Commission with an update from the City Council. He explained the Council approved the formation of an Options Committee related to organized trash collection and noted the group has met three times. He stated the Council approved a mediation agreement for Water Treatment Plant 2. He indicated the Council approved a development agreement for the Long Lake Woods single family development. He commented on how the City would be pursuing a parks master plan. He commented on how the Council was looking to increase the Mounds View Matters publication from eight pages to twelve pages. He further discussed the I&I grant the City received and how these funds would be available for Mounds View residents. Lastly, he noted the City Council has an open seat and the filing period would go through Tuesday, February 13. C. Reports of Planning Commissioners None. 9. Next Planning Commission Meeting: A. Wednesday, February 21, 2024 at 6:00 p.m. B. Wednesday, March 6, 2024 at 6:00 p.m. C. Monday, April 1, 2024 at 6:00 p.m. – Joint Meeting with City Council ______________________________________________________________________________ 10. Adjournment There being no further business before the Planning Commission, Chair Farmer adjourned the meeting at 6:29 p.m. ______________________________________________________________________________ Respectfully submitted, Brian Beeman Assistant City Administrator Transcribed by: Heidi Guenther Minute Maker Secretarial THIS PAGE LEFT BLANK INTENTIONALLY The Mounds View Vision A Thriving Desirable Community Item No: 07A Meeting Date: April 17, 2024 Type of Business: Planning Business Planning Case: (N/A) City of Mounds View Staff Report To: Planning Commission From: Brian Beeman, Assistant City Administrator Item Title/Subject: Approving Resolution 1169-24, A Resolution Amending the Planning and Zoning Commission Bylaws Introduction: The Mounds View Planning and Zoning Commission Bylaws require the Commission to review its Bylaws at its first regular meeting in February annually. The Commission reviewed its Bylaws at its 02-07-24 regular meeting and determined that an amendment is necessary in order to clarify and make consistent throughout the Bylaws the phrase, “Community Development Director” and his or her designee, to the “City Administrator” and his or her designee. Discussion: The Planning Commission Bylaws were last amended January 18, 2023. The Planning Commission has determined that a change is necessary in order to clarify and ensure consistency throughout the Bylaws. Resolution 1169-24 and the proposed tracked changes to the Bylaws is attached. Strategic Plan Strategy/Goal: N/A Recommendation: Staff recommends the Planning Commission review and consider approving Resolution 1169-24 by motion. Respectfully, _________________________ Brian Beeman, MPA, CMA Assistant City Administrator Attachment(s): 1) Resolution 1169-24, Amending the Planning and Zoning Commission Bylaws MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1169-24 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING THE PLANNING AND ZONING COMMISSION BYLAWS WHEREAS, City Code 33.001 Establishes a Planning and Zoning Commission to be the city planning agency, as authorized by the state statutes and the City Charter; and, WHEREAS, City Code 33.006(F) states that the Commission shall adopt bylaws for its governance and for the transaction of its business. The Bylaws were most recently amended in 2023, and are reviewed annually by the Commission; and, WHEREAS, the Commission reviewed the Bylaws at its February 7, 2024 regular meeting and determined it necessary to clarify the phrase, Community Development Director, or his or her designee to the City Administrator, or his or her designee throughout the Bylaws; NOW THEREFORE, BE IT RESOLVED, that the Mounds View Planning and Zoning Commission amends the Planning and Zoning Commission Bylaws, updating the phrase, Community Development Director, or his or her designee to the City Administrator, or is or her designee (Exhibit A). Adopted this 17th day of April, 2024 Dennis Farmer, Chair Attest Brian Beeman, Assistant City Administrator Seal EXHIBIT A CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised April 17, 2024) I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 33.006(F) “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 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 33.002 and 33.003. 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 City Administrator, 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 Chair shall have the authority to redirect public comment unrelated to the Commission’s business to the most appropriate City commission or to the City Council. 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. 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 City Administrator, or designated staff liaison, yet must be approved by a majority vote of the Commission. 3. Emergency Special Meetings. Emergency special meetings can be called via written notice to the City Administrator, or designated staff liaison, by the Chairperson or two Commission members, or by the City Administrator, or designated staff liaison. (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 City Administrator, or designated staff liaison, 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. 4. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or City Administrator, or designated staff liaison, 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 and/or other means of communications, 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 City Administrator, 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 13D.01). 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 Community Development Department which may be reviewed from time to time as needed. VII. 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. VIII. 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 33.007. IX. 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 City Administrator, or designated staff liaison upon the member’s resignation or termination of appointment. X. 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 absent from three consecutive regularly scheduled meetings or more than six regularly scheduled 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 33.033(A). 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 may include communications with project applicants, supporters and opponents. 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 communication and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. The intent is for Planning Commissioners to make their decisions based on the same information provided to all Planning Commissioners. Planning Commissioners should avoid expressing any opinion as to the merits of the case outside of Commission meetings. When ex parte contacts occur, the Planning Commissioner is responsible for notifying appropriate City staff and for conveying the substance of any ex parte communication to other Commission members at the next commission meeting at which the matter discussed is under consideration. ___________________________ Dennis Farmer, Chairperson ATTEST: ___________________________ Brian Beeman, Assistant City Administrator Revision History: April 17, 2024 January 18, 2023 February 5, 2020 April 5, 2017 March 16, 2016 January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990 EXHIBIT A CITY OF MOUNDS VIEW PLANNING AND ZONING COMMISSION BYLAWS (Revised April 17January 21, 2024) I. AUTHORITY: The Bylaws of the Mounds View Planning and Zoning Commission (Bylaws) are established in accordance with the Mounds View Municipal Code Section 33.006(F) “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 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 33.002 and 33.003. 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 City Administrator, or his or her designee, shall act as the recording secretary for the Commission for purpose of preparing meeting minutes. 2 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 Chair shall have the authority to redirect public comment unrelated to the Commission’s business to the most appropriate City commission or to the City Council. 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. 3 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. 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 City Administrator, or designated staff liaison, yet must be approved by a majority vote of the Commission. 3. Emergency Special Meetings. Emergency special meetings can be called via written notice to the City Administrator, or designated staff liaison, by the Chairperson or two Commission members, or by the City Administrator, or designated staff liaison. (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 City Administrator, or designated staff liaison, 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. 4 4. Cancellation of Meetings: Regular or special meetings may be canceled by the chairperson or City Administrator, or designated staff liaison, 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 and/or other means of communications, 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 DirectorCity Administrator, 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 13D.01). 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 Community Development Department which may be reviewed from time to time as needed. VII. INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report, plans and additional information, as appropriate, for each item placed on the agenda 5 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. VIII. 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 33.007. IX. 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 City Administrator, or designated staff liaison upon the member’s resignation or termination of appointment. X. 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 absent from three consecutive regularly scheduled meetings or more than six regularly scheduled 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 33.033(A). 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. 6 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 may include communications with project applicants, supporters and opponents. 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 communication and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. The intent is for Planning Commissioners to make their decisions based on the same information provided to all Planning Commissioners. Planning Commissioners should avoid expressing any opinion as to the merits of the case outside of Commission meetings. When ex parte contacts occur, the Planning Commissioner is responsible for notifying appropriate City staff and for conveying the substance of any ex parte communication to other Commission members at the next commission meeting at which the matter discussed is under consideration. ___________________________ Dennis Farmer, Chairperson ATTEST: ___________________________ Brian Beeman, Assistant City Administrator Revision History: April 17,January 21, 2024 January 18, 2023 February 5, 2020 April 5, 2017 March 16, 2016 January 24, 2007 September 1, 2004 February 21, 2001 February 2, 2000 March 5, 1997 February 3, 1993 October 1990 Item No: 07B Meeting Date: April 17, 2024 Type of Business: Planning Business Planning Case: CM2024-0001 City of Mounds View Staff Report To: Mounds View Planning Commission From: Phil Carlson, AICP, Stantec, City Planner Item Title/Subject: Bear Lot CUP Address: 2375 Mounds View Boulevard PID: 083023310076 Zoning: B-3 Highway Business Owner: Herod Real Estate LLC, Richard Herod III Applicant: Melanie Emery, The Ewing Group, LLC Request: Conditional Use Permit Amendment (auto body repair and painting) Introduction: The Bear Lot at 2375 Mounds View Blvd has operated an auto dealership and repair shop for many years, selling cars, trucks, motorcycles, and RVs. The property operates under a conditional use permit (CUP) originally issued in 1992 and amended several times since. The business and property is to be sold and the owners are requesting an amendment to the CUP to allow auto body repair and painting, which are not permitted now under the CUP. Background: The Bear Lot at 2375 Mounds View Blvd was originally a Saturn dealership with a CUP approved in 1992 by Resolution 4195. The CUP was amended in 1994, 1996, and 2010, allowing among things, added parking stalls; expansion of the building; adding a car wash, landscaping, signage, and lighting; and finally in 2010 removing the requirement for a new car license on the property. A condition of the 1996 amendment remains in effect: “[V]ehicle repair, servicing and maintenance are permitted on this site, excluding body work and painting.” Planning Commission Staff Report 4/16/2024 – Conditional Use Permit Amendment (auto body repair and painting), 2375 Mounds View Boulevard Page 2 The Mounds View Vision A Thriving Desirable Community The owners want to remove that condition so that a full complement of repair work can be done on site, including body work and painting. In the background material for this request is my opinion via email to the applicant that “auto repair” in the Mounds View Zoning Code does not distinguish between various kinds of auto repair and auto body work – body work is part of “auto repair”. If body work is done, it follows logically that auto painting is part of that work and should be allowed as well, since that body work usually needs to be repainted. There is no detailed background on why the previous condition imposed by the City Council prevented auto body work and painting. But the condition may be reasonable, given the differences in potential impacts between minor repair work and major body work and painting, notable noise and odors. If these can be addressed, amending the CUP to remove that condition as requested may be reasonable. There are no exterior changes to the site or building with this CUP amendment request at this time. If there are significant changes to the site or building, those will be reviewed with another CUP amendment. Very minor changes can be approved administratively by staff. CUP Factors Section 160.450(E) lists the standards the Planning Commission is to consider in assessing possible impacts of a conditional use permit: Adverse effects. The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors: (1) Relationship to Municipal Comprehensive Plan; (2) The geographical area involved; (3) Whether the use will tend to or actually depreciate the area in which it is proposed; (4) The character of the surrounding area; and (5) The demonstrated need for the use. The proposed CUP amendment to allow auto body work and painting will not significantly impact any of these five standards. Planning Commission Staff Report 4/16/2024 – Conditional Use Permit Amendment (auto body repair and painting), 2375 Mounds View Boulevard Page 3 The Mounds View Vision A Thriving Desirable Community Recommendation: City staff recommends that the City of Mounds View Planning Commission recommend approval of the amendment to the conditional use permit for the property at 2375 Mounds View Boulevard as submitted by the applicant dated February 26, 2024, with the following conditions and findings of fact: Conditions for Approval 1) All previously approved conditions in the Conditional Use Permit for 2375 Mounds View Boulevard remain in effect unless specifically modified by this approved amendment. 2) The previous condition involving auto body work and auto painting is removed; auto body work and auto painting are allowed as conditioned here. 3) All repair, body work, and painting will be done within the enclosed building with the doors closed. 4) Noise and odors will be kept to the minimum possible and in keeping State and local standards. Painting will be done in accordance with applicable State and local standards to prevent odors and overspray from leaving the building. 5) All hazardous and flammable materials will be handled in strict accordance with State and local standards. 6) Visibly damaged vehicles will be kept within the enclosed building or screened completely from surrounding properties and public streets. 7) All standards for auto repair uses and motor vehicle and recreation equipment sales uses in Section 160.198 of the Mounds View Zoning Code will be followed. Findings of Fact for Approval 1) Herod Real Estate LLC owns the property at 2375 Mounds View Boulevard. The site has been used for sale of new and used vehicles and vehicle repair for many years. 2) The property and business operate under a conditional use permit first approved in 1992 and amended in 1994, 1996, and 2010. One of the current conditions stipulates that “[V]ehicle repair, servicing and maintenance are permitted on this site, excluding body work and painting.” 3) The owner has requested an amendment to the conditional use permit to remove the above condition so that auto body work and auto painting are allowed on site. 4) Allowing auto body work and auto painting in conjunction with auto sales and service is reasonable if there are safeguards to insure that noise and odors from those activities are kept to reasonable levels meeting State and local standards, and if visibly damaged Planning Commission Staff Report 4/16/2024 – Conditional Use Permit Amendment (auto body repair and painting), 2375 Mounds View Boulevard Page 4 The Mounds View Vision A Thriving Desirable Community vehicles are kept within a building or screened from surrounding properties and public streets. 5) The requested amendment meets the standards for approval of a conditional use permit in Section 168.450(E) of the Mounds View Zoning Code. Denial If the Planning Commission wishes to deny the request, they need to prepare findings that would articulate the reasons for denial. 60-Day Deadline The application was received on February 26, 2024. The deadline for final action by the City Council per State statute 15.99 was April 27, 2024. The deadline has been extended an additional 60 days, as allowed by the statute to give the City more time to review the request, to June 26, 2024. Staff requests the Planning Commission approve Resolution 1169-25, by a motion. Respectfully submitted, ______________________ Phil Carlson, AICP Interim City Planner Attachment(s): 1) Application 2) Resolution RESOLUTION 1169-25 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CONDITONAL USE PERMIT FOR THE PROPERTY AT 2375 MOUNDS VIEW BOULEVARD TO ALLOW AUTO BODY WORK AND AUTO PAINTING; MOUNDS VIEW PLANNING CASE CM2024-0001 WHEREAS, the Mounds View City Council approved a conditional use permit (CUP) for the property at 2375 Mounds View Boulevard in 1992 and amended it in 1994, 1996, and 2010 for an automobile dealership and repair business; and, WHEREAS, the parcel at 2375 Mounds View Boulevard is legally described as: Section 8, T30 R23 part of SW ¼ NELY of Hwy (subject to rds) in Section 8 T30 R23 PID 083023310076; and, WHEREAS, the applicant and property owner wish to amend the CUP to allow auto body work and auto painting on site; and, WHEREAS, the Mounds View Planning Commission has reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this request: Findings of Fact for Approval 1) Herod Real Estate LLC owns the property at 2375 Mounds View Boulevard. The site has been used for sale of new and used vehicles and vehicle repair for many years. 2) The property and business operate under a conditional use permit first approved in 1992 and amended in 1994, 1996, and 2010. One of the current conditions stipulates that “[V]ehicle repair, servicing and maintenance are permitted on this site, excluding body work and painting.” 3) The owner has requested an amendment to the conditional use permit to remove the above condition so that auto body work and auto painting are allowed on site. 4) Allowing auto body work and auto painting in conjunction with auto sales and service is reasonable if there are safeguards to insure that noise and odors from those activities are kept to reasonable levels meeting State and local standards, and if visibly damaged vehicles are kept within a building or screened from surrounding properties and public streets. 5) The requested amendment meets the standards for approval of a conditional use permit in Section 168.450(E) of the Mounds View Zoning Code. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above findings of fact, does hereby recommend that the City Council approve an amendment to the conditional use permit at 2375 Mounds View Boulevard with the following conditions: Conditions for Approval 1) All previously approved conditions in the Conditional Use Permit for 2375 Mounds View Boulevard remain in effect unless specifically modified by this approved amendment. 2) The previous condition involving auto body work and auto painting is removed; auto body work and auto painting are allowed as conditioned here. 3) All repair, body work, and painting will be done within the enclosed building with the doors closed. 4) Noise and odors will be kept to the minimum possible and in keeping State and local standards. Painting will be done in accordance with applicable State and local standards to prevent odors and overspray from leaving the building. 5) All hazardous and flammable materials will be handled in strict accordance with State and local standards. 6) Visibly damaged vehicles will be kept within the enclosed building or screened completely from surrounding properties and public streets. 7) All standards for auto repair uses and motor vehicle and recreation equipment sales uses in Section 160.198 of the Mounds View Zoning Code will be followed. Adopted this 17th day of April, 2024. ___________________________________________ Dennis Farmer, Planning Commission Chair ATTEST: ___________________________________________ Brian Beeman, Assistant City Administrator (SEAL)