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HomeMy WebLinkAbout06-10-2004 Planning Commission Meeting Packet• Estimated Times 6:00 p.m. 7:00 I. Call to Order: II. Approval of Agenda: III. Approve Minutes: A. May 13, 2004 (1) Adjournment CITY OF OAK PARK HEIGHTS PLANNING COMMISSION Thursday, June 10, 2004 Commissioner Applicant Interviews Regular Commission Meeting N. Department /Commission Liaison / Other Reports: A. Commission Liaison: B. St. Croix Crossing Update: C. Other: 7:15 V. Visitors /Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: A. Larry Phillips — 5272 Stagecoach Trail, N.: To consider request for zoning district amendment of variance from city ordinance 401.15.A.7 — Destroyed Non - conforming Use, allowing reconstruction of single family dwelling within an I, Industrial use zoning district. (2) B. Doom & Thorbus Automotive Consultants: To consider request for conditional use permit allowing outdoor sales and storage of used automobiles at 14389 59 St. N. (3) VII. New Business: A. Recommend Commissioner Appointment VIII. Old Business: A. Re- establish Council Representation Schedule (4) IX. Informational: A. Next Meeting: July 8, 2004 — Regular Meeting @ 7:00 p.m. B. Council Representative: June — Commissioner Liljegren July — Vice Chair Runk • • Memo To: Planning Commission From: Julie A. Hultman, Community Development Date: June 4, 2004 Re: Commission Applicant Interviews — June 10, 2004 — 6:00 p.m. We have received two applications for the vacancy created on the Commission by former Commissioner Powell's term expiration. I have contacted both applicants and scheduled their interview on June 10 as follows: 6:00 p.m. Wally Abrahamson 6:30 p.m. Warren W as es cha Attached to this memo, you will find their applications. Interviews shall be held in the front conference room. Both applicants have been provided a copy of the June Planning Commission meeting packet It is my understanding that you will interview the applicants as a collective. City Administrator, F.ric Johnson and City Council Commission Liaison McComber will join you for the interview process. If anyone is unable to attend the interview session, please call or e -mail me prior to 4:30 p.m. on the 10 of June. City of Oak Park Heights ENCLOSURE 1 • 1 Call To Order: Chair Dwyer called the meeting to order at 7:00 p.m. Present: Vice Chair Runk, Commissioners Liljegren, Oswald and Powell. City Administrator Johnson, City Planner Richards and Commission Liaison McComber. Approval of Agenda: Chair Dwyer, seconded by Commissioner Oswald, moved to approve the Agenda as presented. Carried 5 -0. Approve Minutes: Commissioner Powell, seconded by Commissioner Liljegren, moved to approve the Minutes of April 8, 2004 as presented. Carried 5 -0. Department /Commission Liaison Reports /Other Reports: A. Commission Liaison: B. St. Croix Crossing Update Commission Liaison McComber reported that there is a St. stakeholders meeting scheduled from 9:00 a.m. to 4:30 p.m. on June 22, 2004 at Stillwater City Hall. There will also be two public hearings on the St. Croix River Crossing Design Alternatives — Wisconsin: June 15, 2004 at 5 p.m. at the Hudson Sr. High School and Minnesota: June 21, 2004 at 5 p.m. at the Stillwater Junior High School. C. Other: • Visitors /Public Comment: There were no visitors to the meeting other than those present for items upon the published Agenda. Public Hearings: CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, May 13, 2004 A. DDD, LLC C.U.P. Amendment — Bldg. #2: To consider a request for conditional use permit amendment allowing auto use within the B -3, Highway /Business Warehouse District for Stillwater Auto Clinic at 12430 55th St. N. City Planner Richards reviewed the May 6, 2004 planning report regarding the request, noting that the business has been in operation since the Fall of 2003. Richards provided an issue analysis and recommended conditions for approval, should the Commission wish to recommend approval of the request. Chair Dwyer opened the hearing for comment. John Kern — 5469 Stillwater Blvd. N. expressed that he had no opposition to the request at hand but prefers to not see a large amount of retail at the area. Mr. Kern would also like to see more trees and shrubbery at the area in general. Steve Continenza- Stillwater Auto Clinic introduced himself and at the request of Chair Dwyer explained that it was largely do to miscommunication during the original approval process that the business use arose. Mr. Continenza stated that he would look into the requirements of Washington County relative the Hazardous Generator license and will acquire one if it is deemed necessary. He addressed several questions as to the buildings floor drains and the nature of his automotive diagnostic business. Planning Commission Minutes May 13, 2004 Page 2 of 4 Chair Dwyer, seconded by Commissioner Oswald, moved to close the public hearing. Carried 5 -0. Chair Dwyer, seconded by Commissioner Powell, moved to recommend City Council approval subject to the May 6, 2004 Planning Report conditions as amended: 1. All automotive repair activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 2. There shall be no exterior storage of automobile parts, parked cars, or related items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 3. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 4. The applicant shall receive and retain, if required, a Hazardous Generators License from Washington County for the Stillwater Auto Clinic operation. 5. All proposed signage shall be in compliance with Section 401.15.G of the Zoning Ordinance. Carried 5 -0. B. Xcel Energy -A.S. King Plant C.U.P.: To consider requests for conditional use permit for temporary building placement at A.S. King Plant to be used as administrative offices during plant rehabilitation project and amending the I District to allow temporary office and administrative structures. City Planner Richards reviewed the May 7, 2004 planning report as to the request as it relates to the ongoing rehabilitation project at the A.S. King Plant. Richards provided an issue analysis and recommended conditions for approval, should the Commission wish to recommend approval of the request. Chair Dwyer opened the hearing for comment. Darrell Knutson, Project Manager — Xcel Energy: A.S. King Plant introduced himself and stated for the record that they are in agreement with all of the items within the planning report and that they will add the two requested parking spaces. He stated that trash hauling for the interim offices would be managed with the rest of the plants trash hauling. Mr. Knutson made himself available for questions. At Chair Dwyers request, Mr. Knutson provided a summary of the alterations to the plan that will rehabilitate it for metro emissions reduction, extend the plants life and bring it into new compliance with environmental standards. He discussed time elements involved with the ground work and noted that actual transfer to the new equipment would occur during 2006/2007 at which time the A.S. Ding plant will be shut down for an approximate period of six months. • • • • Planning Commission Minutes May 13, 2004 Page 3 of 4 Commissioner Oswald, seconded by Commissioner Liljegren, moved to close the public hearing. Carried 5 -0. Brief discussion ensued between the Commission and Xcel Energy representatives as to land elevation p fillip of the and as well as the need for a fill permit, time framing of approvals and g comment periods. It was noted that the contract for filling the pond includes a requirementfor obtaining the fill permit and that Xcel was scheduled to meet with Molly Shodeen with the Department of Natural Resources on Monday, May 17, 2004. Mr. Knutson stated that they would be happy to furnish the City with any comments received from that meeting. Chair Dwyer, seconded by Commissioner Powell, moved to recommend City Council approval, subject to the May 7, 2004 Planning Report conditions as amended: 1. The Zoning Ordinance be amended to allow temporary office and administrative structures as an interim use in Section 401.32.C. 2. The administrative office trailer complex shall be removed from the A.S. King plant property on or before July 1, 2009. The site shall be returned to a usable condition, subject to review and approval of the Building Official once the trailers have been removed. 3. The site plan shall be revised to include at least 32 parking spaces, subject to review and approval of City staff. Parking shall be allowed on a gravel surface. 4. The freestanding lighting shall be designed so as to be no more than a total of 25 feet in height. All building wall packs shall be full cut off fixtures. 5. The applicant shall provide plans for trash handling. 6. All grading and drainage plans and utility connections shall be subject to review and approval of the City Engineer. 7. No Design Guidelines review shall be required for this structure. 8. The plans and hydrant locations shall be subject to review and approval of the City Building Official and Fire Marshal. 9. The plans shall be subject to review and approval of the Department of Natural Resources and any other applicable regulatory agency. 10. All City permits required for fill shall be obtained as per City ordinances prior to building permit issuance. Carried 5 -0. New Business: A. Schedule Date and Time for Planning Commissioner Interviews: Two applications have been received. Commissioner Powell will not be on board in June. Chair Dwyer stated that he felt the vacancy should be filled as soon as possible. Brief discussion ensued as to the matter. Old Business: Vice Chair Runk, seconded by Chair Dwyer, moved that applications for the vacancy be accepted through June 3, 2004 with interviews scheduled at 6:00 p.m., or earlier if the number of applicants necessitate more time, prior to the regular June 10, 2004 Planning Commission meeting. Carried 5 -0. B. Re- establish Council Representation Schedule: Vice Chair Runk has opted to switch from August to July as Commission Representative to the City Council. The schedule will be revisited at the June 10, 2004 Planning Commission meeting. Chair Dwyer addressed the departure of outgoing Commissioner Powell and thanked him for his work and stated that it has been great having him on the Commission and telling him that he will be missed. Informational: A. Government Training Services — Educational Opportunities: Commission Liaison McComber noted the offerings of GTS, informing the Commission that she has found those she has attended to be very beneficial and encouraged them to consider attending. B. Next Meeting: June 10, 2004 : 6:00 p.m. Commissioner Interviews 7:00 p.m. — Regular Meeting C. Council Representative: May — Chair Dwyer June — Commissioner Liljegren Adjournment: Respectfully submitted, cHwthy,a,3 Julie A. Hultman Community Development Approved by the Planning Commission: Planning Commission Minutes May 13, 2004 Page 4 of 4 Commissioner Powell, seconded by Commissioner Liljegren, moved to adjourn at 7:37 p.m. Carried 5 -0. • • • BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9535 Facsimile: 952.595.9837 pianners@nacplanning.com ing.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 3, 2004 RE: Oak Park Heights — Larry Phillips Property: 5272 Stagecoach Trail North FILE NO: 798.07 — 04.01 ENCLOSURE 2 • Larry Phillips of 5272 Stagecoach Trail North has requested a rezoning of his property from 1, Industrial to R -1, Single Family Residential District. Mr. Phillips has owned the property since January of 1988. On December 17, 2003, his home was damaged by fire and is now unlivable. Mr. Phillips has requested a rezoning from 1 to R -1 to allow a new home to be constructed on the property. City maps dating to 1980 indicate that the property has been zoned 1, Industrial, at least since that time. The single family use and residential building are non - conforming under Section 401.15.A of the Zoning Ordinance. The City Building Official has determined that the structure is destroyed more than 50 percent of its fair market value, thus not allowing it to be rebuilt under the non - conformity provisions. City staff has suggested three options for the Planning Commission /City Council to review if it is determined that the residential use of this property should continue: 1. Rezone the property to R -1 as requested by Mr. Phillips. 2. Rezone the property to 0, Open Space Conservation and grant a variance from the lot size requirements. 3, Leave the property zoned 1 and grant a variance from Section 401.15.A.7 (acknowledging the structure is destroyed more than 50 percent of its fair market value). Each of the three options will be reviewed herein. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Aerial Photographs and Lot Lines Project Narrative Letter from Jim Butler to Larry Phillips, March 31, 2004 Letter from Larry Phillips to Mayor David Beaudet, April 27, 2004 ISSUES ANALYSIS Comprehensive Plan. The Phillips property is designated on the Comprehensive Plan as Highway Business/Warehouse. The area directly to the north is also designated under that category. The prison to be west is designated as Government Facilities. A change in zoning to R -1 or 0 would also necessitate a Comprehensive Plan change. Zoning Map. Zoning maps on file in the NAC Inc. office indicated that the property has been zoned 1, Industrial since at least 1980. The 1, Industrial District does not allow single family residences as a permitted, conditional, or accessory use. Issues /Analysis Options. The following three options could be considered for Mr. Phillips if there is interest in allowing Mr. Phillips to rebuild a home on the property. 1. Rezone the property to R -1 as requested by Mr. Phillips. The surrounding zoning districts are 0, Open Space Conservation and 1, Industrial. Rezoning this property to R -1, Single Family Residential District would be spot zoning. Mark Vierling, the City Attorney, has indicated that this is not an option the City can take for this property. Spot zoning is not a legal option that can be pursued. 2. Rezone the property to 0, Open Space Conservation and grant a variance from the lot size requirements. There is an adjoining 0, Open Space Conservation District immediately to the west and south of this property. The 0 District allows single family dwellings as a permitted use with a minimum lot area of five acres and a lot width of 200 feet. The lot is approximately 1.29 acres in size and has a width of 165 feet. in that it is a legal lot of record, the lot width is conforming to the 0 District requirements. A variance would need to be granted to allow for construction on a parcel Tess than five acres in size. If the City rezones the property 0 District and grants a variance, the property would also need to conform to 0 District setback requirements. A 50 foot front yard, 30 foot side yard, and 50 foot rear yard would be required. The existing house currently meets those setbacks. 2 • • • In considering a variance from the lot size, the City must consider the following: A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. A case could be made for hardship in that this is an existing lot of record, it has existed as a single family lot/property long before the introduction of zoning, and there are few uses that the property could be used for with the existing 1 District zoning. Additionally, the fire has created a special condition or circumstance for the property owner that would be addressed by a variance. 3. Leave the property zoned 1 and grant a variance from Section 401.15.A.7 (acknowledging the structure is destroyed more than 50 percent of its fair market value). The non - conformity section of the Zoning Ordinance allows for limited flexibility for properties that are destroyed by fire or act of God. Section 401.15.A.7 allows the following: Destroyed Non - Conforming Use. If at any time a non - conforming building, structure or use shall be destroyed to the extent of more than fifty (50) percent of its fair market value, said value to be determined by the City, then without further action by the City Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty (50) percent of its value may be restored to its former extent if it is reconstructed within twelve (12) months after the date of said damage. Estimate of the extent of damage or destruction shall be made by the Building Official. This property was destroyed by more than 50 percent, in the opinion of the Building Official, as outlined in his March 31, 2004 letter to Mr. Phillips. Additionally, Mr. Phillips will not build the same structure as what existed on the property. He is working with an architect to design a new structure and foundation. A variance could be granted to allow for a new structure to be built on the property in variance from the provisions of Section 401.15.A.7. The same criteria for granting a variance (as listed above) from this provision must be reviewed. The hardship for granting this variance would be that the property has existed as a single family property before the implementation of zoning in Oak Park Heights and that the variance is required because of a fire and not from action of the applicant. Sewer and Water. The property is served by a private well and septic system. If the City allows for the house to be rebuilt, Mr. Phillips will need to demonstrate that the well is safe and that the septic system will work for the property. Well tests and certification that the septic system is working or plans for a new septic on the property will be required before a building permit can be issued. In the alternative, the property could be served by City water but a lift station or force main would be required to provide sanitary sewer service. FloodplainlWatershed District. Construction of any new structure on the property will need to comply with all floodplain regulations and with requirements of the Middle St. Croix Watershed District. 4 • • 1 CONCLUSION/RECOMMENDATION 1 City staff has provided two options in addition to the one option applied for by Mr. Phillips to allow for a single family dwelling to be reconstructed on this property. If there is interest in allowing Mr. Phillips to rebuild, staff recommends the City consider leaving the property zoned 1 District and granting a variance from the non - conformity section of the Zoning Ordinance. No matter which option is pursued, the following conditions should be added to the motion for approval: 1. The property is reconstructed as a single family dwelling. 2. The well and septic system will be tested with results forwarded to the City before issuance of a building permit. If a new well or septic system is required for the property, they shall be constructed and operational before a Certificate of Occupancy is issued by the Building Official. 3. All setbacks of the applicable zoning district shall be complied with for a new structure. 4. The property shall be in compliance with floodplain regulations, and shall be subject to review and approval of the City Engineer and Middle St. Croix Watershed District. Project Narrative This application is for rezoning from Industrial to R1 purchased this home on 1/28/88 at the time it was zoned residential. (This was my first and only home, life was good, living the American Dream) Life takes a wrong turn. 40 On 12/17/2003 1 have a house fire. (smoke, water, structural and personal property damage, no personal injury) While this is truly a emotional and financial tragedy, we must pickup the pieces and move on, either repair, rebuild or replace the home. In February, I enlisted services of John Kalmon architect to achieve that goal. In March, I asked Jim Butler (building official from Oak Park Heights) to inspect the home. On March 31, 2004, I received the attached letter from the City. (The second emotional and financial tragedy) EXHIBIT 2 1 On April 27, 2004, 1sent the enclosed letter to Mayor Beaudet. This brings us to May, 2004, I'm now asking the City to please, let me pickup the pieces, allow me to get on with my life, undo a zoning wrong and return my property to R1 residential. A note to all, who read this application. Think about your home and property, it's not always someone else, put yourself in my shoes. • • City of Oak Park Heights 14168 Oak Park Blvd N.. Box 2007 . Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574 March 31, 2004 Mr. Larry Phillips CERTIFIED MAIL - RETURN RECEIPT REQUESTED 5272 Stagecoach Trail, N. Oak Park Heights, MN 5082 Re: Non - conforming use fire damage calculation Subject Address: 5272 Stagecoach Trail, N. (03.029.20.31.0005) Dear Mr. Phillips: City Ordinance directs that non- conforming structures destroyed beyond 50% of their Fair Market Value (FMV) as determined by the City, must be removed. Your property at 5272 Stagecoach is a single family residential dwelling located within an area zoned industrial (1) and is considered to be non - conforming. The Washington County Assessor's Office states that your ASSESSED VALUES are $127,200 for the dwelling structure and $75,000 for the land. You had indicated that the estimated cost to restore your property to a pre-fire condition is $179,000; considerably more than 50% of your ASSESSED VALUE totaling $63,600. ($127,200 X .50 = $63,600) Granted, the ASSESSED VALUE is not necessarily the Fair Market Value, but if 20% is added to the ASSESSED VALUE, to better estimate a Fair Market Value, the total for reconstruction of $179,000 would still be greater than 50% of the ASSESSED VALUE plus 20 %. (.50 X ($127,200 X 1.20) = $76,320] At this time, 1 am informing you that per City Ordinance 401.15. A.7 the dwelling at this property address may not be reconstructed as it is non - conforming to the property's zoning and the damage to the structure is in excess of 50% of the FMV. Additionally, the structure must be removed from the property. You are invited to contact us to discuss this matter further and provide any additional information that you believe would be helpful to the determination of the status of your structure under the City Code. We would ask that you do so promptly. Unless a different determination is made by the City of Oak Park Heights, the structure must be demolished and any existing wells, tanks, etc. closed /capped off. Said demolition will require a permit from the City of Oak Park Heights and must be completed no later than Friday, July 1, 2004. At this time, I am advising you that the structure is to be considered hazardous. Please secure the building to prevent unauthorized entry. If you have any questions regarding this information, kindly contact me. S' rely, "777 Jim Butt Building Official EXHIBIT 3 April 27,2004 Mayor David Beaudet Box 2007 Oak Park Heights, MN 55082 Dear Mayor Beaudet: I have received a letter from the City dated March 31, 2004 regarding the future use of my roperty. It indicates that the fire destroyed more than 50% of the fair market value of my home and cannot be rebuilt since this property is zoned industrial. The numbers used to calculate the value of my home and the reconstruction costs are not accurate. I have contacted an appraiser to review the fair market value of my home prior to the fire and getting cost estimates to repair the damage. The value of my home not totally destroyed by the fire has a negative value, according to your calculations. The foundation is sound as are the first floor outside walls, etc. I look forward to resolving the issue of my home and at this time will not be able to comply with your July 1, 2004 demolition date. I believe that my home is less than 50% destroyed and, therefore can be rebuilt. In the event that I cannot rebuild or it's economically not viable to rebuild my home under the current zoning, what can I do with a non- conforming lot (because of the topography) that's zoned industrial? Is the city going to deprive me of all beneficial use of it? I'm I to loose all or nearly all of the value of the property? Please advise me as to what the City suggests as a resolution to this problem. (City purchasing the lot, rezoning to residential, etc.) Larry Phillips 5272 Stagecoach Trail N Oak Park Heights, MN 55082 651- 343 -7248 • • EXHIBIT 4 • • PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 3, 2004 RE: Oak Park Heights — Doom and Thorbus Automotive Consultants Outdoor Sales and Storage CUP - -14398 59 Street North FILE NO: 798.02 — 04.07 BACKGROUND David Thorbus, owner of Doom and Thorbus Automotive Consultants, has made application for a conditional use to allow for outdoor auto sales in the B -2, General Business District at 14398 59 Street North, Suite 4. The request is to allow a display area for five and fewer cars to comply with the State of Minnesota used car vehicle licensing requirements. The office area and car display area is behind the NAPA Auto Parts store. No changes to the exterior of the building or the parking area are proposed. A small wall sign will be added to the building to identify the business location. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: ISSUES ANALYSIS NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@naoplanning.com Plat Map /Site Location Site Survey Site Plan Schematic Drawing of Building Project Narrative Pictures of Site ENCLOSURE 3 Project Request. The request is to allow a maximum of five cars to be displayed for sale in the B -2, General Business District. Section 401.30.E.6 of the Zoning Ordinance lists open and outdoor services, sale and rental for new or used autos as a listed conditional use subject to conditions. Mr. Thorbus, in his narrative, explains that his primary business is brokering new vehicles through dealers from his office in Stillwater. A small portion of the business involves wholesale and retail sales of pre -owned cars. In order to sell used cars, the State of Minnesota requires that a display area be provided for at least five cars. In that there is no room at his Grand Garage location in downtown Stillwater, he will maintain a small office and display area in Oak Park Heights. Mr. Thorbus proposes the following for the business at this location: 1. Cars sold retail to the public area shown by appointment only. 2. There will be no advertising that would involve the public to view the inventory at the site. 3. The public will not be aware of the business as a retail operation. There will be no business, flags, or prices painted on the windows. A small sign (two feet by three feet) would be provided to identify the location. It would be located to the left of the entrance door to the office, not visible to the street and will not be lighted. 4. All cars will be presentable and in good condition. 5. No more than five for sale cars will be at the site at any given time. 6. No changes in site lighting will be made. Surrounding Uses. The building is surrounded on the west and east by commercial uses. To the north is 60 Street North, which is the frontage road of Highway 36. To the south is 59 Street and single family properties zoned R -2, Low and Medium Density Residential. Parking. Currently there are 41 surface parking spaces on site for the building and its uses. Oak Park Auto has an additional 5 spaces indoors within their service area. Napa would require 17 spaces, Oak Park Auto would require 14 spaces, and the two office spaces an additional 9 (the proposed office included) for a total of 40 required parking spaces. With 46 total spaces on site, there is adequate stalls to allow the five additional spaces required for the auto sales business. The stalls abutting 59 Street and Olene Avenue North are not conforming with current parking standards in that they back out directly onto the right -of -way. The site design is grandfathered and would be allowed to continue. There has not been problems in the past with this design in that both of the streets do not have high traffic counts. 2 • • • • Only one disability accessible stall is indicated on site and it is near the front entrance to the NAPA Store. In order to comply with State of Minnesota standards, an additional stall should be designated near the rear of the building. Signage. The applicant has indicated that a six square foot sign would be proposed on the left side of the entrance door to the office space. The sign would not be lit. The sign would be allowed as provided under Section 401.15.G, Signs of the Zoning Ordinance. Lighting. No additional site lighting is proposed. Trash Enclosures. The pictures of the site indicate that at least two dumpsters for the site are stored outside with no screening. To be consistent with Zoning Ordinance standards, the dumpsters should be stored indoors or provided with a screening enclosure. The property owner will be required to submit a plan indicating enclosures for the dumpsters. Conditional Use Permit Criteria. Section 401.30.E.6 of the Zoning Ordinance lists criteria for consideration of open and outdoor sales fees for new or used automotive businesses. The criteria and staff comments are as follows: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. The five parking spaces to be utilized for outdoor sales are adjacent to the entrance door for the office on 59 Street North. The parking stalls back directly onto 59 Street which is not allowed by current Zoning Ordinance performance standards but has been grandfathered as part of this building. The use directly to the south from this parking area is the side lot of a single family property zoned R -2, Low and Medium Density Residential. While landscaping on the subject property is not possible, the property owner should work with the adjacent single family owner to determine if any additional screening or landscaping could be placed on their property. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. No new lighting is proposed. Any screening as provided above should prevent existing lighting to interfere with the single family use. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. The area proposed for the car display area is currently paved. No cars will be stored in the fenced area. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. The building will not be altered from what exists. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. There would be no service issues resulting from this use. f. All islands in the parking lot shall be landscaped. No changes to the parking areas are proposed. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. The parking areas were established before current parking performance standards and are grandfathered. h. All automotive repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. No repair activities will be conducted as part of the requested use. i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. j The hours listed above shall be made a condition of the approval. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. There should be no excessive noise resulting from this use. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. 4 • The vehicular access points are in place. 1. A drainage system subject to the approval of the City shall be installed. The drainage system for the site is in place. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. A sign has been proposed in conformance with the Zoning Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. The Planning Commission should review the provisions and comment. RECOMMENDATION /CONCLUSION Based upon the preceding review, it is recommended that the conditional use permit to allow for outdoor auto sales in the B -2, General Business District at 14398 59 Street be approved subject to the following conditions: 1. All cars sold outside shall be shown by appointment only. 2. There shall be no advertising of the business that would invite the public to view the inventory on site. 3. There shall be no special event advertising devices such as business, flags, or prices on windows used on site. 4. All cars shall be presentable and in full operable condition. 5. One two foot by three foot wall sign shall be allowed for the operation, subject to review and approval of City staff. 6. No more than five for sale cars shall be kept on site at any given time. 7. No automobile repairs shall be done in the parking lot for the operation. 8. There shall be no exterior storage of automobile parts, accessories, or related items on site. 9. All noise created from the operations shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 10. The sales operation shall not be operated between the hours of 10:00 PM and 6:00 AM. 11. The property owner shall work with the adjacent single family owner to determine if any additional screening or landscaping is necessary in their side yard to screen the commercial building and parking area. The property owner shall develop a screening /landscaping plan subject to review and approval of the City staff. The approved screening /landscaping plan shall be installed 90 days following City Council approval of the conditional use permit. 12. The property owner shall develop a plan to screen the trash dumpsters, subject to review and approval of City staff. The approved screening plan shall be installed 90 days following City Council approval of the conditional use permit. 13. One additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 14. Any other conditions of City staff, the Planning Commission, and the City Council. 6 *ON ?35 ST 1 1 • OT 4 3650 Y *B', 2 . 43 .' 4' /45 59TH 5r 3400 ye: P 3550 • 'OZ.'S as 50 4 Z74.00 Nor-so/41r 4200 v ss -si s�►"� °` G tt a v a . jl; je •. • • /.1 f. a - -,+ - - . 1 0/09 the'i.3'74 J44 )S — - - - .....„, i ^ . ,Iir7 " Sr..r L 00 i • ' �r 1 '""' - 25.00 ' e V • la ✓ e . Eint:„.....;( s No, rwf eN o a 1. 3 , , 1 1 * ,,,,,, Q A 1 : Zod 71 /4 ' 13 ' 1; V q t , '75 'S ST I 6;4 10 • s 3950 6 Q' V 0 j4 +q 990303 • 1 57 TH .5* G. 0 1 tr 3450 LLI C0 TOWNSHIP 29 RANGE 20 • • J • :t POWER 85. 0 4 . !? 7i 90 J.. G 7 dsr4fw 3 1 ten /n 54/ 7 I 'S:. 3850 b 6 7 Q 3 700 "5.41 .9C j 0]. 4 :; N '., 4 4 , LLI �,. .03 . > '41 .ee 17 G PLAT MAP Z3D - - - - r•� /9 ; I5 3' 3 4000 is 2 Cobyrighc © 1999 by MARDELL AMUNDSON JOHNSON d LEIRNESS. INC. All rizhts resew *cl. NAPA Auto Parts Score, 14399 64` Street N., Oak Park Heighcs, MN T . ._ ' 125 tt 4100 4150 40 50 Go N 1/4 COP SEC. 4 Page 27 . 1/ ..C4C OL 54.95 �..saor A►N'/I Sallt l o 3100 3152 • :?h Cf - • -1St. 4? EXHIBIT 1 s SURVEY MADE I:XCLUSIVI:LY wit: Gotchell- Joeephe F,920 Jocelyn Road Iiortla Stillwater, 11N 55082 I)[;SCItur'rloN: Tract A of Registernci Land :Survey No. 1r3, on file and of record in the office of the Registrar of Tit] es in and ror '.lacthinv,ton Country, ilinneaotn , EXCEI T the East Fiftnen (15) feet thereof. V Trunk Highway Number 36 -- -- N89 2094.90 - - - 1 .-• Centerline Service Rood. �• . -- - N8r50'36 "W slo.oT - -- g ' (formerly St. Trunk Hwy. No. 212 ) NW Con. 011 (a.k.a. 60 St. No. ) Sec. 4 - T29N - R20W. !' 0 r•••.- w..a�er- M to NOTES' 00 MIN 1101111110 Scale' One Inch Equals Thirty Feet Fnd. 1 /4 inch IP O. t5 south 0.58 west of IP set. RTIFICATE OF SUV R/W Line. N89 "E 84.99 -- t t W O ,tc_• Centerline _ Eastbound Lone. z -I— 3.4 Hondo Sign. R North line Tract A RLS No. 19. w e. 21,239 Sq. Ft. South tine Tract A RLS No. 19. S89 •46'43 "W 84.99 .. 591t! St No. Tract 0 Denotes . %a inch iron pipe monument set marked with o plastic cap inscribed ANEZ RLS 137175, 0 Denotes Iron monument found and marked as indicated. 8earings are based on the Washington County Protect - 4 dinate System - South Zone. LAKE E1,MO LAND SURVETORS, INt 3 Lake Elmo Avenue North Lake Elmo, Minnonotn 550 (612) ?77 -002 CW- Ovesti S ten. ec 9a • -4 -5 .00+ 19 r 0 Jot: L t ANt:'z Av.-% lc RLS 13 775 North tin,, NW 1 /4 Sec 4- T29N -RsoW Wash. Co. CI.M rd) North ;4 Cor. Sec. 4 - 729N -R20►v rhle survey conforms to the survey standards for Properly Boundary Surveys In Minnesota as adopted by the Minnesota Land Surveyors Association. 1 hereby certify that this survey, plan or report 'rot prep5tred by me or under my direct supervision and that 1 OM a duly Replstsr•d Land Surveyor under Ms laws at the Stale or Minnesota. 6. -!! 0.. Map -th B6- 117 - 19 O35 I EXHIBIT 2 1111 P a r ki n g Plan • t-h H su 0 0 M PI ?• 0 ha. p. p H. 0. CI 4 M hi 0 0 It CU 0 0 11 0 0 0 • p z O rt, 00 • It 0 4 • CD CO CT S a' CT 0 0 0 et M 0. 1-'• $2, ah 4 M M Ft 0' 0 M O 0 0.0 O. • i- t-.0 0 rt 0 H 0 M 01 (10 (0 01 M , 0 ID O 11 H (D pi ! M 0 M 0 rt rt t 0 g 0 M C g 0.. 1 :1 rt M ft hi H M (1) 60th St. N. 59th St. N. 1 J EXHIBIT 3 Schematic Drawing of Building NOT TO SCALE, DIMENSIONS APPROXIMATE. 0 0 > 11 A rn (0 0 In 0 ohy » 1v�c> > -I. 8 C)m Q- m i hZ S {o n .8 5 • 411 EXHIBIT 4 David Thorbus Doom & Thorbus Automotive Consultants 324 S. Main St., Suite 240 Stillwater, MN 55082 ph: 651 -351 -1616 fax: 651- 351 -9198 e -mail: dave @dtauto.com Used vehicle office located at 14398 59 St.N., Suite 4, Oak Park Heights, MN 55082. • My primary business is brokering new vehicles through dealers by phone and over the Internet from my office at the Grand Garage in downtown Stillwater. • A small p art of my business involves wholesale and retail sales of pre -owned cars. • Need Conditional Use Permit from city to operate our business at this location in .order to comply with zoning requirements for used vehicle license. • Cars sold retail to the public are shown by appointment only. • There will be no advertising inviting the public to visit to browse inventory at the site. • The public will not be aware the business is a retail operation: no banners, flags, prices painted on car windows, etc. • Cars will be presentable and in good condition. • No more than five cars maximum will be at the site at any given time. • PARKING: In order to comply with MN state used vehicle license requirements we need a display area for five cars. We plan to use the outside fenced storage area for two vehicles and also the three parking spaces in front of the outside fenced storage area. See separate parking attachment. • SIGN will be attached to building to the left of the entrance door and will be visible from street and measure approximately 3 feet by 2 feet. Sign will not be lighted. • No LIGHTING changes will be made. ATTACHED: Development application $1,400.00 ($400.00 base fee PLUS $1,000.00 escrow) Pictures of location Parcel search within 500 feet of location Schematic drawing of building Property survey /lot dimension plan Parking plan EXHIBIT 5 • • • - 15W PA itir OUTDPROTIVI SERVICI • • • Memorandum To: Planning Commission From: Julie Hultman Date: June 10, 2004 Re: 2004 Council Representation Schedule This matter is carried over from the May meeting. The August and December slots need to be filled. I will prepare and distribute revised schedules after your direction. Thank you. 410 ENCLOSURE 4 Meetings are the 2nd Thursday of each month Public hearing items are required to be submitted 30 days in advance of the scheduled meeting date. This date is located in the 2nd column. Meeting Date June July August September October November 10 8 12 9 14 4 December 9 05 January 13 PLANNING COMMISSION 2004 Regular Meeting Dates Council Representation Schedule Public Hearing Submittal May 12 June 10 July 14 August 11 September 15 October 6 November 10 December 15, 2004 Council Representative Commissioner Liljegren Commissioner Runk Commissioner Commissioner Oswald Commissioner Dwyer Commissioner Liljegren Commissioner Commissioner Runk * Note: November date changed from regular rotation due to government holiday on November 11t - City offices are closed. • •