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Home My WebLink About2003-06-24 CC Meeting Packet EnclosureMeeting Date June 24, 2003 Time Required 10 min. Agenda Placement New Business Originating Department/Requ Action Requested Adopt Resoluti or Oak Park Heights Request for Council Action Agenda Item Title Zoning Ordinance Amendment Request — Midas nistration Eric Johnson Requester's Signature to Deny Request Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Please refer to the attached June 19, 2003 Planner's memo. MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS, INC. 6775 Wayzata Boulevard, Suite 566, St Louis Park, MN 56416 Telephone: 9525959636 Facs ri e; 952595„0837 p anner& na p anning.c r TO: Eric Johnson FROM: Scott Richards DATE: June 19, 2003 RE: Oak Park Heights — Oak Park Commercial (Midas) FILE NO: 798.02 -- 03.05 At their June 12 meeting, the Planning Commission discussed the Zoning Ordinance amendment required for allowing minor auto repair as a conditional use in the Central Business District (CBD). The amendment is required to allow the project as proposed for 13613 60 Street North to contain a Midas and up to four retail stores. The site is located between 60 Street North and Wal Mart. The Planning Commission recommended on a 5-0 vote, not to amend the Zoning Ordinance to allow for minor auto repair in the CBD. The Planning Commission concluded that the original concept for development of this area as a downtown commercial center with no automotive related sales and repair facilities should be followed until such time the City determines a different development scenario for the area. The planning report dated May 2, 2003 reviewed the issues related to the zoning amendment. Proposed language was included in that report for consideration by the Planning Commission and City Council if it was determined that the Zoning Ordinance should be revised to allow for minor auto repair in the CBD. The resolution of the Planning Commission on this matter is attached. A resolution of the City Council has also been prepared reflecting the Planning Commission recommendation. If the City Council does not approve the zoning amendments, the project as proposed with the Midas cannot proceed. At that time, the applicant will be asked to withdraw the application for the CUP and the site plan review. If the application is not withdrawn, the Planning Commission and City Council will need to take action to deny the CUP and site plan. pc: Pete Houser Charles Radloff A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA and 2000; and A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY PETER HOUSER FOR A ZONING ORDINANCE AMENDMENT TO ALLOW MINOR AUTO REPAIR AS A CONDITIONAL USE IN THE CBD, CENTRAL BUSINESS DISTRICT SHOULD BE DENIED WHEREAS, the City of Oak Park Heights has received a request from Peter Houser for a Zoning ordinance amendment to allow minor auto repair as a conditional use in the CBD, Central Business District; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application includes all properties zoned CBD, Central Business District in the City of Oak Park Heights; and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT A 3. A staff planning report, dated May 2, 2003, reviewed the request for the Zoning Ordinance amendment; and 4. The City amended its Zoning Ordinance on August 11, 1998 to include a CBD, Central Business District; and 5. The area known as the Central Business District has been zoned CBD, Central Business District. 6. The City completed a Central Business District Urban Design Study, dated May 1999; and 7. The City adopted Central Business District Design Guidelines, dated June 8. The CBD, Central Business District of the Zoning Ordinance does not allow automotive related uses such as sales lots or interior or external automobile repair; and 9. The Planning Commission held a public hearing on the zoning amendment at their June 12, 2003 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR. THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Peter Houser for a Zoning Ordinance amendment to allow minor auto repair as a conditional use in the CBD, Central Business District, and affecting all properties zoned CBD, Central Business District in the City of Oak Park Heights. Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for denial based upon the following: 1. The Comprehensive Plan has designated this area as Central Business District. 2. The City has zoned the property CBD, Central Business District in which automotive repair activities are not allowed. 3. The City has completed a Central Business District Urban Design Study and Design Guidelines as a framework for land use and development standards for the area. 4. The City has approved plans for development on certain portions of the Central Business District in compliance with the CBD, Central Business District zoning, Urban Design Study, and Design Guidelines. 5. The City, at this time, is not willing to deviate from the Comprehensive Plan, CBD, Central Business District zoning, Urban Design Study, or Design Guidelines that were established for the CBD, Central Business District. 6. The minor automotive repair use is found to be inconsistent with the land uses and performance standards established for the CBD, Central Business District. 7. The City has adequate area guided in the Comprehensive Plan and zoned to accommodate automotive repair uses. 2 Recommended b y Planning the Plan in Commission of the City of Oak Park Heights this 12 day of June 2003. ATTEST: Eric A. Johnson, City Administrator John Dwyer, Chair 3 ATTACHMENT A Zoning Ordinance Amendment Allowing Minor Auto Repair as a Conditional Use in the Central Business District MIDAS - PETER HOUSER Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • VVritten Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: June 4, 2003 Required Approvals: Zonin_� Amendment Planning Commission 4/5 City Council 4/5 and 2000; and RESOLUTION NO. CITY, COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND DENIAL BY THE CITY COUNCIL OF THE REQUEST BY PETER HOUSER FOR A ZONING ORDINANCE AMENDMENT TO ALLOW MINOR AUTO REPAIR AS A CONDITIONAL USE IN THE CBD, CENTRAL BUSINESS DISTRICT WHEREAS, the City of Oak Park Heights has received a request from Peter Houser for a Zoning Ordinance amendment to allow minor auto repair as a conditional use in the CBD, Central Business District; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be denied. The City Council of the City of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application includes all properties zoned CBD, Central Business District in the City of Oak Park Heights; and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT A 3. A staff planning report, dated May 2, 2003, reviewed the request for the Zoning Ordinance amendment; and 4. The City amended its Zoning Ordinance on August 11, 1998 to include a CBD, Central Business District; and 5. The area known as the Central Business District has been zoned CBD, Central Business District. 6. The City completed a Central Business District Urban Design Study, dated May 1999; and 7. The City adopted Central Business District Design Guidelines, dated June 8. The CBD, Central Business District of the Zoning Ordinance does not allow automotive related uses such as sales lots or interior or external automobile repair; and 9. The Planning Commission held a public hearing on the zoning amendment at their June 12, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be denied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND DENIES THE APPLICATION. A. The application submitted by Peter Houser for a Zoning Ordinance amendment to allow minor auto repair as a conditional use in the CBD, Central Business District, and affecting all properties zoned CBD, Central Business District in the City of Oak Park Heights. Be and the same as hereby denied by the City Council of the City of Oak Park Heights based upon the following: 1. The Comprehensive Plan has designated this area as Central Business District. 2. The City has zoned the property CBD, Central Business District in which automotive repair activities are not allowed. 3. The City has completed a Central Business District Urban Design Study and Design Guidelines as a framework for land use and development standards for the area. 4. The City has approved plans for development on certain portions of the Central Business District in compliance with the CBD, Central Business District zoning, Urban Design Study, and Design Guidelines. 5. The City, at this time, is not willing to deviate from the Comprehensive Plan, CBD, Central Business District zoning, Urban Design Study, or Design Guidelines that were established for the CBD, Central Business District. 6. The minor automotive repair use is found to be inconsistent with the land uses and performance standards established for the CBD, Central Business District. 7. The City has adequate area guided in the Comprehensive Plan and zoned to accommodate automotive repair uses. 8. The Planning Commission of the City of Oak Park Heights, at their June 12, 2003 meeting, recommended denial of the Zoning Ordinance amendment to allow minor auto repair as a conditional use permit in the CBD, Central Business District. 2 ATTEST: Denied b y City City the Cit Council of the Cit of Oak Park Heights this 24 day of June 2003. Eric A. Johnson, City Administrator David Beaudet, Mayor 3 ATTACHMENT A Zoning Ordinance Amendment Allowing Minor Auto Repair as a Conditional Use in the Central Business District MIDAS — PETER HOUSER Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements )/Legal Descriptions) Conference With City Staff Upon Application Submittal: June 4, 2003 Required Approvals: zoni Ame ndment Planning Commission 4/5 City Council 4/5