02/11/2009 P&Z Minutes - Laserfiche WebLink

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Planning & Zoning Board February 11, 2009 Page 2 APPROVED MINUTES Mr. Nelson made a MOTION to close Open Mike at 6:51 p.m. Motion was supported by Ms. Brady. Motion carried 4 - 0. VI. ACTION ITEMS A. PUBLIC HEARING for a Comprehensive Plan Amendment to change the l and use designation from Low Density Sewered Residential to Commercial, Rezone from Rural to General Business, and Conditional Use Permit for an Outdoor Sales Lot, in order to allow the addition of automobile sales to an existi ng auto repair shop located at 909 Maple Street. Paul Bengtson, Associate Planner, presented the sta ff report. Mr. Bengtson explained that the existing use of the site is considered a non-conforming use and as such the current use is allowed only as long as no changes to the use, and no increase to the current use, occurs on the site. Staff’s recommendation was that no changes occur on the site until the Met Council has adopted the updated Comprehensive Plan. Staff sugg ested that the site be examined further to determine what zoning district is the mo st appropriate for the site. Mr. Bengtson added that a change of use on the site wou ld require the property to comply with the regulations of the current ordinance. Staff received two phoned inquiries and one written comment as a result of the public notice. The written comment included concerns abou t on-street parking and pollutants on the site, and was included as part of the staff rep ort. The phone inquiries included a question about the application type and concern abo ut the parking situation. Board members discussed their concerns with staff. Staff clarified that if the site were rezoned to Ge neral Business, then any type of use under GB could be applied for in the future – and i f all conditions of the use are met, by law the city would have to allow the use on the sit e. In order for the requested Conditional Use Permit t o be granted, the property would have to be zoned GB General Business. In order to rezon e the site GB General Business, the site would need to be within the current MUSA bound ary and have immediate access to city sewer and water. Even though the draft 2030 C omprehensive Plan would do away with MUSA areas, staff would seek to amend the zoni ng ordinance to prevent unsewered commercial development in a different manner. A variance for parking would be required in order t o make the use legal. Lighting concerns were minimal after staff noted th at no additional lighting was shown on the plans, and that the existing building light is directed downward and is not on all night.