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HomeMy WebLinkAbout02/11/2009 P&Z Minutes APPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL: Acting Chair Pogalz called the Lino Lakes Planning and Zoning Board meeting to order at 6:46 p.m. on February 11, 2009. II. SWEARING IN OF APPOINTED BOARD MEMBERS: Mayor John Bergeson swore in newly appointed board member Elizabeth Brady. Mr. Pogalz noted that Paul Tralle was reappointed t o the board but unable to attend the meeting. Therefore, Mayor Bergeson will attend a f uture meeting to swear in Mr. Tralle. III. APPROVAL OF AGENDA The Agenda was approved as presented. IV. APPROVAL OF MINUTES: January 14, 2009 Mr. Root made a MOTION to approve the January 14, 2 009 Minutes as presented. Motion was supported by Mr. Hyden. Motion carried 4 - 0. (Brady abstained.) V. OPEN MIKE Acting Chair Pogalz declared Open Mike at 6:50 p.m. There was no one present for Open Mike. DATE : February 11, 2009 TIME STARTED : 6:46 P.M. TIME ENDED : 9:03 P.M. MEMBERS PRESENT : Elizabeth Brady, Michael Hyden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root MEMBERS ABSENT : Paul Tralle (Chair), Perry Laden STAFF PRESENT : Paul Bengtson, Jeff Smyser, Jim S tudenski 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. Planning & Zoning Board February 11, 2009 Page 3 APPROVED MINUTES Hazardous Waste on the site was a concern. The app licant would need to renew their Hazardous Materials license with Anoka County, and the county would be responsible for enforcement. The EPA (Environmental Protection Agency) has been involved and the MPCA (Minnesota Pollution Control Agency) could be involved if there were any future concerns. The city does not license this type of business, ho wever a required state license usually includes a zoning verification signature by the cit y. Applicant, Kevin Halversen, 9116 Lexington, MN, sta ted that he dealt with (city engineer) Jim Studenski and Rud Land Surveying to a ddress issues. He said that the lights on site are timed to shut off at 6:00 p.m. Their recycling is kept in a can that goes inside the building at night. He has had numerous discussions with staff but he was not aware of the negative concerns by staff. He spoke with the fire department and the state, and spent money on plan review. He said that the p revious owner, Vision Auto, didn’t listen to the concerns of the neighbors. He would like to take the negative issues and turn them positive. He stated that staff told him what should be submitted and that the city is in the process of change. Mr. Halversen stated tha t he is not really changing the use. He stated that vehicles get pulled inside the garage a t night. He requested additional time by staff in order to meet requirements. He explained that all they are doing is adding the sales to become an onsite dealer. They would like to finance the cars like a bank and do the transactions. He explained that he submitted w hat the city requested, hired a land surveyor, and met with the city engineer. He state d that he had a copy of the previous Conditional Use Permit for the site. He said that staff informed him that they don’t want the business in the area. He spoke with City Plann er Jeff Smyser to try and make this a positive add-on to his existing successful business . He said they are in the used car business, not new, and they want to sell them and t hey want to do it right. He said they are not changing the buildings or the lights. They are trying to get their license and do the right things. Dan Obermiller, Rud Land Surveying, said he was ask ed to do a survey for the applicant. As part of the application, this included a site pl an, utility plan, and grading plan showing the site and improvements. He noted that plans sho wed improvements including striping for the car sales area as well as a bituminous park ing area. He stated that drainage on the site goes toward the street and into the street, an d the plans will not increase the drainage or the direction. He said there is no potential fo r pollutants. He said there are no proposed changes to utilities, adding that the sewe r system will work as it does now. There is an on-site septic system with no storm sew er in the area. Mr. Halversen stated the septic system had been bro ught up to code. He tried to make sure things were done in a positive way. He asked that the board understand what it is like to be a small business owner. He is here to a dd on to an existing business to make it profitable. He said the State of Minnesota is okay with the proposal. Acting Chair Pogalz opened the Public Hearing at 7:45 p.m. Kevin Hedgers, 862 Maple Street, distributed a comp ilation of points of concern from the residents of Maple Street. The residents are oppos ed to the proposed applications and all Planning & Zoning Board February 11, 2009 Page 4 APPROVED MINUTES but one resident was in attendance. (The documents are filed as part of the city’s public record.) Maple Street residents were concerned that they wer e uninformed about a previous business change on the property. Staff explained t hat certain applications require a public notice, but a change of ownership does not warrant a notice to the neighborhood. Terry Johnson, 987 Maple Street, stated that althou gh vehicles are kept behind the fence, they are in the road during the day and sometimes b lock the road. Richard VanCleave, 907 Maple Street, stated that he didn’t want to speak. However, he was upset that they were not informed of the busine ss change in 1991. He said that he likes Ivan (of K.I. Auto) and he goes over there to talk to them when there are issues. He was not so concerned about the lighting. He stated that his driveway has cracks from trucks turning around in his driveway. He added th at people sometimes knock on his door as late as 11:00 p.m. asking about the busines s next door. He spoke with Ivan who informed him that he is not a sales person, all he does is fix insurance company cars but he does not sell them. He doesn’t like any of this that is going on. If he had known what was going on in 1991, he would have opposed it. Th is is the first time he has come to the city to make a complaint. He said that he was ther e with the others to voice his concerns. He doesn’t need people working next door late at ni ght. He has resolved issues with Ivan in the past. Mr. Hedgers added concern about the water and reque sted that it be posted that any hazardous fluids are dealt with in the correct mann er. Board members asked the applicant to address reside nt concerns. Mr. Halversen stated that business hours would be f rom 10:00 a.m. to 6:00 p.m. and they are not able sell cars on Sundays. He said he coul d display a sign posting the hours and asking people to please leave quietly. He said the “bus” on his property was used to haul recycle materials offsite, but the vehicle went up for sale following a resident complaint. The recycling material will now be kept inside. He said that he will follow rules as stated in the conditions of approval. He stated that if t he neighbors didn’t like the use of the property, they could have bought it. He said they want to be productive and get along with people. He has no particular plans to expand the site. He acknowledged that situations have occurred with turnarounds and parki ng. Mr. Halversen explained that 15 different insurance companies contact them with cars that need repair, they in turn purchase the vehicle s and resell them, and now they would like to sell the cars on the lot rather than going to an alternate location to transact the sale. Board Members commented that although they encourag e local business, they must consider the effect to residents as well. They poi nted out that the proposed change in business would increase the amount of traffic to th e site. The current business is repair and not sales, therefore adding sales would increas e the volume of customer traffic to the site. The Board asked Mr. Halversen if he plans to see a net change in the number of people accessing the site. Mr. Halversen replied y es, he hopes there is a big change and Planning & Zoning Board February 11, 2009 Page 5 APPROVED MINUTES they are planning to have more people show up. He is looking to increase his business. Mr. Halversen stated he expects to sell approximate ly 30 cars per month on this lot. Mr. Halversen stated that they made no attempt to m eet or discuss the situation with the neighbors. He said he did not want to disturb them . Board members suggested that it would have shown an effort on his behalf if he woul d have contacted the residents directly. Mr. Hedgers added that hazardous issues on the site do not follow the betterment of the city. Mr. VanCleave added that he feels the applicant is more concerned about money than the impact on his neighbors and the community. Dennis Ramsden, 871 Maple Street, stated concern ab out cars being dropped off if the applicant gets this permit. Teresa Johnson, 987 Maple Street, stated concern th at it is hard to drive down the street because cars are worked on in the street and flatbe ds are at times in the street. She added that cars turn around in driveways, and was concern ed that ambulances and busses could not get down the street. Diane Schally, 892 Maple Street, stated concern tha t the existing car business was there. She complained about the noise especially late at n ight. She pointed out that there are only nine residents on the street, and that all but one was in attendance. She stated that the neighborhood has taken a lot of abuse. Mr. Root made a MOTION to close the Public Hearing. Motion was seconded by Mr.Hyden. Motion passed 4-0. Mr. Bengtson pointed out that any car sales on the site had ceased for well over a year, therefore the use is no longer valid on the site. Mr. Halversen stated he was not aware of that. Mr. Bengtson stated that enforcement steps will be made by staff to address the non- conformities with the existing conditional use perm it. Staff pointed out that the property may not meet al l requirements of General Business. The city would not allow a new business to occur wi thout sewer and water. As stated in the Comprehensive Plan, no new commercial/industria l areas will be created without sewer & water. Mr. Bengtson explained that an application fee and submittal materials are required in order for staff to process a review. He added that there most certainly were indications from staff that the application may be denied durin g discussions with the applicant. Mr. Bengtson wanted to clarify that a non-conformin g use within the city can be reestablished if it reoccurs within a year, and the city is not required to notify the public. Planning & Zoning Board February 11, 2009 Page 6 APPROVED MINUTES However, if a use ceases to exist for a year, then starting that use again would require applications that include a public hearing. The city wants to reinstitute the condition of appr oval that would ensure that all conditions are being met and not causing issues wit h public welfare. A condition of approval can require annual review. Board members agreed that they want to see business survive in Lino Lakes. However, there are currently problems with the existing busi ness being located too close to homes within a residential area. Board members agreed that there is an existing impa ct to the neighborhood with the existing business. They hope that the neighbors an d business owner can continue to work together and get through their issues with the curr ent repair business on the site. However, board members agreed that an expansion of the business would increase the impacts to the neighborhood. They determined that this was not the appropriate location for the proposed type of business. In addition, board members pointed out that if this business were approved but fails, this would open up additional issues as to what future b usiness could apply. Ms. Brady made a MOTION to recommend denial of the Comprehensive Plan Amendment to change the land use designation from L ow Density Sewered Residential to Commercial at 909 Maple Street. Motion was supp orted by Mr. Hyden. Motion carried 4-0. Mr. Hyden made a MOTION to recommend denial of the Rezoning from Rural to General Business at 909 Maple Street. Motion was s upported by Mr. Nelson. Motion passed 4-0. Mr. Root made a MOTION to recommend denial of the C onditional Use Permit for an Outdoor Sales Lot, in order to allow the addition o f automobile sales to an existing auto repair shop located at 909 Maple Street. Motion wa s supported by Mr. Nelson. Motion carried 4-0. The Board informed the applicant that he can still pursue his application with the city council if he so chooses. Mr. Halversen announced that he was displeased with staff and that he was uninformed about the problems with his application. VII. DISCUSSION ITEMS A. 2008 Year End Review Mr. Smyser noted that enclosed in the board member meeting packets was a summary of actions taken by the board in 2008. Mr. Smyser added that items approved Planning & Zoning Board February 11, 2009 Page 7 APPROVED MINUTES administratively by staff in 2008 were included on the reverse side of the report. B. Comp Plan Update Mr. Smyser updated the board on the progress of the 2030 Comprehensive Plan. He noted that some proposed changes were discussed at the council work session on February 2. He stated that another Public Hearing will be held at a future P&Z Meeting once all jurisdictions have commented on th e plan. VIII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 9 :03 p.m. Motion was supported by Mr. Nelson. Motion carried 4 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant