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HomeMy WebLinkAbout02/11/2009 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, February 11, 2009 6:30 p.m. Council Chambers (Scheduled to be televised on Ch. 16) Please be courteous and turn off all electronic devices during the meeting. AGENDA I. CALL TO ORDER AND ROLL CALL II. SWEARING IN OF APPOINTED BOARD MEMBERS III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: January 14, 2009 V. OPEN MIKE VI. ACTION ITEMS IIIIA. PUBLIC HEARING for a Comprehensive Plan Amendment to change the land 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 existing auto repair shop located at 909 Maple Street — Paul Bengtson VII. DISCUSSION ITEMS • A. 2008 Year End Review B. Comp Plan Update VIII. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike — The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4- minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more — groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES January "14, 2 6:33 P.M. 714 P.M. Michael IIden, Robert Nelson, Brian P Chair), Rob Rafferty Michael Root, Pau (Chair), Perry Ladr Paul Bengtson I. CALL TO ORDER AND ROLL CALL: 40 Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:33 p.m. on January 14, 2009. • II. APPROVAL OF AGENDA The Agenda was approved as presented. (Rafferty arrived at 6:34 p.m.) III. APPROVAL OF MINUTES: October 8, 2008 Mr. Hyden made a MOTION to approve the November 12, 2008 minutes as presented. Motion was supported by Mr. Pogalz. Motion carried 4 — 0 (Root abstained). November 12, 2008 Mr. Root made a MOTION to approve the November 12, 2008 minutes as presented. Motion was supported by Mr. Hyden. Motion carried 4 — 0 (Rafferty and Pogalz abstained). IV. OPEN MIKE Chair Tralle declared Open Mike at 6:37 p.m. There was no one present to speak. DRAFT MINUTES Planning & Zoning Board January 14, 2009 Page 2 Mr. Pogalz made a MOTION to close Open Mike at 6:38 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. V. ACTION ITEMS A. PUBLIC HEARING to Amend the Subdivision Ordinance to clarify requirements for submittals, procedures, and development agreements, and to reformat the ordinance for consistency with the city code Paul Bengtson, Associate Planner, presented the staff report. Staff recommended approval of the text amendment. Chair Tralle opened the Public Hearing. No one was present to speak. Mr. Rafferty made a MOTION to table the item. Motion failed for lack of support. Mr. Root made a MOTION to recommend approval of the amendment to the Subdivision Ordinance. Motion was supported by Mr. Nelson. Motion carried 4 -1. (Rafferty voting no.) Mr. Pogalz made a MOTION to close the Public Hearing. Motion was supported by Mr. Hyden. Motion carried 5 -0. B. PUBLIC HEARING to Amend the Zoning Ordinance to change the definition of "Private Kennel" to allow three dogs without a kennel license Mr. Bengtson presented the staff report. Staff recommended approval of the text amendment. Chair Tralle opened the Public Hearing. No one was present to speak. Mr. Rafferty made a MOTION to close the Public Hearing. Motion was supported by Mr. Nelson. Motion carried 5 -0. Mr. Hyden made a MOTION to recommend approval of the amendment to the Zoning Ordinance. Motion was supported by Mr. Root. Motion carried 5 -0. VI. DISCUSSION ITEMS A. Comp Plan Update Mr. Bengtson updated the board on the progress of the Draft 2030 Comprehensive Plan. DRAFT MINUTES • • • • • Planning & Zoning Board January 14, 2009 Page 3 VII. ADJOURNMENT Mr. Rafferty made a MOTION to adjourn the meeting at 7:14 p.m. Motion was supported by Mr. Pogalz. Motion carried 5 -0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: February 11, 2009 TOPIC: PUBLIC HEARING Comprehensive Plan Amendment to Commercial Rezoning to General Business Conditional Use Permit for Outdoor Sales Lot (Auto) KI Auto - 909 Maple Street BACKGROUND The property at 909 Maple is 13,393 square foot in area and is currently developed with a 3,057 square foot building that is occupied by an Auto Body Repair Shop. The metal building on the site was approved via a Conditional Use Permit in 1983. This Conditional Use Permit was then amended in 1991 to allow the operation of an automotive body shop in the existing building. The applicant is now requesting to add automobile sales to the property, while still maintaining the main use of the site as an automotive body shop. This will require that the Comprehensive Plan's future land use designation for the property be changed from Low Density Sewered Residential to Commercial, that the Zoning be changed from R (Rural) to GB (General Business), and that an Outdoor Sales Lot Conditional Use Permit be approved by the City Council. This request was accompanied by a Certificate of Survey and a `Plan Sheet' that combines the information of a Site Plan, Grading Plan, and Utility Plan. ANALYSIS Comprehensive Ran, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided and uses for the area. Location Existing Land Use Guided Lan use Existing Zoning Site Auto Body Shop Low Density Sewered Residential Rural North Residential Sand Blasting Low Density Sewered Residential Rural General Business South Residential Low Density Sewered Residential Rural East Vacant Low Density Sewered Residential Rural West Residential Low Density Sewered Residential Rural • • • In order to make the review of this request easier, the staff report is broken into 5 sections. Section 1 Comprehensive Plan This section covers the land use designation request, and the issue of timing as related to the 2030 Comprehensive Plan. Section 2 Zoning This section covers the rezoning request. Section 3 Conditional Use Permit — Outdoor Sales Lot This section covers only the new request to add outdoor sales of automobiles to the site. It lists the findings that must be made for a Conditional Use Permit and the conditions specific to the use of `Outdoor Sales Lot'. Section 4 Conditional Use Permit — Existing CUP for Automobile Repair This section covers only the existing use on the site, as allowed by the Conditional Use Permit 91 -01. The conditions of that approval are listed, and reviewed. Section 5 Conditional Use Permit — Automobile Repair (current ordinance) This section reviews the current ordinance requirements for Automobile and Truck Repair (including body shop). The zoning ordinance requires that a site be brought into compliance with the current ordinance when there is a change of use on that site. The proposed addition of automobile sales means the use on the site has changed and it is appropriate to impose all performance standards of the zoning ordinance on the site. KI Auto Page 2 of 15 • on 1 Gompreh n For the purpose of reviewing the land use request, a map depicting the land use designations of the surrounding area is attached at the end of the report. The site is currently designated by the Comprehensive Plan for Low Density Sewered Residential. Commercial development is not allowed within that Comprehensive Plan designation. As previously mentioned, the site received an Amended Conditional Use Permit that allowed the existing automotive body shop to operate on the site. As this type of use would not be allowed today in the Low Density Sewered Residential areas of Lino Lakes, it is considered a non- conforming use of the property. The applicant is proposing to operate an Outdoor Sales Lot for the sales of automobiles. That use is only listed as a permissible use (via Conditional Use Permit) under the General Business zoning district. The General Business zoning district is only allowed in areas guided Commercial by the Comprehensive Plan. The current draft of the 2030 Comprehensive Plan indicates the subject property as being changed to Commercial; however this is still a `draft' document as it has not been approved by the City Council. Furthermore, the Metropolitan Council has informed the City that it will not review Comprehensive Plan Amendments until the update has been reviewed and approved by the Metropolitan Council. The applicant was informed of this issue, but wished to proceed with this application. Staff would recommend that no changes be allowed to occur on the site until the Metropolitan Council has approved any changes to the land use plan as a part of the 2030 Comprehensive Plan. KI Auto Page 3 of 15 • For the purpose of reviewing the rezoning request, a map depicting the zoning of the surrounding area is attached at the end of the report. The site is currently zoned R (Rural), and commercial development is not allowed within that zoning district. Again, the Amended Conditional Use Permit approved the use of the existing building as an automotive body shop. As this type of use would not be allowed today in the R (Rural) zoning district, it is considered a non- conforming use of the property. The City of Lino Lakes has three commercial zoning districts, Neighborhood Business, Limited Business, and General Business. These districts allow a range of commercial uses, and increase in intensity of commercial activity with General Business allowing the most intense. The applicant is proposing to operate an Outdoor Sales Lot for the sales of automobiles, and that use is only listed as a permissible use (via Conditional Use Permit) under the General Business zoning district. The purpose of the General Business zoning district is defined in the ordinance as follows: There are areas containing a wide variety of business uses including retail, service, and semi - industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers' needs. No new land shall be zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. The subject site is outside of the MUSA boundary area, and the nearest city utilities are approximately 4,500 feet south of the site at the intersection of Lake Drive and Main Street. The site is surrounded on two sides by properties that are zoned, guided, and developed with single family homes. As such, staff is recommending that this portion of the request be denied and the site be examined further to determine what zoning district is most appropriate for the site. As for the findings that need to be made to support a rezoning, the zoning ordinance lays out the following for consideration by the Board: KI Auto Page 4 of 15 • • ontin The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. For this rezoning to be consistent, the proposed land use amendment, or the 2030 Comprehensive Plan would need to be adopted by the City Council and accepted by the Metropolitan Council. 2. The proposed use is or will be compatible with present and future land uses of the area. The site is adjacent to properties that are guided, zoned, and developed with single family dwellings. The General Business zoning district allows the most intensive commercial uses under the zoning ordinance. As this site has no room for buffering of the residential uses, one of the other commercial zoning districts would be more appropriate. 3. The proposed use conforms with all performance standards contained herein. The site is currently deficient in regards to several of the conditions of the existing conditional use permit, including the lack of pollution control measures, the lack of a curb along the west side of the building, and the lack of a hood on the exterior lighting. The addition of auto sales would also push them well below the parking requirements of the ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. As the site is not served by city utilities, it will not overburden the city's service capacities in that regard. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Maple Street is not developed to an urban street standard. It does not have curb and gutter and is only 22 feet in width. While this can handle the traffic of the two businesses and 9 homes that are present on Maple Street, it is not conducive to adding additional commercial uses. Additionally, all on- street parking is actually occurring on pervious surfacing that may be allowing pollutants to permeate the soil. KI Auto Page 5 of 15 • :ion 3 = itiona ' Permiit —Out es` 1 ©t The applicant has proposed to operate an outdoor automobile sales lot in conjunction with the existing automotive body shop business. This use requires a conditional use permit in the GB (General Business) zoning district. According to Section 2, Subdivision 2 of the Zoning Ordinance, The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a) The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. The existing Comprehensive Plan designates the site for Low Density Sewered Residential development. The applicant is requesting, and the 2030 Comprehensive Plan currently proposes, that the site be guided for Commercial development. The Comprehensive Plan includes Commercial Policies that require adequate and appropriate landscaping according to community requirement and from adjacent residential development. The Commercial section of the Development Framework specifically discusses the commercial areas of the city that are surrounded by residential land uses. In such occasions the property is required to be `designed to compatibly coexist with adjoining residential areas'. The comprehensive plan calls these `Neighborhood Commercial' areas, which would coincide with the less intensive zoning district title `Neighborhood Business'. b) The proposed development application is compatible with present and future land uses of the area. The site is surrounded on two sides by property that is guided, zoned and developed with single family residential. c) The proposed development application conforms to performance standards herein and other applicable City Codes. The site would require 19 parking spaces to operate in the manner described by the applicant. Only 14 spaces are shown on the submitted site plan. Below is a calculation of the parking requirements under today's ordinance. This was calculated on the most liberal basis possible, counting each garage door as a single bay and counting the land area required by the conditional use permit (1,900 square feet) and a 100 square foot estimate for office. KI Auto Page 6 of 15 • on e Permit — Use Requirement Factor Spaces Auto Repair 2 spaces per bay 5 bays 10 Auto Sales 4 per 1,000 sf of sales area, plus 1 per 2,000 sf of land area. 2,000 sf 9 Total Spaces Required 19 Spaces Provided 14 d) Traffic generated by a proposed development application is within the capabilities of the City. The site is deficient in parking spaces, and the city is already aware of on- street parking issues even without the necessity of parking spaces associated with automobile sales. e) The proposed development shall be served with adequate and safe water supply. The site has an onsite well, and city utilities are not in the area. f) The proposed development shall be served with an adequate and safe sanitary sewer system. g) The site has an onsite septic system, and city utilities are not in the area. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The city has no immediate plans to provide city utilities in the area; however a need for utilities has already been demonstrated in the area. h) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Automobile sales should not increase these issues over the existing auto body shop. KI Auto Page 7of15 oor Sa on i) Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The property is not believed to have any potential impact on natural, scenic, or historic features of the city. In addition to those considerations, the specific conditions listed with the Outdoor Sales Lot are as follows: Outdoor sales lots (not outdoor storage) provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 3, Subd. 4.Q of this Ordinance. While the site is fenced as required by the zoning ordinance, it does not include much in the way of plantings. The City Council may waive plantings due to grade constraints, however that is not an issue on this site. • b. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. The building on site is large enough to meet this requirement, even though only a small office at the front of the building is intended to be used for the sales operation. c. The entire sales lot and off - street parking area is paved. The submitted plans depict paving for the entire off - street parking area and the area designated as the `sales lot'. d. For motor vehicle sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. The plans show 1,900 square feet of sales area designated in the southwest portion of the parking lot. This would allow up to 5 cars to be displayed on the site at one time. e. A perimeter curb is provided around the sales /parking lot. The submitted plans depict curb existing in some areas, and to be added in other areas. The applicant has requested that these improvements be allowed to occur when weather allows. KI Auto Page 8 of 15 n • :door`. f. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 3, Subdivision 4.F of this Ordinance. g. • The Tight on the southwest corner of the building does not appear to meet this requirement and must be corrected regardless of the outcome of this application. The applicant is not proposing any additional lighting. Materials for sale shall be displayed in an orderly manner and shall not constitute junk as defined by this Ordinance. Due to the size of the site, staff would recommend that no outside storage or display be allowed with the exception of the 5 vehicles for sale. This should not be an issue as vehicles waiting to be repaired do not constitute outside storage. KI Auto Page 9of15 • • or As previously mentioned, the site has an existing Conditional Use Permit that originally allowed the construction of a metal building in 1983, and then through a 1991 amendment also allowed an automotive body shop to occupy the property. The applicant is proposing to change the use on the site by adding an automotive sales lot. It is therefore appropriate to review the existing Conditional Use Permit to determine if all conditions have been met, and if the proposed expansion of use necessitates amendment to the existing conditional use permit. As such, below are the conditions placed on Conditional Use Permit 91 -01: Conditions Placed On This Amended Conditional Use Permit: 1. Remove the present wood fence. Replace it with a six foot high board on board bend, 1) observing the front property line, and 2) extending the entire length of the side lot lines. The fence indicated on the site plan satisfies this condition. 2. Downsize the driveway to 26 feet. Replace the gates across the driveway and remove the advertising sign from the gate. The new gate should swing in and not into the street right -of -way. The driveway was reduced, a sliding /rolling gate has been added to the site, and there is no sign on the gate /fence. 3. One professionally constructed sign should be permitted on the building meeting all requirements of the city's sign ordinance. The building has one sign on the south elevation that is in conformance with the sign ordinance. This is depicted on the photos submitted by the applicant. 4. The dumpster should be removed from the front of the building and located in the southwest corner of the property. The dumpster was relocated, but is not shown on the site plan. 5. Clean the site of all windows, timbers, panels, metal, tires, and other material. All of the materials indicated in this condition were removed from the site. 6. Install the asphalt driveway and parking area as shown on the 1983 conditional use site plan. The 1983 CUP site plan depicted a small asphalt parking area adjacent to the building. Since the approval the site was developed with an asphalt parking area that exceeded that shown in 1983. KI Auto Page 10 of 15 • • knaiti,:�. a�ae 7. Locate a curb on the west side of the building to protect the metal exterior from automobile traffic. There is not a curb along the west side of the building. This will need to be corrected regardless of the outcome of this application. 8. Remove the recently erected 10 X 12 metal storage shed. There is not an accessory building /shed on the site. 9. All areas not covered with asphalt are to be seeded to grass. The site does have grass planting areas. 10. No outside storage of car bodies, frames, fenders, hoods, or "junked cars" is to be permitted. While this has been an issue in the past, one that staff has had to address with the property owner on a number of occasions, the photos submitted show that the site is free of such items. 11. The unlicensed vehicles at the site are to be moved inside or removed from the property. Again, while this has been an issue in the past, one that staff has had to address with the property owner on a number of occasions, the photos submitted show that the site is free of such items. 12. All outside lighting is to be hooded so no glare falls on the adjacent residential area. There is a light on the southwest corner of the building that does not appear to meet this requirement. This will need to be corrected regardless of the outcome of this application. 13. All other applicable requirements of the 1983 conditional use permit (as determined by the city's building inspector) are to be implemented. The 1983 CUP was for the construction of a metal building for the storage of items associated with the auto repair shop to the north of the site. That use ceased, and the subject property was eventually allowed to be used as an auto body shop in 1991. As such, the conditions of the 1983 CUP have little to do with the use of the site as it is today. KI Auto Page 11 of 15 • • • Lion 14. The applicant must apply for all appropriate permits for previous improvements that were not paid for originally. It is believed that all permits have been obtained appropriately for improvements done to the site prior to this CUP being issued and since that date. 15. The city's building official will inspect the site in 60 days to be sure that all of the requirements have been completed. The CUP could be denied if all requirements are not completed. The site was inspected and the majority of the conditions were met at that time. Therefore the CUP was considered valid. 16. Four customer parking spaces will be allowed, two company parking spaces, and two personal parking spaces will be allowed. This is considered to be the parking requirements placed on the auto body use of the entire building /site. These were met by the 14 spaces shown on the site plan. KI Auto Page 12 of 15 • • SectoI5 CQ[t! u As this request would change /intensify the use of the site, all uses of the site must be brought into conformance with today's ordinances and regulations. As such, the conditions of approval for an Automobile Repair Shop under today's ordinance are as follows: Automobile and truck repair (including body shops) provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. As this is an existing site, it is difficult to impose this condition. b. The entire area other than occupied by buildings or structures or planting shall be surfaced with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter curb barrier, a storm water drainage system and is subject to the approval of the City Engineer. The site has bituminous surfacing and the plans include a curb barrier. However, the city has been made aware that there are existing issues with pollution control on the site. The EPA and Anoka County have been attempting to enforce pollution control measures on the site for an extended period of time and do not feel that appropriate steps have been taken. The largest concern is the control of pollutants in the stormwater run off from the parking area. Steps must be taken to separate pollutants from the water before it is allowed to leave the site. The drainage plan submitted by the applicants might help focus the run off and allow for easier filtration, but a firm plan for the filtration and maintenance of that system must be identified. c. All buildings shall provide an interior location for trash handling or an enclosed trash receptacle area in conformance with the following: 1) Exterior wall treatment shall be similar and /or complement the principal building. 2) The enclosed trash receptacle area shall be located in the rear or in a side yard which is not abutting a street. 3) The trash enclosure must be in an accessible location for pick up hauling vehicles. 4) The trash enclosure must be fully screened from view of adjacent properties. KI Auto Page 13 of 15 • r..rdinanci The site does not have a trash enclosure designated on the plans. This would likely lead to the removal of parking spaces as the location of the trash enclosure and an accessible route will take up a great deal of the existing parking area. d. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1 -15, as amended. This is a standard requirement under the MPCA, and will be enforced on an ongoing basis in cooperation with that organization. e. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. This is a standard requirement under the MPCA, and will be enforced on an ongoing basis in cooperation with that organization. 1111 f. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. • g. This is a standard requirement of the Fire Code, and will be enforced on an ongoing basis in cooperation with the Centennial Fire Department. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. Again, due to the size of the site, staff would recommend that no outside storage or display be allowed with the exception of the 5 vehicles for sale. This should not be an issue as vehicles waiting to be repaired do not constitute outside storage. h. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. The City Council should review this Conditional Use on an annual basis to determine if any modifications must be made. KI Auto Page 14 of 15 • • PUBLIC COMMENT At the time of this report, city staff had received two phone inquiries in regards to this application and one written comment. The written comment is attached to the staff report and indicates a concern over the off - street parking in the area. It also raises the concern over pollutants as well. The phone inquiries included one indicating no concern over the application and another complaint in regards to the off- street parking situation. RECOMMENDATION Comprehensive Plan Amendment The city is in the middle of a very thorough review and update of the Comprehensive Plan. At this point the draft update guides this site and some of the surrounding area as Commercial. The information that has been submitted, this staff report, and the input of residents might trigger a closer review of this area, but because of the timing of this request staff recommends denial of the Comprehensive Plan Amendment. Rezoning This site is adjacent to single family residential dwellings and the existing use is already causing compatibility issues with the neighborhood. Allowing intensification by way of the permitted and conditional uses allowed in the General Business district will potentially make the situation worse. Upon adoption of the 2030 Comprehensive Plan, the city will need to review the zoning ordinance and map to ensure compatibility with the updated plan. Until that time, staff recommends denial of the request to rezone the property at this time. Conditional Use Permit As the proposed Conditional Use would increase the non - conformity of this property and the incompatibly with the surrounding area, staff recommends denial of the Conditional Use Permit for an outdoor sales lot. ATTACHMENTS 1. Zoning Map of surrounding area 2. Land Use Map of surrounding area 3. Site Photographs submitted January 20, 2009 4. Public Comment received on February 5, 2009 5. Certificate of Survey submitted January 12, 2009 6. Site, Grading, and Utility Plan submitted January 12, 2009 KI Auto Page 15 of 15 DataViewOnline Map Page 1 of 1 909 Maple - Zoning 6861 6643 6711 PINE ST 6741 6755 8805 826! 844 862 884 908 OLWE ST 822 832 836 842 860 t` 5i, 1 564 868 874 878 ( 884 '831 843 855 W 861 OLIVE S1 ORANGE ST � � I 822 832! 842 8 1 869 X8771 885 x9071 1 ORANGE ST PINE ST 5385 8373 1 1 1 0 858 864 872 886 :867 902 871 873 ) 987 !907 --- 'MAPLE ST 874 I 892 j gp0 11 906 :908 862 fI Copyright ell SER.. 2003 a otr I 361 r —4+ / 8322 918 8277 8281 8298 8271 Legend Selected Features County Roads Interstate s Centerville City Limits City Limits Lakes Streets parcel County Park 8255 8251 824 1 13345 13307 13411 ;13305 8312 8380 URA 8340 925 b1 Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. Rural General Business ED R -1 (Single Family Residential) https://portal.sehine.com/sehsve/html/dvo/manLavontlitm '1 /4 Vlnnn DataViewOnline Map Page 1 of 1 909 Maple - Land Use 6661 E 6711 6843 PINE ST 13366 6849 I PINE ST 826 844 862 884 908 8385 OLIVE ST 1 I 822 832836 842 850' (pl) ', 1 831 1843 855 W OLIVE ST j 1 1 I Ir 860 864 868 874 8781 884 861 869 8771 885 907 I 909 1 ORANGE ST ORANGE ST 1 1 1 822 832 842 850 858 864 872 886 902 906 908 L_� I 1 1 f i) I _ 867 871 1862 873 r1 987 1907 MAPLE ST 74 892 900 8277 8271 918 1 8281 9 z j�� i lCt 1 I Cr I o/ I8351 ' q 8322 13345 13307 13411 13305 8380 8298 j / 905 8255 (f 8251 / „' 2003 8241 r' l 8312 {rf 8340 985 0 a r r -i Legend Selected Features County Roads Interstate s Centerville City Limits City Limits Lakes Streets parcel County Park Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. EDLow Density Sewered Residential Commercial ® Park httns: / /aortal. sehinc. com /sehsvc/html /dvo /manLavout.htm 7/6/76n9 SITE PHOTOS PROPERTY DESCRIPTION : The East 100 feet of the West 1600 feet of the North Half of Lot 4, AUDITORS SUBDIVISION N0. 138, Anoka County, Minnesota. cisE.G. RUB & SONS, INC. m Professional Land Surveyors WWWf.Q9COdeom 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361 -8200 Fax (651) 361 -8701 -for- K.I. AUTO BODY 909 Maple Sheet Lino Lakes. MN. 55014 Tel 651- 784 -2367 DRAWN BM DPW JOB N2 08528S 1 DA IE 01/19/09 SCANNt7 ❑ No. DATE 8ESCFIPDLW 8) Paul Bengtson From: allaillinilMagille AiSent: Thursday, February 05, 2009 4:44 PM To: Paul Bengtson; Michael Grochala; Jeff Smyser; Marty Asleson; Pete Kluegel Subject: Concerned Lino Residents... To whom it may concern, I am writing this letter on behalf of some concerned Orange /Maple Street residents. We have noticed in the last couple months that a company located at 909 MAPLE STREET (believe its called A&I Autobody) has been abusing a public parking area located on the south side of Orange Street across from the Lino Cabnet shop and Sunrise Cafe. For many years, this location was utilized for parking and loading /unloading of local residents and businesses. This is what residents knew and what they are accustomed to. In the last month or so, A &I Autobody (909 MAPLE STREET) has started parking all their employee vehicles on Orange Street and walking over to Maple Street to the A&I Autobody shop. They leave the vehicles parked their all day and essentially hinder the area useless for any other residents and business /customers that utilized this area for years. At times they take up this entire area with 7 or more vehicles. The abuse of the area is just one item that concerns us. They have basically "taken over" the area without any regard to the local residents and businesses. The particular area in question is privately plowed, cleared and maintained by a few Orange Street and businesses and has been this way for a very long time. The 909 MAPLE STREET (A&I ersidents utobody) is not contributing to the improvement and maintenance of this area and in our opinion should not utilize /abuse it as they have their own area to park on MAPLE STREET (Where there business is). They need to pay /hire someone to have their own area cleared on their property and then they can utilize their own space at 909 MAPLE STREET like they did in the past. Another more major concern is A&I Autobody (909 MAPLE STREET) also rents outdoor storage space from the neighboring building to keep & sell "SALVAGE" vehicles (apparently they have a dealership license (legal or not) and sell "Rebuilt /Salvage vehicles "). These salvage vehicles are in pieces /disassembled and leak hazardous fluids into the ground which can contaminate the ground water we all use in the neighborhood (well systems in our area). I'm sure that Lino Lakes doesn't allow any sort of "SALVAGE YARDS" or "SALVAGE AUTO SALES" without licensing /regulation. Who knows if unsuspecting buyers even know they are buying a "REBUILT" vehicle that has been filtered through and sold as undamaged. Not something we really want our neighborhood associated with. There are also many days where toxic fumes come from the property on 909 MAPLE STREET and we cant imagine what kind of paint thinners and chemicals they pour /rinse down the septic tank into our ground. Many are concerned with the health impact this company may be causing to individuals as painting /autobody work has many toxic VOC's that cause cancer, asthma and other ailments. Im sure many residents would like their water tested to see if any of these chemicals show up, as this neighborhood seems to have terrible ground water (now worse than ever in the past 20 years). The business appears way too big for the property at 909 MAPLE STREET and in the opinion of many residents, it may be time for them to look for a new location which can deal with the volume of paint /body /salvage /car sales work they do. They were once very small volume and tolerable, but now its 'just too much for our little neighborhood. It is our opinions that this company is an "outside group /non- resident" which exploits the neighborhood and does not contribute or co- mingle with the local residents. 1 Please help with the issue... Best Regards, "'Concerned Orange /Maple Street Residents. IIIIIIIIIIMIMIIIOIIIIIIIIIIIIIIIW P.S. Please forward to appropriate individuals and keep this as anonymous as possible. We don't want to start any sort of "Civil War" with anyone. You can reply to us and we will spread your responses with the concerned residents. Windows LiveTM: Keep your life in sync. Check it out. • • 2 CERTIFICATE OF SURVEY is -for- K.I. AUTO BODY 909 Maple Street lino Lakes, MN. 55014 Tel: 651- 784 -2367 PROPERTY DESCRIPTION : The East 100 feet of the West 1600 feet of the North Half of Lot 4, AUDITOR'S SUBDIVISION NO. 138, Anoka County, Minnesota LEGEND • DENOTES IRON MONUMENT FOUND AS LABELED o DENOTES IRON MONUMENT SET, MARKED RLS/ 25341 fe DENOTES SEPTIC CLEANOUT OR PIPE GI DENOTES GAS METER DENOTES POWER POLE AND OVERHEAD WIRES DENOTES EXISTING KEYSTONE RETAINING WALL —x —x— DENOTES CHAIN LINK FENCE (TYPE AND HEIGHT AS LABELLED) DENOTES 6' WOOD PRIVACY FENCE DENOTES CONCRETE SURFACE DENOTES BITUMINOUS SURFACE DENOTES EXISTING CONTOURS DENOTES EXISTING SPOT ELEVATION DENOTES DIRECTION OF EXISTING DRAINAGE X 6 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am o duly Registered Land Surveyor under the latS of the State of At nesota. DA 8 W. OBERMILLER Date: /f /o'/:79 License No. 25341. E.G. RUD & SONS, INC. mum Professional Land Surveyors www.egrud.com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361 -8200 Fax (651) 361 -8701 •11x31 /fir`: 4 N9 129 , NCE -a gore :.nw„) Isle •n _ -•...` .... R' '-a E 0110 a9r -. .9160 II 1 °ceiilule E)OSTING GARAGE n el" etc„ -.a 1111.40 aoclzc •STIN/ UILDIN (ewe zoning) 6' MOOD PRIVACY FENCE, N. 016 LINE 73 FDIC %ate S89"4T58"B.. r"a100.10 ' r670A7 nom 9r10.0rn07 GB Building a Parking Setbacks Principal Building: Front = 30 feet Side = 10 feet Rear = 35 feet Porking: Front = 15 feet Side = 10 feet Rear = 10 feet RECEIVED JAN 1 2 2009 CITY OF UNO LAKES Existing building and parking is non comforming to the Generd Business setbacks as shown. No change in existing setbacks is proposed. wsa r.a-q 1 "916.0 (zoned Crewel 0.m.) 1117.217 ▪ CHAIN ON L ON FENCE``. vIs 0111 0110 1.70 -. -. -. (Rarel zrning) ENT 1.3' 90, Er1 eft. 1 `7'0iwa -x I awls a°°w� um u mas9Surface'. :'tiro' and` utter ry10010 89°53'05" y$a- ROAD FCH i'P91 1011 11Y:HUIF'- :; .sFaT011.: YAIRSID : 79 E0 DRAWN et DWD JOB HO 08523LS (DATE: 01/12/09 CHECK BY: DW9 SCANNED 0 z 3 NO. DAZE DESCRIPTION BY (weal zonANO 0. .W�4T99pro)Va52xS10e3x1.ry I /12R609 946€2 NI Ls/ GRAPHIC SCALE w x01 rr ( IN FEET ) 1 inch - 20 ft_ VICINITY MAP PART OF SEC. 4, TWP. 31, RNG. 22 ANOKA COUNTY, MINNESOTA (NO SCALE) GENERAL NOTES 1. Fee ownership is vested in Ivan Kozhokar. Parcel ID Number. 04- 31 -22 -21 -0006. 2. Address of the surveyed premises 909 Maple Street 3 Bearings shown hereon are based on the Anoka County Coordinate System. Benchmark is Anoka County Benchmark /11• BM set it ground 41' north of Co. Rd. 14 and 57' east of old City Hall driveway. Elevation=894.642 (NGVD 29). 4. Gross boundary area of the surveyed premises-. 13,397± sq. ft. (0.31 acres) includes 30 foot road easement. Net area without R/W easement is 10,394sf (0.24± acres).- Building area to outside walls = 3,0570. Indoor office area = 128sf. There ore 5 auto body stalls In the building. 5. The City of UNO LAKES has indicated that the surveyed premises shown on this survey is currently zoned Rural. Proposed rezoning to GB (Generol Business District) with a Conditional Use Permit for Outdoor Auto Sales and under the applicable zoning regulations. and that the current setbacks are: For additional information contoct the Planning and Zoning Department at the City of Lino Lakes at (651) 982 -2400. 6. There are no,marked or striped parking areas onsite at this time. 7. The surveyed premises has access to Maple Street, a public street. 8. Utilities shown hereon ore observed. Excavations were not mode during the process of this survey to locate underground utilities and /or structures. The location of underground utilities and /or structures may vary from locations shown hereon and additional underground utilities and /or structures may be encountered. Contact Gopher State One Cali Notification Center at (651) 454 -0002 for verification of utility type and field location, prior to excavation. 9. Subsurface and environmentol conditions were not exomined or considered during the process of this survey. No statement Is mode concerning the existence of underground or overhead containers or facilities that may affect the use or development of the surveyed premises. 10. The field survey of this site was completed on January 8, 2009. 11. This survey was prepared without the benefit of title work. Additionall easements, restrictions and /or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of a current title commitment or an attorney's title opinion. 12. Due to field work being completed during the winter season there may be improvements in addition to those shown that were not visible due to snow and Ice conditions characteristic of Minnesota winters. 13. SURVEYORS .BOUNDARY NOTE: The boundary hos been determined from found monumentation. The north line is determined from monuments found on adjocent lots on either side of this site. The South line was determined from splitting monuments found on the north line of Lot 4 and the south line of Lot 4 (centerline Maple Street). The west line of our lot was determined offsetting easterly 100 feet and parallel to the west from found monumentatlon on adjacent lot. Said line bearing fits other monumentotion to the west as wet. The measured distances from said monuments to Ole west also fit well. The east line of our lot was also offset 100 feet. NORTH SITE PLAN, GRADING PLAN and UTILTITY PLAN -for- K.I. AUTO BODY 909 Maple Sheet Lino Lakes, MN. 55014 Tel: 651 -784 -2367 PROPERTY DESCRIPTION The East 100 feet of the West 1600 feet of the North Hoff of Lot 4, AUDITOR'S SUBDIVISION NO. 138, Anoka County, Minnesota. E.G. RUB a SONS, INC. Professional Land Surveyors www.egud.com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361 -8200 Fax (651) 361 -8701 (Weal Zoning) DRANK BY.: DNO .ae NO 08523LS IDA7E: 01/12 /09 CHECK BY DNO SCANNED 0 2 3 NO. DA 7E DESCRIPTION BY I hereby certify that this survey, plan or report was prepored by me or under my direct supervision and that I am a dul Registered Land Surveyor under the ill - of the Ste e o Minnesota. DANIEL W. OBERMILLER Dote: / / /.'t /Of License No. 25341 �1NNES0). r, OBERMILLER 81l ,o s __E74O` • • SITE NOTES PROPOSED STRIPING OF FIVE 9' BY 20' FOOT PARKING SPACES FOR VEHICLE SALES. EXISTING BITUMINOUS AREA EXISTS ON SITE FOR 9 ADDITIONAL STALLS. SHOWN IS 380sf OF SALES AREA FOR EACH OF 5 PARKING SPACES (380x5. 1900sf). SEE HATCHED AREA. PROPOSED ROLED BITUMINOUS CURB (OR CITY APPROVED EQUIVELANT) TO BE PLACES AT ALL NON— CURBED EDGES OF THE EXISTING BITUMINOUS SURFACE AREA EXISTING DRAINAGE TO REMAIN SAME AS CURRENTLY DRAINING. NO CHANGE TO DRAINAGE PATTERN PROPOSED. NO CHANGE IN IMPERVIOUS SURFACE AREA PROPOSED. NO CHANGES TO ANY UTILITIES PROPOSED FOR THIS PLAN. DENOTES 1900sf SALES AREA PRCPCISED 22' DENOTES PROPOSED ROLED BITUMINOUS CURB. • 0 t9 000000000 X 95x.36 car LEGEND DENOTES IRON MONUMENT FOUND AS LABELED DENOTES IRON MONUMENT SET, MARKED RLS/ 25341 DENOTES SEPTIC CLEANOUT OR PIPE DENOTES GAS METER DENOTES POWER POLE AND OVERHEAD WIRES DENOTES EXISTING KEYSTONE RETAINING WALL DENOTES CHAIN LINK FENCE (TYPE AND HEIGHT AS LABELLED) DENOTES DENOTES DENOTES DENOTES DENOTES 6' WOOD PRIVACY FENCE CONCRETE SURFACE BITUMINOUS SURFACE EXISTING CONTOURS EXISTING SPOT ELEVATION DENOTES EXISTING AND PROPOSED DRAINAGE (BOTH THE SAME) DENOTES PROPOSED GUTTER ELEVATION (SAME AS EXISTING BITUMINOUS EDGE) s4,.., .asoeaw »5tl21SVe5xleq 1/12/265 946.22 w CS1 VICINITY MAP PART OF SEC. 4, TWP. 31, RNG. 22 - ZEN ORANGE carmass-Iitr l "1SU N /ne EN mil 5 AUDITORS la DI 6 ANOKA COUNTY, MINNESOTA (NO SCALE) PROPOSED BITUMINOUS CURB DETAIL 1 -1/8e RADIUS MATCH EXIST. BITUMINOUS EXISTING BASE GRAPHIC SCALE RECEIVED JAN 1 2 2009 CffY OF LINO LAKES ( 79 FEET ) 1 inch = 20 ft. NORTH 2008 Planning & Zoning Board Year End Review O Action 1 Approved Approved Approved Approved Approved .O a) > O L Q Approved Approved Approved Distribution Approved Approved Approved 2/25/2008 0 0 0 N r 1- N 1/28/2008 4/14/2008 4/28/2008 8/25/2008 7/28/2008 8/11/2008 11/10/2008 12/8/2008 12/8/2008 11/24/2008 1 Recommendation 06 O > Q Q 03 O > Q Q (D O > Q Q f4 O > Q Q 00 O > Q 0 00 O > Q 0 N O > Q 0 03 O > Q Q 03 O > Q Q Fa O > Q Q 00 O > Q Q 03 O > Q Q' 1 Date CO 0 O CV r CO 0 0 CV r CO 0 0 CNA r 3/12/2008 4/9/2008 5/14/2008 CO 0 0 N CO o 0 N CO O o r 11/12/2008 CO Q N N r N- 11/12/2008 I Rezone, Preliminary Plat & Variance to OHWL Conditional Use Permit for a Commercial PUD; PUD Preliminary Development Plan /Preliminary Plat; CUP for motor fuel station & Conditional Use Permit for car wash Variance for existing detached accessory structure to encroah into side setback Amend Sign Ordinance text to address dynamic, changing -image signage CL C Preliminary and Final Plat Variance to Shoreland Ordinance for replacement of a sewage treatment system Amend Zoning Ordinance to accommodate Animal Control Regulations, Non - Conforming Uses, Accessory Structures located within an Easement & typographical corrections Approval of Draft 2030 Comprehensive Plan Variance to OHWL to allow for reconstruction of an accessory structure Amend the PUD to address signage standards within the Town Center Design & Development Guide Final Plat Vaughan's 1st Addition Main Street Village Muehlstedt Variance Sign Ordinance Amendment Vaughan's 1st Addition Byrne Langer Addition Fairbanks Variance Zoning Ordinance Amendment Draft 2030 Comprehensive Plan Marier Variance PUD for Legacy at Woods Edge Marketplace 3rd Addition O kiewwnS pleo8 6uluoZ pue 6uluueld 800Z Baker Minor Subdivision IDeHaven Minor Subdivision (Magill Minor Subdivision IHofineister Minor Subdivision Marketplace Building E Spinner Minor Subdivision (Luger Minor Subdivision ILatcham Minor Subdivision Timmers Minor Subdivision Ward Minor Subdivision (MacDonald Minor Subdivision Mastro Minor Subdivision Minor Subdivision Minor Subdivision Minor Subdivision (St. Paul Reg. Water Svcs) Minor Subdivision (St. Paul Reg. Water Svcs) Site Plan Review Minor Subdivision (St. Paul Reg. Water Svcs) Minor Subdivision (St. Paul Reg. Water Svcs) Minor Subdivision (St. Paul Reg. Water Svcs) Minor Subdivision (St. Paul Reg. Water Svcs) Minor Subdivision (St. Paul Reg. Water Svcs) Minor Subdivision (St. Paul Reg. Water Svcs) Minor Subdivision (St. Paul Reg. Water Svcs) 10/27/2008 10/7/2008 W N O 0 CO \ Oi N O O CO 5/30/2008 5/9/2008 4/17/2008 2/28/2008 1/24/2008 1/16/2008 0) N O 0 O 1/16/2008 nnaina 1 an!Tags!u!wpy 800Z