Loading...
HomeMy WebLinkAbout12/09/2009 P&Z Packet• CITY OF LINO LAKES • • PLANNING & ZONING BOARD MEETING Wednesday, December 9, 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. APPROVAL OF AGENDA III. APPROVAL OF MINUTES: November 11, 2009 IV. OPEN MIKE V. ACTION ITEMS A. PUBLIC HEARING to consider Conditional Use Permits for automobile & truck repair and for accessory indoor retail at 7317 Lake Drive — Paul Bengtson VI. DISCUSSION ITEMS A. None VII. 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 DATE vIE START] ENJ ERS PRES ovember 18, 2009 37: 37 P. • Elizabeth Brady, Michael Hyden, Per Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root, Paul Tralle (Chair None • Bengtson, Michael C Ji m Studenski SI yse I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:37 p.m. on November 18, 2009. II. APROVAL OF AGENDA The Agenda was approv presented. III. APPROVAL OF MINU'I' October 14, 2009 Mr. Hyden made a MOTION rove the October 14, 2009 Minutes. Motion was supported by Mr. Nelson. Motion carried 6 - 0. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:38 p.m. Mr. John Freimuth, 7381 Jon Ave, stated that he is interested in moving three businesses into the city. Through his discussions with city staff, he was informed that one business does not fit into the existing zoning for the property. This business is an appliance and recycling company, and city ordinance does not allow junk yards in the zone he is interested in. The building he is looking at is located at 6931 Lake Drive, formerly Bill's Rental Center. Mr. Freimuth explained that his business is specifically a recycling collection center. He is licensed to collect appliances that involve hazardous waste, such as refrigerators with freon, compressors with oil, and fluorescent bulbs with mercury. He would store all items inside and follow proper disposal procedures for all items. He is DRAFT MINUTES Planning & Zoning Board November 18, 2009 Page 2 also a licensed insurance agent, and the building has an 800 sq. foot office with a basement. He would run a data storage company to store data for websites, but the city did not have issues with the part of his business. He stated that the recycling business would be open to the public, and he would be able to accept many items free of charge. He has state, county and federal government permit approval for recycling as well as a hazardous waste generator license and freon license. He accepts appliance deliveries about two to three times per week from a 20 -yard roll -off. He currently runs his recycling business in Columbus. He is aware that additional work would need to be done to the existing building. He is interested in moving into the site as soon as possible. He would like to get city approval and purchase the building befor G@ draft Comp Plan is adopted and goes into effect. He knows that the sprinkler s m is sufficient, and he would speak to the fire department about the possibility • ;everting to a dry pressure system. Paul Bengtson, Associate Planner, explained that cation of th 'Ming crosses the property line of the adjoining lot. Mr. Freimut `would\ need to comb' ithe lots, or remove the back portion of the building th • sses the of line. He stated the parking area should also be combined. Mr. Freimuth responded that he is interested in purchasing both lots. The Board asked what would be n for a recycling company to be allowed. Mr. Bengtson stated that the interpre „'on b ' e oiling ordinance is that this use qualifies as a junk yard. An applicant eques ge, and the city would then have to consider all possible effects. Mr. Freimuth would like to occupy and fix improvements if he is financially able. He considerable screening. `\ ,, xisting building and make future ware that the site would require Jeff Smyser, City Planner, reminded the board that the Comprehensive Plan Advisory Panel considered this site a gateway area to the city. Therefore, they guided the site for commercial use in order to facilitate higher value development there that could finance extending city utilities to the site Chair Tralle oomme =d that this piece of property has been vacant for some time, and felt that Mr.yu. could work with the city to improve and use the site. Otherwise, it may remain un fted for a long time. He pointed out the importance of a positive business owner interested in an unused site. Staff explained that an application would have to be submitted to the city, along with appropriate fees and an escrow deposit. Review could potentially take up to six months before the site could be used. Mr. Freimuth stated that he was looking for direction from the board before making a financial investment. DRAFT MINUTES • • • • • Planning & Zoning Board November 18, 2009 Page 3 The majority of board members agreed that they were generally in favor of this type of use in the city, but not necessarily at this particular location. Board members pointed out that this is a "gateway" location to the city. The Board suggested that Mr. Freimuth could consider a different property. Jason Snyder, 7090 20th Ave S., owner of Bobby & Steve's Auto World, is interested in a bigger sign on the freeway. He has been speaking with city staff and is hoping that the board is interested in helping an existing business succeed. He would like to be allowed a 65 -foot high sign. He pointed out that the previous owner, Joan Tschida, put in a request for a 65 foot sign and was denied, and she went out of business. He is looking to be more visible from the freeway, and considers himself to be a freeway business. Mr. Bengtson stated that the existing sign is the maximum size allowable by ordinance. The motor fuel station site is separated from the freeway by a small parcel and road right - of -way, therefore the site is not considered to be adjacent to the freeway. Mr. Bengtson also pointed out that property owners are not allowed off premise signs. majority of board members agreed that they would generally be in favor of allowing increased sign height in relation to the freeway. Mr. Bengtson stated that a variance to the sign ordinance would not be allowed, therefore the existing ordinance would need to be amended. Mr. Snyder was directed to apply for an amendment if he wished to procee Mr. Pogalz made a MOTION to close Open Mike at 731 p.m. Motion was supported by Mr. Laden. Motion carried 6 - 0. V. ACTION ITEMS A. Itin VI. DISCUSSION ITEMS A. CSAH 34 (Birch Street) Corridor Study — SRF Consulting Group and Anoka County Brian Shorten and John Hagen of SRF Consulting Group, and Jack Corkle of the Anoka County Highway Department, were present to update the board on the progress of the CSAH 34 Corridor Study. Mr. Shorten made a presentation to explain the process and progress. They will return to the city to make future presentations. The goal of the study is to plan and develop CSAH 34 to function as a safe east -west minor arterial. Objectives include improving safety, improving mobility, and coordinating transportation improvements and land use plans. The study is approximately 2/3 complete. DRAFT MINUTES Planning & Zoning Board November 18, 2009 Page 4 A vehicle trace study was conducted and results showed that the majority of traffic on CSAH 34 has a local purpose. Traffic modeling resolved that improvements to County Road J would have little impact on CSAH 34 traffic volumes. Additional capacity on County Road J will not redue the need for CSAH 34 improvements. Proposed corridor improvements will be staged over the next 20+ years. Improvement sequencing will be triggered by safety and capacity needs, amount of corridor development, available funding, and benefits from interim improvements. Possible staging scenarios were discussed. County access spacing guidelines were discus; and two -way left -turn lanes were considered; . Safety benefits such raised medians Mr. Shorten described access modification strategies. A set of guidelines was developed to determine when access modification will be undertaken. Access modification guidelines include: 1. Raised medians constructed with all new traffic signals 2. Painted medians and turn lanes will be used until otherwise necessary 3. Raised medians implemented more extensively with new road construction 4. Painted medians used until issues require the extension of the raised medians Current access will be maintained until traffic, safety and congestion needs arise or as improvements are constructed. Jack Corkle stated that feedback has shown that residents do not want to see a four -lane roadway overnight. Residents want a gradual increase of change only as it becomes necessary. This corridor offers more flexibility than many other in the twin cities area, with different funding sources. Without available money, improvements will need to be made in stages. In areas where there is not an anticiped area of change in development, improvements can be staged to the future. Ms. Corkle explained that cities and counties have no authority to change speed limits. Birch Street is currently set at 50 mph and was previously 55 mph. An 85th percentile of current traffic speed is what is used to set or change a speed limit. It is anticpated that the speed will drop on the western end with an increase of traffic. Ms. Corkle discussed the funding process, explaining that it is hard to get money right now. The county applies for grants to fund many of its projects. A Highway Safety Improvement Program offers up to two million dollars, but is competitive throughout the metro area. As part of the process, they must go through a benefit cost analysis, which is based on crash history, the number and severity of crashes. There needs to be a number DRAFT MINUTES • • • • Planning & Zoning Board November 18, 2009 Page 5 of injury accidents to score well, and this roadway would probably not score well. The county is always creative in trying to find new funding sources. Ms. Corkle added that the existing road would not meet the state standard for two -way turn lanes. She added that two -way turn lanes are not as safe on a high -speed roadway, as head on crashes would be quite dangerous. VII. ADJOURNMENT Ms. Brady made a MOTION to adjourn the meeting at 8:37 p. by Mr. Pogalz. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant Motion was supported DRAFT MINUTES • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: December 9, 2009 TOPIC: PUBLIC HEARING Conditional Use Permits Automobile and Truck Repair (Motorcycle Repair) Accessory Retail Sales The Boarhouse' at 7317/7319 Lake Drive BACKGROUND The property at 7317/7319 Lake Drive is 43,584 square foot in area and is currently developed with an 8,694 square foot building. The owner of the building operates an Automobile Repair Shop (Don's Circle Service) out of the majority of the building. That use was approved by the City Council via a Conditional Use Permit on 9/22/1997. That conditional use permit was only for a portion of the structure, so the owner is now requesting that another Conditional Use be approved for the remaining portion of the building which will allow The Boarhouse' to relocate to Lino Lakes from Lexington. Additionally, since some parts sales are anticipated a second Conditional Use Permit for accessory retail activity is being requested. A survey with grading and proposed lot improvements was submitted on December 3, 2009. This plan sheet has not been completely reviewed by staff, and comments will be forthcoming. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Auto Body Shop Industrial Light Industrial North Vacant Industrial Light Industrial South Contractor Industrial Light Industrial East Single Family Dwellings Church Low Density Sewered Residential Public / Semi - Public R -1 (Single Family Residential) R -3 (Medium Density Residential) West Ponding Public / Semi - Public Public / Semi - Public Automobile and Truck Repair (Motorcycles) The applicant has proposed to operate an Automobile and Truck Repair facility specializing in motorcycle repair. This use requires a conditional use permit in the LI (Light Industrial) zoning district. In addition, they would like to be allowed to sell some accessories that they will not always be installing on site. This proposed use of Accessory Retail Sales also requires a conditional use permit in the LI (Light Industrial) 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 guides this site for Industrial development and the draft 2030 plan does as well. This uses proposed will therefore be consistent with the Comprehensive Plan. b) The proposed development application is compatible with present and future land uses of the area. The proposed uses are extremely similar to that which already occurs on the site; therefore the present and future land uses of the area should not be adversely affected. c) The proposed development application conforms to performance standards herein and other applicable City Codes. Staff believes that with some improvements to the parking area, the site will meet the performance standards required by city regulations. d) Traffic generated by a proposed development application is within the capabilities of the City. The proposed uses do not pose a significant increase in traffic generation. e) The proposed development shall be served with adequate and safe water supply. The property was connected to city water when the fire suppression system was installed about ten years ago. The Boarhouse Page 2 of 7 • • • • f) The proposed development shall be served with an adequate and safe sanitary sewer system. • • g) The property has a holding tank system as the site does not have adequate land for a treatment system and is not immediately adjacent to sewer mains. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. Staff cannot identify any reason why these uses would require any capital improvements on the part of the city. 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. Staff finds that there should not be any issues with the uses so long as all activities are conducted inside the building, with all doors closed and the hours of operation are limited to normal business hours. i) Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Staff cannot identify any natural, scenic or historic features on this site. In addition to those considerations, the specific conditions listed with this use are as follows: 1. Automobile and truck repair 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 within a reasonable distance of the lot. The building is existing, and the addition of this use to the site will not cause any impairment or blight. The Boarhouse Page 3 of 7 b. All building materials and construction including those of accessory structures must be in conformance with Section 3, Subd. 4.D. of this Ordinance. The building is existing, and the exterior is not proposed to be changed with this proposed use. c. Not less than twenty -five (25) percent of the lot, parcel or tract of land shall remain as landscaped green area according to the approved landscape plan. The site is existing, and while it does not meet this requirement, the ponding area to the west was a part of this site originally before being sold /swapped to the school district. d. 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 applicant has submitted plans which are being reviewed by the City Engineer, staff has every confidence that a paving plan can be agreed upon and implemented in the spring. e. 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. The building provides ample room for trash receptacle areas, this approval will include this requirement as a condtion. The Boarhouse Page 4 of 7 • • • • • • f. 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 particulated matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1 -15, as amended. g. If painting is to be accomplished on the site, the owner of the business will be required to comply with MPCA standards. 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. The MPCA and Anoka County will both monitor and license this use as appropriate. h. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. The Centennial Fire Department will work with the applicant to confirm that they are meeting all applicable fire codes. i. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. The site is currently used for storage above and beyond customer vehicles waiting for repair. This was a condition of approval for the original CUP and will be a condition of approval for the new CUP. As such the site should be cleaned up immediately. Off - street parking shall be in conformance with Section 3, Subd. 5. of this Ordinance and a loading area or berth shall be provided in conformance with Section 3, Subd. 6. of this Ordinance. The entire lot provides parking areas, as this use will focus on motorcycles, the parking will be more than adequate to serve the business. The Boarhouse Page 5 of 7 k. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a form request, finds that the general welfare and public betterment can be served by modifying the conditions. Staff is recommending a regular review of this use to determine if any modifications are necessary. 2. Accessory, indoor retail, rental, or service activity other than that allowed as a permitted use or conditional use within this section, provided that: a. Such use is accessory and related to the permitted industrial use allowed within the LI District. The proposed Conditional Use Permit for Automobile and Truck Repair would establish that as a permitted use on the site, and sales would be restricted to the accessories related to motor vehicles. b. Such use does not constitute more than thirty (30) percent of the gross floor area of the principal building. As no floor plan was submitted, staff recommends a condition of approval that restricts the sales area to no more than 30 percent of the lease space. ADDITIONAL BACKGROUND Staff contacted both the City of Lexington and the Centennial Lakes Police Department, and neither organization had any records of zoning /ordinance violations related to this business at its current location. The Boarhouse Page 6 of 7 • • • • • • RECOMMENDATIONS The finding of facts, along with the following conditions supports approval of the requests: 1. The Conditions associated with both Automobile/Truck Repair and Accessory Retail Sales shall be attached to the approval of the Conditional Use Permits and must be complied with at all times. 2. The comments made by the City Engineer shall be addressed prior to the City Council consideration of this request. 3. The paving and curb required on the rear of the lot shall be completed by June 1, 2010, and appropriate financial securities shall be submitted to the city to guarantee that the work is completed. 4. Hours of Operation for this use shall be limited to 7am — 7pm Monday through Saturday and 9am — 5pm on Sunday. 5. All repair or installation work shall be completed inside the building with all doors closed to limit impacts on the surrounding area. ATTACHMENTS 1. Zoning Map of surrounding area 2. Certificate of Survey submitted December 3, 2009 The Boarhouse Page 7 of 7 DataViewOnline Map Page 1 of 1 The Boarhouse - CUP Application ILAC ST` LILAC ST__ LILAC ST: 12 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. https://portal.sehinc.com/sehsvc/html/dvo/mapLayout.htm 12/3/2009 • • • • TOPOGRAPHIC SURVEY w/ Proposed Curb and Bituminous Plan GENERAL NOTES - Field survey was completed by E.G. Rud and Sons. Inc. on 11/23/09. - Bearings shown are on on assumed datum. - Curb shots are taken at the top and bock of curb. - This survey was prepared without the benefit of title work. Additiond easements, restrictions and /or encumbrances may exist other than those shown hereon. Survey subject to revision upon receipt of o current title commitment or an attorneys title opinion. - Lot area per found monumentation 43,594p1 (1.0 Acres) - Pin / 17- 31 -22 -33 -0049 LEGEND Denotes Existing Grovel Denotes Existing Bituminous ,® Denotes Proposed Elevation. Denotes Direction of Drainage. • Denotes Iron Monument Found pD Denotes Storm Sewer Manhole Denotes Storm Sewer - * -• -•- Denotes Existing Fence CONSTRUCTION NOTES - ALL PROPOSED CURB TO BE TIPPED OUT. - PROPOSED ELEVATIONS ON CURB ARE AT TIP OUT. - PROPOSED CURB TO MATCH EXISTING AS CLOSE AS POSSIBLE AND VARIFIED WITH OWNER. SEE DETAIL APPROVED GRANULAR SUBBASE AS DETERMINED BY GEOTECHNICAL ENGINEER APPROVED A. BASE MATERIAL AND THICKNESS AS DETERMINED BY GEOTECHNICAL ENGINEER. 3 BITUMINOUS WEAR COURSE TO BE INSTALLED. PROPOSED ELEVATIONS IN PARKING ARE TO FINISH GRADE. BACK OF CURB 15 SET AT 5' FROM PROPERTY LINES (per city code). BACKFILL CURB AS NEEDED. NO STRIPING PROPOSED. I hereby certify that this survey, pion or report was prepared by me ar under my direct supervision and Not 1 am a duly Registered Land Surveyor under the lows of the State of Minnesota. DANIEL W DBERMILLER Dote' License Na. 25341 I r E.G. RUN st SONS, INC. 2S"" Professional Land Surveyors Nrww.egn..com 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361 -8200 Fax (651) 361 -8701 sa l f /441 A IL I e it' i nremv a 41 1 / k • / e D a AL / y iil / AL r, 9. 114 Nha CO 8 , -for- Don's Circle Service 7319 Lake Drive Lino Lakes, Mn. 55014 Phone: 651 -785 -2181 GRAPHIC SCALE (Di 0000 ) 1 inch - 20 R • / a� S m`x 22c6. 2 2 423 5' 'Wes EMT PIP tia fq DRAM R_ Pro .IGe No, 004050SIDA0:12/02/Da 04000 BY. One SCANNED 2 0210 005000nON ST SMUenrw1,09p -o 100995sl4P+e9 lerermn 0000.39 1111 001 lr Ia OU1 ai e Y• • PROPOSED CURB AND GUTTER IC -WC NORTH RECEIVED LJ, 3 2009 CITY OF ? . NO LAKES