HomeMy WebLinkAbout07/14/2010 P&Z Packet•
CITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
Wednesday, July 14, 2010
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 MEMBER
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: June 9, 2010
• V. OPEN MIKE
VI. ACTION ITEMS
A. PUBLIC HEARING to consider Comprehensive Plan Amendment to change the
land use designation from Low Density Sewered Residential to Commercial,
Rezone from Rural to General Business, Conditional Use Permit for an Outdoor
Sales Lot, and a Variance to allow the expansion of a non - conforming structure,
in order to allow the addition of automobile sales to an existing auto repair shop
and the construction of an enclosed entrance addition at 909 Maple Street —Paul
Bengtson
B. PUD Final Plan/Final Plat for Preserve at Lino Lakes — Jeff Smyser
VII. DISCUSSION ITEMS
A. None
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
DATE
TIME STARTED„
TIME ENDED %-
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
June 9, 2010
• 6:30 P.M.
7:18 P.M.
: Michael Hyden, Perry Laden, Robert Nelson, Brian
Pogalz (Vice Chair), Michael Root, Paul Tralle
(Chair)
:
one
: Paul Bengtson
I.
CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30
p.m. on June 9, 2010.
II. APROVAL OF AGENDA
The Agenda was approved as presented.
III. APPROVAL OF MINU
Hyden made a MOTION to approve the May 12, 2010 Planning and Zoning Board
Meeting Minutes. Motion was supported by Mr. Nelson. Motion carried 4 - 0. (Root
abstain
Tralle declared Open Mike at 6:32 p.m. There was no one present for Open Mike.
Mr. Pogalz made a MOTION to close Open Mike at 6:33 p.m. Motion was supported by
Mr. Hyden. Motion carried 5 - 0.
V. ACTION ITEMS
A. CONTINUED PUBLIC HEARING to consider Amending the Zoning
Ordinance and the subdivision chapter of the City Code regarding development
DRAFT MINUTES
Planning & Zoning Board
June 9, 2010
Page 2
in environmentally sensitive areas, tree preservation, landscaping, planned unit
developments, and platting.
Associate Planner, Paul Bengtson, presented the staff report.
Ciara Schlichting, Bonestroo, gave a brief overview of the revisions that were made and
answered questions from board members.
Mr. Laden arrived at 6:38 p.m.
Staff recommended approval of the amendments to the Zoning Ordinance and the City
Code.
Chair Tralle opened the Public Hearing at 6:44 p.m. There was no one present to speak.
Mr. Pogalz made a MOTION to close the Public Hearing at 7:13 p.m. Motion was
supported by Mr. Nelson. Motion passed 5 -0.
Mr. Root made a MOTION to recommend approval of the amendments to the Zoning
Ordinance and the subdivision chapter of th e City Code, regarding development in
environmentally sensitive areas, tree preservation, landscaping, planned unit
developments, and platting. Motion was supported by M.clson. Motion passed 5 -0.
VI. DISCUSSION ITEMS
A. Outdoor sales, including farmer's markets and roadside stands
Mr. Bengtson presented the current ordinance requirements for outdoor sales and
roadside stands, and some information staff gathered on the regulation of farmer's
markets. The Board directed staff to complete further research and return with draft
language.
Building materials and architectural standards
Mr. Bengtson presentethe current ordinance requirements for building materials and
architectural standards. The Board directed staff to complete further research and return
with draft language.'
VII. ADJOURNMENT
Mr. Nelson made a MOTION to adjourn the meeting at 7:18 p.m. Motion was supported
by Mr. Hyden. Motion carried 5 - 0.
Respectfully submitted,
Dawn Bugge
Community Development Assistant
DRAFT MINUTES
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AGENDA ITEM 6.A.
STAFF ORIGINATOR: Paul Bengtson
P & Z MEETING DATE: July 14, 2010
TOPIC: PUBLIC HEARING
BACKGROUND
• Comprehensive Plan Amendment to Commercial
• Rezoning to General Business
• Conditional Use Permit for Outdoor Sales Lot (Auto)
• Variance for expansion of non - conforming structure
KI Auto - 909 Maple Street
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, the
Zoning be changed from R (Rural) to GB (General Business), and an Outdoor
Sales Lot Conditional Use Permit be approved by the City Council.
This is a similar request to that made by the applicant in February of 2009, and
withdrawn before City Council action; the difference being the inclusion of a
Variance request to allow expansion of the non - conforming structure.
•
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
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 6 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.
Section 6 Variance — Non conforming structure expansion
This section covers the proposed expansion of a building (addition
of an enclosed entry area), which is considered non - conforming to
a number of city requirements.
KI Auto
Page 2 of 18
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•
• Section 1 - Comprehensive Plan
•
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 fully approved and adopted. 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
2030 Comprehensive Plan is fully approved and adopted.
KI Auto
Page 3of18
Section 2 - Zoning
•
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.
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 18
• Section 2 — Zoning (Continued)
•
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 18
Section 3 - Conditional Use Permit — Outdoor Sales Lot
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 18
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Section 3 - Conditional Use Permit — Outdoor Sales Lot (Continued)
Use
Requirement
Factor
Spaces
10
Auto Repair
2 spaces per bay
5 bays
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 7 of 18
Section 3 - Conditional Use Permit — Outdoor Sales Lot (Continued)
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 Tots (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.
c.
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.
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 8of18
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Section 3 - Conditional Use Permit — Outdoor Sales Lot (Continued)
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 9 of 18
Section 4 - Conditional Use Permit — Existing CUP for Automobile Repair
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.
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 18
1
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Section 4 - Conditional Use Permit — Existing CUP (Continued)
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.
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.
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 18
Section 4 - Conditional Use Permit — Existing CUP (Continued)
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 18
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410 Section 5 - Conditional Use Permit — Automobile Repair (current ordinance)
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 18
Section 5 - C U P — Automobile Repair (current ordinance) [Continued]
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.
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 18
•
•
Section 6 — Variance for expansion of a non - conforming structure
The applicant received approval to attach an `eyebrow' roof structure on the
building that does not have support posts and therefore is essentially just a roof
overhang and not an expansion of the building. At that time the applicant also
partially installed an enclosed entry feature on the building. This was done
without a permit and after the Building Official informed the applicant that a
permit was required. The current installation does not meet building code
requirements.
The attached `Reference Plan', sheet S1, depicts the location of the `new entry'.
The notes on the plan were written by the Building Official prior to issuing the
permit for the eyebrow roof addition to the `pole barn building'.
The building (and site) is considered non - conforming because it is setback 24.8
feet from Maple Street, where 30 feet is required and it is 1.4 feet from the rear
property line where 30 feet is required. Additionally, the building itself does not
conform to the architectural standards for Commercial /Industrial /Institutional
Buildings.
According to the ordinance, the structure is allowed to remain on the site but may
not be expanded. The non - conforming section of the ordinance is depicted
below:
• Subd. 2. Non - Conforming Uses and Structures.
•
A. Purpose. It is the purpose of this section to provide for the regulation of
nonconforming buildings, structures and uses and to specify those
requirements, circumstances, and conditions under which non - conforming
buildings, structures and uses will be operated and maintained. The
Zoning Ordinance establishes separate districts, each of which is an
appropriate area for the location of uses which are permitted in that
district. It is necessary and consistent with the establishment of these
districts that non - conforming buildings, structures and uses not be
permitted to continue without restriction. Furthermore, it is the intent of this
section that all non - conforming uses shall be eventually brought into
conformity.
B. Provisions.
1. Any nonconformity, including the lawful use or occupation of land or
premises existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not
including expansion, unless:
a. The nonconformity or occupancy is discontinued for a period
of more than one year; or
b. Any nonconforming use is destroyed by fire or other peril to
the extent of greater than 50 percent of its market value, and
no building permit has been applied for within 180 days of
KI Auto
Page 15 of 18
Section 6 — Variance for expansion of a non - conforming structure [Continued]
when the property is damaged. In this case, the City may
impose reasonable conditions upon a building permit in
order to mitigate any newly created impact on adjacent
property.
1. Any subsequent use or occupancy of the land or premises shall be
a conforming use or occupancy. The City may, by ordinance, permit
an expansion or impose upon nonconformities reasonable
regulations to prevent and abate nuisances and to protect the
public health, welfare, or safety. This subdivision does not prohibit
the City from enforcing an ordinance that applies to adults -only
bookstores, adults -only theaters, or similar adults -only businesses,
as defined by ordinance.
2. Notwithstanding paragraph (1), the City shall regulate the repair,
replacement, maintenance, improvement, or expansion of
nonconforming uses and structures in floodplain areas to the extent
necessary to maintain eligibility in the National Flood Insurance
Program and not increase flood damage potential or increase the
degree of obstruction to flood flows in the floodway.
Staff has made an official determination that the proposed entrance addition is
above the ordinance limits in regards to expansion of a non - conforming structure.
If the Planning and Zoning Board and City Council agree with this determination,
a Variance would be required in order to allow this expansion. The findings
required in order to approve a Variance are as follows:
Findings of Fact. In considering all requests for variance or appeal and in
taking subsequent action, the City shall make a finding of fact:
1. That the property in question cannot be put to a reasonable use if used
under conditions allowed by the official controls.
The existing building has been operating as an auto body repair
shop for a number of years without the proposed addition. The
addition is tied to the desire to serve customers of the proposed
auto sales lot, which according to staff recommendations should
be denied.
2. That the plight of the landowners is due to physical circumstances
unique to his property not created by the land owner.
The land owner's desire to expand his non - conforming building
on a standard, rectangular lot is what is creating the inability to
meet the ordinance requirements.
KI Auto
Page 16 of 18
•
•
lb
• Section 6 — Variance for expansion of a non - conforming structure [Continued]
•
•
3. That the hardship is not due to economic considerations alone if
reasonable use for the property exists under the terms of the
ordinance.
Staff considers reasonable use of the property to be continued
use of the site as an auto body repair shop.
4. That granting the variance requested will not confer on the applicant
any special privilege that would be denied by this ordinance to other
lands, structures, or buildings in the same district.
The ordinance does not allow expansion of non - conforming
structures anywhere in the city, and approving an expansion of
this non - conforming structure would grant a special privilege to
this applicant.
5. That the proposed actions will be in keeping with the spirit and intent of
the ordinance.
The intent of the non - conforming section of the ordinance is to
bring all non - conforming uses and buildings into conformance
with the ordinance over time. Allowing expansion of non-
conforming uses or structures will only serve to prolong the
timeline for conformity.
KI Auto
Page 17 of 18
PUBLIC NOTICE
A public hearing notice was printed in the Quad Community Press on June 29,
2010, and direct mailings were sent out to 49 property owners within 600 feet of
the subject site on June 28, 2010.
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, or 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 final approval and 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.
Variance
Per the findings made in the body of the report, staff recommends denial
of the Variance request and immediate removal of the offending
improvements to the building.
ATTACHMENTS
1. Zoning Map of surrounding area
2. Land Use Map of surrounding area
3. Site, Grading, and Utility Plan submitted June 11, 2010
4. Reference Plan (entry addition) submitted June 11, 2010
KI Auto
Page 18 of 18
•
•
•
s Zoning Map - 909 Maple Street - KI Auto Body
Pine Street
;■I Mir NI 'I Torc. ■;■•
City of Columbus
•
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Land Use Map - 909 Maple Street - KI Auto Body
Pine Street
City of Columbus
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■4' ; 414:: .76A :;-":11'.44:-
SITE PLAN, GRADING PLAN and UTILTITY PLAN
•
for- K.I. AUTO BODY
909 Maple Street
Lino Lakes, MN. 55014
Tel: 651 -784 -2367
PROPERTY DESCRIPTION :
The Eost 100 feet of the West 1600 feet of the North Half of Lot 4, AUDITOR'S
SUBDIVISION NO. 138, Anoka County, Minnesota.
,, 99,1253
(Rural Zoning)
a
KtGl01NE
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(Karol Zoning)
6' WOOD
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••
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C:151��,E. G. RUD & SONS, INC.
977/111
C119n Professional Land Surveyors
www.egud.corn 6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
Tel. (651) 361 -8200 Fax (651) 361 -8701
(Kurd Zoning)
DRAWN BY DWO
108 NO: 08523LS I DATE 07/12/09
CHECK 95 DWO
SCANNED RI
2
3
NO.
DATE
DESCRIPTION
BY
1 hereby certify that this survey, plan
or report was prepared by me or under
my direct supervision and that 1 am
a dul Registered Land Surveyor under
0 the of the State Minnesota.
DANIEL W. OBERMILLER
Date: ///A/0 9 License No. 25341
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.
27 DENOTES PROPOSED ROLED BITUMINOUS CURB.
LEGEND
DENOTES IRON MONUMENT FOUND AS LABELED
•
O DENOTES IRON MONUMENT SET, MARKED RLS# 25341
DENOTES SEPTIC CLEANOUT OR PIPE
DENOTES GAS METER
a1W�o% DENOTES POWER POLE AND OVERHEAD WIRES
DENOTES EXISTING KEYSTONE RETAINING WALL
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 EXISTING AND PROPOSED DRAINAGE (BOTH THE SAME)
MID DENOTES PROPOSED GUTTER ELEVATION (SAME AS EXISTING
BITUMINOUS EDGE)
% E5a3R
9009 \CA9 0080. J \09523_5 \08523.dwg 1/12/2999 916.22 AP 507
VICINITY MAP
PART OF SEC. 4, TWP. 31, RNG. 22
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BASE
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MATCH EXIST.
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•
•
•
AGENDA ITEM VI. B
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: July 14, 2010
TOPIC: PUD Final Plan/Final Plat: Preserve At Lino Lakes
BACKGROUND
The City Council granted preliminary approval for the "The Preserve" in August 2006
with Resolution 06 -137. The current owner of the project has chosen the name "Preserve
At Lino Lakes ". This project is the second to implement the citywide greenway plan
through the use of a conservation and low impact development principles. While these
principles have been discussed often in Lino Lakes, only one other project (Foxborough)
has utilized them to the extent of the design for Preserve At Lino Lakes.
The Preserve is a Planned Unit Development (PUD). A PUD has two approval stages.
The `development stage plan' includes the preliminary plat and establishes the design,
conditions, and other elements for the project. The `final plan' includes the fmal plat and
other fmal specifics that must fulfill the conditions attached to the preliminary stage
approval.
ANALYSIS
The submitted fmal plat itself is generally consistent with the approved preliminary plat.
A few important revisions are necessary, however. The trail must be shown and
dedicated as park land and we are checking on one point regarding a ditch easement that
was noted by our City Attorney as part of the review of the title. The City Engineer is
preparing the development agreement. There are some pieces of information still lacking
from the application as well.
The approval of the PUD included a number of conditions to ensure implementation of
the conservation development elements. Staff and the developer are communicating on
the legal documents needed to enforce the conservation management plan. These include
the conservation easement, including conditions of the easement, and other documents.
All incomplete and missing elements must be completed before the fmal plat is brought
to the City Council for approval. We may have some of this information for the P & Z
meeting, but it was not submitted before this report was completed. We hope to have
enough by then to support a recommendation from the P & Z Board.
Project Summary
Because it has been four years since the development stage plan/preliminary plat was
approved, a short review may be useful.
Low impact or conservation development design considers conservation goals more
important than mathematical standards found in a zoning ordinance. The project was
approved as a Planned Unit Development (PUD) because standard zoning requirements
do not accommodate the natural features and the restoration plan. Mother Nature does
not design based on mathematical dimensions, so the project design focused on the
question "what is the best design ?" rather than "does this meet arithmetic zoning
requirements ?" A planned development provides the flexibility needed in order to
implement this approach.
The total site is about 54 acres with about 37 acres of wetland. Very little wetland fill
will occur (5900 sf). Most of the wetlands and some upland will be permanent open
space, an important step in the implementation of the community's greenway vision. An
overall conservation plan approved with the PUD lays out what actions must occur to
conserve and restore specified natural features of the site.
The arrangement, used for a previous project and originally envisioned for this project, is
that a homeowners association will be created that will own the open space, but the City
will hold a conservation easement over it. The association will prepare an annual
implementation plan. The City will review each annual implementation plan to make
sure it is consistent with the overall conservation plan. The City then will release funds
for the activities described in the annual plan. This requires the homeowners to work
with an ecological specialist to mange the site.
In addition to the specific activities described in the restoration and management plan,
this site is a piece of a wetland greenway system. This wetland complex continues south
and west for over a mile, and east for a similar distance. These wetlands are part of a
large watershed along County Ditch 25, which drains a significant portion of south
central Lino Lakes. It is the same wetland complex that covers parts of the Foxborough
project, which incorporated many conservation development elements to restore and
conserve the wetlands. This ditch and wetland system has been identified as a high value
ecological area. The Foxborough project was the first low impact conservation design
project because it was designed to accommodate and enhance this ecological system.
The Preserve At Lino Lakes development will be the next piece in this larger picture.
The public values being pursued with this project include the following.
a. Preserving more natural open space than required under current ordinances and
development policies:
The site includes over 37 acres of wetland, about 71% of the total property.
Implementing the restoration and management plan approved with the project
will restore and enhance large areas of wetlands and other open space.
•
•
•
•
•
•
b. Reducing the extent of impervious surfaces and size of the development footprint
Compared to standard development, road pavement will be narrower, and front
setbacks reduced. This results in less overall disturbance of the site and allows
for house pads to be farther from wetlands.
c. Restoring /enhancing ecological systems on the site as part of the development
process
The project design and the restoration /management plan include:
• preserving and protecting wet prairie remnants
• restoring native vegetation of wetlands
• removing invasive vegetation and invasive species
• re- introducing diverse, native species to wetlands
• minimizing impacts to wetlands and significant trees
• tree replacement to compensate for loss of hardwoods
• upland buffers: removing invasive species and planting native species
• serious effort to avoid significant natural features such as rare plant
populations, rare natural community remnants when designing lots and pads
d. Protecting off -site ecological systems through increased buffering
The wetlands form a large buffer from lands to the east and south The restoration
and management plan includes removing invasive species and planting and
management of native species.
e. Ensuring long -term natural resource stewardship through an endowment program
sponsored by the developer
The project includes a stewardship plan. The financial details need to be worked
out before final approval by the City Council.
f. Providing public park and trail opportunities consistent with the park and trails plan.
The project includes a boardwalk trail in the open space areas providing access
to Birch Park.
g.
Managing stormwater (flow rates and quality) using natural infiltration and
ecologically -based approaches
The project includes natural infiltration as part of the design. The `treatment
train' approach includes swales, rain gardens, and infiltration. This will improve
water quality on and off site. In addition, improving the wetlands through
restoration of native vegetation will contribute to better water quality.
h. Preserving the open space aesthetic to which community residences have become
accustomed
The project design minimizes impacts on wetlands and actually improves the
wetlands, which will be protected with a management plan.
i. Maintaining natural buffer between established and new developments.
The large wetlands along the eastern part of the site will remain as an open space
buffer for existing development.
OPTIONS
1. Recommend the City Council approve the PUD Final Plan/Final Plat, with conditions
approval to be completed prior to City Council approval.
2. Return to staff with direction.
RECOMMENDATION
At the time of this report, we had not yet received enough information to render a
recommendation. We hope that we will have sufficient information by the time the P & Z
meets to be able to make a recommendation.
•
•
•
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