HomeMy WebLinkAboutPZ Packet; 8-23-10The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, august 23, 2010, at 7°00 p.m.
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. None --minutes from July 12 and July 26 of 2010 will be submitted at a future
meeting.
4. Public Hearings
a. Conditional Use Permit— Cranky Ape Consignment Recreation Vehicle Sales.
A request to establish an open sales lot at 9200 Hudson Boulevard (the former
Link Recreation building)
5. Business Items
a. Distribution and Discussion: A Citizen's Guide to Influencing Local Land Use
Decisions
6. Updates (Verbal)
a. City Council;
i. August 17, 2010 Meeting: Final Approval of Comprehensive Plan
Update; SSTS Ordinance
b. Staff Updates
c. Commission Concerns
7. Adjourn
Planning Commission
Date: 8/23/10
PUBLIC HEARING
Item: 'qA
ITEM: Conditional Use Permit Amendment: Consideration of an application from
Cranky Ape to allow an open sales lot for the outdoor display of
merchandise such as motorhomes and ATVs at 9200 Hudson Boulevard.
SUBMITTED BY: Kelli Matzek, City Planner
REVIEWED BY: Kyle Klatt, Planning Director �Lkk
SUMMARY AND ACTION REQUESTED
The Planning Commission is being asked to review a request from the Cranky Ape company to
allow the outdoor display of merchandise for public viewing at 9200 Hudson Boulevard. The
applicants run an online auction for recreation vehicles and this site would be one in which
potential buyers could view before they bid as well as pick it up when it is bought. The products
are reclaimed items such as motor homes, boats, ATV's and RVs that are bought from entities
such as banks or insurance companies and then prepped for sale.
ADDITIONAL INFORMATION:
The 9.95 acre parcel is located along Hudson Boulevard and is guided for future sewered
development in the Lake Elmo Comprehensive Plan, This property is unique in that it Is one of
just a few properties utilized for commercial purposes, but is in a holding district expected to be
developed for sewered residences. The zoning district HD- GB -SRD (Holding District - General
Business - Sewered Residential Development) specifically allows the properties to continue the
uses allowed in the General Business zoning district — both permitted and conditionally permitted
— including an open sales lot.
The applicants are not proposing to make any external changes to the site
The attached Staff report includes a detailed review of the application along with a Staff
recommendation.
RECOMMENDATION:
Staff is recommending that the Planning Commission recommend approval of the CUP request
from Cranky Ape to allow an open sales lot for the outdoor display of merchandise at 9200
Hudson Boulevard,
ORDER OF BUSINESS:
Introduction ............................................. ............................... Kelli Matzek, City Planner
Report by staff- ... ................ ............................................ ... Kelli Matzek, City Planner
Questions from the Commission .... ............................... Chair & Commission Members
Applicant Comments... ......... ...................... ...... ____ ....................... Chair facilitates
Questions of the Applicant ............. ............................... Chair & Commission Members
Open the Public Hearing ........ ...............................
Close the Public Hearing ........ ...............................
Call for a motion ..................... ...............................
Discussion of Commission on the motion .............
Action by the Planning Commission ......................
ATTACHMENTS:
1. Staff Report
2. Applicant's Site Plan Submittal
3. Applicant's Narrative on Business Operation
................. ............................... Chair
................. ............................... Chair
.............................. Chair Facilitates
.............................. Chair Facilitates
....... Chair & Commission Members
City of Lake Elmo Planning Department
Conditional Use Permit Request
To: Planning Commission
From: Kelli Matzek, City Planner
Meeting Date: 8/23/10
Applicant: Cranky Ape; Brian Livingston
Owner: Midwest Recreational Clearinghouse (MRC)
Location: 9200 Hudson Boulevard
Zoning: HD- GB -SRD
Application The City of Lake Elmo has received a request from the company Cranky Ape to allow
Summary: the outdoor display of boats and recreational vehicles at 9200 Hudson Boulevard. The
company advertises primarily through an online auction website. The conditional use
permit application is for an open sales lot.
Property
/Historic
Information:
The 9.95 acre site currently has two buildings which were constructed in the 1970's.
A Special Use Permit from the 1970's allowed gravel mining in the rear portion of the
site which is no longer in operation. In 2004, the City Council approved a Conditional
Use Permit and Section 520 Site Plan to convert the site and structures to a Family
Entertainment Center. That project was abandoned and the Link Recreational
dealership then moved in to the buildings.
The site contains the aforementioned structures (separated by 60 feet) in the southeast
one - quarter (closest to Hudson Blvd.). The north one half of the site (the portion that
was previously "mined ") is currently vacant.
The 9.95 acre parcel is located along Hudson Boulevard and is guided for future
sewered development in the Lake Elmo Comprehensive Plan. The zoning district HD-
GB-SRD (Holding District- General Business - Sewered Residential Development)
limits the ability of the property to subdivide at less than 20 acres (not applicable for
this site due to land area), but also specifically allows the properties to continue the
uses allowed in the General Business zoning district —both permitted and
conditionally permitted.
The applicants are not proposing any improvements to the site. Some internal
remodeling may occur to utilizing the buildings, which is administratively permitted.
No plans have been presented for external improvements to either of the existing
Applicable
Codes:
buildings on the site.
The applicant has stated their intent to use the smaller building as an area to prep
(clean and fix up) the merchandise before sale. The products are reclaimed items that
are then bought from entities such as banks or insurance companies. The larger
building is proposed for an internal display, which is outright allowed by code.
The outdoor display of merchandise requires a CUP as an open sales lot in the GB
zoning district.
The City currently holds a grading escrow in conjunction with a grading permit
application that was submitted by the previous owners — Link Recreational. The City
believes that the grading was never completed, but is not required for the site to be
utilized. The applicant's are proposing to leave the area graded as-is. If additional
outdoor display area is requested in the future, a CUP amendment will be required in
addition to a grading permit.
Section 154.054 HD- GB -SRD (Holding District — General Business — Sevvered
Residential Development)
Identifies the property as being guided for a future sewered use in the
Comprehensive Plan.
(C) Permitted uses. Permitted uses and the general requirements of such in the
IID- GB -SRD Zoning District shall be the same as in the General Business (GB)
Zoning District,
Section 154.051 GB (General Business)
(A. 5) Uses allowed by conditional use permit
Open Sales Lot
(6) General requirements.
(a) All storage, services, repair or processing shall be conducted wholly
within an enclosed building or behind opaque fence or wall not less than 6 feet high,
except the outdoor display of merchandise;
(c) Where a proposed GB development abuts on RR, R -1, R -2, R -3, R -4,
or RE district other than at a public street line, buffer provision shall be established.
There shall be provided a protective strip of not less than 35 feet in width. The
protective strip shall not be used for parking, off- street loading or storage and shall be
landscaped. The protective strip must be approved by the Council as being in
harmony with the residential neighborhood and providing sufficient screening of the
commercial area;
_ „u� .a7„ .. r'.1� �, Je•.. r, r, afoc
Section 154.018 Conditional Use Permits.
(A) Granting/Denial. Outlines the general requirements for all conditionally
permitted uses in Lake Elmo,
Section 154.095 Off - Street Parking.
Contains the City's requirements for the general provisions and design and
maintenance of off - street parking areas. The section of code includes landscaping,
lighting, setbacks, size, signage, and various other requirements.
Wings & General Site Overview
Site Data: I Lot Size: 9.95 acres
Existing Use: Vacant Commercial Buildings (2)
Existing Zoning: HD -GB -SRD — Holding District — General Business — Sewered
Residential Development
Review:
CUP Review:
The applicant is requesting approval a conditional use permit to allow an open sales
lot. The outdoor display of merchandise will include recreational vehicles such as
motor homes, automobiles, ATVs, and snowmobiles. The area identified on the
applicant's map is the proposed location of the outdoor display. Although a majority
of the outside display is located behind a second fence, the applicants intend to allow
the public to view the merchandise during normal business hours in that location.
Because of this distinction, staff would interpret this to be an outdoor display rather
than storage.
Landscaping /Buffer
The city code requires that a 35 -foot buffer be established between certain uses on this
property and any adjacent property zoned RR. The properties to the north and west of
this site are zoned HD -RR -SRD and would therefore qualify for this additional
requirement.
In 2005, Link Recreational submitted a landscaping plan which was reviewed and
approved for a similar commercial use on this site. The city code requires a
"sufficient screening" of the commercial use to adjacent residential properties. The
landscaping plan provided in 2005 was either not finished or the landscape material
has died off on the north and northwest side of the property. Staff is recommending
additional landscaping be added as a condition of approval on the north and northwest
side of the property to be in compliance with this regulation.
Conditional
Use Permit
Criteria:
Lighting
No changes are being proposed.
Signage
The applicants will be required to meet the sign regulations set forth in city code.
Grading
Staff found that an escrow is still being retained by the city from the previous owner.
The escrow was collected in 2005 when a grading permit application was submitted to
the city for this site. The city engineer will be visiting this property and providing the
planning department with a report regarding the current grading of the site. Staff
believes the proposed grading never occurred. The engineering review will verify that
the work was not completed and that there are no drainage issues on the site.
Staff is not proposing any additional requirements for grading on this site (pending
confirmation by the engineer's report) as the applicants are intending to use the site as-
is.
Reviewing this request requires that all general CUP criteria be examined. For these
types of applications, the burden is on the City to show why the use should not be
permitted due to impacts that cannot be controlled by reasonable conditions.
1. Effects on the health, safety, morals, convenience, orgeneral welfare of
surrounding lands.
This property is currently zoned HD- GB -SRD and has been utilized for commercial
purposes (including mining) over three decades. The property directly to the east is
also utilized for commercial purposes. The location of the property adjacent to I -94
(and Hudson Boulevard) make this a reasonable use of this property.
The properties to the north and west are used for agricultural purposes or a
combination of rural and rural type businesses. Allowing this use (which is similar to
the previous use as boat display and storage) would not negatively affect the health,
safety, morals, convenience, or general welfare of the surrounding properties.
Staff fords that this criterion is met.
2. Traffic & Parking conditions.
The location of this property in proximity to Interstate 94 and the city's original intent
of allowing commercial uses on this property allow for the reasonable accommodation
of future traffic that could be expected with this type of commercial use.
The 9.95 acre site has ample room for additional parking if it is needed. As it
t, ��,
currently stands, there are 86 parking spaces identified as "overflow parking."
Because the company focuses on online sales, the amount of traffic expected to the
site is less than that of a traditional sales lot.
Staff finds that this criterion is met.
3. Effects on utility and school capacities.
The proposed use for the site would not generate a demand on utilities beyond that
expected by the city for a typical commercial property.
No additional school age children will be added to the city through this site to create
any further demand on school capacities.
Staff finds this criterion is met.
4. Effect on property values of surrounding lands.
Staff is proposing a condition of approval requiring additional landscaping be added to
comply with the approved landscape plan submitted by Link Recreational (or a
reasonable alternative landscape plan should the applicant choose to submit one). This
visual buffer/barrier between the commercial use and the future sewered residential
properties to the north and west will create a more harmonious and compatible border.
The proposed use will be "effectively screened."
Staff finds this criterion is satisfied.
5. Effect of the proposed use on the Comprehensive Plan.
This property is unique in that it is one of just a few properties in a zoning district
designed specifically for properties expected to be developed for sewered residences.
Although this property is guided for residential development in the future, the city
made the determination in the creation of the holding district that the uses identified in
the previous zoning district (in this case GB) should continue to be allowed — both
permitted and conditionally permitted.
For this reason, staff finds this criterion is satisfied.
Conditional Based on the above analysis of the review criteria in City Code, staff recommends
Use Permit approval of the CUP request by Cranky Ape to display merchandise outdoors at 9200
Conclusions: Hudson Boulevard.
Resident I' City staff is not aware of any resident concerns regarding this application.
Concerns:
,VAr 'ml
Additional None.
Pn formation:
Conclusion:
Commission
Options:
Staff Rec:
The City of Lake Elmo has received a request from the company Cranky Ape to allow
the outdoor display of boats and recreational vehicles at 9200 Hudson Boulevard. The
company advertises primarily through an online auction website.
The Planning Commission has the following options:
A) Recommend approval of the conditional use permit request;
B) Recommend denial of the conditional use permit request.
Staff is recommending approval of the conditional use permit request for an open
sales lot at 9200 Hudson Boulevard based on the reasons stated above with the
following condition:
Additional landscaping must be added by the applicant to comply with the
original landscaping plan approved for the property. A revised landscape plan
shall be submitted for review and approval by the Planning Director. No
parking or storage of vehicles shall be permitted within the rear portion of the
property (north of any buildings on the site) until the landscaping has been
installed per the approved plan.
Denial To deny the request, you may use the following motion as a guide:
Motion
Template: I move to recommend denial of the CUP request by the company Cranky Ape for
an outdoor sales lot ... (please site reasons for the recommendation)
Approval
Motion
Template:
To approve the request, you may use the following motion as a guide:
I move to recommend approval of the CUP request by the Cranky Ape company
based on the findings provided in the staff report ... (or cite your own)
...with the condition outlined in the staff report.
cc: Brian Livingston, Cranky Ape
❑ Comprehensive Plan Amendment ❑ Variance * (See below)
❑ Zoning District Amendment
❑ Text Amendment
❑ Flood Plain C.U.P.
Conditional Use Permit
Aconditional Use Permit (C.U.P.)
APPLICANT: �!
(Name)
❑ Minor Subdivision
❑ Lot Line Adjustment
❑ Residential Subdivision
Sketch/Concept Plan
❑ Site & Building Plan Review
e3 S.�- 32t]T4.
(Mailing Address)
Fee -`1(-
❑ Residential Subdivision
Preliminary /Final Plat
O 01 - '10 Lots
O 1 I - 20 Lots
O 21 Lots or More
❑ Excavating & Grading Permit
❑ Appeal
❑ PUD
(Zip)
TELEPHONES: ( S-1 - Sol- _Sal- 3-� �I1�.� 051 -r�U f 1901,' so
(Home) (Work) (Mobile) (Fax)
FEE OWNER: bP i *,
(Name)
TELEPHONES: t-7
(Home)
(Mailing
(Work)
(Zip)
PROPERTY LOCATION (Address and Complete (Long) Legal Description): 'IM(J R-LDS-rJ IIL IJ6 �J,
L
X
DETAILED REASON FOR REbUEST: va,rtNr%tst < T_ORA h 3, ?�—Nr, X
*VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must
demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows:
In signing this application, I hereby acknowledge that I have read and fully
Zoning and Subdivision Ordinances and current administrative procedures,
add'' al a, nlication ex ense
rt�
ig lure of Applic -Date Sig
the,a�'plica�le provisions of the
-)-)-1162
REtfiTIVED
10/12003 Cit}, of Lake Elmo • 3800 Laverne AvenueNonh • Lake Elmo - 55042. 651- 777 -5510 • Fax 651-177-961JUL 13
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Business Activity Narration
Midwest Recreational Clearinghouse (MRC) has been in business since
2001. The company has warehouses in Arizona, California, Indiana, Georgia,
Florida, Minnesota, Nevada, Texas, and Wisconsin. MRC is a re- marketer of
insurance repairable and bank - repossessed powersport /recreational equipment.
The Crankyape.com website provides these items for purchase by the general
public via an online electronic bidding system. Common inventory items found on
the auction site include Motor Homes, automobiles, ATVs, snowmobiles,
watercraft, and trailers.
The basic business process for MRC involves taking physical possession of
an assigned unit and selling it on the CrankyApe.com auction site. The consigning
company (typically a bank, insurance company, or registered dealer) will submit an
assignment to MRC via telephone or over the internet on our vendor site. MRC
will schedule to pick the unit up wherever it is located, and transport it back to our
nearest warehouse. The unit is then prepped and displayed for auction/sale.
The auction unit will remain on the CrankyApe.com website for 5 -10 days,
with a specified date and time that the electronic auction closes. At the time of
closing, the unit is deemed sold to the current high bidder. The high bidder then
has 3 days to remit payment to MRC's Minnesota location and retrieve the auction
unit from the MRC location it is being displayed at.
The available units are displayed at the physical locations and are available
for viewing leading up to and during the actual auction.
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Planning Commission
Date: 8/23/10
Informational item Discussion
Business Item
Item: 5a
ITEM: General Discussion Concerning a 1,000 Friends of Minnesota Guidebook: A
Citizen's Guide to Influencing Local Land Use Decisions
SUBMITTED BY: Kelli Matzek, City Planner
REVIEWED BY: Kyle Klatt, Planning Director �-t"
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider and discuss a document prepared by the 1,000
Friends of Minnesota Organization called: A Citizen's Guide to Influencing Local Land Use Decisions.
This document was written to help individuals better understand the planning process and how to
effectively participate and influence local land use decisions. For the Planning Commission, this
information should provide some useful information from a citizen's perspective.
Staff will lead the Commission in a brief discussion concerning the guide at the meeting. The
Commission is encouraged to review the attached handbook and offer any comments or reaction to it at
the meeting.
RECOMMENDATION:
No action is required; the attached handbook is being distributed for informational purposes only.
ATTACHMENTS:
1. A Citizen's Guide to Influencing Local Land Use Decisions
Introduction and Presentation by Staff .............. ................. .... Kelli Matzek, City Planner
Questions from the Commission .......... ..........................Chair & Commission Members
Planning Commission Discussion ............................... ..........................Chair Facilitates