HomeMy WebLinkAboutItem 06.kJune 4, 2010
Item No.
—Lk—
JUNE 7, 2010 CITY COUNCIL MEETING
GILB CONDITIONAL USE PERMIT AMENDMENT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Roger Gilb
conditional use permit amendment and adopt the findings of fact dated June 7, 2010.
Adoption of this motion will facilitate the subdivision and sale of Mr. Gilb's property and
automobile repair business consistent with its current use and Zoning Ordinance requirements.
Overview
Roger Gilb has submitted an application for a conditional use permit amendment requesting
that the current major auto repair designation assigned to his property be reclassified as minor
auto repair consistent with the current business operation. This change will allow a reduction
in the required lot area and minimum green space requirements that will in turn allow Mr. Gilb
to subdivide the existing property to create a lot for future development. The property is
zoned C-3, General Commercial District, and is 1.6 acres in area. Mr. Gilb also owns the
adjacent unplatted parcel to the north abutting 202nd Street (CSAH 50) that includes the single
family home located at 9056 — 202nd Street.
The Planning Commission held a public hearing and unanimously recommended approval of the
conditional use permit amendment at their May 20, 2010 meeting subject to three stipulations.
There was no public comment.
Primary Issues to Consider
Could the use of the property be changed back to major auto repair? No. The ability of the
property to meet the minimum 25% green space required by the Zoning Ordinance would not
be possible unless additional property was acquired,
Supporting Information
• Conditional use permit form.
• Findings of fact.
• May 20, 2010 Planning Commission draft meeting minutes.
• May 13, 2010 planning report.
Frank Dempsey, Associate p6nner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance.
Notes: CUP for major auto repair approved in 1994 and amended in 1995
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AMENDMENT TO CONDITIONAL USE PERMIT NO. 94-07
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville approves an amendment to Conditional Use Permit No. 94-07 for Roger
Gilb (Hometown Auto Repair) to allow a minor auto repair in the C-3, General
Commercial District at 20315 Iberia Avenue.
2. Pro e . The permit is for the following described property located in the
City of Lakeville, Dakota County, Minnesota:
Lot 1, Block 1, GILB FITZPATRICK ADDITION
3. Conditions. The permit is issued subject to the following conditions:
a. Auto repair activity on the property shall be restricted to minor auto
repair only as defined by the Zoning Ordinance and shall meet all
Zoning Ordinance requirements.
b. Any building expansion, new structures, or operational changes that may
include major auto repair, as defined by the Zoning Ordinance, will require
an amendment to the conditional use permit.
c. The fence along the south property line shall be repaired and straightened
no later than July 30, 2010.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Criminal Penalty. Violation of the terms of this conditional use permit
amendment is a criminal misdemeanor.
Date:
CITY OF LAKEVILLE
M
BY:
Holly Dahl, Mayor
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 7t day of June,
2010, by Holly Dahl, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
GILB CONDITIONAL USE PERMIT AMENDMENT
FINDINGS OF FACT
On May 20, 2010 the Lakeville Planning Commission met at it's regularly scheduled
meeting to consider an amendment to Conditional Use Permit No. 94-07 to change the
approved conditional use permit from major auto repair to minor auto repair. The
Planning Commission conducted a public hearing on the proposed conditional use permit
amendment preceded by published and mailed notice. The applicant was present and
the Planning Commission heard testimony from all interested persons wishing to speak.
The City Council hereby adopts the following findings of fact.
1. The property is currently zoned C-3, General Commercial District.
2. The property is located in Planning District No. 5 of the 2008 Comprehensive
Plan, which guides the property for commercial land uses.
3. The legal description of the property is:
Lot 1, Block 1, Gilb Fitzpatrick Addition
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria and satisfied.
The criteria and our findings regarding them are:
a. 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.
The minor automobile repair facility is consistent with the current C-3 District
zoning and guided commercial use of the properly.
b. The proposed use is or will be compatible with present and future land uses
of the area.
Provided compliance with the stipulations of the conditional use permit
amendment, the minor automobile repair facility will be compatible with
existing and future land uses in the area.
c. The proposed use -conforms with all performance standards contained in the
Zoning Ordinance.
Provided compliance with the stipulations of the conditional use permit
amendment, the minor automobile repair facility will conform with all
performance standards contained in the Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The subject properly lies within the existing MUSA. The property is
served with city sanitary sewer and city water. The minor automobile
repair facility will not overburden the City's service capacity.
e. Traffic generation by the proposed use is within capabilities of streets
serving the property.
The minor automobile repair facility will not overburden the streets serving
the properly.
5. The planning report, dated May 13, 2010, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: June 7, 2010
CITY OF LAKEVILLE
0
F -'.W
Holly Dahl, Mayor
Charlene Friedges, City Clerk
iteM NO.J
CITY OF LAKEVILLE
FT Planning Commission Meeting Minutes
,RA
MAY 20, 2010
The May 20, 2010 Planning Commission meeting was called to order by Vice Chair
Lillehei in the City Hall Council Chambers at 6:02 p.m.
Flag pledge and roll call of members:
Present: Vice Chair Lillehei
Secretary Adler
Commissioner Drotning
Commissioner Glad
Commissioner Grenz
Commissioner Maguire
Ex -officio Bussler
Absent: Chair Davis
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
and Penny Brevig, Recording Secretary. .
ITEM 3. APPROVAL OF MEETING MINUTES:
The May 6, 2010 Planning Commission meeting minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated that the following items were distributed to the Planning
Commission at tonight's meeting:
May 13th planning report for Agenda Item 5, the Roger Gilb Conditional
Use Permit amendment.
ITEM 5. ROGER GILB
Vice Chair Lillehei opened the public hearing .to consider the application of Roger
Gilb for a Conditional Use Permit Amendment to change the approved conditional
use permit from major auto repair to minor auto repair for Hometown Auto
Service, located at 20315 Iberia Avenue. The Recording Secretary attested that the
legal notice had been duly published in accordance with State Statutes and City
Code.
Roger Gilb presented an overview of his request.
Planning Commission Meeting
May 20, 2010
DRAFTPage 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Planning Department staff recommends approval of the Hometown
Auto Repair Conditional Use Permit amendment subject to the three stipulations
listed in the May 13, 2010 planning report, with the amended wording distributed
at the beginning of the meeting, and adoption of the Findings of Fact dated May 20,
2010.
Vice Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
10.24 Motion was made and seconded to close the public hearing at 6:12 p.m.
Ayes: Glad, Maguire, Lillehei, Adler, Grenz, Drotning.
Nays: 0
Vice Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
• Commissioner Drotning sought clarification that a major auto repair use on
this property would not meet the minimum 25% green space requirement if
this CUP amendment and corresponding administrative subdivision are
approved. Mr. Morey explained that if, in the future, the operation would
propose to change to major auto repair, the 25 % green space would not be able
to be met and the owner would have to seek a variance. He indicated that the
request would likely not meet the hardship criteria for a variance.
• Commissioner Drotning commented that major and minor auto repair are not
well defined in the Zoning Ordinance. He asked what would happen if the
definitions changed and the use was considered major auto repair. Mr. Morey
stated that if in the future the definitions of major and minor auto repair are
amended to more specifically list the services allowed for each, and this
particular property were to then fall under major auto repair, it would be
grandfathered and would become a non -conforming use that would not be
able to expand in the future. Mr. Morey indicated that the impact of the use
on the surrounding properties should be considered. Under this scenario the
use of the property is not changing, the definition of the use is changing. As
such, the surrounding properties would not be negatively impacted.
• Commissioner Drotning questioned what would happen if the property owner
requested an amendment to his conditional use permit in the future in terms
-of bringing existing non -conformities into conformance with the Zoning
I
Planning Commission Meeting
DRAPTMay 20, 2010
Page 3
Ordinance requirements in place at that time. Mr. Morey stated that the
Zoning Ordinance does require the City to review any non -conformities at the
time a planning application is submitted, but in this case the ability to meet the
25% green space would be impossible to achieve unless additional property
was acquired, and as long as there would not be a negative impact on the
surrounding properties the green space requirement would likely remain non-
conforming.
• Confirmed that given the proposed administrative subdivision of the
property, the property owner would not be able to change the use to major
auto repair.
• Asked if the property subdivision could be reversed. Mr. Morey indicated
that yes, if the parcel to be created by the administrative subdivision remained
vacant, the lots could be combined again in the future.
10.25 Motion was made and seconded to recommend to City Council approval of the
Roger Gilb Conditional Use Permit amendment subject to' the following
stipulations, as amended, and adoption of the Findings of Fact dated May 20, 2010:
1. Auto repair activity on the property shall be restricted to minor auto repair
only as defined by the Zoning Ordinance and shall meet all Zoning
Ordinance requirements.
2. Any building expansion, new structures, or operational changes that may
include major auto repair, as defined by the Zoning Ordinance, will require
an amendment to the conditional use permit.
3. The fence along the south property line shall be repaired and straightened no
later than July 30, 2010.
Ayes: Maguire, Lillehei, Adler, Grenz, Glad.
Nays: 0
Abstained: Drotning. Commissioner Drotning felt he should abstain due to the
fact that he owns an auto repair business in the City of Lakeville.
There being no further business, the meeting was adjourned at 6:24 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary Dated
I
Memorandum
To Planning Commission
From: `rank Dempsey, Associate Planner
Copy: Roger Gilb
Date: May 13, 2010
item No. s
City of Lakeville
Planning Department
Subject: Packet Material for the May 20, 2010 Planning Commission Meeting
Agenda Item: Amendment to CUP 94-07
Application Action Deadline: June 25, 2010
INTRODUCTION
Roger Gilb has submitted an application for a conditional use permit amendment
requesting that the current major auto repair designation assigned to his property
with the conditional use permit approved in 1994 and expanded in 1995 be
reclassified as minor auto repair The property ir, located at 2n315 Theria Avenue, is
zoned C-3, General Commercial District, and is 1.6 acres in area. Mr. Gilb owns the
subject property (Lot 1, Block 1, Gilb Fitzpatrick Addition) as well as the adjacent
unplatted parcel to the north abutting 202nd Street (CSAH 50) that includes the
single family home located at 9056 — 202nd Street.
According to Mr. Gilb, the Hometown Auto Service facility has operated under the
category of minor auto repair as defined by the Zoning Ordinance since it was
constructed in 1994. Mr. Gilb plans to sell the auto repair business and property at
this time. The amended conditional use permit will be recorded against the property
if it is approved by the City Council.
BACKGROUND
A conditional use permit was approved in 1994 to allow the development of the subject
property and operation as a major auto repair facility on a metes and bounds described
parcel. The project was originally proposed to be constructed in two phases with the
first phase including six repair bays and a two story lobby, office and parts storage area.
The second phase included the proposed construction of an additional three auto repair
bays to the west and a 3,800 square foot retail building to the north. Ultimately, the
site was proposed to include both major and minor auto repair services. A conditional
use permit amendment was approved in 1995 to allow the 1,700 square foot auto repair
bay expansion.
In 1999, the City Council approved the Gilb Fitzpatrick Addition, a 10.6 acre plat which
included the construction of 203rd Street, the parcel on which the New Horizon Day Care
facility is now located at 9085 — 203rd Street, and the outlot which would eventually be
platted as Lakeville Family Housing Third Addition and on which the Dakota County
Community Development Agency's rental townhome development is now located south
of 203rd Street. The final plat also platted the existing aha repair facility parcel as Lot 1,
Block 1, Gilb Fitzpatrick Addition.
The following exhibits are attached for your information:
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
G Applicant Narrative
D. Survey
E. Administrative Subdivision Site Plan
F. Site Sketch and Grading Plan
STAFF ANALYSIS
Surrounding Land Uses and Zoning
North — Provincial Bank (C-3 District)
South — Four Unit Group Home (RM -1 District)
East — Iberia Avenue and Bethlehem Evangelical Lutheran Church
West — Vacant Land and New Horizon Day Care (C� District)
RIA
Lots and Parcels. If the City Council approves the conditional use permit amendment,
staff will approve an administrative subdivision to allow Lot 1, Block 1 to be divided as
shown on the administrative subdivision site plan (Exhibit E). The conditional use permit
will be recorded against Parcel B and a separate site performance agreement will be
recorded with the administrative subdivision requiring that Parcel A and the unplatted
parcel adjacent to 202nd Street (CSAR 50) be combined prior the issuance of a building
permit for either parcel.
The administrative subdivision includes the creation of one new parcel from Lot 1.
Parcel A will be 32,417 square feet in area and 134 feet in width. Parcel B, the auto
repair facility, will be 37,197 square feet in area and 163 feet in width. The lot areas
and lot widths of proposed Parcels A and B meet the C-3 District requirements.
A 10 foot wide drainage and utility easement will be dedicated along the west line
between proposed Parcels A and B as required by the Subdivision Ordinance.
Prior to a building permit being issued for Parcel A, Parcel A and the unplatted parcel to
the north must be combined into a single parcel.
Setbacks. The minimum setback requirements are as follows:
Front — 30 feet
Sides — 10 feet
Rear — 30 feet
Parking Lot — 15 feet adjacent to all public streets 5 feet from interior lot lines
The existing auto repair building and parking lot meet setback requirements given the
proposed administrative subdivision.
Parking. The 5,900 square foot minor auto repair facility requires 27 parking spaces,
which is determined as follows:
5,900 sf — 10% = 5,310 / 200 = 27 spaces
There are 38 parking spaces existing on the site, which meets Zoning Ordinance
requirements.
Zoning. The property is zoned C-3, General Commercial District. The Zoning Ordinance
defines two categories for auto repair uses as follows:
c
Major Auto Repair includes general repair, rebuilding or reconditioning engines,
motor vehicles or trailers; collision service, including body, frame or fender
straightening or repair; overall painting or paint job; vehicle steam cleaning. Major
auto repair includes a restriction to allow hours of operation only between 7:00 AM
and 6:00 PM. Minor auto repair requires no such limitations.
Minor Auto Repair includes minor repairs, incidental body and fender work,
painting and upholstering, replacement of parts and motor services to passenger
automobiles and trucks not exceeding twelve thousand (12,000) pounds gross
weight, but not including any operation specified under the definition of major
automobile repair.
The Zoning Ordinance in 1994 required that major auto repair uses provide a minimum of
30% green space on the property. A minimum of 25% green space is required under the
current Zoning Ordinance. To meet the minimum 30% green space required by the 1994
conditional use permit, the plans were approved to allow a first and second phase
development whereby when the second phase of construction was approved, the parking
lot currently in front of the building facing Iberia Avenue would be removed and
landscaped and replacement parking would be provided on the west side of the property
in conjunction with the future development of that property.
The property that was to include the future parking area for an expanded auto repair
facility is now being planned to be subdivided from the auto repair facility lot and
combined with the unplatted parcel abutting 202nd Street (CSAH 50) for a future C-3
District use. Exhibit F shows a conceptual development on the combined parcels.
In order to comply with the Zoning Ordinance requirements and in order for the City to
release the landscape security, the applicant is requesting that the conditional use
permit be revised to minor auto repair.
The subject property is zoned C-3, General Commercial District. Section 11-72-7D allows
minor auto repair by conditional use permit provided the following criteria are met.
1. The entire site other than that taken up by a building, structure or plantings
shall be surfaced with a material to control dust and drainage which is subject to
the approval of the City Engineer.
The existing Hometown Auto Repair site complies with Zoning Ordinance
requirements given the proposed administrative subdivision. The landscape
screening of arborvitae shrubs along the south property line planted in 1994 are
still in place and are providing the required screening fore residential use to
the south. No additional landscaping is required.
4
2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot
width of one hundred fifty feet (150').
The lot area for proposed Parcel B is 37,197 square feet and the lot width is 163
feet. The lot area and lot width for proposed Parcel B meets this requirement.
3. A curb not less than six inches (6") above grade shall separate the public
sidewalk from motor vehicle service areas.
A six inch barrier curb separates the sidewalk from the parking lot as required by
the Zoning Ordinance. The site also includes boundary curb and gutter.
4. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with Section 11-21-9 of this Title.
The conditional use permit approved in 1994 required that a fence be constructed
and evergreen landscaping be installed between the auto repair facility and the
residential property to the south. The landscaping is providing the required
screening but the fence has fallen into disrepair and is leaning significantly to the
south. Approval of the conditional use permit amendment will require that the fence
be repaired and straightened.
5. No outside storage except as allowed in compliance with subsection I of this
Section.
There is no outside storage currently on the site. There is a wooden shed and a
trash enclosure that is screened with a wooden fence and gate at the rear of the
site.
6. Sale of products other than those specifically mentioned in this Section be
subject to a conditional use permit and be in compliance with subsection B of this
Section.
The sale of products for the minor auto repair facility must comply with this
stipulation.
7. 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 as well or better by modifying the
conditions.
5
RECOMMENDATION
Planning Department staff recommends approval of the conditional use permit amendment
for Hometown Auto Repair subject to the following stipulations:
1. Auto repair activity on the property shall be restricted to minor auto repair
only as defined by the Zoning Ordinance and shall meet all Zoning Ordinance
requirements.
2. Any building expansion, new structures, or operational changes that may include
major auto repair, as defined by the Zoning Ordinance, will require an
amendment to the conditional use permit.
3. The fence along the south property line shall be repaired and straightened no
later than July 30, 2010.
cc: Roger Gilb
1.1
17
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From the initial start in 1994, we requested a Major Auto Repair permit to encompass all
possible services. Since the day we incorporated, our services have only been under
the heading of Minor Auto Repair. The services we offer include: tire repair and
replacement; heating and air conditioning services; suspension service and repairs;
electrical system repairs; service and replacement; exhaust repair and replacement; all
brake services; and oil lube and filter services. We do not perform any auto body,
engine, or transmission overhaul on site.
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