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HomeMy WebLinkAboutItem 05 Eric JoncasCity of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: October 13, 2023 Subject: Packet Material for the October 19, 2023 Planning Commission Meeting Agenda Item: Eric Joncas Interim Use Permit Application Action Deadline: November 25, 2023 INTRODUCTION Eric Joncas has submitted an application for an interim use permit to allow outside sales and display of motor vehicles on property located at 16079 Buck Hill Road and zoned C-3, General Commercial District. Outside sales and display are allowed in the C-3 District but not to exceed 30% of the gross floor area of the principal building or building tenant lease space and subject to approval of an interim use permit. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Aerial Photo Enlarged D. North Property Boundary Residential Screening E. Applicant Narrative Surrounding Land Uses and Zoning North – Sunny Acres Manufactured Home Park (City of Burnsville) South – Buck Hill Road (ROW) 2 East – Classic Collision Auto Repair (C-3 District) West – Undeveloped Property (C-3 District) STAFF ANALYSIS Eric Joncas is a motor vehicle dealer who leases a 2,200 square foot tenant space in the 9,574 square foot, three unit multi-tenant commercial building located at 16079 Buck Hill Road. Mr. Joncas specializes in the re-sale of electric motor vehicles. Building tenants also include O’Reilly Auto Parts and Natreum. The proposed outside sales and display area would include four vehicle parking spaces located near the west entrance to the property at Buck Hill Road. Based on the 2,200 square foot lease area of the building, the maximum allowable number of display vehicle parking spaces is four, equal to 30% of the office lease space. Thirty percent of the lease area equals 660 square feet. One parking space at the proposed location of the property equals 162 square feet (9’ x 18’), which is not more than four parking spaces. The City Council approved a previous interim use permit in 2009 allowing Hertz Car Rental to display rental motor vehicles on this same property. Hertz occupied the west tenant bay in the current location of Natreum before relocating to the Classic Collision (formerly Crystal Lake Automotive) building in 2015. Interim Use Permit Criteria. Section 11-5-5 of the Zoning Ordinance requires that an interim use permit comply with the following: A. Meet the standards of a conditional use permit set forth in subsection 11-4-3E of this title. See attached findings of fact. B. Conform to the applicable general performance standards of Section 11-4-7 of this title. Staff has reviewed the 17 performance standards in Section 11-4-7 and finds that the interim use permit application meets all applicable standards, including site access, parking, and landscaping. The property requires 43 parking spaces for the 9,574 square foot building. A total of 51 parking spaces are provided on-site. C. The use is allowed as an interim use in the respective zoning district. The proposed outside sales and display motor vehicles is allowed by interim use permit in the C-3 District. 3 D. The date or event that will terminate the use can be identified with certainty. The interim use permit shall terminate upon a change of building occupancy or when the motor vehicle sales use with outside sales and display is no longer operating from the property. E. The use will not impose additional unreasonable costs on the public. The proposed outside sales and display will be impose costs on the public. F. The user agrees to any conditions that the city council deems appropriate for permission of the use. The applicant shall comply with the recommendations stipulated in the planning report as approved by the City Council. RECOMMENDATION Planning Department staff recommends approval of the Eric Joncas interim use permit for outside sales and display of motor vehicles in the C-3 District subject to the following stipulations: 1. Outside sales and display shall be restricted to the four parking spaces in the area identified on the approved site plan and shall not exceed 30% of the floor area of the lease space for this use in the principal building. 2. Outside sales and display of motor vehicles shall not obstruct the access to the building and site and shall not impede access by emergency service vehicles. 3. A Minnesota dealer licenses shall be obtained by the business owner and a copy shall be submitted to the City prior to commencing the sale of motor vehicles on-site. 4. Signage shall be installed and maintained in compliance with Zoning Ordinance requirements and subject to approval of a sign permit. 5. The interim use permit will terminate at such time that outside sales and display of motor vehicles is no longer occurring on the property or a change of use in building occupancy. Findings of fact for the interim use permit are attached. Exhibit A 16079 Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community City of Lakeville Site Location Map Joncas Interim Use Permit SUNNY ACRES MHP - CITY OF BURNSVILLE EXHIBIT B &Joncas Tenant Space 16079 Buck Hill Road Four Assigned Parking Spaces & Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community EXHIBIT C Four Assigned Parking Spaces & Exhibit D Exhibit E 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA JONCAS INTERIM USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On October 19, 2023 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Eric Joncas for an interim use permit to allow outside sales and display of motor vehicles in the C-3 District located at 16079 Buck Hill Road. The Planning Commission held a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is located in Planning District No. 1 of the 2040 Comprehensive Plan, which guides the property for commercial uses. 2. The property is currently zoned C-3, General Commercial District. 3. The legal description of the property is: (See Exhibit A) 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 are satisfied. Section 11-5-3 states that interim use permits shall be processed according to the standards and procedures for a conditional use permit. 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. Finding: The proposed outside sales and display is a commercial use consistent with the policies and provisions of Planning District 1 of the 2040 Comprehensive Land Use Plan. b. The proposed use is or will be compatible with present and future land uses of the area. 2 Finding: The proposed outside sales and display will be compatible with existing and future land uses in the area given compliance with the interim use permit. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed outside sales and display will conform with all performance standards contained in the Zoning Ordinance and the City Code given compliance with the interim use permit d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property is served with necessary public services and the outside sales and display of motor vehicles will not overburden the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: Traffic generation will not significantly increase due to the proposed outside sales and display use and is within the capabilities of major collector Buck Hill Road, which serves the property. 5. The planning report dated October 13, 2023 prepared by Frank Dempsey, Associate Planner is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit conditioned upon compliance with the planning report prepared by Associate Planner Frank Dempsey dated October 13, 2023. DATED: October 19, 2023 LAKEVILLE PLANNING COMMISSION BY: _______________________________ Jenna Majorowicz, Chair 3 EXHIBIT A LEGAL DESCRIPTION That part of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of Parcel 3C, as shown on Dakota County Road Right-of-Way Map. No. 146, and lying west of the east 75.00 feet of said Northwest Quarter of the Northwest Quarter of the Northeast Quarter, and lying easterly of a line described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 1; thence South 89 degrees 44 minutes 14 seconds East, assumed bearing, along the north line of said Northwest Quarter of the Northwest Quarter of said Northeast Quarter a distance of 387.55 feet to the point of beginning of the line to be described; thence South 04 degrees 01 minutes 09 seconds East a distance of 351.39 feet to the north line of said Parcel 3C and said line there terminating.