HomeMy WebLinkAboutItem 06.pDecember 1, 2010 Item No.
DECEMBER 6, 2010 CITY COUNCIL MEETING
HERTZ CAR RENTAL INTERIM USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Hertz Car Rental
interim use permit and adopt the findings of fact dated December 6, 2010.
Adoption of this motion will allow Hertz Car Rental to use the Crystal Lake Automotive parking
lot at 16055 Buck Hill Road for car rental services for up to five vehicles.
Overview
The building at 16055 Buck Hill Road is the home of Crystal Lake Automotive and is zoned C -3,
General Commercial District. The applicant is proposing to add a Hertz Car Rental office within the
building with up to five parking spaces dedicated to vehicles for rent. The Hertz Car Rental office is
an allowed use within the building. The use of the parking lot for car rental parking requires an
Interim Use Permit. The Zoning Ordinance includes provisions to allow outdoor rental as an interim
use within the C -3, General Commercial District as long as the use meets the requirements of
Chapters 11 -5 -5 and 11- 73 -9.A.
The Planning Commission held a public hearing at their November 18, 2010 meeting. There
was no public comment and the Planning Commission unanimously recommended approval of
the interim use permit.
Primary Issues to Consider
What is the trigger by which the interim use permit would be terminated?
The outdoor car rental interim use permit shall terminate when the Hertz Car Rental office no
longer occupies the Crystal Lake Automotive building.
Supporting Information
• Interim Use Permit Form.
• Findings of Fact.
• November 18, 2010 Planning Commission Draft Meeting Minutes.
• November 10, 2010 Planning Report.
C
Allyn G. Kuennen, AICP
Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
INTERIM USE PERMIT NO.
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves an Interim Use Permit for Hertz Car Rental to allow outdoor rental as an accessory
use within the C -3, General Commercial District at 16055 Buck Hill Road.
2. Property. The permit is for the following described property located in the City of
Lakeville, Dakota County, Minnesota:
The North 412.50 feet of the East Half of Northwest Quarter of the Northeast Quarter of
Section 1, Township 114, Range 21, Dakota County, Minnesota, lying north of Parcel 6, as
shown on Dakota County Right -of -Way Map No. 146;
Also,
The East 75 feet of the Northwest Quarter of the Northwest Quarter of the Northeast
Quarter lying North of Parcel 3C as shown on Dakota County Right -of -Way Map No. 146.
3. Conditions. The permit is issued subject to the following condition:
a) The outdoor car rental interim use permit shall terminate when the Hertz Car Rental
office no longer occupies the building.
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 interim use permit is a criminal
misdemeanor.
1
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
Date: December 6, 2010
BY:
BY:
Notary Public
CITY OF LAKEVILLE
Holly Dahl, Mayor
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this day of December,
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.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HERTZ RENTAL CAR INTERIM USE PERMIT
On November 18, 2010 the Lakeville Planning Commission met at its regularly
scheduled meeting to consider an Interim Use Permit to allow the use of the parking lot
for car rental parking at 16055 Buck Hill Road. The Planning Commission conducted 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. The City Council hereby adopts the following:
FINDINGS OF FACT
1. The properties are zoned C -3, General Commercial District.
2. The properties are located in Comprehensive Planning District No. 1, which
guides the property for Commercial uses.
3. The legal description of the properties is:
The North 412.50 feet of the East Half of Northwest Quarter of the Northeast
Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying
north of Parcel 6, as shown on Dakota County Right -of -Way Map No. 146;
Also,
The East 75 feet of the Northwest Quarter of the Northwest Quarter of the
Northeast Quarter lying North of Parcel 3C as shown on Dakota County Right -of-
Way Map No. 146.
4. Section 11 -5 -3 of the City of Lakeville Zoning Ordinance provides that an interim
use permit shall comply with the same criteria as 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.
The proposed car rental parking is consistent with the policies and
provisions of Planning District 1 of the Comprehensive Land Use Plan for
commercial land uses.
1
b) The proposed use will be compatible with future land uses of the
area.
The proposed car rental parking will be compatible with existing land uses
in the area.
c) The proposed use conforms with all performance standards
contained in the Zoning Ordinance.
The proposed car rental parking meets all performance standards set forth
in the Zoning Ordinance.
d) The proposed use can be accommodated with existing public
services and will not overburden the City's service capacity.
The proposed car rental parking will not impact existing public services.
e) Traffic generation by the proposed use is within capabilities of
streets serving the property.
No new driveway access is proposed onto public streets. Traffic on streets
serving the property will not be affected by the proposed car rental parking.
5. The planning report dated November 10, 2010 prepared by Allyn Kuennen,
Associate Planner is incorporated herein.
DATED: December 6, 2010
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CITY OF LAKEVILLE
BY:
Holly Dahl, Mayor
BY:
Charlene Friedges, City Clerk
ITEM 7. HERTZ LOCAL EDITION
Vice Chair Lillehei opened the public hearing to consider an Interim Use Permit to
allow outdoor rental of automobiles as an accessory use in the C -3, General
Commercial District, located at 16055 Buck Hill Road. The Recording Secretary
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
Andy Miller from Hertz Rental presented an overview of their request.
Planning Commission Meeting
November 18, 2010
Page 7
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Planning Department staff recommends approval of the Hertz Local
Edition Interim Use Permit, subject to the one stipulation listed in the November 10,
2010 planning report, and adoption of the Findings of Fact dated November 18,
2010.
Vice Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
10.57 Motion was made and seconded to close the public hearing at 7:45 p.m.
Ayes: Glad, Maguire, Lillehei, Adler.
Nays: 0
Vice Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
•:,. , Vice Chair Lillehei stated that when this property was developed in 2000, a
minimum of 34 parking stalls was required by ordinance. The site was
developed with a total of 80 parking stalls. He asked if this site developed
today, how many parking stalls would be required. Mr. Dempsey stated he
didn't have the exact number but it would be one space for every 200 square
feet of floor are The parking requirement for automobile repair changed
after the property was developed. Mr. Dempsey pointed out that there is an
undeveloped strip of property to the west that is owned by Crystal Lake
Automotive that could be used for parking lot expansion if needed.
• Vice Chair Lillehei asked if Crystal Lake Automotive sold the building and a
future owner continued to lease to Hertz, would Hertz have to reapply for
the interim use permit. Mr. Dempsey stated that a change in land use, not
necessarily a change in ownership, would require an amended IUP for Hertz
Local Edition to continue to operate and a parking analysis would be
completed in conjunction with the amended IUP.
10.58 Motion was made and seconded to recommend to City Council approval of the
Hertz Local Edition Interim Use Permit to allow outdoor rental of automobiles as
an accessory use in the C -3, General Commercial District, located at 16055 Buck Hill
Road, subject to the following stipulation, and adoption of the Findings of Fact
dated November 18, 2010:
1. The outdoor car rental interim use permit shall terminate when the Hertz
Car Rental office no longer occupies the Crystal Lake Automotive
building.
Ayes: Maguire, Lillihei, Adler, Glad.
Nays: 0
ITEM 9. STAFF NOTICES
Mr. Morey stated that because there were no agenda items tabled at tonight's
meeting, the December 2, 2010 Planning Commission meeting will be cancelled due
to lack of agenda items and the next Planning Commission meeting is scheduled for
December 16, 2010.
Commissioner Glad asked how long we carry a tabled item (referring to the Belzer
CUP that was tabled at the November 19, 2009 Planning Commission meeting). Mr.
Morey indicated that the applicant can extend it indefinitely, but City staff has
spoken to Mr. Belzer and he will either bring his application forward to the next
Planning Commission meeting or withdraw his application.
There being no further business, the meeting was adjourned at 7:49p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary Dated
ATTEST:
Brooks Lillehei, Vice Chair Dated
Planning Commission Meeting
November 18, 2010
Page 8
Memorandum
To Planning Commission
From: Allyn G. Kuennen, Associate Planner
Date: November 10, 2010
Subject: Packet Material for the November 18, 2010 Planning Commission Meeting.
Agenda Item: Hertz Rental Car Interim Use Permit.
Application Deadline: December 24, 2010
INTRODUCTION
The building at 16055 Buck Hill Road is the home of Crystal Lake Automotive and is zoned C -3,
General Commercial District. The applicant is proposing to add a Hertz Car Rental office within the
building with up to five parking spaces dedicated to vehicles for rent. The Hertz Car Rental office is
an allowed use within the building. The use of the parking lot for car rental parking requires an IUP,
Interim Use Permit. The Zoning Ordinance includes provisions to allow outdoor rental as an interim
use within the C -3, General Commercial District as long as the use meets the requirements of
Chapters 11 -5 -5 and 11- 73 -9.A.
The following exhibits are attached for your information:
A. Location and Zoning Map
B. Aerial Photo
C. Overall Site Plan
D. Floor Plan
PROJECT ANALYSIS
Item No.
City of Lakeville
Planning Department
Section 11 -5 -5, letters A through F, of the Zoning Ordinance requires that an interim use permit
comply with the following standards:
A. Meet the standards of a conditional use permit set forth in subsection 11 -4 -3E of the
Zoning Ordinance.
The proposed use of up to five parking spaces for automobile rental is consistent with the
Comprehensive Land Use Plan, compatible with present and future land uses and conforms
to the performance standards of the Zoning Ordinance. In addition the proposed use can
be accommodated with existing services and utilities and the use is within the capabilities of
the streets serving the property.
B. Conform to the applicable general performance standards of Section 11 -4 -7 of the
Zoning Ordinance.
The subject property is developed and requires no additional site improvements. The
applicable performance standard of 11 -4 -7 that pertains to this request requires the site
to provide adequate off street parking in compliance with Chapter 19 and 20 of the
Zoning Ordinance. When Crystal Lake Automotive was developed in 2000, the zoning
ordinance required a minimum of 34 parking stalls be provided. The site was developed
with a total of 80 parking stalls. Converting up to five parking stalls for the automobile
rental use will still allow for adequate remaining parking.
C. The use is allowed as an interim use in the respective zoning district.
Outdoor service, sale and rental are allowed interim uses in the C -3 District.
D. The date or event that will terminate the use can be identified with certainty.
The outdoor car rental interim use permit shall terminate when the Hertz Car Rental
office no longer occupies the building.
E. The use will not impose additional unreasonable costs on the public.
No costs to the public will result from the Hertz Car Rental occupying the existing
building.
F. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
The user is aware that City Council may add conditions as deemed appropriate.
In addition to the above standards Chapter 11- 73 -9.A of the Zoning Ordinance requires interim uses
with outdoor rental as an accessory use within the C -3, General Commercial District to meet the
following standards:
1. Outside services, sales and equipment rental connected with the principal use is limited
to thirty percent (30 %) of the gross floor area of the principal use.
The five spaces associated with the Hertz Car Rental use comprise of approximately
900 square feet. The overall size of the building is 24,237 square feet. The five parking
spaces comprise 3.7% of the gross floor area of the principal use.
2. Outside sales areas are fenced or screened from view of neighboring residential uses or
an abutting residential district in compliance with section 11 -21 -9 of the Zoning
Ordinance.
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The five parking stalls are not adjacent to residential uses within the City of Lakeville.
No additional landscaping or screening is required.
3. Sales area is surfaced with asphalt, concrete or pavers to control dust.
The parking lot is currently paved asphalt.
4. The use does not take up parking space as required for conformity to this title.
When the Crystal Lake Automotive use was developed a minimum of 34 parking stalls
were required to be provided. The site was developed with a total of 80 parking stalls.
Converting up to five parking stalls for the automobile rental use will still allow the site to
stay in conformance with the parking standards as approved in 2000.
5. The interim use permit shall terminate upon a change of occupancy or other date as
determined by the city council in accordance with section 11 -5 -7 of the Zoning
Ordinance.
The outdoor car rental interim use permit shall terminate when the Hertz Car Rental
office no longer occupies the building.
RECOMMENDATION
The Planning Department staff recommends approval of the interim use permit for Hertz Local
Edition to use the Crystal Lake Automotive parking lot for car rental services for up to five
vehicles subject to the following condition:
1. The outdoor car rental interim use permit shall terminate when the Hertz Car Rental
office no longer occupies the Crystal Lake Automotive building.
Findings of fact are attached for your reference.
3
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HERTZ CAR RENTAL INTERIM USE PERMIT
On November 18, 2010 the Lakeville Planning Commission met at it's regularly
scheduled meeting to consider an Interim Use Permit to allow Hertz Local Edition to use
the Crystal Lake Automotive parking lot for car rental parking at 16055 Buck Hill Road.
The Planning Commission conducted 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 zoned C -3, General Commercial District.
2. The property is located in Comprehensive Planning District No. 1, which guides
the property for Commercial uses.
3. The legal description of the property is:
The North 412.50 feet of the East Half of Northwest Quarter of the Northeast
Quarter of Section 1, Township 114, Range 21, Dakota County, Minnesota, lying
north of Parcel 6, as shown on Dakota County Right -of -Way Map No. 146;
Also,
The East 75 feet of the Northwest Quarter of the Northwest Quarter of the
Northeast Quarter lying North of Parcel 3C as shown on Dakota County Right -of-
Way Map No. 146.
4. Section 11 -5 -3 of the City of Lakeville Zoning Ordinance provides that an interim
use permit shall comply with the same criteria as 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.
The proposed car rental parking is consistent with the policies and
provisions of Planning District 1 of the Comprehensive Land Use Plan for
commercial land uses.
1
b) The proposed use will be compatible with future land uses of the
area.
The proposed car rental parking will be compatible with existing land uses
in the area.
c) The proposed use conforms with all performance standards
contained in the Zoning Ordinance.
The proposed car rental parking meets all performance standards set forth
in the Zoning Ordinance.
d) The proposed use can be accommodated with existing public
services and will not overburden the City's service capacity.
The proposed car rental parking will not impact existing public services.
e) Traffic generation by the proposed use is within capabilities of
streets serving the property.
No new driveway access is proposed onto public streets. Traffic on streets
serving the property will not be affected by the proposed car rental parking.
5. The planning report dated November 10, 2010 prepared by the Allyn Kuennen,
Associate Planner is incorporated herein.
2
C-3, General
Commercial District
162nd Street (CSAH 46)
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City of Burnsville
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City of Lakeville
Location & Zoning Map
Crystal Lake Automotive/Hertz Car Rental
Interim Use Permit
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