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PL 12/14/1994 - 30801� CITY OF FRIDLEY PLANNINa CO�II88ION MEETINa, DECEMBER 14, 1994 CALL TO ORDER• Chairperson Newman called the December 14, 1994, Planning Commission meeting to order at 7:32 p.m. ROLL CALL• Members Present: Dave Kondrick, LeRoy Oquist, Diane Savage; Brad Sielaff, Dean Saba, Connie Modig Members Absent: Dave Newman Others Present: Scott Hickok, Planning Coordinator Lawrence Feldsien, Sinclair, 6602 Poppy Street, Minneapolis, NIl�T Bill Davis, Sinclair 6602 Poppy Street, Minneapolis, MN Kevin Reno, Sinclair, 13340 Poppy Street, Andover, MN Don Sachs, 6399 Baker Circle, Fridley, NIl�T Ron Stelter, Friendly Chevrolet Y'-''� Steve Michel, Michel Commercial Real Estate, 3925 Orleans Lane N., Minneapolis, MN APPROVAL OF NOVEMBER 30 1994 PLANNIATG COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve the November 30, 1994, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON NEAMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 1. PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT ZTA #94-02. BY ROGER MOODY OF FRIENDLY CHEVROLET: To consider a zoning text amendment to recodify the Fridley City Code, Chapter 205, entitled ��Zoning��, by amending Section 205.17.01.C., to allow automobile storage as an accessory use to adjacent automobile sales facilities on the northeast quarter lying east of the west 600 feet and south of the north 1,120 feet, Section 12, Township 10, Range 24, Anoka County, generally located to the east of the Fridley Chevrolet property, 7501 Highway 65 N.E. MOTION by Mr. Saba, seconded by Ms. Modig, to taaive the reading of the public hearing notice and to open the public hearinge 1,.,, IIPON A VOICE VOTE, ALL VOTIN�3 AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:34 P.M. �• PLANNINa CONIIylISSION MEETINa DECEMBER 14. 1994 PAGE 2 Mr. Hickok stated the petitioner has requested a zoning tesct amendment that would allow the use of an M-1, Light Industrial, zoning district for screened outdoor vehicle storage. The parcel is adjacent to the existing parcel zoned C-3, General Commercial property. The property has been in existence as an automobile dealership since 1971. Mr. Hickok stated the existing parcel along Highway 65 is zoned C- 3, General Commercial. To the east is an M-1 parcel that is currently undeveloped. This request would allow the text of the zoning code to be amended and allow a special use provision for use of that M-1 site to be used to store inventory for the dealership and allow parking for employees' vehicles. Mr. Hickok stated the staff analysis involved looking first at whether or not an amendment to the M-1 district was most appropriate. Staff looked at rezoning the site to C-3. The consensus on the rezoning option was that this would cut up an existing M-1 district and is not consistent. The M-1 property is surrounded to the north and south by M-1 property and is appropriate as an M-1 district. The special use permit provisions that exist in the M-1 district were also reviewed to see if there was something in the text to say this could happen as a special r"'`� use. This was not clearly described. In staff's opinion, the M-1 text would have to be modified to allow a special use provision. In the R-1 district, there is a special use permit provision that would allow multi-family complexes to park on single family property with a special use permit. This is very similar. Mr. Hickok stated the staff report mentions a special use pernait. The petitioner was not ready with a plan at this time. The petitioner wanted to approach this as a zoning text amendment first. If this was deemed appropriate, they would then come forward with a special use permit request. Staff recommends approval of the following text amendment: (13) Storage of new or used automobiles incidental to an automobile agency, provided that the following minimum requirements are met: (a) Motor vehicles stored outside shall not exceed 15 feet in height; (b) Screening materials are provided as in Section 205.17.06.G.(1).(a).; (c) No materials shall be stored on the property other than new and used automobiles incidental to the adjacent n automobile agency; �� PLANNING COMMI88ION MEETINa. DECEMHER 14. 1994 PAaS 3 (d) Lighting associated with the storage area shall be downcast security/safety lighting and shall not exceed a footcandle measurement deemed appropriate by the City for the specific location. (e) A site plan shall be submitted indicating all code required elements, including but not limited to, concrete or asphalt parking surfaces, concrete curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant locations, irrigation plans for landscaped areas, and driveways. , (f) The location and design of all driveways shall be constructed to avoid noise and traffic impact on residential areas. (g) No sales or display activity shall occur on the propertyo (h) Drive aisles shall be kept free of vehicles to allow proper circulation of emergency vehicles. (i) No junk or inoperable vehicles shall be stored on site. �� i'-� (j) All screening fence installations shall meet the minimum building setback requirements from any property line abutting public right-of-way. Mr. Hickok stated staff recommends this language as an amendment to the M-1 district. Ms. Modig stated the recommended language in (13).(e). talks about parking surfaces. Does this exclude gravel? Mr. Hickok stated yes. The surface would need to be a firm surface. Mr. Stelter stated he was attending for Mr. Moody, who was not able to attend the meeting. Mr. Stelter questioned (13).(g), which does not allow sales or display activity on the property. If they have a customer who wants to see a vehicle in this storage area, does that mean we cannot take that customer there to see the vehicle? The language seems somewhat vaguee Mr. Hickok stated the intent is that this not be used as a display area for vehicles. In discussions with dealership representatives, staff's understanding is that this will free up the display area near the existing building and allow them to make better use of that existing space while having a place for inventory and employee vehicles. Our intent is to say that this is for stora+g+e s�nd �� PLANNINa COI�lIBBION MEETINa. DECEMHER 14. 1994 PAGE 4 employee parking and is not to be an expansion of the display floor for the dealership. Mr. Oquist stated it is not uncommon for a dealership to walk a customer back to a display to show them a car or cars beinq discussed. He suggesting wording that would allow them to at least walk into the area and show customers a vehicle. Other dealers have done this for him. Mr. Hickok stated the intent is not to expand the display floor. He would welcome suggestions to adapt the wording. He did not think the impact of showing a car would be detrimental. Mr. Sielaff did not think the language would be needed. Mr. Saba did not know how this could be prohibited. It would be another matter if they are bringing cars up to the customer for a test drive. Mr. Stelter stated everything is for sale. Not allowing the customer into this area is very restrictive. Mr. Sielaff asked if the real issue was the lighting and screening. This expansion area may not be a good place to display vehicles. Mr. Hickok stated this makes it clear that along the bacic of this site there would not be display pads to attract customers and would not be meant to attract customers or increase visibility. He did not think there would be an issue with the dealer walking into the area with a customer. Mr. Newman suggested the wording for (g) to read, °Vehicles will not be displayed for sale on the property��e Taking a buyer into the area may be considered a sales activity, but the vehicles are not being displayed for sale. Mr. Stelter stated it would be almost impossible for a salesperson not to walk back there to show a car to a customer. � Mr. Stelter stated Friendly Chevrolet has hired the services of Phillips Klein for a possible expansion to the showroom and service department. The site plan for this storage lot will also be drawn at that time. Mr. Sielaff asked if there was any criteria for what can or cannot be amended. Mr. Hickok stated, from the City's perspective, this is f� enabling legislation within the zoning umbrella and we i amend as long as this goes through the process. Zoning within �he are able to is based on r--� PLANNINm COMMI88ION MEETINa. DECEMHER 14. 1994 PAaB 5 �� the criteria of health, safety and welfare. The change has to be reasonable and not detrimental to the surrounding developed areas. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. IIPON A VOIC$ VOTE, ALL oOTINa AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIBD AND THE PIIBLIC HEARING CLOBED AT 7s48 P.M. Mr. Saba saw no problem with the reguest and felt this was the right way to approach the request. The petitioner will be returning for a special use permit. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to approve Zoning Text Amendment, ZTA #94-02, by Roger Moody of Friendly Chevrolet, to consider a zoning text amendment to recodify the Fridley City Code, Chapter 205, entitled ��Zoning", by amending Section 205.17.O1.C., to allow automobile storage as an accessory use to adjacent automobile sales facilities on the northeast quarter lying east of the west 600 feet and south of the north 1,120 feet, Section 12, Township 10, Range 24, Anoka County, generally located to the east of the Fridley Chevrolet property, 7501 Highway 65 N.E., as follows: (13) Storage of new or used automobiles incidental to an automobile agency, provided that the following minimum requirements are met: (a) Motor vehicles stored outside shall not exceed 15 feet in height; (b) Screening materials are provided as in Section 205.17.06.G.(1).(a).; (c) No materials shall be stored on the property other than new and used automobiles incidental to the adjacent automobile agency; (d) Lighting associated with the storage area shall be downcast security/safety lighting and shall not exceed a footcandle measurement deemed appropriate by the City for the specific location. (e) A site plan shall be submitted indicating all code required elements, including but not limited to, concrete or asphalt parking surfaces, concrete curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant � locations, irrigation plans for landscaped areas, and _ driveways. �,, PLANNIN(� COMMI88ION MEETING. DECEMBER 14. 1994 PAGB 6 (f) The location and design of all driveways shall be constructed to avoid noise and traffic impact on residential areas. (g) Vehicles will not be displayed for sale on the property. (h) Drive aisles shall be kept free of vehicles to allow proper circulation of emergency vehicles. (i) ATo junk or inoperable vehicles shall be stored on site. (j) All screening fence installations shall meet the minimum building setback requirements from any property line abutting public right-of-way. IIPON A VOICE VOTE, ALL VOTIN�3 AYE, CHAIItPERBON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Hickok stated the City Council would review this request on January 9. 2. PUBLIC HEARINGo CONSIDERATION OF A SPECIAL USE PERMIT SP #94-18, BY LAWRENCE FELDSIEN OF SINCLAIR MARKETING CO.: �''� Per Section 205.15.O1.C. (4) of the Fridley City Code, to allow a repair garage in a C-3, General Shopping Center District, on Outlots 2 and 3, Block 1, Moore Lake Highlands 4th Addition, generally located at 6290 Highway 63 N.E. MOTION by Mr. Oquist, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTIN(� AYE, CHAIRPER80N NEpMAN DECI�ARED THE MOTION CARRIED AND THB ppgLIC HEARINa OPEN AT 7s50 P.M. Mr. Hickok stated the request is to allow reuse of an existing building along Highway 65. The automotive repair portion of the code in a General Shopping District requires a special use permit. The actual dispensing of fuel requires a special use permit as well. This facility does predate the special use requirements for the dispensing of fuel but it does cover requiring a special use permit to reuse the service portion of the building. Before 1974, this building had service bays that were visible from Highway 65. Those service bays were covered in 1974 and a special use permit was granted to allow the sale of campers and trailers on this site. At that time, the overhead doors had planters placed in front of the doors and a Sinclair sign placed over the front of the doors. Recently, Sinclair expressed an interest in removing the planters and sign, opening the service bays and leasing the facility to a � client who is interested to providing service at this site. Doing so requires a special use permit. ,�-� PLANNINa COMMISSION MEETINa� DECEMBBR 14, 1994 PAG$ 7 Mr. Hickok stated the City typically requires landscaping in the boulevard area in front of the pumps and would normally require a 20-foot landscaped area. Because this predates the requirement, there is parking closer to the property lines and there is not a 20-foot setback. When staff reviewed the site, staff realized there were certain given factors such as the location of the tanks, the circulation of the site as it exis�ts today, and the inability to do certain things like move the tanks. Staff recommended a number of stipulations as outlined in the staff report included with the agenda. After discussions with the petitioner, these stipulations were modified. The request does not adversely impact surrounding properties or use. Staff recommends approval of the request with the following stipulations: 1. A fenced screening area to the rear of the building shall be created. Fencing shall be eight feet in height, board on board design with an opaque gate (see ��improvement plan° for fence locations). Used tires, the dumpster, and the waste oil tank shall be stored within this storage area. 2. No junk vehicles shall be stored on site. 3. Vehicles leaking fluids shall not be stored outside without a � device to prevent fluids from running off site. 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the site shall comply with the UBC and UFC. 6. Additional landscaped areas lined with concrete curb as indicated on the improvement plan shall be provided by the petitioner on sitee The landscaped areas shall include underground irrigation. The landscaped areas shall include sod or seed, three ornamental trees, and shrub beds with evergreen and deciduous shrubs. 7. Any vehicles waiting overnight for repair shall be stored within the building. 8. The drive aisles shall be reduced to 32 feet. 9. Both overhead doors shall remain closed except to allow vehicles to be moved in and out of the service bays. 10. The petitioner shall submit a performance bond of $5,000 to cover the outdoor improvements. Mr. Hickok stated, after the staff report was completed and staff �..1 met with the petitioner, the petitioner expressed concerns about four stipulations. The petitioner felt they would be more comfortable with sayirtq that there would be no vehic�es outside � � ��, PLANNING CON�II88ION MEETING, DEC�MBER 14. 1994 PAGE 8 overnight and that the screened area would be for the used tires, the dumpster, and waste oil tank. The petitioner had concerns regarding the landscape requirements. The petitioner was uncomfortable with stipulations 9 and 10. Mr. Hickok stated, because the special use permit requires landscape improvements to the site, the petitioner took another look at what might be the eventual use of the site. The petitioner knows that by December, 1998, the tanks must be removed or modified according to State law to make sure they meet the current requirements for underground tanks. Consequently, the petitioner requested that the landscape improvements be done in conjunction with moving the tanks to the north side and reworking the customer parking and other elements on site. After reviewing, staff was comfortable with the fact that the petitioner has four years in which to that. Staff's recommendation is to place a timeline on the landscaping to say this is to be completed on or before December, 1998, or at the time the tanks are upgraded whichever occurs first. This would allow them to begin service on the site and would say the landscape requirements will take place. In the event the site plan changes during this process, staff would review those changes with the petitioner. Stipulation 8 requires 32-foot drive aisles but the hard surface as it exists goes out to the property line. The 32-foot drive aisles could be defined by planters or by painting the surface. Staff is looking at a solution that would eventually get the property into compliance so staff is looking at the same type of timeline for stipulation 8 as suggested for the landscaping. Mr. Hickok stated these modifications are agreeable with staff and the petitioner. The petitioner is here to discussion stipulations 9 and 10 and is uncomfortable with the circulation and comfort level of technicians if they work with the doors closed. Staff's position is that having the doors closed takes the impact of the automobile activity off of a major roadway. By current standards, staff may ask that those doors face another direction. Mr. Saba asked if a performance bond was typical for this type of activity. Mr. Hickok stated performance bonds are typicale The amount requested is considered relatively small. Mr. Saba asked if this bond would be held until December, 1998, if the landscaping and drive aisles were not in compliance. Mr. Hickok stated yes. Mr. Newman stated, rather than tie up a bond for four years, the City can revoke �he special use permit if �e work is not done. This seems like significant clout without a bpnd. Four years is a /—, PLANNING COMMI88ION MEBTING. DECTsMBER 14. 1994 PAGL 9 long time to have $5, 000 tied up, and there is also a paperwork issue to track a bond for four years. Mr. Newman asked if staff had looked at the issue of vehicles on site overnight. Businesses of this nature often have on site tow trucks, cars for sale, etc. Mr. Hickok stated the petitioner indicates they would keep the site clean outside. In lieu of having a storage area behind the building, no vehicles would be outside. Vehicles related to the operation would be in the service bays. Staff did not discuss tow trucks with the petitioner. The site should be a clear lot. Mr. Newman stated stipulation 7 should then read that all overnight vehicles should be stored within the building rather than just those waiting repair. Mr. Hickok stated this was his understanding. The petitioner is present to discuss the$e stipulations. Mr. Feldsien stated they have seen in the marketplace a number of trends, one of which is that to increase sales they must also provide service. At a number of their locations, there is an � interest in doing that and Sinclair is interested in moving in that direction. Sinclair has owned this facility since the 1960's. Some of the things discussed with staff have been resolved. There are still some issues. One of the issues is the outside storage of vehicles. In order to operate a service station, some vehicles must wait outside in order to service them during the day. His original thought was that at closing time there would be no vehicles outside. In further discussion with Mr. Reno, who would be operating the service station, some vehicles may need to be stored outside. Sinclair has a policy that they are not in favor of storing vehicles outside. Vehicles to be worked on are okay, but nothing that will be on site more than one day. The company checks their sites internally to police that policy. Mr. Feldsien discussed the issue of the overhead doors. This building is not air conditioned. To work on cars inside in the summer gets very hot. The overhead door issue is a matter of comfort and bears on the quality of the work done by the technicians. Mr. Feldsien stated, regarding the bond, if we do not perform our requirements, the special use permit can be taken awaye The company has more invested in the site than in the bond. Mr. Feldsien showed a preliminary site plan showing the intended ,� land use expansion while still meeting the code requirements. In order to meet the requirements, the dispensers could not be placed in the same location. The islands would need to be moved to the �-., PLANNINa COMMIBBION MLETING. DECEMHER 1�. 1994 PAGE 10 north side of the building. One concern in doing so is allowing room for trucks to come in and fill the tanks. The proposed landscaping and storage area was reviewed. Mr. Newman asked if Mr. Feldsien envisioned the overhead doors would remain facing Highway 65, Mr. Feldsien stated, at this point, yes. The mechanical and rest rooms are to the north as is the sales room. The only logical place for the service bay is where they are now or to the rear. If placed to the rear, the turn around is very tight. The building is only 30 feet from the property line. Mr. Newman stated he had less concern about the overhead doors being open if they faced the highway. If the doors are relocated, the neighbors may be concerned. Mr. Feldsien stated the building is made of concrete block and is in good condition. Sinclair has no intention of taking down the building. They might consider putting a canopy over the dispensers to the north of the building. Mr. Saba asked if there were any plans to have tow trucks on the /!� property. Mr. Reno stated they currently have a tow truck at their other location and would likely have one at this site. If this is an issue, they can keep it at their other location. Mr. Oquist stated the tow truck would be parked to the back or side of the building during the day and inside at night. Mr. Newman stated, getting back to the parking issue, he was not sure what the petitioner was requesting for parking. Mr. Feldsien stated he talked with staff and understood that they were to try to park all vehicles inside. In talking to Mr. Reno, he stated there may be additional vehicles they would have to park outside. The question is how many cars would there be at any given time. Mr. Reno stated the number would depend on the customer base. If they have a large customer base, they will have cars. If they are to have only two vehicles, they cannot operate a business. He does work for major area dealerships. Customers cannot always pick up their cars so there is some carry over. If they do a good business, there cauld be ten cars on the lot. That is part of the incidentals of doing this type of business. It should be good if ^ they can get the cars in and out of the site in a timely fashion. r'�, �`, PLANNINa COMMI88ION MEBTINa� DECEMBER 14. 1994 PAGB 11 Mr. Newman stated he recognized that the petitioner was sincere but a successor may have a different attitude. They want the petitioner to be successful. He understands certain vehicles will stay overnight. How do we guard against vehicles that constantly turn over versus a loaner car kept on site or selling a car? How do we distinguish the difference? Mr. Feldsien stated Sinclair does not allow any sales of vehicles on site. Mr. Reno suggested.wording that any vehicles that would be on site for more than 48 hours be behind the building. Mr. Newman asked if vehicles could be stored overnight in the screened area. Mr. Reno stated the fenced area was not large enough. Mr. Oquist suggested saying that any vehicle on the property for more than 24 hours has to be on the south side or in the area to the rear of the building. A fence goes around the property so the vehicles would not be exposed to Highway 65. Nir. Saba asked if there was a residential area to the back. Mr. Oquist stated there is not a residential area directly behind this site. There is commercial property to the south. Mr. ATewman stated the storage area appeared to be of good size. Mr. Hickok stated there is 45 feet from the building to the rear and 30 feet of space on the south side of the building. From a staff analysis standpoint and in light of this information, there is a controlling feature about a certain size containment area. There is not only effective screening of vehicles leaving an open and uncluttered space, but also has a just-in-time inventory aspect. He would suggest the language provide for a screened area or not to exceed a certain number of stalls to avoid clutter. Mr. Newman asked about including the suggestion that no vehicles are to be stored for more than 24 hours outside. Mr. Hickok stated this is difficult to enforce. This could require daily checks. Staff would be more comfortable to drive by and say they are exceeding, for example, 20� of the spaces or there are cars outside of the containment area. Mr. Oquist stated he was thinking the cars would be restrained to � the south and west side of the building with nothing to the east and north for storage. This would help to contain the storage parking in a certain ar�a. ,.�, PLANNINa COlyIIKI88ION MEETING. DEC�MBER 14. 1994 PAGB 12 Mr. Reno stated trying to pack the cars into a aignificant area of the lot would not look right. He suggested striping the lot to provide for logical parking. If cars are parked in an organized fashion, it would look okay. Mr. oquist stated he was concerned about a Sinclair station in the area that had a boat stored there for some time. He did not want that kind of clutter. Mr. Reno agreed there should not be clutter. He is not in the business to store vehicles. The parking lot could be striped for parking. The less mess there is the easier it is for them to work. The business plan is to provide general maintenance rather than major repairs. Mr. Hickok stated a parking area is 10 feet x 20 feet. The storage area would provide nine standard size parking spaces. Mr. Newman stated three cars could be parked in the 30 foot strip to the south of the building without jockeying vehicles. He is inclined to say to park inside or inside the screened area. Ms. Modig stated another service station has cars parked on the r"'� south and east. She did not think the Commission could make it more prohibitive for this petitioner than for another business in the City. The other station is across the street from a residential area. iiere the cars are going to be facing a parking lot and a shopping center. Mr. Hickok stated, as staff analyzed, one of the questions is, given the opportunity with the special use permit and given the conditions that exist on this site, would we allow that to happen again. That points out there are some unsightly issues detrimental to surrounding properties. Given the same opportunity, we would not allow that to happen again. We are asking the petitioner through the special use permit process to abide by certain conditions. Mr. Newman stated, to address Ms. Modig's concern, can we go back and adopt an ordinance that vehicle maintenance services areas not have vehicles stored outside for more than 24 or 48 business hours. Mr. Sielaff stated, if doing maintenance, there could be many cars there. Mr. Reno stated he has a location in Anoka which is in a residential neighborhood. At this location, they service 240 cars a month or about 12 cars per day. They have not had complaints � from their customers or from the neighborhood. It is a matter of being organized and being neat. The nature of the business is that there will be a number of cars. He hopes their business would be ^ Pl,ANNING COMMIBSION MEETINa. DECEMBER 14. 1994 PAaE 13 about the same in this location. Cars are constantly rotated. The site is kept neat and clean. Mr. Sielaff stated a restriction on clutter does not do much and is hard to police. Mr. Newman stated, as long as there is turnover, vehicles are not stored for weeks on end. Mr. Sielaff asked if there was anything that could be done to manage the flow in and out such as asking a customer to bring in their car and pick it up at a certain time. Mr. Reno stated they call those who do not pick up their cars. They have to do that anyway. The current parking only holds ten cars. Mr. Newman asked how many cars do they average staying overnight on site. Mr. Reno stated there are about ten cars average. This can be somewhat higher in the winter and lower in the summera -� Mr. Saba stated he would like to see some way to answer these concerns. He sees a need for such a service in this area. If there any wording to cover these concerns? Mr. Newman aslced if the Commission was comfortable with stipulating a maximum time of 48 hours. Ms. Modig stated she did not know how this could be enforced. Mr. Sielaff thought it made more sense to address the clutter directly which could mean having a separate storage area or restricting the number of parking spaces outside the facility. Someone could count the cars and, if above a certain number, it is a violation. Mr. Newman stated the problem he could see is when 15 customers want to drop off their cars the night before and they cannot do so because it is against the ordinance. Ms. Modig stated this does not address boats. Can this include language that these must be motorized vehicles? Mr. Reno stated the City of Anoka has an ordinance that says non- currently licensed vehicles must be moved in 48 hours. The city can also restrict the size of the vehicle to eliminate buses or ^ RV's or restrict the length. �. /''� PLANNINa COMMI88ION MEETINa. DECEMBER 14. 1994 PAG$ 14 Mr. Sielaff stated putting on a time limit still allows cars there as long as they are not there for 48 hours, Mr. Reno stated this can be policed by pulling the work orders. Mr. Oquist suggested wording that cars are to be orderly parked for no longer than 48 continuous hours or similar wording so that cars are parked in stall areas outside and turning them over in 48 hours. It is still hard to police but, if it becomes obvious that cars have been there a longer time, people can complain and the City can monitor. Mr. Hickok stated that is something staff can monitor and enforce. It does make it difficult to monitor the lot. Mr. Oquist stated he would also like to include that there shall not be any non-licensed vehicle there for more than 48 hours. We have that in our residential areas. Mr. Hickok stated this is true throughout the City and the City now has the authority to enforce. Ms. Modig asked if it would be beneficial to put on a height restriction. Mr. Hickok stated he thought the issue is the percentage of the site covered by vehicles. On a typical evening, there may be ten vehicles. There are ten defined parking stalls. We could expect that all parking stalls on the site, not including those on the back side of the building, will be full at all times. It was the clutter issue that staff was looking at. The fenced containment area allows nine vehicles and mandates rotation of vehicles. If they found they could not make it with nine vehicles, there are three more possible stalls to the south of the building. If the cars are to be screened and rotated, the fenced in area mandates rotation. If the Commission is comfortable with having vehicles outside, we should be specific to say that each vehicle needs to be in a parking stall. He is concerned about orderly conditions and the inventory on site. Mr. Newman agreed. However, with Minnesota winters and with snow and ice, it would be difficult to have nine cars at this site every night. Mr. Feldsien stated it would be hard to get snow out of that area. It could be a real problem. Mr. Newman stated, if there is a thriving business and 15 cars are ^ there, we need to provide some flexibility and tools for them to be in business at this location. � PLANNINa CO1rII�lI88ION MEETING. DECE�ER 14. 1994 PAG$ 15 Mr. Oquist stated having the cars in an orderly fashion means having the cars in parking stalls and not in the driving aisles and having a turn over every 48 hours would provide control. Mr. Newman asked if that was the direction with which the Commission was comfortable. He sees other issues including the bond which perhaps is not needed. The Commission agreed the bond could be eliminated and to delete that stipulation. Mr. ATewman asked for comments concerning the issue of the overhead doors. The Commission members had no problems with allowing the overhead daors to be open. Mr. Davis asked what was being required for the fenced area. Mr. Newman stated the fenced area is for screening used tires, the dumpster, and the waste oil tank. Mr. Davis stated he understood this also, but it sounded as if the � discussion meant the entire rear area needed to be screened. Mr. Sachs stated he lives in the area and he would like to have a station back in the area. They had a station there before which was very successful. Now he has to drive to get his car fixed. He would like to see a station back in the area. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPER80N NSWMAI�T DECLARED THE MOTION CARRIED AND T8E pIIgLIC HEARING CL08ED AT 8:47 P.M. Mr. Newman suggested the parking be restricted to include licensed motorized vehicles parked in designated parking stalls and not for more than 48 continuous hours. If the structure is remodeled and the overhead doors relocated, he would like to review the special use permit. The landscaping and striping of the parking lot should be completed by December 31, 1998, or at the time the underground tanks are installed. Mr. Sielaff asked how this would change on the site plan so the only stalls to be parked in are along the north and east of the building, Would there be parking stalls to the rear? ^ Mr. Newman stated, if it was within the ordinance, it would be okay. � PLANNINa COAIIrIIBBION MEETING� DECEMBER 14. 1994 PAaB 16� Mr. Sielaff stated his concern is there would be no parallel parking along the landscaped areas to the north overnight and parking along the west part of the lot overnight. Mr. Newman asked what would prohibit parking to the rear of the building. Mr. Hickok stated the petitioner could use that area for parking as long as the stalls are striped. Mr. Newman asked if they needed a clear space for drive lines. Mr. Hickok stated yes. If the petitioner wanted to have additional parking in that area, staff would work with the petitioner on different width drive aisles depending on how the stalls are designed. Mr. Sielaff expressed concern that cars could be parked all along the northwest corner of the site. Mr. Hickok suggested a stipulation to say that, in the event that the petitioner chooses to use this area for parking, they must have /� a pre-approved striping plan and the plan must be approved by City staff accordingly. Mr. Newman.asked if staff had a plan that defined the parking. Mr. Hickok stated the parking as presented is as it exists today. Mr. Newman suggested a stipulation that, if additional parking areas are designated above and beyond what is shown on the submitted plan, these parking areas must be approved by City staff in accordance with the ordinance. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP #94-18, by Lawrence Feldsien of Sinclair Marketing Co., to allow a repair garage in a C-3, General Shopping Center district, on Outlots 2 and 3, Block 1, Moore Lake Highlands 4th Addition, generally located at 6290 Highway 65 N.E., with the following stipulations: 1. A fenced screening area to the rear of the building shall be created. Fencing shall be eight feet in height, board on board design with an opaque gate (see ��improvement plan" for fence locations). Used tires, the dumpster, and the waste oil tank shall be stored within this storage area. 2. No junk vehicles shall be stored on site. ^ 3. Vehicles leaking fluids shall not be stored outside without a device to p�event fluids from running off site. ^ PLANNING CO1�II88YON MEETING. DECEMBER 14. 1994 PAGB 17 4. The signage shall comply with Chapter 214 of the City Code. 5. Alterations to the site shall comply with the UBC and UFC. 6. Additional landscaped areas lined with concrete curb as indicated on the improvement plan shall be provided by the petitioner on site. The landscaped areas shall include underground irrigation. The landscaped areas shall include sod or seed, three ornamental trees, and shrub beds with evergreen and deciduous shrubs, to be completed on or before December 31, 1998, or at the time of the installation of underground tanks, whichever occurs first. 7. There shall not be any outdoor storage outside of the screened yard area except for licensed motor vehicles which are parked in designated parking stalls provided they are not parked outdoors for more than 48 continuous hours. 8a The drive aisles shall be reduced to 32 feet, to be completed on or before December 31, 1998, or at the time of the installation of underground tanks, whichever occurs first. 9. In the event that the structure is remodeled so that the �`' overhead doors are located other than on the east side of the building, the special use permit shall be reviewed. 10. If additional parking areas are designated above and beyond what is shown on the submitted plan, these parking areas must be approved by City staff in accordance with the ordinance. IIPON A VOICE VOTTs, ALL VOTINa AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Hickok stated the City Council would consider this request on January 9. • Mr. Feldsien requested a copy of the minutes be sent to him. 3. RECEIVE THE MINLTTES OF THE PARKS AND RECREATION COMMISSION MEETING OF NOVEMBER 7 1994 MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the Parks and Recreation Commission minutes of November 7, 1994. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED TH8 MOTION CARRILD IINANIMOIIBLY. 4. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY � MEETING OF NOVEMBER 10 1994 r� PLANNING COMMI88ION MEETING. DECBMBER 14, 1994 PAa� 18 � - � � MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the Housing & Redevelopment Authority minutes of November 10, 1994. IIPON A VOICE VOTL, ALL VOTINa AYE� CHAIRPLRSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF NOVEMBER 22, 1994 MOTION by Ms. Modig, seconded by Mr. Saba, to receive the Appeals Commission minutes of November 22, 1994. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. ADJOURNMENT MOTION by Ms. Modig, seconded by Mr. Oquist, to adjourn the meeting. IIPON A VOICL.VOTE� ALL VOTINQ AYE� CBAIRPER80N NEWMAN DECLARED THE MOTION CARRIED AND THE NOVEMHER 30, 1994� PLANNINQ COIrIIrII88ION MEETING ADJOIIRNED AT 9:53 P.M. Respectfully submitted, ;� , � (,%�J L�'� � `�J'"% l�'L i� Lavonn Cooper Recording Secretary ,� � � S I G N— IN S H E E T PI,ANNING COMMISSIpN MSETING, Wednesday� December l4, 1994