Loading...
7.a)6) Staff Report-WomackCUPstaffreport Council 7 15 14 Memorandum To: Scandia City Council Reference: Womack CUP Request Motor Vehicle Repair Business Copies To: Kristina Handt, City Administrator Brenda Eklund, Clerk Project No.: 15485.012 From: Sherri Buss, RLA AICP, City Planner Routing: Date: July 8, 2014 SUBJECT: Womack CUP Request for Motor Vehicle Repair Business MEETING DATE: July 15, 2014 LOCATION: 21090 Ozark Court North Scandia, Minnesota APPLICANTs: Jean and Scott Womack 456 South Shore Drive Forest Lake, MN OWNERs: Michael and Nancy Peterson 122 South Val Vista Road Apache Junction, Arizona ZONING: Industrial Park District (IP) 60-DAY PERIOD: August 10, 2014 ITEMS REVIEWED: Application form dated July 9, 2014, business description, license information, and sketch plan BRIEF DESCRIPTION OF THE REQUEST The Applicants are requesting to a Conditional Use Permit (CUP) to operate a Motor Vehicle Repair business in an existing building at 21090 Ozark Court North. The property is located in the Industrial Park (IP) Zoning District. A CUP is required for Motor Vehicle Repair businesses in the IP District. Scandia City Council Womack Conditional Use Permit Request Page 2 July 15, 2014 BACKGROUND The Applicants are currently operating their motor vehicle repair business on Paris Avenue North in Scandia, where the business is a non-conforming use. They are proposing to move the business to the Peterson Excavating Building in Scandia’s Industrial Park, where it could be permitted as a Conditional Use. The business activities in the new location will be the same as the activities at the current location, but the number of service bays will be reduced from 5 to 2. The Applicants plan to use the west half of the building and a small office area. They will use existing parking in the adjacent parking lot. The business includes transmission and other vehicle repair services. All activities and storage will be within the building. The business operates with an existing Hazardous Waste Generator License issued by Washington County, and the County inspects the business for permit compliance. The applicants will need to obtain a new license to operate in the new location. Several businesses have operated in the past at this site with Conditional Use Permits, including equipment sales and repair and office uses. Vehicle repair was permitted in the past, but was limited to fire trucks only. The applicants need to obtain a new CUP for the proposed business. PLANS AND POLICIES Comprehensive Plan The Applicant’s proposal is within the Industrial Park Zoning District. The IP District allows for a variety of light industrial uses that do not have adverse environmental impacts and are able to utilized local streets for access. Motor Vehicle Repair, including body work and painting, is an allowed use in the District with a Conditional Use Permit. The proposed use is consistent with the Comprehensive Plan. General Criteria for Conditional Use Permits The following general criteria in the Development Code may apply to the review and approval of conditional use permit applications [Chapter 1, Section 8.4]. The criteria are listed in italics, and the Planner’s evaluation of this application for each criteria is given in plain text following each criteria: (1) The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The proposed business complies with the Comprehensive Plan policies for the IP District. It will not require additional public facilities, or impact the City’s capital improvements plan. (2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Scandia City Council Womack Conditional Use Permit Request Page 3 July 15, 2014 The business generates some hazardous waste. Disposal of the waste is regulated by Washington County via a license and inspection. The Planner has proposed a condition that the business must obtain a Hazardous Waste Generator License for the new location, and maintain and comply with its license. (3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The adjacent properties are within the Industrial Park District, and their use will not be impacted by the new use. The parcel where the business is proposed is screened from nearly non-industrial properties by existing woods. The proposed use will need to comply with the performance standards in the Development Code, and with compliance, it will not impair the value of adjacent properties. There are no scenic views identified within the IP District. (4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The use will be conducted within the building, and is a permitted use in the IP District. It will not impede the development of adjacent properties for other uses that are permitted in the IP District. (5) Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. Adequate public facilities and services are available to serve the proposed use. Additional streets, maintenance, police and fire services are not needed to support the use. (6) The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The Planner has included conditions for the CUP to require that the business operate in conformance with the standards in the District. (7) The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. The Planner has included conditions for the CUP to require that the business operate in conformance with performance standards in the Development Code . The Planner finds that the proposed use is consistent with the criteria for approving conditional use permits in the Development Code. Scandia City Council Womack Conditional Use Permit Request Page 4 July 15, 2014 ZONING CONSIDERATIONS Motor Vehicle Repair businesses are permitted to operate in the Industrial Park (IP) Zoning District by CUP. The existing building meets the dimensional requirements, and no additions or changes are proposed to the building. A review of the applicable Performance Standards for Motor Vehicle Service Stations [Chapter 2, Section 4, item 4.18] includes the following:  A drainage system shall be installed for the collection of hazardous materials, and is subject to approval by the Zoning Administrator. A drainage system for collection of hazardous materials exists at the site, and may be inspected by the City or by Washington County as part of the operating permit.  The entire site other than that devoted to structures and landscaped areas, shall be an impervious surface and maintained for control of dust, erosion, and drainage. The area of the site that will be rented to operate the business--the building and adjacent parking areas--is covered by an impervious surfaces. The Planner has included a condition that the applicants shall complete all repair operations and park all vehicles within the impervious surface areas, and shall maintain the control of dust, erosion and drainage from the surface.  No vehicles shall be parked on the premises other than those utilized by employees, customers awaiting service, or as allowed by the conditional use permit. Storage of salvage vehicles shall be prohibited. The Planner has included this as a proposed condition for the CUP.  All areas used for storage and disposal of trash, debris, discarded parts and similar items shall be fully screened. All structure and ground shall be maintained in an orderly, clean and safe manner. No outside storage will be permitted. The Planner has proposed that trash equipment (dumpster) shall be located to be screened from views from adjacent properties.  Landscaping shall be planted to buffer the use from adjacent residential land uses. The site is buffered from residential uses to the east by existing trees. The Planner has included a condition that the existing screening be maintained. Environmental Regulations The business currently operates under a Hazardous Waste Generator License granted by the Washington County Department of Public Health and Environment. The Planner contacted Department staff regarding the existing license and requirements for licensure at the new location. Washington County staff provided the following information:  The operation has had good compliance with its license, with no violations.  The license cannot be transferred to the new location. The applicants will need to apply for a new license to operate at the new location. The Planner has included a proposed condition that the applications shall obtain the required Hazardous Waste Generator License for the new location. Hours of Operation The hours of business operation shall be 7 a.m. to 5 p.m., Monday through Friday. Scandia City Council Womack Conditional Use Permit Request Page 5 July 15, 2014 Parking According to Chapter 2, Section 3.10(4)(C), Motor Vehicle Service Stations must provide two (2) spaces plus 3 spaces for each service stall. The business will include 2 service stalls, and will require 8 parking spaces. The existing parking adjacent to the business meets the required parking space requirements. Signs The Applicant plans to use the existing sign for Peterson Excavating, and will replace the face of the sign with a new sign that will not exceed the size of the existing sign. The proposed conditions require that the applicants submit a drawing of the sign to the City for approval of an sign permit by the Zoning Administrator. PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION The Planning Commission held a public hearing on the Womack’s application at its regular meeting on July 1, 2014. The Commission received no written or verbal comments on the request for a CUP. The Commission discussed the screening between the business and adjacent uses and confirmed that it is adequate. The Commission recommended approval of the CUP. OPTIONS FOR THE CITY COUNCIL: The City Council can do one of the following: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING COMMISSION RECOMMENDATIONS The Planning Commission recommends that the City Council approve a Conditional Use Permit to allow a Motor Vehicle Repair Business at 21090 Ozark Court North. The Commission recommends the following conditions of approval: 1. The use and site operations shall be consistent with the application dated June 6, 2014. 2. The applicants shall obtain a Hazardous Waste Generator License from Washington County to operate at the new location. The business shall comply with the license requirements at all times. 3. All vehicle repair operations, parking and other business operations shall be conducted on paved surfaces. The applicants shall maintain the control of dust, erosion and surface drainage within the site. 4. No vehicles shall be parked on the premises other than those utilized by employees, customers awaiting service, or repaired vehicles waiting for pick up. Storage of salvage vehicles is prohibited. Scandia City Council Womack Conditional Use Permit Request Page 6 July 15, 2014 5. Areas used for storage and disposal of trash, debris and discarded parts shall be fully screened from adjacent uses. The site shall be maintained in an orderly, clean and safe matter. No outside storage is permitted. 6. The applicants and owners shall maintain the existing screening on the property. 7. The applicants shall provide 8 parking spaces on the site. 8. The applicants shall submit a drawing of the proposed sign that would replace the existing sign on the property to the Zoning Administrator for approval. No additional signage is permitted for the business. 9. The Applicant shall pay all fees and escrows associated with this application.