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10-29-12 CC SP Agenda CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 Phone: (952) 960-7900 • FAX: (952) 474-0128 • Email: planning@ci.shorewood.mn.us PLANNING AND PROTECTIVE INSPECTIONS MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 26 September 2012 RE: Triple B Equities – Conditional Use Permit Amendment FILE NO. 405(12.12) BACKGROUND Triple B Equities, LLC, represented by Blair Bury, is the owner of the property at 24470 Smithtown Road (see Site Location map – Exhibit A, attached). In 2001 Triple B was granted a conditional use permit to operate an auto sales business on the property. The resolution granting the C.U.P. is attached as Exhibit B. The auto sales business is no longer in operation and Mr. Bury proposes to lease part of the property and part of the existing building to Jim and Jae Steinwand to operate their auto repair business. As noted in Exhibit B, the property contains 40041 square feet of area and is zoned C-1, (formerly C-3) General Commercial. The building contains 7740 square feet of floor area, of which Triple B uses 3740 square feet for storage. The site plan for the property is shown on Exhibit C. The Steinwands propose to occupy the easterly 4000 square feet of the existing building and a brief description of their business is included in a letter, dated 27 August 2012 (Exhibit D). The floor plan for the space they intend to occupy is shown on Exhibit E. ISSUES AND ANALYSIS “Auto Repair – Minor” is listed as a conditional use in City Code Section 1201.22 Subd. 4. d. of the C-1, General Commercial zoning district. Following is how the applicant’s request complies with the Code: 1.The applicant does not propose to sell or dispense motor fuel. Sale of motor oil will be limited to oil change service. In this regard, the storage of new and used oil is subject to 1 Memorandum Re: Triple B Equities - CUP Amendment 26 September 2012 the requirements of the State Fire Code and should be subject to review and approval by the Excelsior Fire District. 2.There is no proposal to change the architectural appearance or functional plan of the existing building. 3.There is no change proposed for the existing site plan. It should be noted that the current C.U.P. limits any outdoor sales of vehicles to eight in number. 4.Drainage for the property remains unchanged. 5.The parking area in front of the property is curbed and striped per City Code requirements. 6.No change is proposed with respect to site lighting. 7.No fuel pumps are proposed, nor should any be allowed. The site does not lend itself to motor fuel sales. 8.No change in landscaping is proposed by the applicant. It should be noted that the rear of the building is quite exposed to the Gideon Glen Conservation Open Space property and the residential uses to the north. It is recommended that additional landscaping be incorporated into the rear yard of the property, even if it is placed inside the fence. It is recommended that a mix of evergreen and deciduous trees be planted along the north property line in order to soften the view of the back of the building from properties to the north. 9.Parking and outside storage are already well screened from the view of nearby residential zoning districts by existing vegetation and fencing. 10.The site has one driveway onto Smithtown Road, which is not proposed to be changed. 11.Signage for the property is subject to the restrictions for the C-1 zoning district. That is, the property is allowed up to three signs, one of which can be a freestanding sign. The total area of signage cannot exceed 10 percent of the area of the building silhouette, as viewed from the street. It is worth noting that the existing freestanding sign structure on the property is nonconforming in that the two faces are not parallel. Unless that is changed, both faces of the sign will be counted against the total allowable sign area. 12.With respect to noise, it is recommended that no service work be allowed to take place outdoors. The proposed hours (8:00 A.M. to 8:00 P.M., Monday through Saturday) should be adequate to prevent any disturbance to nearby residential development. 13.Outdoor storage should be limited to the confines of the existing fence system. In no instance should the front parking area be used for any kind of outdoor storage. 2 Memorandum Re: Triple B Equities - CUP Amendment 26 September 2012 14.Future modification of the conditions of approval is not anticipated. Any such modifications would be addressed as part of code compliance issues that may occur. 15.The subject property is part of the Smithtown Crossing Redevelopment Study, which has recently been recommended to the City Council by the Planning Commission. While the proposed use is not consistent with the character of commercial development envisioned by the Study, it does comply with current zoning regulations. The SCR Study recognizes that individual sites may develop independently. The mitigating factor in this case is that neither the site, nor the building is being changed at this time. RECOMMENDATION Approval of the applicant’s request is not quite as simple as deleting paragraph g. from the 2001 resolution. It is recommended that the resolution be redrafted to address items 1-15 in the section above. Approval of the C.U.P. should include a requirement that a landscape plan for the rear of the property be subject to review and approval by staff and/or the Planning Commission. Cc: Bill Joynes Tim Keane Blair Bury Jim and Jae Steinwand 3 WTI r, al A - I so, LL C C) CD (D C) C) L-j e B Equities — C. U.P. Amendment RESOLUTION NO. 01 -044 . ,, WHEREAS, Triple B Equities LLC, doing business as Smithtown Motors, (Applicant) is the owner of the real property located at 24470 Smithtown Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicant proposes to use a portion of the property for the outdoor sales and display of used cars; and WHEREAS, the Shorewood Zoning Code provides for outdoor sales and display by conditional use permit, and the Applicant has applied for a conditional use permit, pursuant to Section 1201.21 Subd. 4.e. of the Shorewood City Code; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were made verbally at the public hearing held on 3 July 2001; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 July 2001, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request for a conditional use permit was considered by the City Council at their regular meeting on 23 July 2001, at which time the Planner's comments and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT The subject property is located in a C -3, General Commercial zoning district and is bordered on the north, east and west by commercially zoned property. The property to the south is zoned for residential use, but is currently occupied by a golf course. 2. The subject property contains approximately 40041 square feet of area. 3. The existing building on the property contains approximately 4000 square feet of floor area, to which the Applicant has received approval to add an additional 3740 square feet of floor area. 4. The Applicant proposes to sell used cars and display as many as eight cars in front of the existing building. Exhibit B RESOLUTION 01 -044 Dated 23 July 2001 The area proposed for outdoor display will not exceed the floor area of the principle structure. 7. The Applicant proposes no additional site lighting other than that which has been previously approved for the site. • ��� -• t t ��t � t' y� - 9. The existing building plus the proposed addition requires 22 parking spaces, which spaces can not be used for outdoor display. The applicant has demonstrated that 22 spaces can be provided beyond the area to be used for display CONCLUSIONS 1. Based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. No temporary signs, banners or other attention - getting devices will be allowed in conjunction with the sale of used cars on the property, except that cars displayed for sale may display information as follows: (1) Legal information required by State laws. (2) Windshield signage no larger in area than ten percent of the area of the windshield and limited to the year and price of the car. b. No signs shall be posted in building windows, and all City sign ordinances shall apply to the business. C. The number of cars displayed for sale shall not exceed eight (8). Spaces for cars on display shall be clearly identified on the site plan as well as on the display area. d. Hours of operation shall be limited to 8:00 A.M. to 8:00 P.M., Monday through Saturday. Cars must be delivered to the site on small trucks or driven in. No on- street loading shall be allowed. f. Lighting for the property shall be as previously approved by the City. g. No repair of automobiles shall be allowed on the site. -2- 2. That the City Clerk is hereby authorized and directed to provide a certified copy of th Resolution for filing with the Hennepin County Recorder or Registrar of Titles. i ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of July 2001. . til(A2 140, PON CRAIG DAWSON, CITY ADMINISTRATOR -3- NORTH 1 ,3:1 c e Lo 0 O N I� Ln of INTER! 5 ° 46'55 "E -� SMiTN' 1 . 4 9(MEAS) 9 Rii((1CCil TEL P 300.On, - - .. � —_ AISO__ THE S�l) {}j:OF SMI TOWN ROAD -' Exhibit C EXISTING SITE PLAN a r- _ o a C 3 � rig • N �.�IT2 To the City of Shorewood, Please consider approval of our plans of operating an automotive /light truck repair facility at 24470 Smithtown Road in Shorewood. The request is to maintain the terms of the existing CUP with the exception of Item g. in the Conclusion Section. Please change to allow automotive /light truck repair on the site. It is our desire to start business as early as possible in October 2012. The normal business hours will not exceed Sam to 8pm Monday- Saturday, closed on Sundays and holidays. Repairs we will be doing will be as you may expect from places like Goodyear, Leighton's Garage, Tonka Bay Auto, Etc. My wife and I are very much in agreement that the building exterior and interior will reflect professionalism and neatness at all times. Thank you for your consideration. SiWerely, Jim a d J Steinwand ,,, MW Exhibit D TENANT'S REQUEST LETTER Dated 27 August 2012 G 5 i o, f CI S O 'C C C N � T v T � ff G T �9 a� v a� �C 0 a'S � a o. H 5 9 � k7 �v v° A T � o ,N � 3 o � , O � S s � � A 6 a r z a � c o 0 a y ly t4 F W � � F T N � zzq� 4 P z a � � ° a 5 a� 3 � 0 _ 'LOOR PLAN CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, OCOTBER 2, 2012 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Geng; Commissioners Charbonnet, Davis, Garelick, Hasek and Muehlberg; Council Liaison Hotvet; and Planning Director Nielsen Absent: Commissioner Hutchins APPROVAL OF AGENDA Davis moved, Hasek seconded, approving the agenda for October 2, 2012, as presented. Motion passed 6/0. APPROVAL OF MINUTES  September 18, 2012 Hasek moved, Davis seconded, approving the Planning Commission Meeting Minutes of September 18, 2012, as presented. Motion passed 6/0. 1. 7:00 P.M. CONDITIONAL USE PERMIT FOR AUTOR REPAIR BUSINESS Applicants: Blair Bury, Triple B Equities, LLC Location: 24470 Smithtown Road Chair Geng opened the Public Hearing at 7:02 P.M., noting the procedures utilized in a Public Hearing. He explained if this item is acted upon this evening it will be placed on an October 22, 2012, Regular City Council meeting agenda for further review and consideration. He noted Blair Bury, representing the applicant Triple B Equities, LLC, (Triple B) is present this evening. Director Nielsen explained Triple B owns the property located at 24470 Smithtown Road. In 2001 Triple B was granted a conditional use permit (C.U.P.) to operate an auto sales business on the property. Part of the building was also used for storage of personal property. The meeting packet contains a copy of the resolution granting the C.U.P. in 2001. The applicant is asking that the 2001 resolution be revised to allow minor auto repair as a conditional use in the C-1, General Commercial zoning district in which the property is located. The property is zoned C-1 and it contains just over 40,000 square feet of area. (It used to be zoned C-3.) Mr. Bury proposes to lease part of the property and the easterly 4,000 square feet of the existing building to Jim and Jae Steinwand to operate their auto repair business. Nielsen noted the applicant has suggested deleting paragraph g from the 2001 resolution. Paragraph g stated “No repair of automobiles shall be allowed on the site.” He explained it is not that simple because CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 2, 2012 Page 2 of 19 the section in the City Code that allows auto repair C.U.P. does have a list of its own conditions that must be addressed. They would have to be incorporated into a new resolution. With regard to the analysis of the case, Nielsen reviewed how the applicant’s request complies with the conditions in City Code Section 1201.22 Subd. 4.d. 1. The applicant does not propose to sell or dispense motor fuel. Sale of motor oil will be limited to oil change service. In this regard, the storage of new and used oil is subject to the requirements of the State Fire Code and should be subject to review and approval by the Excelsior Fire District. 2. There is no proposal to change the architectural appearance or functional plan of the existing building. 3. There is no change proposed for the existing site plan. The current C.U.P. allows outdoor sales of vehicles in the front of the property and it limits it to eight. 4. Drainage for the property remains unchanged. 5. The parking area in front of the property is curbed and striped per City Code requirements. 6. No change is proposed to site lighting. 7. No fuel pumps are proposed, nor should any be allowed. 8. No change in landscaping is proposed by the applicant. Staff recommends additional landscaping be incorporated along the rear yard of the property, even if it is placed inside the fence. The rear of the building is quite exposed to the Gideon Glen Conservation Open Space property and the residential uses to the north. 9. Parking and outside storage are already well screened from the view of nearby residential zoning districts. 10. The site has one driveway onto Smithtown Road and no change is proposed. 11. Signage for the property is subject to the restrictions for the C-1 zoning district which allows up to three signs, one of which can be a freestanding sign. The total area of signage cannot exceed 10 percent of the area of the building silhouette, as viewed from the street. The existing freestanding sign structure on the property is nonconforming in that the two faces are not parallel. Unless that is changed, both faces of the sign will be counted against the total allowable sign area. 12. With respect to noise, it is recommended that no service work be allowed to take place outdoors. The proposed hours (8:00 A.M. to 8:00 P.M., Monday through Saturday) should be adequate to prevent any disturbance to nearby residential development. 13. Outdoor storage should be limited to the confines of the existing fence system. In no instance should the front parking area be used for any kind of outdoor storage. 14. Future modification of the conditions of approval is not anticipated. Any such modifications would be addressed as part of code compliance issues that may occur. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 2, 2012 Page 3 of 19 15. The subject property is part of the Smithtown Crossing Redevelopment Study, which has recently been recommended to the City Council by the Planning Commission. While the proposed use is not consistent with the character of commercial development envisioned by the Study, it does comply with current zoning regulations. The Study recognizes that individual sites may develop independently. The mitigating factor in this case is that neither the site nor the building is being changed at this time. Nielsen noted that Staff recommends approving the C.U.P. and drafting a new resolution which would address the fifteen items he just reviewed. Staff also recommends approval of the C.U.P. include a requirement that a landscape plan for the rear of the property be subject to review and approval by Staff and/or the Planning Commission. Nielsen also noted that Mr. Bury and Mr. Steinwand are present this evening. Blair Bury, representing Triple B the owner of the property located at 24470 Smithtown Road, stated he has no issues with any of the items Director Nielsen spoke about other than items 8 and 11. With regard to item 11 related to signage and the 10 percent restriction, Mr. Bury explained the current total area of the two sides of the signage is 64 square feet. He thought the current signage complies with the restriction but that may depend on how the silhouette area is calculated. He noted the intent is to comply. Mr. Bury stated he was a little bit surprised by the landscaping requirement. He explained he did go to the site and try and figure out what the issue may be. He noted trees on the Gideon Glen property encroach and actually grow through the fence on the 24470 property. He explained he trims the trees and cleans them up so the fence line is clean. He extended the offer to the Public Works Department to access the dead trees by coming onto his property to trim those trees. He explained there is not a good way to plant trees inside the fence in the area behind the l-shaped that is part of the lower building. The area is filled with snow 4 – 5 feet deep during the winter if there is a significant snowfall. Nothing will survive in that area between the building and the fence. He noted there are heating and air conditioning units on one side. Therefore, there is only one area where additional plant screening may survive. He commented that the Steinwands intend to call their business My Car Guy, LLC. Chair Geng asked Director Nielsen to comment on Mr. Bury’s thoughts about a natural barrier. Nielsen stated what is being proposed is close to what Staff is looking for. Nielsen noted it is thicker on the westerly half. It would be good to get something more than what is there. Nielsen stated the City can put in some plantings on the Gideon Glen property on the City’s side of his fence far enough away from the fence so they don’t encroach. Geng stated it is his understanding that the dead trees on the Gideon Glen property near the property line need to be replaced. In response to another question from Geng, Nielsen explained he would be satisfied with plantings that are a continuation of what has already been done along one side of the building. They would wrap around the corner. Geng asked if that could be addressed in the resolution. Nielsen stated it could be. Commissioner Davis asked Mr. Steinwand where they are running their business from now. Mr. Steinwand explained he operates the Midas Shop located near Highway 7 and Vine Hill Road and he has worked with that corporation for 23 years. He and his wife decided now was a good time to do run their own business. Davis then asked how the Steinwands’ business will differ from Lake South Automotive on the other end of the lot. Mr. Steinwand stated he does not know what services that company offers. Davis stated it provides automotive repair. Mr. Steinwand noted that is what they will be doing also, and highlighted some of the types of repair and maintenance services they will provide. Davis asked what the lease term is. Mr. Steinwand responded two five-year terms. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 2, 2012 Page 4 of 19 Commissioner Hasek asked if the existing C.U.P. for sales of vehicles would remain in place. Director Nielsen stated the applicant is asking to retain that flexibility. Hasek stated currently there is 7740 square feet of building area and there are currently 18 stalls striped. He asked if that is adequate for that amount of space or is there additional parking being counted inside of the fence. Nielsen responded there is additional parking inside of the fence being counted, and noted that is why there is a limit of 8 cars for display. Hasek stated he thought the arborvitaes planted on the east side are up against the building. He asked Director Nielsen if he suggested arborvitaes be planted in the back be against the building or against the fence. Nielsen stated he wants to take a look at that, but was thinking more along the fence. Something to soften the view, not necessarily block it entirely. Hasek then stated the existing site plan shows there is a small depression along the backside of the parking on the American Legion property. He asked if that is where part of the drainage goes. Mr. Bury stated as part of the original C.U.P. there was a requirement to control the drainage on the 24470 site and have it flow back to the Gideon Glen ponding area. He explained there is no way for the stormwater to flow to that low area. Hasek went on to state that as long as the City is being asked to revise the C.U.P. he asked if the City has the right to ask the applicant to address drainage onsite if it is possible. Director Nielsen explained that if they were changing anything he would say yes, but they are not physically changing the site or the building itself. Hasek stated a new building had been built and what had been a gravel parking area is now all paved. Nielsen noted that was all taken into account as part of the original C.U.P. Hasek asked if the City has received any complaints from residents regarding noise or lighting on this site. Director Nielsen responded no. Hasek asked if the current building and site conform to all of the City’s zoning ordinances. Nielsen stated the buildings are located properly and the parking setbacks are fine. He noted the older part of the building does not comply with the construction requirements. That was grandfathered in. Hasek suggested leaving the hours of operation vague until the noise ordinance is discussed later in the meeting. Nielsen stated that could be left open. Mr. Bury stated the hours of operation proposed are the same as in the original C.U.P. He expressed his support for the hours being consistent with those in a proposed noise ordinance. Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:29 P.M. In response to a comment from Commissioner Garelick, Director Nielsen stated the way the property is being used and the way it is proposed to be used is not consistent with the guiding principles in the Smithtown Crossing Redevelopment Study. It is consistent with the current ordinance. Hasek moved, Davis seconded, recommending approval of the conditional use permit for Triple B Equities, LLC, for the property located at 24470 Smithtown Road to allow minor auto repair as a conditional use subject to the resolution including the fifteen items recommended by Staff and subject to a landscape plan for the rear of the property being approved by Staff. Motion passed 6/0. Chair Geng closed the Public Hearing at 7:33 P.M.