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2015 01-21 PC PACKET
CITY OF GE.M LAKE, MN 4200 Otter Lake Road Gem Lake, MN 55110-3227 Telephone: 651-747-2.790 E-mail: C iy@,gemlakeN .ors Gem lake Planning Commission Special Meeting Agenda. 21 January, 2015 Call to Order of the Planning Commission of Gem Lake: Wednesday, January 21, 2015 at 7:_p.ni. atthe Gem Lake City Hall conference room. Roll Call: .Johnson _ Pratt Wippich_ Herzog _ Marier Approval of Planning Commission: 1. November Minutes 2. January Agenda OLD BUSINESS None. PUBLIC BEARING 1. Remodel for Barnett Kai building for use by Newtrax, PAI and Merrick, Inc.: Application for a. Non Conforming. Use Permit 3700 Highway 61 Gem Lake, MN 55.110 NEW BUSINESS None. OPEN ITEMS None. FUTURE MEETING: Planning Commission Meeting February 3, 2015 at 7:00..p.m. ADJOURN: CITY OF GEM LAKE, MN 4200 Otter Lake Road .Gem Lake., MN 55110-3227 Telephone 651-747-2790 E-mail GityGgeriilakeMN.ojU Gem Lake Planning Commission Meeting Minutes 5 November,2014 The regular meeting of the Planning Commission of Gem Oke was called to order by Chairperson Benjamin Johnson on Wednesday, November 5, 2014 at 7:01 p.m. at the Gem Lake :City. Hall conference i oom. The foilowing members were pte5ent: Chairperson Ben Johnson and Planning. Commissioners Beth Herzog, Arthur Pratt and Dam Wrier: Commissioner Derek Wippich was not in attendance. Planning Commission October Agenda: Chairperson Johnson asked. for any changes, deletions, or -added agenda items. Ncine was given a-bd Upoh motion by Corhmissioner Pratt a.nd seconded. by Commissioner Herzog; the November 5; .2o24 agenda was approved. Ayes = 4,. Nays -.0. Planning Commission October 2014 Minutes: -The October Planning Commission minutes were reviewed. Upon motion by Commissioner Herzogand seconded by Chairperson Johnson, the October PlahninkComrhission minutes were approved. Ayes- 4, Nays - 0. OLD BUSINESS None PUBLIC HEARING Opened-7:07.p.m., Closed.- 7:13: p.m. A. High Tech Auto Services —Application for Non -Conforming Use Permit. 3599 HOffmail Road *Gem:Lake, MN 5$1-10 Representatlyes of High*Tech-Auto were: present during the Public Heath g.portion of the PC Meeting. Following the close of .the. Public Hearing, Commissioners then discussed the Non -Conforming Lase Permit request for High Tech Auto Services. Under 917:5 of the City of Gem Lake..Zonirig Ordinance (#43k) and with direction from a. Staff Report provided by White Bear Township Town Planner Tom Riedesel, the Commissioners reviewed the recommended. conditions and.disc400d additions. 1 Section 9.6:5 of Ordinance #107 (now #i107B) was modified to Mirninate "automotive repair. &.service" and Appendix A. relating to Non -Conforming .uses. was adopted. Non -Conforming Use Permits most be approved by -the City for uses no longer considered allowed within the Gateway District. The following Conditions were discussed and approved for *recommendation to the Gem Lake City council: 1. Permit is valid for 12 months from. Effective Date. -2.. Annual re -application, subject to review, is required: in order to: renew the permit. 1. Permit is effectiveJanuary 1, 2015. 4. Rermit expires Month Day, 2015. .5. Permit is.non-transferable. 6. In the event that redevelopment plans are approved. for the land the business is located on, this permit shall remain-valid*through the expiration date and shall be. non-renewable thereafter. 7. This permit may be renewed a maxiimum.of five (5) times. 8. Anycorriplaints within the twelve moriths make.the permit subject to revocation. 9. Installation of :automotive: awessories. and minor auto repoirs -are permitted including; but not limited t% the followirig: a. Auto Staittero- b. New Tires.and: Wheels c: Alternators d.. Batteries e. Brakes f. Tune-ups g. Oil change h. Wiper Blades i. Bulb light replacement. j. Tire repair 10. All hazardous materials shall be stored in'. accordance with Federal, State and local laws and Ordinances and waste materials shall be.=disposed. of by an approved environmental -services company. Identification and contact inforrndtion for the environmental services company shall be included on the annual application/re-application. 11. No new or used tires to be stored or displayed .outside of the building. 1.2. Business will riot be conducted between the hours of 10:00 p:rn. and 6:00.a.rn. 13. Business traffic.shad enter.and exit from Hoffman Rd,. not County Rd E. 14. Trash containers shall be placed in: a screened enclosure. 15. Two bays shall be open pet orie: mechanical employee with.a maximum of 4 bays. 16. There shall be a maximum of 5.pa*in9:s0ace0orthiS business which includes a handicap parking space. 17. Vehicles awaiting report shall not be stored outsidefor more than five (P) business days.. 18. All Federal, State and local laws and Ordinances shall be cbm*0lied with. 2 k.. The Planning Commission also reviewed the proposed amendments to Ordinance 69 and recommended that the City Councilapprove those changes.. It was :recommended that if the. City Council . would like to add a provision regarding the exterior appearance of the business (in response.#o reported community -concerns), --the following language was suggested: 1. The exterior color of the building shall blend in with the decor of the area. NEW BUSINESS None OPEN ITEMS None FUTURE MEETINGS: Planning Commission Meeting: December 2, 2014 at 7:00 p.m. ADJOURN: Upon motion by Commissioner Herzog, and seconded by Commissioner Marier the November 5, 2014 regular meeting of the Planning Commission was adjourned at 7:25 p.m..Ayes — 4, Nays _ 0. APPROVE©: ATTEST: ATTEST - Benjamin Johnson Art Pratt Chairperson Commissioner K3 Gem Lake Planning Commission Meeting 5 November, 2014 Sign In Sheet, Angie. Gonzalez Joseph Dorado WHITE BEAR TOWNSHIP Iaya MiN VI.SUTA Memo To: Planning. Commission From: Tom. Riedesel Date: December.30, 2014 Subject: Remodel of Barnett Kia Building Permit: Non -Conforming Use Permit Location: 3700 Highway 61 Applicant: Barnett — Jack Mayerin for Newtrax, PAI & Merrick Zoning: Gateway -- Neighborhood Center Barnett Properties ! AMC Jeep Renault of White Bear Inc. owner of the property at 3700 Highway 61 is working with Gunderson Construction to remodel the former Kia building for use as an office, bus parking and repair for Newtrax, PAI .and Merrick, Inc. Newtrax, PAI and Merrick is a non-profit company providing services to the handicapped. The building is currently vacant and in disrepair. The applicants propose .to remodel the building including: replacing several overhead garage. doors, windows, a store front door and windows, the existing roof; adding .bollards, new A. D.A. ramps, repainting the building, restriping the parking areas and converting the showroom portion of the building to office space. An existing accessory building North of the main building is proposed to remain as is and the secured parking lot on the Southeast portion of the site, which is used by Barnett Auto, will remain as is: The building is proposed to be used for the following purposes:. Office use by employees of Newtrax. There would be approximately 1.5 office work stations. Outside bus parking for approximately 40 small busses: Bus drivers will. park their personal vehicles on the site and use. the. buses for their routes. Sus. washing: Buses would be washed inside of the building by 2 crews: of developmentally disabled adults during a gam — 1 pm work shift. Each crew would have 5 - 5 workers. Baling of plastic recyclables: Plastic recyclables will be delivered to the property in 10 foot. box trucks where they will be unloaded by developmentally disabled adults and baled for shipping to a recycling outfit. Approximately 4,000 sq. ft. of the building would be used for plastics baling, Two balers are planned. - The parking lot will be striped for 175 parking stalls. The property is zoned Gateway — Neighborhood Center. The zoning district permits the following: - Office uses: medical and dental offices used by five or fewer medical principals. - Retail Uses: Permits for the sale of merchandise and food service; banks with teller services, athletic clubs and fitness. centers, that are not the primary use. of the building space, personal service businesses.,. if not the. primary use of the building including; barbershop/ beauty salon; clothing rental and dry-cleaning pickup (but not onsite processing) and tailor shops, - Commercial uses including athletic club 1 fitness center {primary or only use of building space} business school or trade school, veterinary clinic, funeral home, hotel, recreation.primary use (such as a bowling alley), cabinet and carpentry shop,. heating, plumbing or electrical sales & services; printing shop, upholstery shop and warehouse: Conditional use of the site assigned as commercial use are; light industrial uses which manufacture, process; store and distribute foods and materials hot. likely to create off site noise, odors, vibrations, dust, smoke, heat, glare or other objectable influences and are generally dependent on raw materials, refined elsewhere. New uses not listed as permitted or conditionally permitted in the zoning district are not permitted. Reuse of an existing site building in a manner which is not listed as permitted may be approved by issuance of a non -conforming use permit. A non -conforming use permit is issued in order to recognize the existence of uses which are lawful when. established but no longer meet all ordinance requirements. The building which is proposed to be remodeled was originally constructed as an auto dealership including auto service. This use is no longer permitted in the Gateway Zoning District. In order to approve the Newtrax proposal, a non -conforming use permit must be approved which recognizes the proposed land use is not currently an allowed use in the zoning district but was conforming at the time of development. A non -conforming use permit maybe granted, but is not mandated, when the applicant meets the burden of proving that the proposed: use is a reasonable use of the property considering such things as: 1. Functional and aesthetic justification for the use; 2. Adequacy of off-street parking for the use, 2 3; Absence of adverse offsite impacts from such things as traffic; noise, dust, odors, parking and; 4:. Improvement .to the appearance and stability of the property and neighborhood, the. circumstances justifying the use are unique to the property, are not caused by the landowner, are not .solely for the landowners convenience and are not solely because of economic considerations and the use would not adversely affect or aiterthe essential character of the neighborhood. A non -conforming use permit may be issued for: a period of not more than five years, but may be renewed upon reapplying fora non -conforming use permit. The non -conforming use permit request by Newtrax, if approved, would acknowledge; vehicle maintenance or office use existed on the site prior to the adoption of the Gateway Zoning Ordinance. If the Planning Commission determines that the proposed use is a reasonable use of the site based on the applicant meeting the burden of proof outlined by numbers 1 — 4 above, the Commission may recommend approval of the non -conforming use permit for a period of up to 5 years. Reuse of the building and site under a non -conforming use permit would allow rejuvenation of a dilapidated building. The building. was originally constructed in 1972 and the proposed use would be non -conforming in the Gateway District. The site is primarily building and asphalt parkingVery little, if any, of.the property provides or on -site storm water treatment. The side landscaping is also weak, but this was the standard in the 1970's. The Gateway Zoning District promotes redevelopment of non -conforming properties such as this one.. bong term; the site will redevelop. The Planning Commission should discuss whether the time. for total redevelopment of the site is now or in the near future; or whether the Newtrax proposal meets the goals of the City, allowing for issuance of a temporary non -conforming use permit. CD � 1 I p 7h�.53:y 1i��1l�7t i s1Qo a Ems`{i • - G CITY OF GEM LAKE - 4200 Otter Lake Road I� Gem Lak..e, MN 55110-3227 551-747-2790 NON -CONFORMING USE PERMIT GATEWAY ZONING DXSTPXCT INTRODUCTION A Non-conformft Use Permit may be granted or denied by �he City Counpl after recommendations by the Planning Commission, in accordance with Otdinance No.. 1070, Appendix A, (Gateway. Ordinance).— Non -conforming Use Permit Procedure, Applicant Name(s): Mailing Address: '� j �'•�t} �p +' - StreetAdbhW suite/ Unit 0 City State Home Phone.- -Business Phone: (o5t- Cellftne: d. }t->;,y.. ,� ,•r.,A.. D '���-�r .- ..A�4* .�.t 'i�;F.,.,N.".1�'`•.+", pl> i+:�: .;i?'E i� N , s �s _. `' OPER7Y ail .FOR +s,ON N �;I�+IA �?:>a�-r:��•�i�s:a�s.F1aS1.�t�r•4.r Propetty t Property Address., —7 00 61 SfreefAddress --Su U,�it -- ,te / City Stale zrp Code Zoning: �= f L' I Af"-[ M 9 V4C-At, � V=r � EXistin Use of Site: Lam:/l (��:�•-.� ? ,r� Description of N64-Conforming Use Re<{uested: Initial Fee ($_:CW_:00 plus $ - 00-Expenae De0osihj Renewal Fee ($ .aD plus.$ ,Q0 Expense DepWE) In the event a Non -Conforming Use Permit runs for a period of less than fiye•(5) years, the renewal fee shall consist of publication fees only. ':K•'o6iflti}• y:: yi4 ,. �- -�:(� '�': r'jf .m,-:'.k.+• - ':Y ��� lw• p � �i., ^'A' .. ���•�• R�J' K'Q [" .(_•_�:(• •l�. L� ' 7f'�y,. T. ...A..... t �•.�i. :1l^. J-i'::t)• F4:J ,%at2: r::�`��rk'i.��•.i.:1("'!L..rvj .�•.. .aytiyi: ,. �.:v�:..,.,�'+�`.�+,_��'.'.w��.�,,��.:.��z-�,t;�.�:+.,CH�CKLIST�k;:;,'.,�.�•�.::..`,.�« _�'�`,.:��������:� s.,�r-� �a�' . L A plat.or map of the property which shows, at a minimum, all lot floes, existing and proposed structures, driveways and parking areas; significant topographical features and mature trees; 2. Evidenced ownership or an interest In the property; 3. The.fee required by the code.of city ordinances; and 4. Such other information as:may be required by the city. C711•18ersWlckg%ApppatalLoca.E MlcrosoNlW'tndowslTemporary Internet FileslContent OutlooklY41302 RO+NON CONFORMING USE PERNIT.decx 11104/2014 .K � ii°_�c„4,r 1.0 ;E 'i°S'•r; . _'•i!„riL�. 1l . .3. 1. Submit 15 copies of 8ppiication and all supporting information to Zoning. Administrator (Minimum of 3 weeks prior to Planning Commission meeting), 2. Planning Commission (i' Tuesday or the month @. 7:00.p.m. at Heritage Hall) — subject to public hearing publication requirements 1. City Council (3r6 Tuesday of the month @ 7:00 p.m. at Heritage Hall) — subject to public hearing publication requirements - i a , ME W The City Council will approve a Non-conforriiing llse permit only if the following facts are established: 1. A permit for a. non-conformfng use 'may be granted, but is not mandated, when the applicant meets the burden of proving that: a'. The proposed Use is a reasonable use of the property, considering such things as: i. functional and aesthetic justifications for the use; il, ade.quacy of off street parking for the use; iii. absence of adverse off -site. iwacts from such things as traffic, noise, dust, odors, and parking; and iv. improvement to the appearance and ,stability of the property and neighborhood, b: The circumstances justifying the.use.are unique.to the property, are not caused by the landowner, are —not —.solely. for the landowner's convenience;. and are not solely because of economicconsiderations; and C. The use would not adversely affect or alter the:essential character of the. neighborhood. It is the. policy of the City. of Gem Lake that all identifiable costs associated with Non -conforming Use Permits within the.City shall. be the sole responsibility of the owner of said property: The costs shall include, but not limited to: City Planning review costs (reports, meetings, site review);.engineerfrig review costs, legal costs, (preparation of hearing notices, legal research, certification costs); publication costs. (notice of hearing);. reapportionment of assessments (engineers report); mailings and Ownership Reports (ownership f encumbrance). Prior to the final approval by the City Council, all City expenses to date shall be paid by the owner. Subsequent expenses not paid at the.time.:of ftnal.approval (due to billings by consultant, etc.), -shall be due upon receipt of a billing from the.aty. Signature of AppAcarit(•s): date: ?11.1 l ` - TE" MITI— :r Signature of Appilcant(s), s. uy '.�3.. �",. ?1�c-7".' :;y', �i�v,,�t . it,�y5,- •p#?t 'xvx+.:. •,"y� •••y,;,, • .t...;;;,, ,, v,.a ' rf � x,:,,� :,.+;:. ,,... tr., ���iS�i�,.i,�'��°`?�'.�.�..,,,'�•� ic.•`TtYk'S, "�....a"fik�. i 4 �:O�I : -W+;t' ?S":�'�`'1;�" il'! 94,i�„%,. :�,r^?�+ � •n: Date Request Received. Deposit. Received:. ci Yes 17 No Date,Appiication Complete: -- Received 0y: -_ ---- free +- $ _ - ..00 Depas:t C.1UsersldickgWppData%LOCaPMicrosoft'%WindowsiTemporary internet File MContent:OuUpokkYdU020RG1MQP1-C-ONFORMINiGUSE PER M* IT.dm. 11 /0412014 Note -Conforming Use Permit -- City -of Gem Lake,:MN For .. Barnett Properties/ Jack Mayerin-ffir Newtrax. PA1 & Merrick} lnc. 3700 Highway 61. Gen- Lake, MN 55110 .Application- Date: December 17, 2014 Effective Date: Month Day, 2015 C o nd i t ian s/Re(luirements:. 1. Permit is valid for 12 months. from Effective .Date. 2. Aivrual re -application,. subject to review, is required in order to renew the permit; 3. Permit is eMetive Month Day, 2015. 4. Permit expires. Month *I)ay,- 2015. :5. Permit is non-trninsfei-able. 6. In the event that redevelopment plant -ace approved for the land the business is located on, this, p.ginit shall remain valid through the expiration date and shall be non-renex-vdble thereafter. 7. This. permit may be:.renewed a maximum of fve (5) times. 8, Any complaints within the- twoIve months render permit subject to. revocation. Minor vehicle repairs are limited to Newt'= vehicles and are permi0d.1nc1uding, but not limited to, the following: a. New Tires and Wheels b. Alternators C. Batierie$ d. Brakes e: Minor tune-ups t:. Oil changes g. Wiper Blades h. Biilb light replacement L. Tire. -repair TO. All hazardous materials shall'be stored -in -accordance with Federal,.:State and local laws 4nd Ordinannces. and waste materials shall be disposed. of by an approved environm&ntal services company: Identification and contact 'information for the environmenud-services 4ompany sltall be included. on. the annual application/re-application. I L Business will not: be conducted:.between the hours of 10:00 p.m.. and 6:00 a.m. 13. plastic- reeyelables, both pre and post -processing (baling) shall be stored in a screened enclosure or otherwise concealed. -.in an aesthetically unobtrusive manner. 0). The repainted exterior color of the building shall blend i i. with the decor of the area. 14. All F .ederal, State and local laws and Ordinances shall be complied with.