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Home My WebLink About2015 03-03 PC PACKETCITY OF GEM .LAKE, MN 4200 Otter Lake -Road Gem Lake, MN 55110-3227 Telepbono' S51 47-27 90 E-mail frity .ggmlakeMN.or� Gem Lake Planning Commission Meeting Agenda 3 March, 2015 Call to Order of the Planning Commission of Gem Lake: Tuesday, March-3,.201.5-at 7:_ p.mat the Gem Lake City Hall conference room. Roll Call: Johnson Pratt Wippich Approval -of Plaririirig. Commission 1, January :2015 Special Meeting Minutes 2. March. Agenda OLD BUSINESS None PUBLIC HEARING' Herzog Madee 1. Auto Detailing Business With Minor Auto Repair: Application for *a Non -Conforming Use -Permlt Applicants: SalvadorTotres, Business Owner SGS Holdings, Property Owner 1b81 County Rd E East Gem Lake, MN 55110 NEW BUSINESS 1. Letter -in support of Newtrax, Inc., Application for a Ramey County Community Development Block Grant OPEN ITEMS None FUTURE MEETINGS: Rlahnlrig Commission Meeting: April 7, 2015. at 7:00 p.m. ADJOURN: CITY OF GEM LAKE, MN 4200 Otter Lake. Road Gertz Lake; N1N 45110;3227 I'elephenc h51-i�a7 ?yi) Gem Lake Piarining.Commission Meeting Minutes January 21.,.2015 A special meeting of the Planning Commission of Gem lake was caned• to order by Chairperson Benjamin Johnson on Wednesday, January 21, 2015 at 7:17 p.m. at the Gem Lake City Hall. conference room. The following members were present: Chairperson Be.n Johnson and Pla.nning:.Commissioners.Arthur Pratt and pan Marier. Commissioners Beth'Herzogand. Derek Wippich were not in attendance. Planning Commission October Agenda: Chairperson Johnson asked for any changes, deietions,,or added agenda items: None was given and upon motion by Commissioner Pratt:and seconded by Commissioner Marier; the January 21, 2.01.5 agenda was approved. Ayes - 3; Nays— 0. Planning Commission November 2014 Minutes: The November Planning Commission minutes were .reviewed.. Upon motion by Commissioner Pratt and seconded by Chairpe.rso.n Johnson, the November Planning Commission minutes were. a.pprove.d... Ayes -- 3,. Nays —.a. OLD BUSINESS None PUBLIC HEARING Opened --7.2Z p,m., Closed — 7;34 p.m. 1. Barnett Properties & Jack Ma.ygron •for. -Newtrax, PAI & M6rfick; I*& — Application for Non - Conforming Use Permit 3700 Highway 61 Gem lake, MN 515110 Representaiives .of Barnett Kia were present during the Public Hearing portion of the PC Meeting. Following the close of the Public Hearing, Commissioners their discussed the Non -Conforming Use Permit request for Barnett Kia and Newtrax, PAJ .& Merrick, Inc. Under §17.5 of the City of Gem Lake Zoning 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. discussed additions.. 1 Section 9.6.5 of Ordinance. #1076 no longer includes "automotive repair & service"'and Appendix- A relating to Non -Conforming uses has .been.adopted. Non -Conforming Use Permits must 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 fake City Council: 1.. .Permit is valid for 60:months from Effective Date. 2. Re -application, subject to review, is required in order to renew the permit. 3. Permit is effective Month Day, 2015: 4. Permit shall expire on Month Day, 2020. S. Permit is non -transferable. 6. In the event that redevelopment plans, including a city issued. Building permit, 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. Any complaints within the 60 months render permit subject to review and/or revocation- 8. Minor vehicle repairs are limited to Newtraxvehicles and are permitted including, but not. limited to, the following: a: New Tires and Wheels b. Alternators c. Batteries d. Brakes e.. Minortune-ups f.. Oil changes g. Wiper Blades. h. Bulb light replacement is Tire repair j. Handicapped accessibility lifts, accessories and related equipment 9. All hazardous materials:shall be stored in accordance with Federal, State and local laws and Ordinances and waste materials.shall be disposed of byan approved environmental services company. a. ldentification and contact information for the e nvi ro n menta I. services. company shall be posted in accordance with Federal, State and local laws and Ordinances 10. Business will not. be conducted between the hours of 1.M0 p.m. and 6.06 a.m. 11. Plastic recyclables, both pre and post -processing (baling) shall be stored inside the. building,. container, -a screened enclosure or otherwise.conceale.d In an aesthetically unobtrusive manner, 12. The repainted exterior color of the building shall blend.in with the decor of the area. 13. All Federal, State and local laws and Ordinances shall be complied with. NEW'90SINESS: None OPEN ITEMS None 2 FUTURE MEETINGS: Planning. Commission Meeting: February 3, .2015 at 7:00P.rn.. ADJOURN: Upon motion by Commissioner Pratt, and seconded by Commissioner Marier the JanuaryX, 20 9 Special meeting of the Planning Commission was adjourned: at T.55 P.M. Ayes — 3, Nays — 0. APPROVED. ATTEST: ATTEST" Benjamin 1ohnson Art Pratt Ghal.rp.erson Commissioner Gem Lake Planning Commission Meeting January 21, 2015 Sign In Sheet; Dick Gunderson —Gunderson Construction .tack Mayeron - Barrie'tt Kiu CITY OF GEM LAKE -- rs 4200 Otter Lake Road (;eM Lake, MN 55110-3227 651-747-2790 NON —CONFORMING USE PERMIT GATEWAY ZONING DISTRICT INTRODUCTION A Nan -conforming Use Peritiit may be granted or denied by the City Council after recommendations by the Planning Commission, in accordance with Ordinance No, 1078, Appendix A, (Gateway Ordinance) - Non -conforming Use Permit Procedure. '� u...• 2.>. .. �':� .,;.}%;£1 .t. . J.-Z • .(,t'b ..,�c •Fi�„?ai > is f S , J. t ,�. � � 2� � ir,(%:ti : r%k%j••ernxS . � .•:�`S�•Yr ;=�i%'t!. _-3::��.<-. -:u:...":.t�. �•.t;.... s•��-'�•,.,,<.�:4kr�.��r.;.Fr=',.,,.t, F,�_..AF'.�'.•Li��+/4N.� sIW V.� _ .,,:sE�.x: '��:%� .::�..c�xi`•�<.�:� 5 ; Applicant Name(s)X1 kiAriny- Mailing Address: Street. Address .SuitB/f/nit v �;, r:��;`� ( _ 1�► As` SWIG State 2PCc* Home Phone: U 1 .-! Business Phone: Phone.Cell •// :i:�: "? `:.i'.. :.3;.� T••Fa;:l..�rf�::ffs'i.:C"i":�:Ta�.;•��r;i l.. .� •�. .��i l .!lJ•:Y' •:i�j:'y�. � ! •.�:�i.J •K• i :•:.Yli,�.. 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A plat cr map of the. property which shows, at a Minimum, all lot lines, existir;g and proposed structures, drives.ays and parking areas; significant topographical features and mature trees;: 2. Evidence of 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. SATE MPLATES & FORMSWLANNINGIGEM fAKEVON-CONFORN11NG USE PEWhlIT.docx !/UW15 w,J. +',;!:;:F.''R�,Yt9Y'.YyR::�:ti'iY�l`i y:T }v�rta.�,��::�:._•�\,yam;�_�•v�;p; m;c;.'x`-v..,,......,..........,. _ -tr .•t.: N;• L.y,r •3r:,..•,, ... i. .?'•..:. n...'}..,.:.•.... _ r,: f`c r.-�:.�i�e.w?-��:.., Y.;,y_ e`v - - ;\ ...e . :t n'.r., .:.a,•,r ..a .JRr,.•,,,,: .�, y�:k �` .j,.,,,..�.. } fir "��-r?•�.•: �..r ..y4;'"K,'-•` `F2i'``'5� �,'2k."'%t•`fi7�?':•�n%.!•. ��<�v hr. •' s,:. ��: '�';��«�; � � k. h ��R E. IP _-x��. ,.�:,�- �;r•i.,�s�'.r. 8':� 7�k.. �;ew f. Submit 15 copies.of application and all supporting information to Zoning Administrator (minlmum or 3 weeks p,`icr to ?ianr,ir,g Commission meeting). 2. Planning Commission (Is Tuesday of the month @ 7;00 p.m. at Heritage Hall) —subject to public hearing publication requirements I. City Coundl.(V Tuesday (if the month @ 7,00 p.m. at Heritage Hall) — subject to public hearing publication requirements Z. .S>, ..,>?r . ..� . ';: 11'"" .,,c..sr: ..1.•c .:.:a -�'n-r . r ..................._,...� .,.................:..........,.<'::ut�.�:.:;�:'•::-.�..:..:?�;:�a?��..,ra3:a?+rar�ti�s'.�,+!4f„raj.,ru:�. The City Council will approve a Von -conforming Use. Permit only if the following facts are established, f. A permit Fora non -conforming use may be granted, but is not mandated, when the applicant: meets the burden. of pro hp. that: a, The proposed use is a reasonable use of the property,.consicluing such things as: i. functional and aesthetic justifications for the. use; ii, adequacy of off stre.et.parldng for the use; iii. absenceof.adversq.off-site .impacts.from such things.as traffk, 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 landowners. convenience, and are not solely because of economic considerations; and c,' The use would not adversely. Affect.or:alter the essential character. of the neighborhood. It is the polity 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 shaft include, but not limited to: City Planning review costs (reports, meetings, site review); engineering review costs, legal costs, (preparation of hearing notices, legal research, certification costs); publication costs (notice of hearing); reapportionment of assessments (engineers report); maiiings.and Ownership Reports (own a rsh i p/encuMbra nce) . Prior to the final approval by the City•Coundl, all City expenses to.date shall be paid by the owner. Subsequent expenses not paid at the time of final approval (due to .bPlings by consultant, etc.), shall be due upon receipt of a biliing.from the City. Signature of Applicant(. ): Signature 'of Applicant(s): �•CtjYi.l'.'\,:7r','hx`' •Yia� ::: hlP.:E. i'i)�`%`�.leiifi�'.'Lt:�t/Tw. 'Y; . �'• ..�,.e J•- - .!+:day::. 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Y Date Application Complete: 8:ITSUPLATES'& FQRMS�AWNNINGIGEM LAKEINON-CONFORONG 115E PERMIT,docx VW2015 INFORMATION MEMO I Land Use Conditional Use Permits Learn the basics of conditional use permits (CUPS) in administering the city's land use -ordinances, Define conditi6nal use permits, for what purposes they may be granted; learn who grants them and procedural considerations.for public hearings and the role of neighbothwd` opinion. Understand expiration. dates, time limits and revocation of CUPs. I. Conditional use A conditional use is a land.use designated in.a zoning ordinance that is speeifically-alloweOn a zoning district so long as certain standards are met. The zoning ordinance typically.detail both general standards that apply to all conditional uses, as well as specific standards that apply to a particular conditional use in a given zoning district. A use is typically designated in a zoning ordinance as conditional because of hazards inherent in the use itself or because of special problems that its proposed location.mgy present.. For example, uses that generate traffic :such as family childcare; service stations, cdnvenienc6stores, or drive-thrus are.often designated as conditional uses. II. Conditional use.permit. (CUP) .A conditional use permit is a document a city issues to grant a conditional use -when the general and specific ordinance standards�have been met by the -applicant. The use'is all by permit only if the special concerns are addressed as set forth in the.z6oing ordinance. Conditional use. permits are. authorized understate law. A. General CUP standards A zoning ordinance. will .typically detail general. standards that apply to all conditional uses. For example, some tcOln$ ordinances provide that alf conditional uses must conform to the comprehensive. land use plan of the community,. be compatible with the adjoining.properties,. and be served by ade.q.uate. roads :and public. utilities. B. Specific CUP standards In addition to general CUPI standards, many zoning ordinances. will detail specific standards that apply to a particular conditional use, such as those made for businesses operating a drive-thru: Conditions for such uses may include specific standards regarding things like Off-street and loading areas, landscaping and site plan,:and hours of business operation. III. Granting.conditional use permits Generally CUPS axe granted only for usie0specifically listed in the zoning.ordiriance as conditional uses in a. particular zoning district. !f a use is not designated as a conditional use in a:zo..ning. district, then arguably the city has no ability -to issue a CUP*without first amending the zoning.ordiriance to provide for the conditional O e. This would of icotirse ailo.W other applicants to apply for a conditional use permit under the same standards. A. Who grants A CUP is*tyololly approved by the city council. Planning commissions. often first considertht CUP application and make recommendetions.to the city.council. State statute allows the city.council to designate, its CUP approval to another authority, arid some cities have designated the planning commissiorl as the approving body. In any eyent,:the city. council is generally makes the final decision -on. CUPs. B. Required approval If a proposed conditional use.satisfies both the general :and specific standards set forth .in the zoning ordinance, -the applicant is entitled to the conditional Use permit. Importantly, if the applicant. meets the general and specific ordinance standards, the city usually has no legal basis for denying the CUP. C. Time flmits A written request. for a. CUP is subject to Minnesota's 60-day rule,...and must be approved or denied with in.60 days of the time it is submitted to the.city. A city may extend the time period .for an additional 60 days, but only if it:does so. in writing before expiration of the initial 60-day period.. Under the 60=day rule, failure to approve of deny a request within the statutory time period is considered an approval. D. Other conditions on permits 1. Permitted Reasonable conditions relating.to the ordinance. standards may be attached to a CUP based upon factual evidence contained in public record. For example,.if a zoning ordinance provides that..a conditional use should not have: adverse visual or noise impacts on any adjacent property, a city might require sp.ecificscreening and landscaping conditions to address any potential' impacts established in the record. 2. Not permitted State statute provides that a CUP remains in effect as.long as the. conditions agreed upon are observed. The attorney:generaI has found that time lirni.tssuch as sunset. provisions. orautomatic annual . review are not consistent with state law, explaining that cities`may not enact or enforce provisions that aIlow a city to term.ioate.CUPs without regard to whether or.not .the conditions agreed up.an are observed, ff a city wishes to place time constraints on particular uses, then the appropriate zoning tool is an interim. use permit, rather than a conditional use permit. State law. authorizes.interim use permits for .a temporaryuse of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it; IV. Public hearings A propose d.conditionaI use is aIlowed :only after a statutorily required public hearing, The city must provide. published notice. of the time; plate, and purpose of..the hearing on a. proposed CUP at least 10 days prior to the day of the hearing. if the decision affects an area of five: acres or less; the city may need to mail notice to property owners within a 350-foot radlus of the land in:question. The purpose. of the public hearing is to help develop a factual record as .to whether the applicant meets the relevant ordinance standards such that the CUP should be granted.. A. City role in hearing. A:city exercises so-called. "quasi-judicial" authority when considering a CUP application. This means that the city's role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts:like.a judge in:evaIuating the facts against the standards. if the applicant meets the standards, thenth e CUP shouId. be granted. In contrast, when the city in zoning ordinance designates certain uses as conditional, the city is exercising "legislative authority and has much broader discretion. B. Role of: neighborhood op€nion Neighborhood opinion alone. is not a -valid basis for-granfing or denying a CUP. While city officials may feel their. decision should reflect the overall preferencespf residents, their task is limited to evaluating how the CUP.4pplication hieets*the ordinance standards. Residents can often provide important facts to help the city address whether -the application'meets the standards, but unsubstantiated opinions.and reactions to an application do not form a legitimate basis for a.CUP decision. if neighborhood opinion serves. as. the sole basi5:of the decision, it c:641d be overt.prned by a courtif challenged, C. Docut.rientation of hearing Whatever the decision, a city should create a record -that will support it. if a: city denies a CUP application,1he 60-day rule requ€res the reasons for the denial be put.in writing. Even -if a city approves. a.CUP; a written.stateinent explaining the decision is advisable: The written staternerit explaihing the. decision.shouid address the general -and specific ordinance standards, and explain the relevant facts and conclusions, V. Conditional use permit after issuance A conditional use permit is.a property right.that""rubs with the land" so it attaches*to.and benefits the land. and is not limited to:.a part€tular landowner. State statute requires that CUPS be recorded with the county recorder's office. When the property is. sold, the new landowner will have the continued right to the CUP so long as the conditiohs are met. A.c+ty can revoke a conditional use -permit if there is.not substantial compliance with -conditions; so long as the revocation is based upon factual evidence,.after appropriate notice.and hearing: Seca use a CLIP -is a property right, a city should work. closely with the city attorney if considering a CUP revocation. Interim Non -Conforming Use Permit — City of Gem Lalte, MN For: Auto Detailing Business with Minor Auto. Repair Applicants: Salvador Torres, .Business Owner -SGS Holdings; Property Owner 1581 County Rd E East Gem Lake, MN 55.110 Application Date: January 16, 20I5 Effective: Date:. Month Day, 2015 ConditionslRequirements: 1. Permit is valid for 60 months from Effective Date and. is -hot subject to renewal. 2. Permit is effective Month Day, 2015. 3. Permit. shall expire on Month Day, 2020. 4. Permit is -issued to Salvadoi Torres and is non -transferable. 5. In the event that redevelopment.plans, including a city issued building permit,. 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. 6. Any complaints within the.6.0 months render permit subject to review andlor revocation.. 7. Vehicle detailing. ariid minor vehiclerepairs are permitted including; but not limited to., the following: a. New Tires and Wheels b. Alternators c. Batteries d. Brakes e. Minor tune-ups f. 'Oil changes. g. Wiper Blades h. Bulb light replacement i. Tire repair 8. All hazardous materials shall be stored in accordance with Federal, State and local laws and Ordinances and waste materials shall be -diisposed of by an approved environmental services company. .a. Identification and contact. information for the.eawronmental services..company shall be posted in acebrdance with Federal, State and local laws and Ordinances 9. Business will not be conducted between the hours of- :00 p.m: and 6:00 a.m. 1*Q. If stored on the exterior :of the building,. trash contained shall be in a 1.00% .opaque storage area or screened eiaclosure, or otherwise concealed. in an aesthetically unobtrusive manner. I L .The ten { l Q} exteribr-parking spaces must be ldeiitified onto site. plan and striped accordingly. 1.2. All Federal, State and local Jaws. and Ordinances shall be egmplied. with. March. 3, 26-15 To Whom It May Concern: I am writing on behalf of the Gem Lake. Naming. Commission. in support of. Newtrax, Inc.''s application for a Ramsey County Community Development Block Grant to assist with their build -out of the property located at 37.00 .Highway 61. Newtrax' non- conforming: use permit was recommended for approval by *the City of- Gen Lake Planning Commission and approved at the. January 28`h City Council meeting. Newtrax and Its member organizations Merrick; Inc. and PAI, Inc. provide valuable and necessary services to the local community. They will be .renovating and occupying a buildir►g. that has been vaeant fora number of years and`the: community will benefit from this facility. once. again being utilized. We --are excited- bothwiith their investment in the property mid to.know that Newtrax will, be able to grow.in-this facility and bring jobs.ta the area. We. are pleased to welcome them to Gem Lake. Regards, Ben Johnson City of Gem Lake Planning. Commission Chair