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City of Roseville - Planning Commission Minutes for June 7, 2006http://www.ci.roseville.mn.us/council/planning/minutes/2006/pm0607.htm b.Planning File 3730: Request by ACR Homes for an AMENDED & ESTABLISHED PLANNED UNIT DEVELOPMENT for 2435-2459 Rice Street. The owner/applicant seeks the allowance of an adult daycare as a permitted tenant, while the Community Development Department seeks to establish a PUD Agreement with specific terms and conditions. Chair Traynor opened the Public Hearing. City Planner Paschke reviewed the request of ACR Homes for an amendment to their existing Planned Unit Development to allow the inclusion of an adult day care in their retail strip center at 2435-2459 Rice Street. Mr. Paschke advised that in conjunction with their request, the Community Development Department, as a eement with specific terms and conditions, most notably those regulating permitted use. Mr. Paschke advised that, in the historical research on the property to determine zoning and use approvals as part City Council approved a Special Use Permit for a Planned Unit Development for the Shelard Group on the subject property, subject to eleven (11) conditions. Further research concluded that the subject property had an underlying zoning designation of B-2 (Retail Business Land Use Plan. Mr. Paschke further advised that, in consultation with the City Attorney to determine the best course of action to ses within the existing strip mall, the proposal would require an amendment to the PUD and establishment of a PUD Agreement identifying specific terms and conditions in the context of reasonable or compatible permitted uses and prohibited uses (i.e., auto-related uses) and site or neighborhood impacts. Staff recommended approval of a Planned Unit Development that establishes specific uses. Mr. Paschke submitted a letter from Michael Zimmerman of ACR Homes requesting allowance of an auto-related use on the site; and requested Commission review and discussion. Chair Traynor read the letter, attached hereto and made a part thereof, dated June 7, 2006 and addressed to Mr. Paschke from F. Michael Zimmerman from Alta Vistas Inc. of which ACR is a subsidiary, requesting additional use under the PUD application for a used vehicle dealership category; a modification to allow the applicant to obtain a less obtrusive dealership through the state of Minnesota for display of up to five (5) used cars on the site, rather than the traditional Minnesota vehicle dealership license now required by the State and held by the applicant. The ve as a custom purchaser of cars for select clientele. Substantial discussion as to the timing and process of the request was held among Commissioners and staff addressing the confusion as to the request itself; lack of an agreement from previous PUD approved in 1987; actual permitted uses and current preferences; impacts to the neighborhood; compatible and permitted uses; state requirements for auto dealers related to City Code and Zoning regulations; regulations of a PUD, with underlying B-2 zoning; concerns of the Commissioners related to used car sales. Commissioner Boerigter opined that granting this request would not turn the site into a used car lot, and that there would be minimal impact to the health, safety or welfare of residents by allowing this use, provided conditions were crafted stipulating the maximum number of cars to allow the applicant to get the appropriate State license; and application of stringent conditions within the PUD Agreement. Commissioner Roe discussed with staff the original intent of the 1987 PUD for use of the site; and lack of a PUD Agreement to define uses. Commissioners expressed disappointment with the applicant submitting an additional use request on the day of the noticed public meeting, without the Commission having the benefit of staff review and comment prior to any action on their part. t, noting that he would not normally analyze each proposed permitted use; and had advised the applicant to seek the additional request as provided to allow the Commission to consider practical application of permitted uses with future scenarios. ssuance of used vehicle sales and municipal regulation of zoning ordinances. Commissioner White questioned the practicalities of on and off-site facilities for rental leasing and public sale of leased vehicles, and potential impacts to existing tenants. 3 of 82/6/2007 11.08