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City of Roseville - Planning Commission Minutes for July 12, 2006http://www.ci.roseville.mn.us/council/planning/minutes/2006/pm0712.htm David Phillips, Applicant Representative, Architect for Walser Automotive Group, noted that this was the first and their desire to be good corporate citizens. Mr. Phillips apologized that Don Schilling, Facility Director, was redevelopment project. Mr. Phillips reviewed the acquisition of the franchise from Wally McCarthy; lease option to remove the existing Phillips noted that Walser was in the process of seeking assignment from the State of Minnesota Highway Department of a lease for the setback property along the south property line; and asked that the City recognize the existence of that lease for its duration, allow for flexibility, and thus modify that specific setback condition, and offered to work with staff to find a mutual solution. Both City Planner Paschke and City Engineer Bloom had not been made aware of the lease between the property owner/previous dealership and the State of Minnesota. Ms. Bloom advised staff would need to review the lease agreement and make a determination regarding setbacks and parking lot configuration, based on the lease agreement. Discussion ensued regarding the term of the lease (tentatively thought to be five years); removal of existing pavement; current vehicle inventory and future projections and phasing of the project to maintain day-to-day operations; size of the new compared to the current facility; pending decisions based on finalized project budget; appropriate signage permits; maneuverability of vehicle transport trucks; need for environmental testing documentation prior to demolition and/or building permit issuance; and soil borings to confirm status of site and up. Mr. Phillips advised that Walser had a full-time company that identified, analyzed and performed hazardous waste clean up on their redevelopment sites; and staff confirmed that, as part of the demolition permit process, the applicant needed to provide the State and Minnesota Pollution Control Agency (MPCA) with their analyses and proper removal of identified hazardous wastes (i.e., asbestos and other contaminants). Mr. Phillips advised that Walser did extensive research on sites prior to their purchase and/or lease for on-site sources of contamination. Further discussion included use of property; configuration of impervious surface to allow the greatest site flexibility; and realistic compromises for landscaping, green space, and setback issues. City Engineer Bloom advised that staff had not posted a Public Hearing notice for consideration of a variance, and with the existing of the lease with the State of Minnesota, staff would need to discuss the setback issue with the Mr. Paschke concurred with Ms. Bloom, noting that while it would have been preferable to have the information commercial properties to share parking fields, and noted that following staff review and research, if the lease agreement fit in the context of City Code, it may not impact the conditional use permit. Mr. Paschke urged the applicant to meet with staff prior to the City Council meeting where they will consider the case, to make a determination for recommendation to the City Council. Staff advised, that if it was deemed that a variance was required, it would need to come before the Planning Commission at a later date for their consideration and approval. Mr. Paschke recommended Commission approval of the conditional use permit as it stood and as currently conditioned. Mr. Phillips noted that the lease from the State of Minnesota Highway Department was specifically for parking vehicles on the right-of-way, assured the Commission that the applicant would work with staff, apply for a variance if required, and ultimately meet City ordinance in accordance with the advice of the City Attorney; and sought clarity of proposed conditions to keep the conditional use permit application process moving forward to meet construction constraints. Mr. Phillips further advised that the applicant would work with the civil engineers to find a solution to the parking related to the high water mark. Jerry Golinvaux Properties, owner of Roseville Chrysler Jeep and property directly north of Pontiac GMC, provided a handout to the Commissioners outlining his opening statement and comments, along with his interpretation of Conditional Use Permit criteria in reviewing the application of this competing business adjacent to his dealership, specifically his concerns related to the compatibility of the site plan with contiguous properties, and the impact of the use on market values of those contiguous properties. 7 of 122/6/2007 11.11