Agenda - Council - 04/22/2014 - Laserfiche WebLink

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evening's agenda for City Council consideration as well. The request has been forwarded to MnDOT for review/comments as the Subject Property is adjacent to Highway 10. As of the writing of this case, Staff has not received a response. However, it should be noted that no new access from Highway 10 is proposed. Access to the expanded sales/display area will be internally through M & G Trailer Sales and Service's existing parking/display area. In fact, for security purposes, the applicant will be installing/extending a chain link fence around the leased area that would prohibit access to the leased area except from through their existing parking lot. The site is impacted by the Highway 10 Access Planning Study initiated by Mn/DOT, although the exact timing of any implementation of this study has yet to be defined. The current information available as part of this study identifies this site as a full acquisition and removal of use. The Planning Commission held a Public Hearing at their April 3, 2014 regular meeting and there were no written or verbal comments received. Much of the discussion by the Planning Commission focused on the duration of the IUP. It had originally been drafted for a term of five (5) years, which is the maximum duration stated in City Code. However, the City Council does have the authority to approve a duration greater than five (5) years as long as the date or event that will terminate the use can be identified with certainty. Furthermore, State Statute, as it relates to interim uses, does not specify a maximum duration. Thus, the Planning Commission recommended that the duration of the IUP be linked to the acquisition of the Subject Property for improvements to Highway 10 (outlined in MnDOT's Access Management Plan and current Access Planning Study) or five (5) years after the date that MnDOT determines the Subject Property will not be impacted by these future improvements. The Planning Commission believes this is appropriate as it eliminates the need for the applicant to reapply and expend additional funds in the future to request authorization to continue with the alternative surface. Alternatives/Options Alternative # 1: Adopt Resolutions # 14-04-067 and # 14-04-068 related to a request to utilize an alternative surface for expansion of outdoor sales/display area. In the fall of 2013, the City amended the commercial off-street parking regulations to provide an exemption to the bituminous/concrete surface requirement in defined areas subject to future transportation improvements, including those parcels in the H-1 Highway 10 Business District. The proposed expansion does comply with the standards provided in Ordinance #13-16. The duration of the IUP, as presented, is tied to the date of acquisition of the Subject Property for improvements to Highway 10 or five (5) years after the date that MnDOT determines the Subject Property will not be impacted by improvements to Highway 10, which, as outlined in City Code, the City Council does have the authority to approve. Staff supports this option. Alternative #2: Adopt amended Resolutions #14-04-067 and #14-04-068 related to a request to utilize an alternative surface for expansion of outdoor sales/display area. Should the City Council be concerned with the duration of the IUP, it would be appropriate to pull this case from the Consent Agenda and discuss as part of the Regular Agenda. If this is the case, the IUP could be amended as part of the motion to identify a shorter duration, such as five (5) years, which has been typical in past practice. Alternative #3: Do not adopt (deny) Resolutions #14-04-067 and #14-04-068 related to a request to utilize an alternative surface for expansion of outdoor sales/display area. It appears that the proposed improvements comply with the standards outlined in Ordinance #13-16 and thus, Staff does not support this option. Funding Source: All costs associated with this request are the applicant's responsibility. Recommendation: The Planning Commission recommends approving Resolutions #14-04-067 and #14-04-068 to allow the use of an alternative surfacing material (Class V gravel) until such time that the Subject Property is acquired for improvements to Highway 10 or to five (5) years after the date that MnDOT determines the Subject Property will not be impacted by improvements to Highway 10, contingent upon the applicant entering into a Lease Agreement for use of a portion of City -owned land.