Agenda - Planning Commission - 04/03/2014

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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. However, historically, the City Council has not deviated from the maximum duration of five (5) years. If an applicant desires to continue the interim use, they would be required to reapply for a new Interim Use Permit prior to the date of termination. It has been some time though since the City last reviewed this policy and thus, if the Planning Commission believes a longer term may be appropriate, that recommendation could be made. The majority of the expansion area will be on a parcel owned by the City. Therefore, the applicant is also working with City Staff on a lease agreement for use of this land. The lease agreement will be presented to City Council for consideration at the same time as the request for an Interim Use Permit. 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. Alternatives/Options Alternative # 1: Recommend that the City Council 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 complies with the standards provided in Ordinance #13-16 and thus, Staff supports this option. Alternative #2: Recommend that the City Council 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 Planning Commission identify additional conditions and/or want to amend proposed conditions, those should be incorporated into the motion and Staff can make the revisions prior to consideration by the City Council. Alternative #3: Recommend that the City Council 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: City Staff recommends approving Resolutions #14-04-067 and #14-04-068 to allow the use of an alternative surfacing material (Class V gravel) contingent upon the applicant entering into a Lease Agreement for use of a portion of City -owned land. Action: Motion to recommend City Council adopt Resolutions #14-04-067 and #14-04-068 allowing the use of an alternative surfacing material to expand an outdoor sales/display area contingent upon the applicant entering into a Lease Agreement with the City for use of a portion of City -owned property.