Agenda - Planning Commission - 07/12/2018

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Regular Planning Commission 5. 2. Meeting Date: 07/12/2018 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for Zoning Amendment (Text) to the E-1 Employment District and a Conditional Use Permit to Allow Motor Vehicle Sales on the Property Located at 14300 Sunfish Lake Blvd NW (Project No. 122); Case of John Buzick Purpose/Background: The City has received an application from John Buzick (the "Applicant") requesting a Zoning Amendment to the text of the E-1 Employment to identify motor vehicle sales as a Conditional Use and a Conditional Use Permit to allow motor vehicle sales on the property located at 14300 Sunfish Lake Blvd NW (the "Subject Property"). That there is an existing Conditonal Use Permit (CUP) for the Subject Property, which was approved by the City in 1993, that allows for a towing operation and motor vehicle repairs. The Applicant is proposing a similar business model that he has implemented on two (2) other properties within the City. That model creates multiple tenant suites in a building that are leased out to individuals Notification: Staff attempted to notify all property owners within the E-1 Employment District of the Zoning (Text) Amendment and all property owners within 350 feet of the Subject Property of the requested Conditional Use Permit via standard U.S. mail and published the Notice of Public Hearing in the Anoka County UnionHerald. Observations/Alternatives: As stated in City Code, the intent of the E-1 Employment District is to accommodate general industrial activities. Permitted uses include manufacturing, labs, offices, warehousing and storage, indoor self -storage facilities, and truck terminals among others. The proposed use, motor vehicle sales, does not seem consistent and compatible with these permitted uses. However, Conditional Uses in the E-1 Employment District includes (among other uses) open or outdoor service, sale, display and rental as principal use. In other districts (namely the B-2 Highway Business District and the H-1 Highway 10 Business District), motor vehicle, implement, and recreation equipment sales and service is specifically identified and therefore, is not covered by the open or outdoor service, sale, display and rental category. There is an existing CUP (attached to this case) for the Subject Property that allows for a towing operation and motor vehicle repair on the Subject Property. The Findings of Fact referenced a Site Plan that indicated both the towing operation (including the impound lot) and the motor vehicle repair would be accommodated by existing pavement on the Subject Property. In reviewing aerial photographs of the Subject Property back to 2011, it appears that the previous occupant was not in compliance with the terms of the CUP; namely, they were utilizing a non -paved area for storage/parking of motor vehicles either impounded and/or awaiting repair. Motor vehicle sales uses is usually affiliated with high volume corridors, such as Highway 10. Funding Source: The Applicant is responsible for all costs of this request, including the review of the Application. Recommendation: