REQUEST FOR PLANNING COMMISSION ACTION

Transcription

1 REQUEST FOR PLANNING COMMISSION ACTION DATE: 8/1/2012 ITEM NO: 5 Department Approval Item Description: Agenda Section PUBLIC HEARINGS Request by MidAmerica Auctions for approval of outdoor storage of motor vehicles as an interim use at 2755 Long Lake Road (PF12-010) Application Review Details RPCA prepared: July 26, 2012 Public hearing: August 1, 2012 City Council action: August 27, 2012 Statutory action deadline: September 3, 2012 Action taken on a zoning change request is quasi-judicial in nature; the City s role is to determine the facts associated with the request, and weigh those facts against the legal standards contained in City Code. 1.0 REQUESTED ACTION Planning File : Request by MidAmerica Auctions for approval of outdoor storage of motor vehicles as an INTERIM USE at 2755 Long Lake Road. 2.0 SUMMARY OF RECOMMENDATION Planning Division staff recommends approval of the proposed INTERIM USE; see Section 7 of this report for the detailed recommendation. 3.0 SUMMARY OF SUGGESTED ACTION By motion, recommend approval of the proposed INTERIM USE; see Section 8 of this report for the detailed action. PF12-010_RPCA_ Page 1 of 4

2 4.0 BACKGROUND 4.1 The subject property is located in City Planning District 11, has a Comprehensive Plan designation of Regional Business (RB) and has a corresponding zoning classification of Regional Business (RB) District. 4.2 MidAmerica Auctions warehouses and sells forfeited and excess vehicles for the City of Roseville and the City of Maplewood and has been located in Roseville for more than 20 years. Indoor storage for the forfeited and excess vehicles has become cost prohibitive. The outdoor storage at 2755 Long Lake Road combined with indoor storage in other locations will allow the applicant to continue servicing the two cities. 4.3 The present request is for approval of the outdoor storage of vehicles for up to five years, at which point, if MidAmerica Auctions business continues to grow as expected, they will look to move to a larger facility and this property will be offered for sale and redevelopment. The applicant wishes to purchase the subject property not because they intend to become a long-term occupant, but because the property is being made available to them at such a price that mortgage payments will be lower than their lease payments, making it a good real estate investment while their core business continues to grow. 5.0 REVIEW OF INTERIM USE APPLICATION Section of the City Code establishes the regulations pertaining to INTERIM USES. 5.1 The purpose statement for this section indicates that: Certain land uses might not be consistent with the land uses designated in the Comprehensive Land Use Plan, and they might also fail to meet all of the zoning standards established for the district within which they are proposed; some such land uses may, however, be acceptable or even beneficial if reviewed and provisionally approved for a limited period of time. The purpose of the interim use review process is to allow the approval of interim uses on a case-by-case basis; approved interim uses shall have a definite end date and may be subject to specific conditions considered reasonable and/or necessary for the protection of the public health, safety, and general welfare. 5.2 An applicant seeking approval an INTERIM USE is required to hold an open house meeting to inform the surrounding property owners and other interested attendees of the proposal, to answer questions, and to solicit feedback. The open house was held on July 11, 2012; the summary of the open house meeting provided by the applicant is included with this staff report as Attachment C. 5.3 Section D of the City Code specifies that three specific findings must be made in order to approve a proposed INTERIM USE: a. The proposed use will not impose additional costs on the public if it is necessary for the public to take the property in the future. This is generally intended to ensure that particular interim use will not make the site costly to clean up if the City were to acquire the property for some purpose in the future. In this case, the outdoor storage of vehicles is essentially the same as the former motor vehicle dealership and Planning Division staff believes that the INTERIM USE would not have any negative effects to the properties involved that would not occur from the normal, permitted use of the property as a motor vehicle dealership. b. The proposed use will not create an excessive burden on parks, streets, and other public facilities. Because the proposed outdoor storage on the property represents a PF12-010_RPCA_ Page 2 of 4

3 rather passive land use, Planning Division staff believes that the INTERIM USE does not constitute an excessive burden on streets, parks, or other facilities. c. The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare. Land uses which are permitted in a particular zoning district are designated as such because their normal operation is not expected to compromise the public health, safety, and general welfare of the community. As noted above, the proposed outdoor storage of motor vehicles is practically equivalent to a permitted motor vehicle dealership in that location except that vehicles are not being sold at that location. Moreover, surrounding land uses within the same RB District include a couple of motor vehicle dealerships, a commercial vehicle repair facility, and a consumer tire store/vehicle repair shop; the adjacent Office/Business Park District includes a commercial bakery and multi-tenant office and warehouse properties; and the Industrial District west of the property is home to Magellan Pipeline s tank farm storage facility. Planning Division staff believes that the proposed INTERIM USE will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare. 5.4 Roseville s zoning code only allows outdoor storage as a conditional use on industriallyzoned properties and has a series of requirements which must be met to ensure that whatever is stored outdoors is adequately screened and won t have adverse physical effects (e.g., erosion of materials, storm water problems, etc.) on adjacent properties. Of these use-specific requirements, two of them seem applicable to the proposed INTERIM USE: a. Areas of outdoor activity or storage shall not be located between the principal use and the primary public street. The site plan included with this report as Attachment D indicates the area in front of the building that may not be used for the outdoor storage. b. Areas of outdoor activity or storage shall be screened by a solid opaque wall or fence at least 8 feet in height. Since the outdoor storage would comprise mostly passenger vehicles and not large trucks or heavy equipment, Planning Division staff would not recommend a fence taller than the 8-foot minimum required height. 5.5 From aerial imagery of the property, pavement adjacent to the west end of 2755 Long Lake Road appears to have been used as an expansion of the former motor vehicle dealer, although Ramsey County data indicate that the property is owned by Northern States Power Company (NSP). Since NSP has not been part of the application thus far, Roseville cannot confer approval of the proposed INTERIM USE within that parcel. MidAmerica Auctions is aware of this. If, however, NSP indicates its support of the INTERIM USE on its property before final approval of this application is granted by the City Council, Planning Division staff believes that the area may be used for outdoor storage of motor vehicles without creating any additional impacts. 6.0 PUBLIC COMMENT As of the time this report was prepared, Planning Division staff has received one from a neighboring property owner; this public comment is included with this staff report as Attachment E. PF12-010_RPCA_ Page 3 of 4

4 7.0 RECOMMENDATION Based on the comments and findings outlined in Sections 4 6 of this report, the Planning Division recommends approval of the proposed INTERIM USE, subject to the following conditions: a. Outdoor storage shall not be located between the principal use and the primary public street; b. Outdoor storage shall be screened by a solid opaque wall or fence at least 8 feet in height; and c. Outdoor storage shall not be allowed on property west of 2755 Long Lake Road unless the owner of the contiguous property submits documentation in support of the proposed interim use on some or all of the existing paved area on that property between extensions of the north and south boundaries of 2755 Long Lake Road. Such supporting documentation must be provided prior to City Council action on this application. 8.0 SUGGESTED ACTION By motion, recommend approval of the INTERIM USE, based on the comments and findings of Sections 4 6 and the recommendation of Section 7 of this staff report. Prepared by: Associate Planner Bryan Lloyd bryan.lloyd@ci.roseville.mn.us Attachments: A: Area map B: Aerial photo C: Open house materials D: Site plan E: Public comment PF12-010_RPCA_ Page 4 of 4

5 Attachment A for Planning File LAKE RD HIGHWAY 35W HIGHWAY 35W I / I ROW / ROW 2755 BP / O/BP 2745 Prepared by: Community Development Department Printed: July 25, 2012 Site Location Comp Plan / Zoning LR / LDR-1 Designations BP / O/BP 2685 BP / O/BP Data Sources * Ramsey County GIS Base Map (7/2/2012) For further information regarding the contents of this map contact: City of Roseville, Community Development Department, 2660 Civic Center Drive, Roseville MN 2715 LONG LAKE RD Location Map Disclaimer arise out of the user's access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact The preceding disclaimer is provided pursuant to Minnesota Statutes , Subd. 21 (2000), Feet and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which mapdoc: planning_commission_location.mxd

6 MILLWOOD AVENUE W Attachment B for Planning File Location Map Prepared by: Community Development Department Printed: July 25, 2012 Site Location Data Sources * Ramsey County GIS Base Map (7/2/2012) * Aerial Data: Pictometry (4/2011) For further information regarding the contents of this map contact: City of Roseville, Community Development Department, 2660 Civic Center Drive, Roseville MN Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies Feet are found please contact The preceding disclaimer is provided pursuant to Minnesota Statutes , Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided.

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10 Attachment D DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: City of Roseville and Ramsey County, The Lawrence Group;July 2, 2012 for City of Roseville data and Ramsey County property records data, July 2012 for commercial and residential data, April 2009 for Page 1 of 1

11 Attachment E Bryan Lloyd From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Mains, David <David.Mains@magellanlp.com> Tuesday, July 24, :02 PM Bryan Lloyd Madsen, Clair Magellan Pipeline Co., L.P. Response to MidAmerica Auctions Request for Interim Use of 2755 Long Lake Rd. 2755_Long_Lake_Rd_Roseville_MN_Google_Earth_.pdf Follow up Flagged Bryan Lloyd Associate City Planner City of Roseville Bryan, In accordance with our conversation by telephone today, I have prepared a map based on Google Earth which shows the approximate route of Magellan s 8 Minneapolis to Duluth pipeline which is located within railroad right of way on the west side of the creek shown on the map, which is located west of the subject property. I included Magellan s response on the bottom portion of the map. We have no objection so long as the proposed use does not include the land on which Magellan s pipeline is located, which appears not to be the case. Thanks for checking with us about this. David S. Mains P.O. Box 22186, MD 27 2 Tulsa, OK Off:: Cell: Fax: cid:image001.jpg@01cd3fe0.c5d Page 1 of 2

12 N Attachment E Magellan Pipeline Long Lake Rd Creek NSP Land This copy is not a survey and has been furnished by Magellan Pipeline Company, L.P. (Magellan) for information as to approximate locations only of any pipelines or other facilities shown thereon. Magellan disclaims any representations as to accuracy or completeness of the information depicted on this copy and makes no warranties regarding accuracy or completeness of such information depicted hereon. Actual locations of pipelines and facilities must be determined on-site through timely contact with the appropriate One Call agency - Call and coordination with Magellan. Excavation, grading, construction and/or vehicle traffic in the vicinity of the pipeline(s) and facilities shown on this copy are prohibited without written permission from Magellan or other owners of pipelines or facilities depicted hereon. RE: Public Hearing on Aug. 1, 2012, MidAmerica Auctions request for Interim Use of 2755 Long Lake Rd. for outdoor storage of motor vehicles. Magellan Pipeline Company, L.P. has an 8" pipeline which is located within railroad right of way and is located on the west side of the creek behind the subject property along a route approximately as shown on this map. Magellan has no objection to the requested use of 2755 Long Lake Rd., so long as such use does not include the railroad right of way west of the creek where Magellan's pipeline is located. David Mains, Real Estate Representative, Magellan Pipeline Company, L.P. Page 2 of 2