HomeMy WebLinkAbout2011-08-03 PACKET 5.A.TO: City Council, Economic Development Authority, and Planning Commission Members
FROM: John McCool, Senior Planner
DATE: July 28, 2011
RE: Proposed Zoning Ordinance Text Amendment— Automotive Repair
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The City Council requested that that the Zoning Ordinance regulations relative to automotive
minor and major repair be reviewed. This issue came about as a result of Sunbelt Sales and
Leasing's proposing to lease a portion of their building at 7510 East Point Douglas Road to an
individual that performs minor and major automobile repair as a stand along business (which
would no longer be accessory to the auto sales use). Sunbelt Sales and Leasing's property is
zoned B -2 and the proposed automobile major repair land use is not permitted at this location.
The ordinance amendment proposes to allow motor vehicle repairs as a permitted use if certain
conditions are met (excluding auto body repair). If all the conditions cannot be met, then the
property owner must apply for a conditional use permit. Direction from you will be helpful in
completing the ordinance amendment for the public hearing, which is scheduled to take place at
the August 10, 2011 City Council meeting.
It's noteworthy that the Sunbelt Sales and Leasing proposal is one piece of a larger discussion
pertaining to all the commercial zoning districts, commercial land use regulations and
performance standards in the current Zoning Ordinance. City staff has started evaluating the
City's current commercial regulations and is reviewing commercial ordinance regulations of
other communities in the metropolitan area. Additional work will continue and the City Council,
Economic Development Authority, and Planning Commission will be involved in preparing
amendments to the Zoning Ordinance. However, in the hopes of addressing questions related
to automotive uses in the B -2 Zoning District on behalf of Sunbelt Sales and Leasing more
immediately, staff is seeking feedback.
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The Planning Commission discussed the proposed Zoning Ordinance text amendment relative
to motor vehicle repair businesses at their meeting on July 25, 2011. The Commission
unanimously tabled the item to August 3, 2011. Listed below is a summary of the topics
discussed by the Planning Commission:
❑ Automotive Repair (Minor and Major) —The Planning Commission generally supported
the idea of deleting the current "Automobile Repair, Major" and "Automotive Repair,
Minor" definitions and adding a new definition for "Auto Body Repair ", "Motor Vehicle ",
Planning Commission Members
Proposed Zoning Ordinance Text Amendment - Motor Vehicle Repair
July 28, 2011
Page 2 of 3
and "Motor Vehicle Repair ". The "Motor Vehicle Repair' definition would not distinguish a
difference between major and minor repair.
Auto Body Repair — The Planning Commission noted that an auto body repair use as
defined in the proposed zoning ordinance amendment may not be compatible next to a
residential use or residential zoning district in all cases. Allowing an auto body repair
business as a conditional use in the B -3 and P -B Districts was supported.
J Motor Vehicle Repair — The Planning Commission had concerns related to motor
vehicle repair businesses next to residential uses and residential zoning districts. The
Commission generally supported the idea of allowing new motor vehicle repair
businesses as a permitted use with conditions in the B -2, B -3, and P -B Districts, but
wanted to make sure that new and existing vehicle repair businesses properly mitigate
adverse impacts they might have on abutting residential uses.
Mon- conforming Motor Vehicle Repair
The Planning Commission had reservations about amending the Zoning Ordinance to
automatically permit a land use once not permitted in a certain commercial zoning district,
without first notifying abutting residential property owners about this change. Understanding
that the proposed ordinance amendment provides the compliance of certain conditions, some
nonconforming businesses might not meet those conditions and will be required to obtain a
conditional use permit. Alternatively, there was some discussion that because these businesses
have been in business for many years, the proposed amendment will not change their
operations and a formal public hearing process may not be warranted. However, that does not
speak to future landowners who may continue the use but not to the same standard as the
existing owner. In the case of Sunbelt Sales and Leasing, city records indicate that automobile
major repair was a prohibited use since the City approved an outdoor automobile sales lot in
August 1, 1979.
The current property and business owner maintains that he has been performing automobile
major repair since the City approved his conditional use permit to operate a used automotive
sales lot at 7510 East Point Douglas Road on October 21, 1992. This used car sales use was
subject to the City amending the Zoning Ordinance to allow outdoor display, sales, leasing and
rental of passenger automobiles in the B -2 District. This ordinance amendment (Ordinance No.
579) stipulated that as an accessory use, passenger automobiles which are on the property for
sale, lease and rental shall be limited to minor repair. A copy of Ordinance No. 579 is attached.
There are four additional nonconforming engine repair uses that staff is currently evaluating and
will be discussed at the August 3, 2011 joint work shop.
Planning Commission Members
Proposed Zoning Ordinance Text Amendment - Motor Vehicle Repair
July 28, 2011
Page 3 of 3
City Attorney's Comments
The City Attorney has reviewed the proposed Zoning Ordinance text amendment and suggested
a few modifications. Revisions will be made to the proposed text amendment and will be
distributed to you at the workshop.
In regards to existing nonconforming commercial uses that abut residential uses or a residential
zoning district, the City Attorney suggested that the proposed ordinance amendment either
provide regulations that make existing nonconforming commercial uses conforming or
grandfather them as an existing nonconforming use. If the commercial use cannot meet all the
requirements as a permitted use with conditions, then it was recommended that the property
owner must apply for a conditional use permit. The City cannot prevent the nonconforming
commercial use from continuing to operate their business, but reasonable conditions could be
required for purposes of mitigating any adverse impacts to neighboring properties.
The City Attorney will be in attendance at the August 3, 2011 joint work shop to answer any
additional questions that may arise.
Ordinance Regulations by Other Communities
A cursory summary of commercial zoning district regulations required in seven other
communities is attached. These ordinances generally defined major and minor repair
separately and typically allow automobile repair /service with a conditional use permit in most of
their commercial zoning districts. Some cities have special requirements or provisions for
automobile repair businesses. The conditions drafted in the proposed ordinance amendment
are similar to those required by the other communities.
Conclusion
At the July 25 Planning Commission meeting, the text amendment agenda item was tabled. If
the Planning Commission feels the feedback received as a part of the August 3rd joint workshop
is adequate and they are comfortable with letting the item proceed to the August 10 City
Council meeting for consideration, the Planning Commission may reconvene their meeting for
the purpose of making a recommendation on the proposed Zoning Ordinance amendment. If a
quorum is in attendance, a recommendation can be made and the item forwarded to the City
Council for their consideration at their August 10, 2011 meeting.
Attachments: Ord. No. 579
Commercial Ordinance Regulations by Other Cities
ORDINANCE NO. 579
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA
AMENDING CHAPTER 28, ZONING ORDINANCE OF THE CITY CODE CONCERNING
SECTION 28- 59(c), CONDITIONAL USES FOR THE "B -2 ", RETAIL BUSINESS DISTRICT
The City Council of the City of Cottage Grove, Washington County, Minnesota,
does ordain as. follows:
Section 1. Amendment "The Code of the City of Cottage, County of
Washington, State of Minnesota" shall be amended by amending Chapter 28, Section
59(c), Conditional Uses for purposes of inserting the following:
Sec. 28 -59. "B -2 ". Retail Business District
(c) Conditional Uses.
(17) Outdoor display of "passenger automobiles" sale, lease or rental;
provided, that a minimum of one indoor service bay is provided on the
property. For purposes of this section, an indoor service bay shall
mean a fully enclosed structure that is structurally part of the
principle building and allows for the parking of a passenger
automobile(s) entirely within said building. Accessory use for repair
of oassenaer automobile which are on the oronerty or sale, lease _
automobile shat mean any motor vahicle (including pickup trucks and
vans) designed and used for carrying of not more than 15 persons
including the driver and does not include motorcycles, motor scooter,
boats, recreation vehicles, campers and /or trailers.
Section 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its adoption and publication according to law.
Passed this 4th day of November, 1992.
3
John D. Denze ; Mayor
Attest:
Caron Stransky, City CIqfk
Introduced by: Councilman Raun
Seconded by: Councilman Wolcott
Ayes: 5 Nays: 0
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