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HomeMy WebLinkAbout2011-08-10 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # j !� . 4 4 . DATE 8/10/11 PREPARED BY Community Development Danette Parr ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider adopting an ordinance amendment to allow vehicle repair uses as a permitted use with conditions and conditional us with conditions in the B -2, B -3, and P -B Districts. STAFF RECOMMENDATION Adopt the ordinance amendment regarding vehicle repair uses. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ® PLANNING 8/3/11 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY El REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 8/4/11 ❑ RESOLUTION: ® ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 7/25/11 Planning Commission Minutes, Ordinance Comparison Table, past resolutions and correspondence COUNCIL ACTION TAKEN: []APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: August 4, 2011 RE: Zoning Ordinance Text Amendment — Vehicle Repair An ordinance is proposed to amend the City's Zoning Ordinance relative to vehicle repair and auto body repair businesses in commercial zoning districts. Planning Commission The Planning Commission discussed the proposed Zoning Ordinance text amendment relative to 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 ", "Vehicle ", and "Vehicle Re- pair." The "Vehicle Repair' definition merges together major and minor repair uses. Auto Body Repair — The Planning Commission noted that an auto body repair use as de- fined in the proposed zoning ordinance amendment may not be compatible next to a resi- dential 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. Ei Vehicle Repair — The Planning Commission had concerns related to vehicle repair busi- nesses next to residential uses and residential zoning districts. The Commission generally supported the idea of allowing new vehicle repair uses 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 residen- tial uses. A definition for "inoperable vehicle" was added to the proposed ordinance amendment after the Planning Commission's meeting on July 25. At the City Council, Economic Development Authority, and Planning Commission workshop on August 3, the Planning Commission re- convened their meeting from their July 25 meeting to con- tinue their discussion relative to vehicle repair uses. At the workshop, staff explained the current zoning regulations for automobile repair uses and the proposed text amendment. The Planning Commission expressed concerns for potential adverse impacts vehicle repair uses might have on Honorable Mayor, City Council, and Ryan Schroeder Zoning Text Amendment — Vehicle Repair August 4, 2011 Page 2 of 7 residential properties. The Commission generally supported the idea of deleting the current defi- nition for "automobile repair, major" and "automobile repair, minor" and adding a new definition that effectively merged major and minor repair as a combined use. The Commission also sup- ported the idea of allowing vehicle repair uses in certain commercial zoning districts as permitted or conditional use, subject to conditions. The Commission discussed how the proposed ordinance amendment might impact existing non- conforming vehicle repair uses and potential negative impacts neighboring residential property owners might experience if existing vehicle repair uses did not comply with the conditions pro- posed in the zoning text amendment. In the Sunbelt Sales and Leasing case, some members be- lieved that since major automotive repair was never permitted for this used car dealership, the owner should apply for an amendment to their conditional use permit. The City Attorney explained that Sunbelt Sales and Leasing's conditional use permit was only for auto sales with minor repair as defined in the Zoning Ordinance at the time their conditional use permit was granted. Its non- conforming status was created when the City amended the Zoning Ordinance in 2006 whereby vehicle sales, display, and rental are no longer permitted in the B -2 District. The introduction of automobile major repair for Sunbelt Sales and Leasing (as currently defined in the Zoning Ordin- ance) would be an expanded use to their nonconforming status that never received City approval. The Planning Commission unanimously (4 ayes to 0 nays) recommended to the City Council that the proposed Zoning Ordinance amendment as presented on August 3 be approved, with the condition that "residential streets" as referenced in the permitted use with conditions and condi- tional use sections of the proposed ordinance amendment include a description to its meaning. It was suggested that the local street description as described in the Transportation Element of the adopted Future Vision 2030 Comprehensive Plan be referenced in these conditions. An excerpt from the Planning Commission's unapproved minutes for their July 25, 2011 meeting is attached. . =0 On June 15, 2011, the City Council directed city staff to review the City's Zoning Ordinance as it relates to automobile repair services in the Retail Business District, B -2, and Planned Business District, P -B. The current ordinance regulations allow minor and major automobile repair only by conditional use permit in the B -3 District. This discussion was prompted by Sunbelt Sales and Leasing's proposal to lease a portion of their building at 7510 East Point Douglas Road to an individual that performs minor and major auto- mobile repair. Because Sunbelt Sales and Leasing's property is zoned B -2, the proposed major automotive repair land use is not permitted at this location. Determining that major automotive re- pair was not allowed at this property is based on City Resolution No. 79 -108 dated August 1, 1979. This resolution granted a conditional use permit for an automobile sales lot to Wilbur Husaby for property at 7510 East Point Douglas Road. One of the conditions in this resolution states that "No engine overhauls, transmission overhauls, power train work, body work or painting of automobiles shall be allowed on the property." A copy of this resolution and Mr. Husaby's ac- ceptance of the conditions dated August 21, 1979 are attached. Honorable Mayor, City Council, and Ryan Schroeder Zoning Text Amendment — Vehicle Repair August 4, 2011 Page 3 of 7 In 1992, Mr. Beattie proposed to operate a used automotive sales lot at 7510 East Point Douglas Road. The City Council approved a resolution granting Sunbelt Sales and Leasing's a conditional use permit on October 21, 1992. Approval of this application was subject to the City approving a zoning text amendment to allow automotive dealerships as a conditional use in the Retail Busi- ness District, B -2, because at that time, the City's Zoning Ordinance did not allow auto sales, leasing, or rentals in the B -2 District. The City Council approved an ordinance amendment on No- vember 4, 1992 to allow outdoor display of passenger automobiles as a conditional use in the B -2 District (Ord. No. 579). This ordinance included a provision that as an accessory use, repair of passenger automobiles which are on the property for sale, lease, and rental shall be limited to minor automobile repair. A copy of Ordinance No. 579 is attached. A copy of Resolution No. 92- 250 approving a conditional use permit for a new and used automotive dealership that sells, leases, and rents automobiles is also attached. In 1994, Mr. Beattie purchased the former Pineridge Floral property at 7528 East Point Douglas Road and filed an amendment to his conditional use permit to expand his outdoor display of new and used automobiles to that property. Resolution No. 94 -245 amending Resolution No. 92 -250 was approved by the City Council on November 16, 1994. The Zoning Ordinance at that time still did not permit major automotive repair in the B -2 District. A copy of Resolution No. 94 -245 is attached. In 1998, Sunbelt Sales and Leasing filed for an amendment to their conditional use permit to de- molish the former Pineridge Floral building to construct a new sales building /showroom at 7528 East Point Douglas Road. The Zoning Ordinance still did not allow major automotive repair in the B -2 District. A copy of Resolution No. 98 -206 is attached. At the June 15, 2011 City Council workshop, the City Council expressed some interest in the possibility of allowing automotive repair services in more areas of the community. Rezoning the Sunbelt Sales and Leasing's property to B -3 was briefly discussed, but there were concerns for certain land uses allowed in the B -3 District and potential adverse effects they may have on abut- ting residential properties. It was also acknowledged that Village Transmission located across the street from Sunbelt is a nonconforming use in the B -2 District. • • ff ITrITW The City's Zoning Ordinance currently divides vehicle repair businesses into two categories: "Automobile Repair, Minor" and "Automobile Repair, Major." Both definitions from the Zoning Ordinance read as follows: "AUTOMOBILE REPAIR, MAJOR: General repair and rebuilding of trailers, including body- work, framework and major painting service." "AUTOMOBILE REPAIR, MINOR: The replacement or repair of any part, which does not re- quire the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when such services are ap- plied to passenger automobiles and trucks not in excess of seven thousand (7,000) pounds' gross vehicle weight." Honorable Mayor, City Council, and Ryan Schroeder Zoning Text Amendment —Vehicle Repair August 4, 2011 Page 4 of 7 Automobile minor and major repair are permitted uses in the General Business District, B -3, when the use is entirely within a building. If any part of the automobile repair business operates outside a building, then the business must obtain the City's approval for a conditional use permit. Auto- mobile major repair and auto body /painting when conducted inside a building are permitted uses in the Limited Industry District (1 -1), General Industrial District (1 -2), and the Railroad Access Industrial District (1 -5). The two tables below show the current zoning and proposed ordinance. Current Ordinance B -1, B -2 g -3 P -B B -N Automobile Repair, both major and Permitted use minor repair within a building Automobile Repair, both major and Permitted use by conditional use minor repair outside a building permit Automotive, trailer, recreational vehicles, boat/marine, and farm implement establishments for Permitted use display, hire, service, and sales conducted entirely within a building. Automotive, trailer, recreational vehicles, boat/marine, and farm Permitted use by implement establishments for conditional use display, hire, service, and sales permit conducted outside a building. Pro osed Ordionce 1 $ -[ B =2 0-3 P Permitted use by Permitted use Auto Body Repair conditional use by conditional p ermit use permit Permitted use with conditions or a permitted use by Permitted use with Permitted use Vehicle Repair conditional use permit conditions with conditions if the conditions are not met (1 The Limited Business District, B -1, is primarily an office district allowing office uses and medical clinics as permitted uses. Conditional uses allowed by conditional use permits include banks with drive -up facilities, senior care facilities, and schools. The B -1 District is intended to provide a buffer between residential areas and more intensive commercial zoning districts. The Neighborhood Commercial Business District, B -N, was created in 2003 to give the City greater control over commercial developments adjacent to residential areas. This district has more rigorous screening and landscaping standards than that required in other districts. This dis- trict has yet to be applied to any area in Cottage Grove. Honorable Mayor, City Council, and Ryan Schroeder Zoning TextAmendment — Vehicle Repair August 4, 2011 Page 5 of 7 The Retail Business District, B -2, is the most prevalent commercial zoning district in the City (304 acres). In addition to allowing the B -1 land uses, restaurants and most retail uses are permitted. Restaurants with liquor licenses and drive - through facilities are allowed by conditional use permit. Auto sales or auto repair are not allowed in the B -1 or B -2 Districts. The General Business District, B -3, is intended to include highway and auto - oriented businesses as well as "quasi- industrial and wholesale enterprises" that do not need an industrial setting but have considerable customer contact. Generally, B -3 uses are seen as having greater impact on surrounding properties and are, therefore, not suitable near residential areas. Permitted uses in- clude B -1 and B -2 uses as well as auto repair, auto sales, building material stores, currency ex- change, hotel /motels, and adult uses. The Planned Business District, P -B, is located along West Point Douglas Road, north of Jamaica Avenue. The intent of this District was to allow a mix of retail and low intensity industrial uses, such as office showroom, office warehouse, or light industrial uses. Alternatively to amending the Zoning Ordinance to allow motor vehicle repair /service in more commercial zoning districts, rezoning land to General Business District (B -3) would increase the amount of land area motor vehicle repair businesses could locate within. In doing this, other land uses permitted in the B -3 District that might be considered incompatible with residential uses will also have additional B -3 zoned properties to consider in the City. The following map and table shows the locations and acreage of various commercial districts currently in the City: COi IME#2tCAL ZOI ING ()!STRICT C[tEAGE B -1 25 acres' B -2 304 acres B -3 106 acres P -B 64 acres B -N 0 acres PUD /PDO (commercial) 47 acres Total Commercially Zoned Land 1 546 acres Honorable Mayor, City Council, and Ryan Schroeder Zoning Text Amendment —Vehicle Repair August 4, 2011 Page 6 of 7 If minor and major automobile repair is permitted in the B -2 District, certain conditions should be considered in the proposed ordinance amendment to ensure abutting residential uses or residen- tial zoning districts are properly protected from potential adverse impacts. In the attached text amendment, there are a number of conditions for your consideration. If an applicant is unable to meet all the conditions, they will then need to file for a conditional use permit. Public Hearing Notice A public hearing has been scheduled for the City Council meeting on August 10, 2011. A notice announcing this public hearing was published in the South Washington County Bulletin on July 25, 2011. Considerations Staff reviewed zoning ordinances from other communities to see how they regulate automobile repair and service businesses. The results showed a variety of definitions for vehicle repair uses and an array of zoning district classifications that allow them as permitted uses or by conditional use permit. A summary of the ordinance requirements from seven other communities is attached. In the future, the Planning Division will evaluate the permitted uses and conditional uses, devel- opment standards, and other performance regulations in each commercial zoning district. Work- Cottage Grove Zoning Dialects & Overlays []City Boundary Property Lines —Cri ical Area Overlay Boundary Zoning Districts E AG1- Agneultund Preservation ■ ...�. AGT- Agricultural 1 OUR. Urcan Reserve NR1- Rural Residential + ? ®R2- Residential Estate %.R23 Residential ° [`": . Reeidemi I Single Family R& Single Famil Residential , y R4- Low Density Resitlential 1 n /:.. RS- Medium Density Residential �`0 s ■RB- High Density Residential 4 SPUD- Planned Unit Development ,�+t L' PDO- Plannetl Development Overlay E81- Limited Business M82. Retail Business ! N63- General Business 775 pM PB- Planned Business District I w m It- Limited Industry w 012- General Industry ... X13 Heavy Industry ; I ®14- Commercial Excavation Y wn '� e ❑I6 Railro Aaess Disidct I u M i Cottage Grove Zoning Map If minor and major automobile repair is permitted in the B -2 District, certain conditions should be considered in the proposed ordinance amendment to ensure abutting residential uses or residen- tial zoning districts are properly protected from potential adverse impacts. In the attached text amendment, there are a number of conditions for your consideration. If an applicant is unable to meet all the conditions, they will then need to file for a conditional use permit. Public Hearing Notice A public hearing has been scheduled for the City Council meeting on August 10, 2011. A notice announcing this public hearing was published in the South Washington County Bulletin on July 25, 2011. Considerations Staff reviewed zoning ordinances from other communities to see how they regulate automobile repair and service businesses. The results showed a variety of definitions for vehicle repair uses and an array of zoning district classifications that allow them as permitted uses or by conditional use permit. A summary of the ordinance requirements from seven other communities is attached. In the future, the Planning Division will evaluate the permitted uses and conditional uses, devel- opment standards, and other performance regulations in each commercial zoning district. Work- Honorable Mayor, City Council, and Ryan Schroeder Zoning Text Amendment — Vehicle Repair August 4, 2011 Page 7 of 7 shops will be held to discuss broader implications these text amendments will have to the commercial and industrial zoning districts. Nonconforming Uses At the workshop on August 3, the group discussed how various nonconforming vehicle repair uses within the community could be allowed in the B -2 District without requiring the property owner having to obtain the City's approval of a conditional use permit. In consideration for neigh- boring property owners, it is important that these existing nonconforming vehicle repair uses are not exempt from other zoning regulations (e.g. glare, noise, lighting, screening, etc.). If Council decides to allow these nonconforming uses as permitted uses in the B -2 District, the City Attorney has prepared the following language: Title 11- 1013-2; Permitted Uses in the B -2 District g) A vehicle repair use not meeting these conditions must obtain a conditional use per- mit from the City; except that vehicle repair uses as an accessory or principal use in existence as of January 1, 2011 are permitted if they comply with clauses b, c, d, e, f, h, i and j of this paragraph 62 of Section 11 -108 -2 and clauses b, c, d, f, g, h, i, j, k, and I of paragraph 20 of Section 11- 10B -4. Such uses will be deemed legally nonconforming with respect to any noncompliance with clauses a and k. Title 11- 108 -4; Conditional Uses in the B -2 District n) A vehicle repair use not meeting these conditions must obtain a conditional use per- mit from the City; except that vehicle repair uses as an accessory or principal use in existence as of January 1, 2011 are permitted if they comply with clauses b, c, d, f, g, h, i, j, k, and I of paragraph 20 of Section 11- 108 -4. Such uses will be deemed legally nonconforming with respect to any noncompliance with clauses a, a and k. Inserting this language into the proposed Zoning Ordinance amendment will permit those existing nonconforming vehicle repair uses and Sunbelt Sales and Leasing to continue operating as they have in the past without having to obtain the City's approval for a conditional use permit. These nonconforming businesses cannot expand their use without the City's review and approval. If this language is supported by the City Council, it should also be inserted in Title 11- 108 -2, Permitted Uses and Title 11- 1013-4, Conditional Uses in the B -2 District. That the City Council adopts an ordinance amending Title 11 -1 -3, Rules of Word Construction; Definitions and the permitted and conditional use sections within the B -2, B -3, and P -B Districts of the Zoning Ordinance for purposes of allowing vehicle repair uses as a permitted use with condi- tions and conditional use with conditions in the B -2, B -3 and P -B Districts. A copy of the draft Zoning Ordinance amendment as recommended by the Planning Commission is attached. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING TITLE 11, CHAPTER 1, SECTION 3: RULES OF WORD CONSTRUCTION; DEFINITIONS; TITLE 11, CHAPTER 108, RETAIL BUSINESS DISTRICT; TITLE 11, CHAPTER 10C, GENERAL BUSINESS DISTRICT; AND TITLE 11, CHAPTER 10D, PLANNED BUSINESS DISTRICT OF THE CITY CODES SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 1, Section 3; Rules of Word Construction; Definitions by deleting certain words and definitions and adding certain new words and definitions as shown below: 11 -1 -3: RULES OF WORD CONSTRUCTION; DEFINITIONS: The phrase "used for" shall include the phrases "arranged for ", "designed for ", "intended for", "maintained for" and "occupied for ". For the purposes of this Title, the following words and phrases shall have the meanings respectively ascribed to them by this Section: fork, framewepk a p4 36 Vehicle: 37 may be 38 vehicle. 39 40 Page 1 N eH== =ftL - - 36 Vehicle: 37 may be 38 vehicle. 39 40 Page 1 41 42 43 44 G19 service. 46 SECTION 2. AMENDMENT "The Code of the City of Cottage Grove, County of 47 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 106- 48 2, Permitted Uses in the Retail Business District by inserting the following language: 49 ARTICLE B. RETAIL BUSINESS DISTRICT, B -2 50 11- 10B -2: Permitted Uses: No structure or land shall be used except for one or more of 51 the following uses, or uses deemed similar by the Council: 52 62 Vehicle repair, subject to these conditions: 53 a) Vehicle repair uses within 100 feet from a residential use or residentia 54 district are prohibited. 55 56 b) All repair, assembly disassembly or maintenance of vehicles shall occ 57 closed building except minor maintenance. including tire inflation. adc 58 wiper replacement and the like. 59 60 c) Outdoor storage of tires parts. materials and equipment is prohibited. 61 62 d) Vehicle repair uses shall designate on a site plan separate areas for c 63 parking and parked vehicles awaiting repair or pick -up. 64 65 e) Public address system outside a building is prohibited. 66 67 f) The hours of operation for a vehicle repair use shall be between 7:00 68 7M PM seven days per week. 69 g) A vehicle repair use not meeting these conditions must obtain a conditional use 70 permit from the City. 71 h) Auto body repair is prohibited. 72 i) Test driving vehicles on local residential streets as described in th 73 Transportation Element of the adopted Future Vision 2030 Compr 74 is prohibited. 75 j) Repair of commercial vehicle Class I and Class II are prohibited 76 k) Landscaping must be in compliance with 11 -6 -4 of the City Code Page 2 77 78 Q 63. Video sales . rental. (197-1 Code P, 2-11 XZn - Onn 79 2 N 7 4 80 81 SECTION 3. AMENDMENT 'The Code of the City of Cottage Grove, County of 82 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 1013- 83 4, Conditional Uses by inserting new language to read as follows: 84 ARTICLE B. RETAIL BUSINESS DISTRICT, B -2 85 11- 108 -4: Conditional Uses: No structure or land shall be used for one or more of 86 the following uses except by conditional use permit: 87 Any conditional uses as permitted in the B -1 District (Section 11 -10A -4 of this Chapter). 88 20. Vehicle repair, subject to these conditions: 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 a a wiser replacement and the like. C) d) Outdoor storage of tire parts materials and equipment is prohibited e) f) Public address system outside a building is prohibited. g) The hours of operation may be restricted to limit impacts to adjacent uses. 110 h) Auto bod repair is prohibited. 111 i) Additional landscaping and screening on the site may be required to limit sight 112 and noise impacts on adjacent uses. 113 j} 114 115 116 k) Repair of Commercial Vehicles Class I and Class II are prohibited. 117 1) Advertisina sianaae facina residential uses is prohibited. 118 m} Landscaping must be in compliance of 11 -6 -5 of the Citv Code. ifiK, 120 SECTION 4. AMENDMENT "The Code of the City of Cottage Grove, County of 121 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 10C- 122 2, Permitted Uses by amending the following to read as follows: 123 ARTICLE C. GENERAL BUSINESS DISTRICT, B -3 124 11- 10C -2: PERMITTED USES: No structure or land shall be used except for one or 125 more of the following uses, or uses deemed similar by the City Council: 126 1. All permitted uses and permitted uses with conditions within the B -2 Retail Business 127 District (Section 11 -10B -2 of this T-itleChC� 128 2. Air - conditioning and heating sales and repair establishments. W ON 132 4- Automobile, trailer, recreational vehicles, boats /marine, and farm implement 133 establishments for display, hire, service, and sales conducted entirely within a 134 building, including, as incidental to these major uses, all repair work in 135 connection with their own and customers' vehicles. 136 a- Building materials; provided, that they are conducted entirely within an enclosed 137 structure. 138 6 5. Casket supplies and monument sales. 139 7--6. Postal offices. 140 9 Rental services, including the leasing of automobiles, utility trailers, household 141 equipment and similar rental equipment when conducted entirely inside a 142 building. (1971 Cede § 28 "Im =1 144 SECTION 5. AMENDMENT "The Code of the City of Cottage Grove, County of 145 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 10C- 146 4, Conditional Uses by adding and deleting certain language and re- numbering to read 147 as follows: 148 ARTICLE C. GENERAL BUSINESS DISTRICT, B -3 149 11- 10C -4: CONDITIONAL USES: No structure or land shall be used for one or more of 150 the following uses except by conditional use permit: 151 3. Auto bodv repair 152 3 Automotive, motorcycle, trailer, recreation vehicles for display, hire, service, 153 rental and /or sales conducted outside a building. 154 4 Automotive repair, both majGr and M i ROF repair, when conducted Guts-ide a 155 building. This shall Ret be Gonstrued te inclu'de autemebile, tractor, or maGhine 156 salvage and used parts yards. 157 20. Vehicle repair as allowed by conditional use permit in Section 11 -108 -4 of the B- 158 2 District's conditional uses. 159 160 SECTION 6. AMENDMENT "The Code of the City of Cottage Grove, County of 161 Washington, State of Minnesota" shall be amended by amending Title 1,1, Chapter 10D- 162 2, Permitted, Uses by inserting the following to read as follows: 163 ARTICLE D. Planned Business District, P -B 164 11- 10D -2: PERMITTED USES: No structure or land shall be used except for one or 165 more of the following uses: 166 42. Vehicle repair as allowed in Section 11` -106 -2 of the B -2 District's permitted uses. 167 42- 43 . Veterinarian hospitals /clinics (inside a building). (Ord. 623, 1 17 1996; 168 amd. 2000 Bede) 169 170 SECTION 7. AMENDMENT "The Code of the City of Cottage Grove, County of 171 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 1 OD 172 42, Conditional Uses by amending the following to read as follows: 173 ARTICLE D. Planned Business District, P -B Page 5 174 11- 10D -4: CONDITIONAL USES: No structure or land shall be used except for one or 175 more of the following uses: 176 177 1. Auto body repair 178 179 4 2 . Banks and financial institutions (with drive - through facilities). 180 181 -2 3 . Convention, banquet, and exhibition halls. 182 183 3 4. Hospitals. 184 185 4 5 Vehicle repair as allowed in Section 11 -10C -4 of the of_the B -3 District's 186 conditional uses. 187 188 189 SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect 190 from and after its adoption and publication according to law. 191 192 Passed this day of 2011. 193 194 195 196 Myron Bailey, Mayor 197 Attest: 198 199 200 201 Caron M. Stransky, City Clerk 202 203 204 Published in the South Washington County Bulletin on [Date]. Page 6 `-I O N N E a o O V N a� a ° o v $ d o P c Er _ n o .Q m ry c 2 U 6 O C 61 O N m L m N c E ` p a 'o I � a � E `m o d d N � C m o - c U d c o m l N 2 E 1 — U € E E o D. mm m p E m o �U am a _ W u 'd ° o N ry r d, m mo O o c o °'m Rio 'a0 > V p V o o v E'°� nU 0 d l a ¢ a c o c c c "R Q m N�.� _$ '_ o._ I p m a 0 ' ° O UL Gd�dd NOfV CO Cm N 6p 6 m ddoo omZcm �o 0 i� nom .... � m d 0c �'^3 yam B.� mm E 1,c cm w� m v °cU m m m mm E m EMU nm U m� c • _ m p' %n NNNN 0 NU y C ° y��0) ° b ¢ i . Ema� ai C$"o.w m' uEEEE taEEm E m c'�QC nxc$E °"V Ecm'U 'o OU UUU y£ J d OOO y yymL�c N . za o.S '�c"mimom °c «mc 31O 3am3iU c�m dE d�ccc $rnsm a°��'S�om =5 mdm �d E'a�mmmai E E ddd 0 z 2UU�mLL w 0 JZCJN OUdILLL LLLLU�]`LU JZULL'K Ky JZU UJUD.R O V O 6 E m K y � m N N O c O C V Z O m O m m O a O O C C C d Nc C gl Q C 60 d Y d e r 0 a WHEREAS, Sunbelt Sales and Leasing, Inc. has submitted an application for an amendment to a conditional use permit to allow construction of a new sales building/ showroom for the property at 7528 East Point Douglas Road; and WHEREAS, the Sunbelt Sales and Leasing, Inc. property is legally described as: Lots 11, 12, and 13; Block 11 of Thompson Grove Estates 8th Addition, Cottage Grove, Washington County, Minnesota. Commonly described as 7510 and 7528 East Point Douglas Road South, Cottage Grove, Minnesota. WHEREAS, the Planning Commission of the City of Cottage Grove held public hearing and reviewed the application at their meeting on October 26, 1998; and WHEREAS, testimony by Judd Beattie, owner of Sunbelt Sales and Leasing, was received and entered into the public record; and WHEREAS, the Planning Commission recommended on an 8 to 1 vote that the application be approved, subject to conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Washington County, Minnesota, that the Conditional Use Permit amendment proposed by Sunbelt Sales and Leasing, Inc. to allow the construction of a new sales building /showroom shall be approved, subject to the ® following conditions: Res. No. 98 -206 Page 2 ® 1. All vehicles displayed or parked outside shall be in good running condition. Wrecked or inoperable vehicles shall not be stored on the site, unless they are inside the building. Exterior lighting for security purposes shall deflect light away from adjoining residential properties and the public street. 3. The roof, hood, etc. of vehicles shall not be used for displaying advertising media. This shall not be construed to prohibit information /warranty /price list on a window of the vehicle. Pinwheels, pennants, streamers and other attention - attracting devices are prohibited. Antenna pennants would be allowed. 4. The applicant shall maintain a solid fence at the rear property line. 5. The applicant record on all lots which comprise the site a restrictive covenant which states that the lots function as one for purposes of the site plan, setbacks, circulation and parking, and other applicable ordinance criteria. The covenant precludes sale of the lots independently so long as the property use is as a passenger vehicle sales and display operation. The applicant, with the City's permission, may remove the covenant if the site use changes or if the site is otherwise brought into compliance with ordinance requirements of the site land use. All landscaping and irrigation on the public right -of -way is at the owner's risk. The City is not liable for any damage to these improvements and they must be relocated at the owner's cost if the city must do work within the right -of -way. 7. The applicant revise the site landscape plan to increase the amount of open space similar in intent to that depicted on Exhibits L and M. Site landscaping should be similar or better in scope and design to that found within the immediate commercial neighborhood. The commercial neighborhood is defined as the properties along East Point Douglas Road from Super America to the site. The landscape plan shall include overstory trees, ornamental trees, and shrubbery and will include plantings along the back of the lot to aid in buffering the site from the adjoining residential uses. A final plan must be submitted and approved by the Planning Division prior to issuance of a certificate of occupancy for the new office building. 8. Installation of landscaping would occur in the spring of 1999 consistent with the approved plan. A letter of credit in the amount of 150 percent ® of the landscape estimate should be submitted to the city prior to issuance of a certificate of occupancy for the new office building. Res. No. 98 -206 Page 3 Ask 9. The applicant will repave the existing parking lot and stripe it to provide direction regarding site circulation, customer parking, and designated display areas. Paving may occur up to one year after approval by the Council. The applicant shall submit a letter of credit in the amount of 150 percent of the paving and striping estimate to the city prior to issuance of a certificate of occupancy for the new office building. 10. Up to two ramps or elevated display areas are permitted on site so long as they are incorporated into the final landscape plan. 11. The applicant conduct some minor grading within the green space in the north to depress that area slightly, to provide some minor drainage retention. 12. The applicant remove the black top area in the east which overlaps the property line. Further, blacktop will be removed to permit on -site landscaping in the east. Passed this 4th day of November 1998. Ai1 .. j ~ C Caron .� WHEREAS, Sunbelt Sales and Leasing, Inc. filed a Conditional Use Permit application to amend City Resolution No. 92 -250, a resolution approving a Conditional Use Permit for purposes of expanding the outdoor display area for new and used passenger vehicles on property legally described as: �35r� 1 "Lots 11, 12 and 13, Block 11, Thompson Grove Estates 8th Addition, Cottage Grove, Washington County, Minnesota ". Commonly described as 7510 and 7528 East Point Douglas Road, Cottage Grove, Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the above described property and published in the Washington County Bulletin; and WHEREAS, Sunbelt Sales & Leasing occupies an existing building located at 7510 East Point Douglas Road. The building is used for an office and service /maintenance shop (two attached service bays) and new /used passenger vehicles that are for sale, rent and lease are displayed along the perimeter of the property boundary lines. The rear yard setback for the existing building and parking setbacks do not comply.witih the minimum requirements of the Zoning Ordinance. The existing five foot high wood fence located along the rear lot line also does not comply with the six foot high screening requirement; and WHEREAS, Sunbelt Sales & Leasing has purchased the adjoining property (Pineridge Floral) located at 7528 East Point Douglas Road, The rear yard setback for this existing building and parking setbacks also do not comply with the minimum requirements of the Zoning Ordinance; and WHEREAS, Sunbelt Sales & Leasing's immediate plan is to expand their outdoor storage and display of new and used passenger vehicles on the Pineridge Floral parcel. The existing Pineridge Floral business will continue to occupy the property and existing building for an undetermined period of time; and Resolution No. 94 -245 Page 2 WHEREAS, Sunbelt Sales & Leasing's future plan is to demolish the Pineridge Floral building, close certain access drives, and build an addition to their existing building (Exhibit "B"); and WHEREAS, The City is allowing reasonable use of both properties and the existence of nonconformities until such time a change is made to Exhibit "A ", or another application amending this Conditional Use Permit is required. The City will re- evaluate these nonconformities at that time and will require certain improvements for purposes of mitigating there impacts; and WHEREAS, the Planning Commission held a public hearing on September 26, 1994 and October 24, 1994 and by a vote of 7 ayes to I nay, recommends to the City Council the approval of this request, subject to certain conditions; and WHEREAS, two neighboring residential property owners submitted a statement of "Issues and Concerns" for this proposal. This statement was read aloud at the October 24, 1994 Planning Commission meeting; and WHEREAS, it was acknowledged that the proposed landscaping, improvements by the applicant will increase the front yard "green space ", but did not want these improvements to conflict with the applicant's future development plans and potential for this site. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota hereby approves an amendment to Resolution No. 92- 250, a resolution approving the original Conditional Use Permit application made by Sunbelt Sales and Leasing, Inc. for purposes of allowing the outdoor display of new and used passenger vehicles on property legally described above, subject to the following conditions: 1. All vehicles displayed or parked outside shall be in good running condition. Wrecked or inoperable vehicles shall not be stored on the site, unless they are inside the building_ 2. The trash dumpster shall be enclosed or screened so as not to be visible from abutting property or street. A gate shall be constructed on the front of the trash enclosure. 3. Exterior lighting for security purposes shall deflect light away from adjoining residential properties or public streets. 4. No vehicle shall be on a mounted or elevated platform. L NMI o as Resolution No. 94 -245 Page 3 5. Windows, roof, hood, etc. of vehicles shall not be used for displaying advertising media. This shall not be construed to prohibit information /warranty /price list on a window of the vehicle. Pinwheels, pennants, streamers and other attention - attracting devices are prohibited. Antenna pennants would be allowed. 6. The applicant shall maintain the solid fence at the rear property line. 7. "Stop" signs shall be installed at all driveway exits. The signs shall be 30" X 30" in size. The bottom of the sign must be 7 feet above the ground and between 3 -6 feet away from the curb. 8. All landscaping improvements on the public right -of -way is at the owners risk. The City is not liable for any damage to said improvements. 9. As a minimum, this Conditional Use Permit will be administratively reviewed on an annual basis or when Pineridge Floral vacates the premises and said building is converted to a different use. The purpose of this review is to insure all conditions specified herein are complied with. 10. The applicant shall combine the two lots of record into one taxing parcel. A certified copy of this lot combination from the Washington County Assessor /Treasurers office shall be provided to the Planning Division before December 31, 1994. 11. Approval of this Conditional Use Permit is based on the overall layout as shown in Exhibit "A ", except only one vehicle for sale, lease, rent or outdoor storage shall be permitted within the 30 foot front setback of the Pineridge Floral property while the existing Pineridge Floral building is occupied by a business unrelated to Sunbelt Sales and Leasing. The location of this one (1) display space shall be in the northwest corner of the Pmerdge Floral parcel. 12. Approval of this Conditional Use Permit does not include the improvements shown in the conceptual landscape plan without the.existence of the Pineridge Floral building (Exhibit "B "). An amendment to this Conditional Use Permit shall be applied for by the applicant prior to Pineridge Floral building being raised. 13. The City must approve an amendment to this Conditional Use Permit for any changes that are not shown in Exhibit "A ". 14. The applicant will be required to make significant improvements to the site plan, consisting of landscaping, screening to adjoining residential properties and OffiGIRM Resolution No. 94 -245 Page 4 improvements to the parking lot when an amendment to the Conditional Use Permit is applied for, which shall be prior to the Pineridge Floral building being raised. Passed unanimously this 16th day of November, 1994. John D. Denzer, Mayor Attest: Caron M. Stransky, Cit Clerk 02ry -� 6 RESOLUTION NO. 92 -250 RESOLUTION APPROVING SUNBELT SALES AND LEASING, INC.'S CONDITIONAL USE PERMIT TO OCCUPY PROPERTY LOCATED AT 7510 EAST POINT DOUGLAS ROAD FOR PURPOSES OF OPERATING A NEW AND USED AUTOMOTIVE DEALERSHIP THAT SELLS, LEASES, AND RENTS AUTOMOBILES WHEREAS, Sunbelt Sales and Leasing, a Conditional Use Permit to operate a dealership on property legally describe< "Lot 11, Block 11, Thompson Grove according to the recorded plat Washington County, Minnesota ". Inc. made application for new and used automotive as: Estates Eighth Addition, thereof, Cottage Grove, Commonly described as 7510 East Point Douglas Road; Cottage Grove, Minnesota. WHEREAS, the applicant has also a pending (Planning Case No. ZA92 -44) text amendment application for purposes of allowing new and used automotive dealerships as a conditional use within the "B- 3", General Business District; and WHEREAS, public hearing notices were mailed to property owners within 500 feet of the above described property and published in the Washington County Bulletin; and WHEREAS, no testimony was received in opposition of the requested Conditional Use Permit; and WHEREAS, the Planning Commission held a public hearing on September 28, 1992 and unanimously recommends to the City Council the approval of this request, subject to certain conditions and that the revised site plan be returned to the Planning Commission for their approval; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, that the Conditional Use Permit application made by Sunbelt Sales and Leasing Inc. to occupy property legally described above for purposes of operating a new and used automotive dealership shall be approved as shown on the site plan labeled Exhibit " and dated August 17, 1992; subject to the following conditions. 1. Approval of the Conditional Use Permit is contingent upon the Zoning Te amendment is approved to allow for automotive dealerships (Conditional Use Permit) within the 11 B -2 District. E Resolution No. 92 -250 Page 2 2. All vehicles displayed or parked outside shall be in good running condition: Wrecked or inoperable vehicles shall not be stored on the site, unless they are inside the building. 3. If trash dumpsters are stored outside of the building, a trash enclosure structure shall be constructed in accordance with Ordinance No. 522. Prior to its construction, plans must be reviewed by City staff and a building permit issued by the city. 4. A building permit shall be obtained prior to any remodeling of the building. 5. All signage on the site shall comply with the provisions of the Sign ordinance. 6. "Potholes" and areas where the bituminous surface has deteriorated shall be repaired. 7. The western most access drive along Hefner Avenue shall be removed. The bituminous and concrete material lying between the roadway of Hefner Avenue and the property line shall be removed and replaced with sod and landscaping material. New curbing shall be constructed between the existing curb along Hefner Avenue and the new curbing placed along East Point Douglas Road. The applicant is responsible for removing the driveway and construction of new curbing. Construction of the curb shall be in accordance to City Standards. S. The Building Official and Eire Marshal shall inspect the building and certify it for occupancy before any occupancy or use of the building. 9. Exterior lighting for security purposes shall be installed and arranged so as to deflect light away from adjoining residential properties or public streets. 10. No vehicle shall be on a mounted or elevated platform. 11. Landscaping shall be installed along East Point Douglas Road and Hefner Avenue. It is required that the applicant provide the Planning Department with a copy of their proposed landscape plan for review and approval. The applicant and staff will work together to determine the number and size of plantings: E Resolution No. 92-250 Page 3 12. The applicant shall submit a bonafide cost estimate of the landscaping improvements, driveway removal and curb construction. A letter of credit in the amount of 125 percent of such estimate shall be submitted to and approved by the City before any building permits or occupancy of the property. Upon completion of the required improvements, the owner /applicant shall in writing, inform the City that said improvements have been completed. The city shall retain the financial guarantee for a period of one year to insure the survival of the plantings. 13. windows, roofs, hoods, etc. of vehicles shall not be used for displaying advertising media. This shall not -be. construed to prohibit information /warranty /price list on a window of the vehicle. Pinwheels, pennants, streamers and other attention - attracting devices are prohibited. Antenna pennants would be allowed. 14. The applicant shall maintain the solid fence at the rear property line. Passed this 21st day of October, 1992. 1 JVin D. Denier, ayor Attest° Councilperson Raun Councilperson Buth 11 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 passenger omob' which are on the propert or sale, lease an rental shall be limited to minor automobile repair. Passenger automobile shall mean any motor vehicle (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. John D, Denze , Mayor Attest: Caron Stransky, City CIe K Introduced by: Councilman Raun Seconded by: Councilman Wolcott Ayes: 5 Nays: 0 City of Cotta Grove Mrnesota 7516 80th Street South / Cottage Grove, Minnesota 55016 November 6, 1989 Planning Department City of Cottage Grove 7516 - 80th Street South Cottage Grove, MN 55016 To Whom It May Concern: 512 • 456 -;Idw I do hereby accept the conditions of the Conditional Use Permit as specified in Resolution No. 79 -108 passed by the Cottage Grove City Council on August i, 1979. Signature t C O R p t ��C / Date Pn11G1 nPPnPTI INITV FMPI nVPM RESOLUTION NO. 7 108 RESOLUTION GRANTING CONDITIONAL: USE PERTAIT.'FOR AY AUTO- MOBILE SALES LOT TO WILBUR HUSABY. WHEREAS, Wilbur Husaby has filed an application for a conditional use permit to operate an out -door automobile sales lot at 7510 Point Douglas Drive, said property being legally described as: Lot 11, Block 11, Thompson's Grove Estates, 8th Addition, commonly known as 7510 Point Douglas Drive, Cottage Grove, Minnesota, and WHEREAS, the Planning and Zoning Commision of the City of Cottage Grove held a public hearing on said application on March 26, 1979,• and subsequently recommended approval of the same at the meeting of July 23 1979, but that the permit be subject to certain conditions, and WHEREAS, the City Council has reviewed the application on the recommendation of the Planning Commission and finding them to be proper and appropriate in view of the circumstances, and WHEREAS, the proposed use will not cause a traffic hazard or, con- gestion;-and-the adjacent land will not be adversely affected bec -ause of traffic generation, noise, glare or other nuisance characteristics, NOW THEREFORE, BE IT RESOLVED, by the City Council of Cottage trove, Washington County, State of Minnesota, that the application of Wilbur Husaby for a conditional use permit for an out -door auto- mobile sales lot on the above - described shall be and the same hereby is, approved, on the following conditions: 1. That lighting must be directed away from the adjacent resi- dential area. 2. No engine overhauls, transmission overhauls, power train work, body work or painting of automobiles shall be allowed on the property. 3. No inoperative vehicles shall be stored on the site. . 4. Sufficient parking shall be provided at the rear of the build- ing for customers and employees. S. That one curb cut on Point Douglas Drive and one curb cut on Hefner Avenue shall be closed. 6. That the sales lot shall not be open for business after 10 p.m. 7. That the underground gasoline storage tank shall either be removed or filled with sand. S. That no outside audio system shall be used. 9. That the existing landscaping on Point Douglas Drive and Hefner shall remain and shall be maintained. 10. That the maximum number of vehicles allowed to be parked on the sales lots shall conform to the requirements used for parking in the 11 -2 District. Passed this lst day of A „ , 1979. — 4 -19 M -- a Attest: Cler ' - 2 - EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JULY 25, 2011 6.2 Auto Repair Ordinance Amendment — Case TA11 -016 The City of Cottage Grove has applied for an amendment to the City's Zoning Ordinance relative to motor vehicle repair and auto body repair businesses in commercial zoning districts. (The public hearing will be held by the City Council on August 10, 2011.) Parr provided a brief history on why this amendment is being proposed. She stated that on August 3, 2011, there will be a joint meeting with the Planning Commission, City Council, and Economic Development Authority to generally talk about the City's commercial districts. The discussion will center on the City's vision, if we should more comprehensively look at our commercial districts, and revising our ordinances to be more reflective of our vision. There may be some open areas to create new economic development while still preserving our important adjacent residential community. McCool summarized the staff report and recommended approval of the ordinance amend- ment. The Planning Commission held a lengthy discussion that covered the distinction between auto body work and auto repair work. The Commission discussed how nonconforming ve- hicle repair uses should be dealt with if they cannot meet the ten proposed conditions. The discussion included how to differentiate between a nonconforming use and a legal noncon- forming use. The definitions for automobile major and minor repair and the proposed vehicle repair definition were reviewed. Other topics discussed by the Planning Commission pertain to the following: • Uses permitted in the B -2 and B -3 districts; • Impacts the proposed ordinance amendment might have on existing nonconforming vehicle repair businesses; • Conditional use permits apply to property, not ownership; • Enforcement; • Potential impacts auto repair businesses may have on adjacent residential and com- mercial properties; and • Aesthetic issues such as storage of inoperable vehicles on the site. Treber asked if there were any public comments. Judd Beattie, owner of Sunbelt Sales and Leasing, stated that due to the change in the economy, they want to lease out two bays in their shop area to a local couple who has been in auto repair business for 30 years. He explained that there was a misunderstanding when they received their conditional use permit in 1992 for a car lot and the minor and major auto repair was never defined clearly. It was his understanding that major auto repair was the auto body repair, which he knew would be inappropriate adjacent to residential properties. He stated that he did not realize that the CUP regulated what types of repairs could be done Excerpt from Unapproved Planning Commission Minutes Auto Repair Ordinance Amendment —Case TA11 -016 July 25, 2011 Page 2 of 2 in a closed garage. They are trying to clear up this misunderstanding. He believes any kind of mechanical work inside a closed garage should be allowed. He then expressed concern about being required to get another conditional use permit due to the cost and amount of time it requires. He applied for three CUPS and every resident adjacent to his property has signed a petition each time in support his business being there. He stated the proposal for leasing the space will not change anything. Sunbelt Auto will keep one of the three bays and the other business will occupy two bays and the office. He requested that if the City decides to require a CUP for major auto repair that his CUP for minor auto repair be changed to major auto repair so he would not have to go back a fourth time. He also asked if the re- quirement that garage doors be closed at all times be removed. There were no other public comments. The Planning Commission continued discussing the proposed ordinance amendment. Some Commissioners were in favor of not distinguishing the definition for major and minor auto re- pair. The Commission further discussed if vehicle repair is a permitted use with conditions in the B -2 District or if a conditional use permit should be required for all auto repair uses. McCool asked if the suggested conditions to the permitted use with conditions and to the conditional use permit were properly addressed. The Commission briefly discussed the fol- lowing conditions: 1) Garage service doors open or closed while vehicles are being repaired; 2) a six -foot fence should be required to enclose inoperable vehicles on properties that are within 100 feet of residential property; 3) determining how long an inoperable vehicle can be parked on a property; 4) if the five existing business be exempt or part of a conditional permit review process. Councilmember Olsen stated that on August 3 a joint meeting with the City Council, Planning Commission, and Economic Development Authority will be held. He noted that from the di- alogue there has been a lot of reference to waiting for more information from the City Attor- ney and suggested that the Commission consider tabling this discussion to the August 3 workshop and have the City Attorney present to provide further clarification. The EDA would also have the opportunity to provide input as this could have significant impact on business development and growth, particularly regarding changes to the B -2 zoning district. Brittain made a motion to table the discussion for further discussion on August 3 and to bring it back for formal action at the next Commission meeting or to reconvene their meeting at the workshop meeting on August 3, 2011. Rambacher seconded. Motion passed unanimously (6 ayes to 0 nays).