Planning Commission Minutes
January 4, 2007 - 7:00 p.m.
City Hall Council Chambers
1. Call to Order and Flag Pledge.
Commission Chair Vince Johnson called the meeting to order.
2. Roll Call.
Chair Vince Johnson and Commissioners Randy Dahlheimer, Steve Fowler, Kevin Faulds and Bob O’Brien were present as was City Council Liaison Scott Hoke, City Planner Erin Stwora, and Mark Hanson from Bonestroo Rosene Anderlik and Associates.
3. Approval of the Agenda.
The agenda was approved by consensus and Item 8 – Resolution of the Planning Commission Finding the Modification to the Tax Increment Financing Plan for the Tax Increment Financing District No. 1 Conforms to the City Plans for Development of the City as a Whole, was added.
4. Open Forum.
Chair Johnson opened the open forum.
No one came forward for open forum.
Chair Johnson closed the open forum.
5. City Council Update.
Council Liaison Hoke provided the update.
6. Consent Agenda.
A. Approval of the August 10, 2006 Planning Commission meeting minutes.
Motion to approve by Johnson, second by Fowler, All ayes.
7. Public Hearing – Minneapolis Auto Auction IUP
Planner Stwora explained that there are two sites that are being looked at by Minneapolis Auto Auction, who is requesting a 3-year Interim Use Permit, and the ability to extend that an additional 3 years. She requested a motion on Site 1 and a separate motion for Site 2. Site 1, about 10 acres near the rail line, is located directly across from the Wicht Industrial Park area, near Territorial Road and 113th on property owned by Mary Lou Regan Etal Trustees. Site 2, about 5 acres owned by Marcia Robertaccio, includes a request for only 2 1/3 acres, and is near Brockton Lane and Territorial Road near Atlas Pile Driving. The property owner wants to maintain use of some of the site, and would lease the property to the applicant, Minneapolis Auto Auction, for storage/inspection of their vehicles.
The proposed use for Site 2 is for the creation of a maximum of 114 parking stalls for storage of vehicles, used as a reconditioning site/check site. The property is already fenced around the perimeter. Site 1 proposed use is to create 1,142 maximum parking stalls for storage of vehicles, the construction of a fence, and a guard shack at the entrance of the property. Both sites are within the I-1 Industrial Park Zoning District and she reviewed the uses around and what was permitted in the area for outside storage – as an accessory use, if incidental, or permitted for a conditional use of a property.
Planner Stwora reviewed the satisfaction of zoning district requirements, explaining that Site 1 does not satisfy the outdoor storage requirement permitted as an accessory use, as there is no principle use/building on this site. Another concern is that the impervious surface would exceed the allowable 80% surface requirement for over 1,000 vehicles being parked. Surface cover/wetlands/stormwater was not provided, but felt it was not necessarily needed, until the Planning Commission’s/City Council’s desires were known, but Engineer Hanson’s report did cover information pertaining to such. Stwora explained that the proposal also failed to satisfy the overall intent of the I-1 Zoning District as a conditional use, which is for low density, wholesaling, warehousing, and manufacturing.
Regarding Site 2, Planner Stwora reviewed that the outdoor storage area also fails to meet the requirements, as the proposal is not really an accessory use or permitted conditional use on the site, but only a use maintained for some empty space on said site. It also fails to satisfy the overall intent of the I-1 Zoning District, which were noted on Table 2 of the memorandum to the Planning Commission. Stwora recommended denial of the two proposals from Staff, because of the items mentioned, and their incompatibility with the Comprehensive Plan, as the area is guided in the future for commercial.
Engineer Hanson then reviewed his memo, dated December 19, 2006, mentioning that Site 1 was included in the Wicht Industrial Park Feasibility Study area, and recommended the easements be provided at no cost to the City and that assessments of about $485,937 be accepted. He reviewed that a grading and utility services plans would need to be provided, and clarity of the new access to Territorial Road. For Site 2, Engineer Hanson mentioned needs for a grading/drainage plan, clarity of the right-of-way requirements along Brockton Lane for future improvements, if moving forward.
The Public Hearing was opened and the following came forward:
1) Jon Eisenmann – Minneapolis Auto Auction mentioned a couple points regarding transport of trucks and coming in and out for Site 1. “It is a drive in/drive out area, with no transport trucks loading there, as that occurs at their main facility. These would just be cars that would be sitting 30 days until they are scheduled for a sale, then they are driven back with their own transportation drivers back to the auction at about 12-13 at a time. We had left a corner open there for the use of Holly Lane, and we didn’t know where the City would want a gate, so we did not assign where the entrance would be, as we know the extension was coming through at that end of the property. So it could be on the other side, the southwest corner on Territorial Road, and then you would have a setback of a fence where it is coming in, so if a car was coming and the gate wasn’t open, they wouldn’t be sitting on the street. We would provide 24 hour security, three shifts, every 8 hours it would change. We’re just parking cars, most of which are Chrysler 2006 or 2007 right now, getting back from rental car companies. They come in and tell us to sell them, we schedule a sale, have the sale and bring them back to our facility. There is no reconditioning done there, no washing of cars, they just drive in and park the car, then drive the car back out. There is no gasoline stored on site and a trailer for a guard, so they have a place to stay out of the elements. A port-a-potty would be there for sanitation and they just bring the cars in, store them, secure them, and drive them back out.”
Commissioner Faulds asked where they have sites around the metro area, and Mr. Eisenmann responded that their site is at Maple Grove, 78 acres, on 81st and Jefferson Highway, and they are temporarily leasing the Anoka County Fairgrounds, coming in and out. He said if the City wanted privacy screening on the fence, they would do that. We are looking for additional property to expand, an additional 60 acre site or 150-200 acre site for a facility, unknown now, as no property has been found. Faulds asked if they were leaving Maple Grove, and Eisenmann responded that they have just outgrown their facility, as they went from selling 45,000 cars a year in 1996 to 85,000 cars a year. Faulds asked the size of the facility in Maple Grove, and it was answered that it was 70 acres and currently 10,000 cars there, plus customer parking. The only other site we use is an off site for the employee parking lot off of Hemlock in Maple Grove. When asked how many cars in Anoka, he responded they had about 1,500 maximum. Commissioner Fowler asked their plans at the end of three years would be to vacate these areas, and the response was yes.
On Site 2, Mr. Eisenmann continued, is a little different, as they get rental cars back from the rental companies, they go back to Chrysler, and in the mean-time Chrysler wants an independent company to actually do an inspection on the car and they charge back the customer/renter for the damage. The rental car company comes back within a 3 day period and agrees to the damage seen on the vehicle and then they take the vehicle to their facility, so they are there from 3-5 business days. It depends on the season; some days they can get 30 cars a day, and in summer time when all the cars are rented, they could get two cars a day – it fluctuates from 2 to 100 cars and varies every day. It’s all predicated by the rental car companies. Right now we are getting a lot of cars this week, but after the holidays the rentals will start decreasing so they are getting the cars back to us now – 200 between Ford and Chrysler.
Mr. Eisenmann informed he is just proposing for Chrysler, because they happen to have an independent inspection for their cars. That’s a person that would be there during business hours, one person between 8 a.m. and 5 p.m. There would still be security there 24 hours a day, just because it is easier than taking keys out of the cars, losing them and having to re-key cars. They would be unarmed just on the lot to watch over the cars, presence more than anything. We haven’t really had any problems with our site in Anoka, and it has been done many years up there – 6 years at that site. The Commission asked if that was where the inspections are currently being done, and Mr. Eisenmann responded that they are done at their facility in Maple Grove. Their old site was 4 acres in Roseville, but that was sold after 2 ½ years. Eisenmann informed that there was existing Class 5 there and the drawing didn’t do it justice, because the spaces are bigger than an actual car, but we are estimating by measuring the size of the gravel that a 5 deep parking situation there, you could get about 114 cars there without using existing roadways. A commissioner asked when they are doing the inspections doing them outside or in buildings, and it was relayed one of the buildings, the existing building of the left side, has a canopy area they can pull under if it is raining out. They do it outside; they have a wireless system, a notepad, all electronic where they tap in the damage on the car. He clarified that it is not a mechanical inspection, just a visual to make sure if the car has been wrecked and it might have possible frame damage so it is not accepted back into the program, as they have guidelines they have to meet, visibly.
2) Matt Regan, of Meer Companies (representing the property owner), my grandmother is Mary Lou Regan, the owner of the property, through Regan Etal Trustees. We own Site 1, and I worked with the architect to do the layout and initially we just took simple 20 foot boxes and he explained how he got the numbers. We hadn’t provided for any black dirt storage or ponding, at this time. The plan is that they will take the grading company and grade off the black dirt either to the front or back and leave the existing black dirt on site and we have a bunch of Class 5 in Maple Grove they would bring up and compact 4-5” to make sure it didn’t rut up as the cars were driving around. And I since talked to Engineer Hanson about ponding, and Mr. Regan mentioned a high spot on the land explaining how it generally flows, and then he talked with an engineer about a bid already and creating a small pond, which he showed, going into the ditch area. There is an existing pond, he informed, that runs along and he showed a gas line easement not marked out on the plan, but he stated he would like work with the adjacent property owners or Hanson, as now the existing Holly Lane improvement plan has two ponds because the gas line easement is there and they can’t exactly put a pond on top of a gas line. He stated he wants to work with the to do one of two things – either lengthen the pond and come into theirs or maybe they could do some kind of swap here or lengthen the pond for whatever we need and leave the existing ponds there. He informed he called Planner Stwora today and asked for his staff report and he stated he hasn’t seen anything. He knows that Jon received his today in the mail. Last week he talked to Engineer Hanson. Planner Stwora responded that she only sends out reports to the applicant, which was Jon Eisenmann, not to all interested parties, and those went out on Friday, giving time for review. Mr. Regan stated they talked about this right-of-way stuff, cost for taking that and everything, and stated that this afternoon he finds out that dedication is part of this plan, stating that wasn’t even discussed at any time; it just showed up on a piece of paper. He was a little disheartened by that. Planner Stwora explained that it doesn’t need to be discussed, as Engineer Hanson is the City’s professional engineer and giving his professional recommendation that when you are asking for something outside of the box, he is making his recommendation. With the Auto Auction sites that area existing in the City of Dayton, they were both required to give up right-of-way for future roads, so this is not unlike any other project. He responded that he has done a lot of development and in all his days whenever I come into a development he works with his applicant and ensure that if there is going to be any outstanding issues. He has never worked with a development that has been actually in the box; somebody always has something they do differently than the next person, or everything would look alike. He always email the staff or call and say we need to sit down or have a phone conversation, which he had with her, to which she said they didn’t need one. She clarified that a meeting was not needed regarding grading and ponding and all that, because the main issue is the outdoor storage. She does not want him to go to the expense or pay for consultants’ expense before they get through the main issue of outdoor storage, what he is applying for. She said she was trying to save him money. In the case of the right-of-way, staff doesn’t write reports until the week before the meeting; that was part of Engineer Hanson’s. There are other issues going on with negotiations with right-of-way which is a part of this, as well, and he knew very well that it was needed, because of a meeting with Hanson and Administrator Orduno. He agreed, stating he was trying to accommodate their design, instead of having the City redraw it, which would not make sense. Mr. Regan reviewed they are looking for an interim use for three years, right now an I-1, in the future the City has commercial.
From a standpoint of usability of property, he can’t really see anything besides for this that would be a good fit, because if it is going to be commercial in 2020, he wouldn’t want to invest in buildings that would be there for 40 years, presumable crack-faced block or something along that line, where I would have a light industrial building along the lines I would build in communities like Rogers or Maple Grove. As far as Minneapolis Auto Auction operations, he doesn’t know about ABC Auto Auction, and or the relationship they have with the City, but said he has bought cars from the Minneapolis Auto Auction, he’s been down there years ago on Plymouth Avenue, and it has been nice to see it grow in Maple Grove. He said Maple Grove is a pretty stringent community on all their requirements and he wants to say that the Minneapolis Auto Auction is a good organization and it got about 400+ retired people that work for them part-time shuttling these cars around – all nice folks – and they are an asset to our community, he said. At this time, Planner Stwora mentioned the other auto auction uses, wondering if the commission members wanted history on those, which they did after the other people came up to speak.
3) Marcia Robertaccio, property owner along with my son, Dan III, 11720 Brockton Lane came forward and stated that she thinks Minneapolis Auto Auction would be a wonderful use of her property. She has tried to rent the property the last 1 ½ years and found if really hard, because of the zoning and outside storage, so it has been sitting vacant. She thinks they would make a really good fit. It is asphalt and gravel in the back, all fenced, and how they have it set up it would work real well. Like he said, the cars are only going to be in there for inspection and no mechanical; nothing inside the building, just the use of the building for their security guards to warm up. The rest of the building is used for her own personal family storage. The commission asked the use of the gravel in the past, and she responded that Twin Express rented the building for 10 years, an over the road trucking company. They stored their vehicles, some semis, on the property, but had a different location for fixing them. They downsized and did not need that amount of property any longer. The commissioners asked if her residence was on that property, and she relayed she lived in Orono. There is no home on the property, it was informed, but a metal roofed one-story building, with the front part office, and a warehouse/storage, loading dock, all vacant, and an area in the back, with the pole barn that her family uses for personal use, Ms. Robertaccio stated. She has made arrangements with the auto auction, if it works. The commission had questions about the buildings, and she reviewed the site plan and clarified.
The Public Hearing was closed, and Planner Stwora relayed history on the other auto auctions. She relayed that regarding public safety issues there have been with the sites, this area has had significantly more police calls than any other area in the City, because of the business presence. Last year, ABC Auto Auction two sites had 85 police visits, and they do have on-site security, including at the end of the year, hiring Dayton officers. The storage site had 17, and the main site where there is 24 hour security had 67 calls.
The history of the ABC sites was relayed. The 20 acre main site with the building on it had a CUP approved in 1996, first as a plat. She mentioned some of the conditions, including watershed review. The code at that time required blacktop and concrete and curbing on that site, a payment of a park dedication fee, and the dedication of a 40 ft. half right-of-way on Territorial Road. The 7-8 acre auxiliary site was approved by an IUP, with the original terminated in 2002. Minimal plan requirements were found, consisting of some grading and dust control, and drainage plans that were required to be reviewed by Elm Creek Watershed. No more than 60% of the site was allowed to be covered with impervious surface. Road right-of-way was granted and lighting was required. This site, Stwora relayed, expired in 2005, so it is out of compliance right now. It was approved, she learned, because it was an interim until sewer availability. It was relayed that the maximum number of cars for the ABC Auto Auction was 100-120 per acre, or about 600.
The current application at hand was a similar use, Planner Stwora relayed, so she thought the history would be helpful to the Commission. She took questions from the members, informing that ABC did meet all the standards of the CUP, as she noted. It meets the ordinance, except for the extreme outdoor storage, as being an accessory use. There was a principle use, a building on the site.
Commissioner O’Brien commented that the area in question is the gateway to Dayton and will set the tone from development in the future. He voiced that Dayton has seemed to become the dump for the area, and he suggests doing something about that. He confirmed that the application requested by Minneapolis Auto Auction does not fit the zoning or Comprehensive Plan for the City.
MOTION: O’Brien made a motion to deny both of the requests.
Motion made by O’Brien.
Commissioner Fowler suggested the key word is “temporary”, relaying that three years was not very long, and stating his concern that if the sites are not used for what is proposed, they won’t be used for anything until sewer to the area. He did not feel they should need to put the money into putting up structures and meet all the ordinance requirements, if this is going to be a temporary facility. He stated his agreement with O’Brien that monitoring is needed for what goes in there, especially in the long term. If the environmental and access issues were met, the dedication issue worked out, he said he would not have a problem with this on an interim basis.
O’Brien stated his concern that what people see there now will probably impact the future, wondering what businesses would desire to be next to it. He suggested the Commission decide if they want that area to be an industrial area or a parking lot.
Commissioner Faulds wanted discussion at this point. He asked Planner Stwora and Engineer Hanson for a report on what might be coming to the proposed area and timelines for developing. Planner Stwora referred to the Wicht Industrial Park, explaining that their design standards, outdoor storage and height for that storage are very stringent. She informed that Cemstone and MnRV is going in, and others having discussions in the near future, all of which will be held to very high standards and are making big investments in that area. It was noted that this proposed application is directly across the street from the new Industrial Park that the City wants visibly appealing. Cemstone is expected to begin building this spring, it was relayed.
Engineer Hanson reported on the sewer and water timing of that area of Site 1 of the Minneapolis Auto Auction on Territorial Road to Holly Lane, all to be improved by the end of 2007. The County’s proposal for the road improvements in that area were also mentioned, with the intersection being built in 2008, at this point. The site on Brockton, he relayed, has no plans expected. The assessment hearing is likely scheduled for this fall, Hanson informed. The site locations for the proposed applications were reviewed with the Commission.
Chair Johnson stated that he agreed with both perspectives.
Commissioner Dahlheimer stated that the existing agricultural use on Site 1 is a good use for the time being. He doesn’t have a problem with the proposed use on Site 2.
Commissioner Faulds does not want to see another parking lot in Dayton. He is sympathetic to some use on the site (Site 1). He feels that 3 years is long term when development is coming. He feels that the interim use for Site 2 is acceptable.
Motion to deny the Minneapolis Auto Auction interim use permit for Site 1. Motion made by O’Brien, seconded by Dahlheimer. Ayes: Johnson, Faulds, O’Brien, Dahlheimer. Nays: Fowler.
Motion to deny the Minneapolis Auto Auction interim use permit for Site 2. Motion made by O’Brien. There was no second. The discussion continued.
Commissioner O’Brien stated that the area is zoned for industrial uses today and should be used for industrial uses.
Commissioner Fowler stated that once sewer is there, the area will likely be redeveloped.
Commissioner Faulds stated that because of the existing use, size and lot layout, he would not be opposed to allowing the use for three years.
Chair Johnson stated that he did not want to see any junk cars and that since this use would likely be 2006/2007 inspection models, junk cars would be unlikely.
Motion to approve the Minneapolis Auto Auction interim use permit, for a period of three years or when municipal sanitary sewer and water is available, whichever comes first subject to the two (2) conditions agreed upon among the Commission members at the meeting:
Motion made by Johnson, seconded by Faulds. Ayes: Dahlheimer, Faulds, Johnson, Fowler. Nays: O’Brien.
8. Resolution - Planning Commission Finding the Modification to the Tax Increment Financing Plan for the Tax Increment Financing District No. 1 Conforms to the City Plans for Development of the City as a Whole.
Planner Stwora explained that due to year end TIF cleanup issues, this resolution needed to be acted upon by the Planning Commission regarding their approval of TIF District No. 1.
Motion to approve the TIF resolution. Motion made by O’Brien, seconded by Johnson. Ayes: All.
9. New Business.
Future and Continued Planning Commission Agenda Items.
10. Staff Notices and Announcements.
A. The City Council meetings at which the above items may be considered will be held on January 23, 2007.
B. The next Planning Commission meeting will be held on February 1, 2007.
11. Adjourn.
Motion to adjourn was made by Johnson, seconded by Dahlheimer. Ayes: All.