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HomeMy WebLinkAbout20120416 - VIII-B-2 To: Mayor Hicks & City Council From: John Hinzman, Community Development Director Date: April 16, 2012 Item: Resolution – Deny Special Use Permit – Operation of a Towing and Auto Repair Business – 710 Commerce Drive – Michael Banaszewski City Council Action Requested: Consider action on the request of Michael Banaszewski to operate a towing and auto repair business at 710 Commerce Drive. The application follows notification by the City of operation proper permits. Background Information: Background information and analysis of the request follows the cover page and resolution. Financial Impact: The request should not have an effect on the City Budget; application fees have been collected to defer city costs for review. Advisory Commission Discussion: The Planning Commission voted 6-0 to recommend denial of the request at the April 9, 2012 Planning Commission. One person spoke against the request during the public hearing. The Planning Commission cited the following reasons for denial: ! Operation of the towing and repair business prior to securing proper permits. ! Numerous code complaints on the property relating to inoperable vehicles, unlicensed vehicles, repair of vehicles outside the building, and exterior storage of miscellaneous debris. ! Failure by the applicant to correct past code violations in a timely manner and a history of recidivism of past offenses. ! Undocumented disposal of hazardous fluids leading to potential contamination of a sensitive drinking water aquifer. ! Inability to conduct the towing and repair business activities within the existing building. Council Committee Discussion: None Attachments: ! Resolution ! Background Information and Analysis City Council Memorandum HASTINGS CITY COUNCIL RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS DENYING THE SPECIAL USE PERMIT REQUEST OF MICHAEL BANASZEWSKI TO OPERATE AN AUTOMOBILE TOWING AND REPAIR OPERATION AT 710 COMMERCE DRIVE Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Michael Banaszewski, property owner, has petitioned for Special Use Permit approval to operate an automobile repair and towing operation generally located at 710 Commerce Drive, legally described as Lot 1, Block 2, HASTINGS INDUSTRIAL PARK NO. 6, Dakota County, Minnesota; and WHEREAS, on April 9, 2012, the Planning Commission of the City of Hastings serving as the Board of Zoning Adjustment and Appeals held a public hearing and reviewed the petition as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission voted 6-0 to recommend denial of the petition; and WHEREAS, The City Council has reviewed the petition and concurs concurs with the opinion of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council of the City of Hastings hereby denies the petition of Michael Banaszewski to operate an automobile towing and repair operation at 710 Commerce Drive based upon the following reasons: 1. Operation of the towing and repair business prior to securing proper permits. 2. Numerous code complaints on the property relating to inoperable vehicles, unlicensed vehicles, repair of vehicles outside the building, and exterior storage of miscellaneous debris. 3. Failure by the applicant to correct past code violations in a timely manner and a history of recidivism of past offenses. 4. Undocumented disposal of hazardous fluids leading to potential contamination of a sensitive drinking water aquifer. 5. Inability to conduct the towing and repair business activities within the existing building. Council member _____________________ moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on April 16, 2012, by the following vote: Ayes: Nays: Absent: ATTEST: ___________________ ___________ Paul J. Hicks, Mayor _____________________________________ Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of April, 2012, as disclosed by the records of the City of Hastings on file and of record in the office. ______________________________ Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th Street East Hastings, Minnesota 55033 BACKGROUND INFORMATION Comprehensive Plan Classification The 2030 Comprehensive Plan designates the property as I – Industrial. The proposed use is consistent with the plan. Zoning Classification The property is zoned I-1 – Industrial Park. Retail and service establishments serving as primary uses are classified as “Special Uses” in the I-1 District. Adjacent Zoning and Land Use Direction Property Use Zoning Comp Plan North Commerce Drive Waste Management I-1 Industrial East Precision Landscaping Arrow Building Center I-1 Industrial South Office\Warehouse I-1 Industrial West Tim’s Auto Repair I-1 Industrial Existing Condition The proposed one acre site contains a 3,240 s.f. warehouse building constructed in 1996. The site is also home to Maher Well Drilling. Proposed Improvements No improvements are proposed at this time. SPECIAL USE PERMIT REVIEW Board of Zoning Adjustment and Appeals The Planning Commission acts as the Board of Zoning Adjustment and Appeals in consideration of Special Use Permit requests per Section 30.02 of the Hastings City Code. Special Use Permit Definition Section 155.02 of the Hastings City Code, Zoning Code Definitions defines Special Uses as follows: Uses that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision of such special uses is made in this Zoning Ordinance. Notification Notification of the request was mailed to all property owners within 350 feet of the site. Staff has received questions regarding repair of vehicles outdoors, junk on the property, sales of vehicles and storage of unlicensed or inoperable vehicles. Ingress and Egress Ingress and egress are adequate. The property is served by a two entrances from Commerce Drive. Parking Pavement area is available for parking, but has not been striped for individual spaces. Required parking is as follows: Use Requirement Spaces Required Provided Auto Service 1 per 500 s.f. of building (3,240 s.f. building) 7 Undefined Waste Fluid Disposal Waste fluids generated by the repair and towing operation must be disposed of properly. The existing building contains a floor drain; it is not certain whether the drain is connected to a flammable waste separator prior to discharge in to the City’s storm water system. The site is located within the sensitive Drinking Water Supply Management Area (DWSMA). Areas within the DWSMA drain directly into the drinking water aquifer. Exceptional care is necessary to limit potential contamination. It is unclear how waste fluids are currently disposed. Trash Disposal It appears most trash disposal is contained within the building; there are no exterior trash dumpsters on the site. Exterior Vehicle Repair It appears repair automobile repairs are being conducted in the parking lot. All vehicle repairs must be conducted within the building. Exterior Storage The property has been cited for exterior storage violations. The applicant has begun to clean up the property, but additional work is needed. Unscreened exterior storage must be strictly prohibited. Unlicensed and Inoperable Vehicles The property has been cited for numerous unlicensed or inoperable vehicles. The storage of unlicensed or inoperable vehicles is strictly prohibited. Existing Well The property has contains an active private well near the entrance to the garage. The well must be better protected against damage and contamination ANALYSIS The applicant has failed to operate in accordance with the City Code. The automobile repair and towing business are currently operating without proper permits and the facility has been the recipient of numerous code violations including unlicensed vehicles and exterior storage. City staff has significant concerns on the ability to abide by city code based on the past record. If approval of the Special Use Permit is granted, the following conditions are recommended. The conditions must be strictly adhered to and will be closely monitored to ensure compliance. Any violation of the conditions will lead to a hearing before the City Council to revoke the permit. 1. All outstanding property maintenance violations must be corrected in accordance with Code Enforcement Officer. 2. Any code violation complaints must be handled expeditiously. Failure to comply in a timely manner will result in revocation of the special use permit. 3. Parking stalls must be delineated and striped to meet minimum requirements. Seven spaces are required. A plan for the location of the spaces must be submitted and approved by the Community Development Director. 4. A Hazardous Waste Generators license must be secured and maintained. A copy of the license must be submitted to the City of Hastings. 5. A flammable waste separator must be installed to prevent direct discharge of fluids into the sanitary sewer 6. Adherence to the Drinking Waters Surface Management Area requirements (DWSMA) for disposal of waste fluids. 7. All waste and trash disposal must be contained within the building or within an exterior dumpster enclosure area. The enclosure must be enclosed on all four sides and be constructed with materials to match the primary building. 8. All vehicle repairs must be conducted within the building. Exterior repair of vehicles is strictly prohibited. 9. Unscreened exterior storage of items is prohibited. Any exterior storage must be enclosed by a privacy fence. 10. All vehicles must be parked on a hard surface. Parking of vehicles on impervious surfaces is strictly prohibited. 11. Concrete bollards must be installed to protect the existing well from damage. 12. No unlicensed, unregistered, inoperable, or damaged vehicles shall be stored outside overnight. 13. Sales of vehicles are prohibited. 14. Impounding of vehicles is strictly prohibited. 15. Agreement to allow annual inspection of the special use permit by City staff. 16. Approval is subject to a none year Sunset Clause, if significant progress is not made toward the he proposal within one year of City Council approval, the approval is null and void. 17. The special use permit shall terminate if auto repair or towing operations cease for a period greater than six months. ATTACHMENTS ! Location Map ! Site Pictures ! Application EXTERIOR PHOTOS INTERIOR PHOTOS