STAFF REPORTStaff Report\3-28-19_PAC_Bullick_CUP_Staff_Report.docx CUP#19019 Page 1 PID#04-0136-000...

$: STAFF REPORTStaff Report\3-28-19_PAC_Bullick_CUP_Staff_Report.docx CUP#19019 Page 1 PID#04-0136-000 STAFF REPORT Applicant Information Applicant: Nicholas Bullick. Application: Conditional$
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CUP#19019 Page 1 PID#04-0136-000

STAFF REPORT

Applicant Information Applicant: Nicholas Bullick

Application: Conditional use permit to operate a used car sales lot in a Non-Intensive Agriculture (A-1) zoning district per Pope County Land Use Controls Ordinance section 6.3.M.

Location: Part of the Southwest Quarter (SW ¼) of the Southeast Quarter (SE ¼) of the Northwest quarter (NW ¼), Section 24, Township 126 (Ben Wade), Range 39, Pope County, Minnesota.


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Background The applicant is seeking right to operate a used vehicles sales business on a parcel located adjacent to the community of Lowry and with frontage on State Hwy 55. However, the parcel is located in the Non-Intensive Agricultural (A-1) zoning district which requires a conditional use permit to be issued for commercial uses. The site has previously been in commercial use but had not been properly permitted by Pope County.

Applicable Statutes

• This application is subject to the criteria and procedures as prescribed in section 11.5 Conditional Use Permit of the Pope County Land Use Controls Ordinance.

• The proposed land use is being considered as a conditional use on Non-Intensive Agriculture designated land as per Pope County Land Use Controls Ordinance Section 6.3.M.

• The proposed land use is subject to the 2015 Minnesota Accessibility Code.

Staff Comments Based on the review of the application, Staff offers the following comment:

The Pope County Land Use Controls Ordinance, section 6.3.M. allows for “Other uses of the same general character…provided those uses are not more concentrated or intensive…, produce no greater impact on the neighborhood…, and are not incompatible with existing adjacent uses.” Section 6.3.D. identifies uses such as restaurants, convenience stores, gas station, on/off sale liquor sales that are allowable by C.U.P. While 6.3.O. allows for motor vehicle salvage facilities. A used vehicle sales lot is not dissimilar to these other allowable uses. Therefore, this application is processed as a use that is consistent with other allowable uses as described in Section 6.3 of the Pope County Land Use Controls Ordinance. As a commercial use there is a requirement to be in compliance with the Minnesota Accessibility Code (parking, bathroom facilities, doorway widths, signage etc.).


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Figure 1: Handicap Parking Accessibility

Figure 2: Handicap Bathroom Accessibility


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Staff Recommendation Approve with Conditions

Based on the findings of fact presented in this report the Staff recommends approving the application with the following conditions:

1. That prior to use/occupancy, that a SSTS (septic) compliance inspection be completed and that any findings of non-compliance be remediated.

2. That the structure and use be ADA compliant.

3. All outside lighting must be hooded and directed straight down.

4. Any sign advertising the business must be located outside of the right-of-way, may be no larger than 48 sq. ft. on each side, and may be no more than 15 ft. in total height. The sign may not be lighted except for ground-level, flagpole-type lighting.

5. Signage and advertising are limited to the onsite business.

6. Operating hours should be posted and adhered to.

7. Any change in the use (other than the permitted uses in the zoning district or what is included in this permit) or expansion of the business shall require a conditional use permit.

8. The owner understands that future development of this site may be conditioned upon mitigating any impacts of non-compliance with the Pope County Land Use Controls Ordinance.

9. No new impervious surface is allowable, i.e. gravel, paving, structures, etc.

10. That prior to any construction activities or placement of signage, that all necessary permits are secured from Township, County and State agencies.

11. That prior to business operations, that all other state and local permits, licenses and approvals shall be obtained for the operation of the business.


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Staff Findings The Staff offers the following findings:

1. The project is in compliance with the setback and other provisions of this ordinance unless a variance has been granted: Any proposed structure and/or use will necessarily be in compliance with the provisions of the Pope County Land Use Controls Ordinance as a condition of the permitting unless a variance has been granted.

2. The use is not in conflict with the County Comprehensive Land Use Plan: The current Comprehensive Plan includes goals that state a recognition of diverse and existing land uses throughout the county. It is noted that not all uses are compatible and that there should be consideration as to separation, siting, development requirements and operating standards. The Comprehensive Plan also states that the ground and surface water resources should be protected for future use and enjoyment and that there should be ample overview, regulation and standards to prevent activities that are not sound from an environmental perspective. Based on the proposed land use including distance from sensitive environmental features, roadway and neighboring properties, the proposed use is not in conflict with the County Comprehensive Plan.

3. That the use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish or impair neighborhood property values in the area and will not interfere with the best interest of the surrounding area or the community as a whole: The proposed use is located along State Highway 55, just north west of the community of Lowry. There is a variety of land uses surrounding the property. Some of the land uses in the area include industrial, commercial, and residential. There should be no negative impact on any of these existing uses.

4. The use will not create an excessive burden on parks, schools, streets, water supply, public drainage systems and other public facilities and utilities which serve or are proposed to serve in the area: This land use is not expected to have a significant negative impact on public infrastructure.

5. The structure and sites shall have an appearance that will not have an adverse effect on adjacent properties: The site is expected to remain neat and orderly in appearance.

6. The road on which the project is proposed is adequate to handle increased traffic during operation, and that the use will not cause traffic hazards or congestion: The road network is adequate to handle traffic associated with the operation of the business.

7. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare, odor, or general unsightliness: There should not


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be any negative impacts related to the intrusion of noise, glare, odor or general unsightliness upon nearby existing businesses.

8. That the establishment of the use will not impede the normal and orderly development and improvement of surrounding vacant property uses predominant to the area: There are a variety of neighboring land uses. The proposed land use will not conflict with existing uses.

9. That adequate utilities, drainage and other necessary facilities have been or are being provided: Any necessary utilities, drainage or other facilities will be addressed prior to and as a condition of issuance of any construction activities permit.

10. That adequate measures have been or will be taken to prevent or control rodents, insects, offensive odors, fumes, dust, noise, and vibration in order that none of these will constitute a nuisance, and that adequate measures have been or will be taken to prevent negative impacts on surface water, groundwater, and air quality, and that measures have been taken to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result: The site is expected to remain neat and orderly in appearance. As such, the site should not have a negative impact on neighboring properties with noise, dust, appearance, and other nuisances or impacts.


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REPORT APPENDIX

• Routing Sheet (Comments, concerns and conditions)

• Public Notice

• Supplemental Information

Attachment 1: Site Layout (Nicholas Bullick, March 2019)

Attachment 2: Business Narrative (Nicholas Bullick, March 2019)


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Routing Sheet

Comments, Concerns and Conditions

Agency

MN DOT No Comments Received

County Department

Assessor COMMENTS: Property will stay classified as Commercial for Property Tax purposes

PROPOSED CONDITIONS: None

Attorney No Comments Received

E911/IT COMMENTS: Addressing: Property currently has address assigned to parcel. 28687 State Hwy 55, Lowry. (If this would be a 2nd business on property, may want a second address, leave to owners discretion)

Emergency Mgt No Comments Received

Recorder COMMENTS: Please see MN Statute 507.093 Standards for documents to be recorded or filed for recording of documents in the Recorder's office. The current owner of parcel 04-0136-000 is Minnewaska Motors LLC per document #275931; which can be found in the Laredo program.

Township

Ben Wade COMMENTS: The Township has no issue with this proposal.

PROPOSED CONDITIONS: Site should be maintained in an orderly fashion and meet any environmental conditions required by P.C. Land & Resource.

Other Comments Received

No Comments Received


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Public Notice

POPE COUNTY LAND & RESOURCE MANAGEMENT

POPE COUNTY COURTHOUSE 130 E. MINNESOTA AVENUE, SUITE 113

GLENWOOD, MINNESOTA 56334 (320) 634-7791

POPE COUNTY PLANNING ADVISORY COMMISSION NOTICE OF PUBLIC HEARING FOR

CONDITIONAL USE REQUEST

Notice is hereby given that a Public Hearing will be held in the Community Room of the Pope County Courthouse, 130 East Minnesota Ave, Glenwood, MN 56334 at 6:00 pm or shortly thereafter on Thursday, March 28th, 2019, where the Pope County Planning Advisory Commission will consider a conditional use request per Pope County Land Use Ordinance sec. 11.5.

Description of Request: Conditional Use hearing on the application by Nicholas Bullick, if granted would permit applicant to operate a used car sales lot in a Non-Intensive Agriculture (A-1) zoning district per Pope County Land Use Controls Ordinance section 6.3.M.

Legal Description/Site Location: Part of the Southwest Quarter (SW ¼) of the Southeast Quarter (SE ¼) of

the Northwest quarter (NW ¼), Section 24, Township 126 (Ben Wade), Range 39, Pope County, Minnesota.

Dated: March 8, 2019 By: Jessica Hill

Land Use Specialist Land & Resource Management


CUP#19019 Supplemental Information PID#04-0136-000

Supplemental Information

Supplemental Information Attachment 1:

Site Layout (Nicholas Bullick, March 2019)


CUP#19019 Supplemental Information PID#04-0136-000

Supplemental Information Attachment 2:

Business Narrative (Nicholas Bullick, March 2019)

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