8.2. SR 02-04-2013REQUEST FOR ACTION
TO
ITEM NUMBER
Mayor and City Council
8.2
AGENDA SECTION
MEETING DATE
PREPARED BY
General Business
February 4, 2013
Jeremy Barnhart, Planning Manager
ITEM DESCRIPTION
REVIEWED By
Conditional Use Permit: Cornerstone Auto Resource for Motor
Suzanne Fischer, Community
Vehicle Specialty Shop at 17219 US Highway 10 NW, Case No.
Operations & Development Director
CU 13 -01
REVIEWED BY
Cal Portner, City Administrator
ACTION REOUESTED
Approve the agreement between Cornerstone Auto Resources and the City of Elk River regarding
payment of park dedication and storm water management fees.
2. Adopt a resolution approving the Conditional Use Permit amendment permitting the oil change
facility.
3. Review terms of the applicant's waiver of additional signage.
BACKGROUND /DISCUSSION
At its meeting on January 22, the Council continued action on the Conditional Use Permit application
that would allow the conversion of the detail center to an oil change facility. One of the conditions was
that the plat for the subject property (Plat of Jabez) be recorded prior to obtaining a building permit for
the interior remodel.
The Council directed staff to draft an agreement allowing the applicant to pay park dedication and storm
water fees in full over a 3 -4 year period, permitting the plat to be recorded and outlining penalties due to
failure to pay. The term of the agreement has yet to be determined.
The attached agreement outlines initial payment due by February 15, 2013, with subsequent payments due
each year starting January 31, 2014; or upon expansion of the main dealership building, whichever occurs
first.
The agreement also notes that the applicant agrees not to seek additional signage during the term of the
agreement, though the Council may wish to discuss, as the variance approval was based in part on the
understanding that the property owner was willing to `give up' additional signage. There was no implied
sunset to this agreement.
Penalties include revoking the Conditional Use Permit and /or collection of the fees, including attorney's
fees.
The agreement also includes 2% interest, which is consistent with city policy.
P O w E A E D 9 i
N: \Public Bodies \City Council \Council RCA \Agenda Packet \02 -04- 2013 \8.2 staff report.docx 4A URE
ATTACHMENTS
• Agreement
• Resolution
Action Motion by Second by Vote
Follow Up
N: \Public Bodies \City Council \Council RCA \Agenda Packet \02 -04- 2013 \8.2 staff report.docx
Agreement for Issuance of Amended Conditional Use Permit
This Agreement for issuance of an Amended Conditional Use Permit ( "Agreement')
entered into the 4t' day of February, 2013, by and between the City of Elk River ( "City ") and
Cornerstone Auto Resource ( "Cornerstone ").
WHEREAS, City approved a land use amendment, rezoning, conditional use permit and
preliminary and final plat for expansion of Cornerstone's automobile dealership located at 17219
US Highway 10 NW in 2006; and
WHEREAS, Cornerstone failed to record the final plat approved in 2006 and has not paid
the applicable park dedication and surface water management fees ( "Fees "); and
WHEREAS, the 2006 plat approval subsequently expired and the plat was reapproved by
the City in 2012 on the condition that Cornerstone pay the Fees; and
WHEREAS, the Fees have not been paid to date and currently total Eighty -One
Thousand Four Hundred Forty -Eight Dollars ($81,448); and
WHEREAS, Cornerstone seeks approval of an amendment to the Conditional Use Permit
approved in 2006 to allow an oil change facility in an accessory building on the property; and
WHEREAS, the conditions for approval of the Amended Conditional Use Permit include
recording the plat and paying the Fees; and
WHEREAS, Cornerstone has requested that it be allowed to record the plat and proceed
with the oil change facility upon payment of a portion of the Fees, and that it be allowed to pay
the balance of the Fees over a period of time; and
WHEREAS, City has agreed to allow Cornerstone to pay the Fees in installments, subject
to the conditions of this Agreement.
NOW, THEREFORE, City and Cornerstone agree as follows:
1. City approves the Amended Conditional Use Permit to allow the oil change
facility, subject to the conditions set forth in the resolution of approval, including Cornerstone's
agreement to and execution of this Agreement.
2. Cornerstone agrees to pay the Fees as follows:
A. $ shall be paid by Cornerstone prior to the issuance of a
building permit for construction of the oil change facility;
B. The balance of the Fees shall be paid in annual installments of
$ each, together with interest at a rate of 2 % from February 4, 2013 to the
date of the payment, each payment to be received by the City no later than January 31,
beginning January 31, 2014 and continuing until all payments have been made.
C. All of the Fees shall be paid prior to the issuance of a building permit for
expansion of the main dealership building on Cornerstone's property.
3. Cornerstone agrees that failure to execute this Agreement and make the initial
payment due by February 15, 2013, or failure to make any of the remaining payments due on or
before the due date, will constitute a violation of the terms of the Conditional Use Permit
approved in 2006 for the dealership and will constitute sufficient cause for City to revoke the
Conditional Use Permit.
4. Cornerstone further agrees that for as long as this Agreement is in place, it will
not seek and will not be entitled to any additional signage beyond the signage currently in place
on the main dealership building and the signage approved for the oil change facility. This
condition can only be revised by an amended conditional use permit which amends this
Agreement.
5. In the event of Cornerstone's failure to make any payment required by this
Agreement, in addition to revocation of the Conditional Use Permit City may, at its option,
declare the entire amount of the Fees due and payable within ten (10) days and may pursue
collection of all amounts due under this Agreement, and all costs of collection including
reasonable attorneys' fees. Cornerstone waives presentment, demand for payment, notice of
dishonor, notice of protest, protest and all other notices or demands in connection with the
delivery, acceptance, performance or default under this Agreement.
659857.DOCX
CITY OF ELK RIVER
By
Its Mayor
AND
Its City Clerk
CORNERSTONE AUTO RESOURCES
LO-A
2
Its
RESOLUTION 13-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING CONDITIONAL USE PERMIT REQUEST
CU 13 -01 AND ESTABLISHING FINDINGS OF FACT THEREOF
WHEREAS, Application was made on November 26, 2012, by Cornerstone Auto for a
Conditional Use Permit to convert a detail shop to an oil change facility
for the property legally described as that part of the Northwest Quarter of
the Northwest Quarter of Section 11, Township 32, Range 26, Sherburne
County, Minnesota; and
WHEREAS, The application for approval (the Application) was referred to the City
Council; and
WHEREAS, The City Council conducted a public hearing on the Application, after
proper publication and due notice thereof as required by ordinance and
statute, on January 22, 2013; and
WHEREAS, Following completion of the public hearing, the City Council made the
following findings of fact with respect to the application:
1. The conversion will not negatively affect the use and enjoyment of other
property in the immediate vicinity.
2. The conversion is consistent with the Comprehensive Plan.
3. The conversion will not impede the normal and orderly development and
improvement of surrounding vacant property.
4. The conversion is served adequately by and will not adversely affect
essential public facilities and services including streets, police and fire
protection, drainage, refuse disposal, water and sewer systems, parks and
schools; and will not, in particular, create traffic congestion or interference
with traffic on adjacent and neighboring public thoroughfares.
5. The conversion will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons or property because of excessive traffic, noise, smoke, fumes,
glare, odors, dust or vibrations.
6. The conversion will not result in the destruction, loss or damage of a
natural, scenic or historic feature of major importance.
7. The conversion will fully comply with all other requirements of this Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk
River, based on the findings of fact set forth above, hereby approves the Application for a
Conditional Use Permit to convert the detail shop to an oil change facility (Motor Vehicle
Specialty shop), on condition that:
N: \Public Bodies \City Council \Council RCA \Agenda Packet \02 -04- 2013 \8.2. resolution comerstone.docx
1. As a conditional use permit is not a building permit, the applicant
shall apply for all required permits.
2. The development shall meet all applicable fire codes. The fire chief
shall verify the location of all fire hydrants, and may require
additional hydrants necessary to preserve the health and safety.
3. A sign package is not approved.
4. The plat shall be recorded.
5. The agreement for issuance of amended conditional use permit
shall be executed.
Passed and adopted this 4"' day of February 2013.
John J Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
N: \Public Bodies \City Council \Council RCA \Agenda Packet \02 -04- 2013 \8.2. resolution comerstone.docx
N
OJ
4-
C
O
4-J
c
E
Q�
L
a)
c
O
N
L
L
O°
O
U 06
00
t!}
v
�a
0
0
N
a)
V,
v
a`)
c
t\ ct N
Ql Cf Cl
lD i--I Ln
ate+ Ql O
f- m m
00 co 00
V! VV ill
I- I'D N
to C l Cr Ql
N CY Ln
4+ tD 4 N
t6
O
00
O
N �
v'F
� O �
O O
N r1
V')- Af�-
N 00 00
00 Ct O
N
N N c-i
N CO CO
00 d O
,�1 lmD rr O
N N �
m O O
m O I'D
m of ri cn
k.D Oo
O -+ m N
N N �
C
a1
E
cv
Q
m Ln
0
Q)
.Q
E
z
2
Cc
9, : 1 &rCt o -,