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4.2. SR 12-07-1998ity of River FROM: MEMORANDUM Item #4.2. The Mayor and City Council Stephen Wensman, Planner ~¢ DATE: December 7, 1998 SUBJECT: Request by Doug Ringold for a Conditional Use Permit, Public Hearing Case No. CU 98-27 Request Please consider a request by the applicant for a conditional use permit to operate a radio control race car track (commercial recreation) and a hobby shop (retail shop) as an accessory use in the I-1 zone. Presently, Commercial recreation is not permitted in the I1 zoning district. This application for a conditional use permit is dependent on approval of Ordinance Amendment OA 98-6. Location 15536-15546 Cleveland Street. General Description: NW ¼ ,NE ¼ of Section 24, Township 32, East of Cleveland St. and southwest of U.S. Highway 10. Zoning~Land Use I-1 (Light Industrial) / LI (Light Industrial) Attachments · Location/zoning map · Site plan · I-1 Light Industrial Zoning · Applicant's letter · Race photos Overview. The applicant is proposing a retail hobby shop and a radio control race car track on a light industrial site. The shop, indoor track, and storage as 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to City Council]CU 9827cc December 7, 1998 Page 2 proposed will utilize an existing pole barn on the site. An outdoor track is proposed for the concrete slab where a pole barn structure previously burned down. The remaining two paved areas are proposed as parking. Other proposed possible uses for the site in addition to the commercial recreation and retail include: · Indoor storage of shingles, boat/RV, equipment Indoor outdoor storage/distribution of shingles · Expanded office space Used car sales Outdoor Use According to the Elk River Zoning Ordinance definition, commercial recreation is defined as both an indoor and outdoor use. The definition is as follows: COMMERCIAL RECREATION: A building, structure or open space designed, constructed and operated by private enterprise for recreational purposes and open to the general public. The facility must meet the minimum lot size of the zoning district. Such facilities may include bowling alleys, tennis courts and other leisure uses. The Council, as a condition of approval, could limit the commercial recreation to indoor use only. Zoning Ordinance With Ordinance Amendment OA 98-6, commercial recreation is permitted as a conditional use with retail shops as an accessory use. Of the other possible uses proposed for the site; office and warehouses are permitted, the outdoor storage is a conditional use in the I1 zone if it is accessory to the principle use, and the used auto sales are not permitted. Site Access Cleveland Street is a gravel Road from Highway 10 with an uncontrolled intersection. The primary entrance is newly paved and shared with Furniture And Things. A secondary gravel entrance drive with a gate across it, adjacent the west property line, has served as the primary truck access to the loading docks. Both entrances to the site should be improved with pavement and appropriate striping and the gate removed. \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cu9827cc.doc Memo to City Council]CU 9827cc December 7, 1998 Page 3 Parking Lot Two parking lots exist on the site. One adjacent Furniture And Things and the paved entrance. This lot is paved and in fair condition with no striping. The applicant is considering using it for a used car lot which is not permitted in the I1 zone. The second parking lot is old bituminous and gravel with poor drainage and no striping. This lot is accessed from the paved entrance with a sloped driveway and by the secondary gravel entrance that services the loading dock. The parking lots will need to be paved, striped and accommodate handicap accessible stalls. The parking requirement for commercial recreation is one stall per four expected patrons. The lots appear adequate in size, however the applicant has not provided staff with expected numbers of guests or what other uses the building will have. Landscaping and Site Improvements The site has a few trees, unmowed grass, a failing retaining wall with erosion, no irrigation, and undefined parking lot. A site plan with landscaping and parking lot improvements should be submitted as a condition of approval. As part of the site improvements, the retaining wall should be rebuilt in a manner to minimize erosion. A buffer along Cleveland and on the west property should be provided to protect the adjacent residential district. The dumpster presently located on pavement between the pole barn and the Furniture and Things building should be contained within the building or screened within an enclosure. Signa~e The applicant has not indicated his intentions regarding the location and size of signs. Any new signs will require a sign permit and city staff review. Building Issues The proposed mix of uses under one roof may present some building issues. The use will be required to conform all applicable building and fire codes. \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cu9827cc.doc Memo to City CounciYCU 9827cc December 7, 1998 Page 4 Engineering The City Engineer reviewed the application and did not offer any comments. The City Engineer will be in attendance for the public hearing to answer any questions. Septic The site is outside of the urban service district and has a septic tank which will be pumped regularly. Wild and Scenic River The site is outside the Wild and Scenic River District and is not subject to DNR restrictions. Planning Commission At the November 24, 1998, public hearing, the applicant discussed his intentions and answered questions. No one else from the public spoke on this matter. The Commission recommended approval of the conditional use permit with the following conditions: 1. That the uses of the building and any modifications conform with all building and fire codes. 2. That screening be provided from Cleveland Street and the adjacent residential zone as directed by planning staff. 3. That the site be landscaped as directed by planning staff. 4. That the parking areas be resurfaced and striped as per Elk River zoning ordinance. 5. That the eastern most parking lot entrance be paved. 6. That the site be illuminated according to the Elk River zoning ordinance. 7. That new signs conform to the Elk River sign ordinance and required sign permit. At the public hearing, there was no discussion regarding limiting, noise, lighting or hours of outdoor recreation. Staff believes they merit the Councils attention and the additional conditions: \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cu9827cc.d°c Memo to City Council/CU 9827cc December 7, 1998 Page 5 1. That the outside recreation use be limited to the hours between 9AM to 9PM. 2. That the any outdoor sound system conform to the noise nuisance ordinance (Section 500.12) Recommendation Staff and the Planning Commission recommend that the City Council recommend approval of a conditional use permit to operate a radio control race car track (commercial recreation) and a hobby shop (retail shop) as an accessory use in the I-1 zone with the following conditions: 1. THAT THE USES OF THE BUILDING AND ANY MODIFICATIONS CONFORM WITH ALL BUILDING AND FIRE CODES. 2. THAT SCREENING BE PROVIDED FROM CLEVELAND STREET AND THE ADJACENT RESIDENTIAL ZONE AS DIRECTED BY PLANNING STAFF. 3. THAT THE SITE BE LANDSCAPED AS DIRECTED BY PLANNING STAFF. 4. THAT THE PARKING AREAS BE RESURFACED AND STRIPED AS PER ELK RIVER ZONING ORDINANCE. o THAT THE EASTERN MOST ENTRANCE BE PAVED THAT THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER ZONING ORDINANCE. THAT NEW SIGNAGE CONFORM TO THE ELK RIVER SIGN ORDINANCE AND REQUIRED SIGN PERMIT. THAT THE OUTSIDE RECREATION USE BE LIMITED TO THE HOURS BETWEEN 9AM TO 9PM. THAT THE ANY OUTDOOR SOUND SYSTEM CONFORM TO THE NOISE NUISANCE ORDINANCE (SECTION 500.12) \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cu9827cc.doc i BOTH I I Imm m m Ii 1~5T~ 1 ~,4TH 162ND I~IST 16011-1 159TH 15813'1 1571'H 155TH 154,'T1-I 15433-1 i152,~D t 152.ND ~o~~~,~ LOCATION ~i~ ~, :. MAP Ell/'~R]ver o~ ~.~ 13065 Orono Parkway. P.O. Box 490 CAS E: cu 98-27 Elk River, MN 55330 N INDOOR 'TRACK .60,X6'5,' FURNATURE AND THINGS ...$89o CbLD ~ STORAGE ' PIT AREA Parking PARKING Outdoor Track Size 70'x 100' SITE PLAN I1 (LIGHT INDUSTRIAL ZONING) 14. I-1 Light Industrial STATEMENT OF PURPOSE: This District shall serve as a transition between more industrial uses and residential and other business uses. This District is.appropriate for manufacturing, warehousing, and similar industrial uses because of access to warehousing, thoroughfares, the full complement of urDan services such as sewer and water, and distance from residential districts. These areas are intended to encourage the development of industrial uses which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants. These industries should be compatible with each other and with surrounding land uses. A. Permitted Uses i. Offices 9.35 ii. Warehouses iii. Research/design facilities iv. Wholesale businesses v. Medical, dental, optical labs vi. Light manufacturing Accessor~ Uses Conditional Uses i. Outdoor storage area accessory to principal use ii. Single family residential dwelling units accessory to principal uses, provided: (1) That the nature of the principal use of the property makes it necessary or highly desirable from both the property owners and the City's perspective to have a twenty-four (24) hour a day caretaker or security person reside on the property. (2) That the proposed dwelling unit is designed for and will be used exclusively by caretakers or security personnel responsible for the security of the property and the principal use thereof (3) That the proposed building unit will be occupied by no more than two persons, one of whom must be an irm~ediate family member (husband, wife, father, mother, or child) or the owners of the principal use of the property and neither of whom may be under eighteen (18) years of age. (4) That there will be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use. (5) That the proposed dwelling unit not exceed eight hundred (800) square feet in size and be located within a building serving the principal use of the property which is no less khan ten thousand (10,000) square feet in size. (6) That the principal use of the property is not of such a nature that it would be dangerous or hazardous to residents of the proposed dwelling unit. 9.36 (7) That the proposed dwelling unit meets all other requirements of the City Code and Uniform Building Code for occupancy as a dwelling unit by a single family. The City Council may, if it finds it necessary to do so for the protection of the health, safety and welfare of persons who may occupy the proposed dwelling unit, impose additional reasonable requirements or conditions on the construction and use of the dwelling unit. (8) That the conditional use allowing such a doweling unit in an industrial zone is deemed to be unique to the principal use of the property and the ownership of the property and the principal use. Any conditional use permits granted under this Section shall therefore automatically expire if the principal use of the property or the principal use of the property changes. iii. Recycling processing center iv. Bottling and distribution v. Mini-storage vi. Water/sewage treatment vii. Auto repair shop viii. Grain and feed elevators ix. Multiple principal structures on one lot x. Sexually oriented land uses xi. Temporary structures xii. Govern~nent buildings and facilities xiii. Broadcasting studios and facilities xiv. Truck and implement sales xv. Commercial kennels (indoor) DTR Inc. 1808 Main Street Elk River ~R~ 55330 612-441-0805 Fax 612-241-9277 Subject: Amendment of light industrial code to include commercial recreation as a conditional use. The reason for my request to amend the code is to be able to utilize a building on the west parcel of land described. As for advantages to my company and I know that changing code for one person is not the issue here but it is the reason for my request, I would be able to do several very positive things with the area to 1. create approx 10 jobs the first year and several additional jobs as the company grows. 2. to create a entertainment for the youth of Elk River, 3. To put a successful business in a building that has a history of failed business. My plans include 2 definite and several possible. The first plan includes building an indoor radio controlled race track in the north heated bay of the building, and a small hobbie shop to support the track with replacement parts and racing equipment. My motivation is simple for this and that is that I have personally been involved with the hobbie of RC racing for 14 years and have watch literally 100's of kids grow up while racing and I can not recall a single one going bad, they develop a lot of positive skills while racing that include mechanical skills, eye hand coordination, team building, emotional discipline, to list a few. To give you an example since it was first found out that a indoor track would be possible I have had over 60 people calling offering volunteer labor to do what ever it takes to get the track built. This has come from racers, parents of racers, people from every age group from 10 years old to 61. This I think is a testomony to the type of people that are involved in this and also the type of character the hobbie as a whole has helped form. This is not my primary business, I own DTR Inc. which is a very successful roofing company who has been growing rapidly using local labor staff, and has grown 6 fold this year without any advertising other than an add in the local paper, the rest is due to word of mouth, which is one of the other purposes of the building to locate our corporate offices in the existing office space in the bulling. This will include myself, 2 support staff, 3 sales people, and we will be also be adding 2 coordinators and more sales staff in the spring, we are presently a company of approx 80 people including subcontractors and plan to double that next year. As for the south end of the building (cold storage) we have several possibilities. 1. Start buying our shingles, and supplies in bulk and storing them, this plan would possibly evolve into becoming a shingle distribution company. 2. Subleasing the cold Storage out to a local ccntractor who needs a place to store his equipment. 3. Insulate and sheetrock a 100' area of the back to build a larger track area, and using the rest again for cold storage. 4. Rent out the back for boat and rv storage which is what our plan is for this year. 5. Expanding office space in that direction to accommodate our growing business. As for the outside area I have illustrated on the plot map where I would like to build an outdoor RC track, the remainder of the area would be parking !ct. We have no plans for any outdoor storage at this time, the possibility of cutdoor storage is there in the future if we were to develop the shingle distribution and we would take the appropriate measures that the city recommends at that time. I have also been approached by my father who is in the used car business and asked me if he would be able to use the upper parking lot for a small car lot which is a permitted use and is a possibility depending on our parking needs and is a secondary use that is being considered. We also have plans to red6 the landscaping in several areas to improve the look of the building, we are a company that believes in a professional appearance. This is a basic outline to what we are considering with the building. I have taken the time to review the areas in Elk River that are zoned 11 and cannot myself see that the amending of the code to include commercial recreation as a condition use as detrimental to these areas given the fact that all plans would have to be subject to review by the city on a case by case basis. As for the area that we are considering, I have spoken directly to the neighboring businesses and have gotten a very positive response, the building that we are considering is 50 feet away from another retail type establishment, all of our plans with the exception of the RC business fit the description of what that area is zoned for. The RC cars are quiet, they run on electric motors and the majority of the racing will be conducted inside, there is ample parking available, the back of the lot is adjacent to farm land that is zoned residential and again given the fact that this is a quiet hobble and one people usually enjoy watching I don't again see a problem if in the future the land behind was developed, I use the example of fun city located in Otsego wh%'ch is directly located next to residential with no problems. I have spoken with and know personnally the ownners of Fun City and they have offered there support in developing the Hobble and race track. Thank__vou for considering~ request Doug Ri~g61d ~ VP CFO DTR Inc. ROAR STOCK NATION~,.S MAINS ACTION Like the ROAR Modified Nationals, the Stock Nationals use the triple A- Main format. At this level, this for- mat can be interest- Top: the track crew makes a few last- minute adjustments before Qualifying resumes. Right: Eric Pasta readies his Double-X before going on to win the 2WD Stock class. Righ~ spectators cheer on the racer,&, Below:. the b-ack. Notice the giant straightaway on the left; speeds In excess of 2.5mph were P" e,, ~ '>' R~er and ~ne Hubba~ watch ~e action ~" ~~~ in ~e ~ck Stock clas.. This well.groomed parking lot looks as if it was MADE for touring cars. The well.marked layout pro- vides ample space for the racers to wind their way around to the finish line while they battle for first! Excerpt of Minutes Planning Commission Minutes D~J~ November 24, 1998 Page 10 6.10. Request by Dou.q Rin.qold for Ordinance Amendment Reqarding Commercial Recreational Use, Public Hearinq Case No. OA 98-6 Staff report by Steve Wensman. Doug Ringold has requested an ordinance amendment to allow commercial recreation as a conditional use with a retail sales as an accessory use for unplatted property in the I1 (Light Industrial) zoning district. Chair Mesich opened the public hearing. Doug Ringold, applicant, stated that there currently is no place to race remote control cars due to the closure of a track in the Twin Cities. Mr. Ringold explained his plans for the site which include office space for his roofing business, indoor remote control race car track, small hobby shop to support the track business, and indoor storage space. There being no further comments from the public, Chair Mesich closed the public hearing. Commissioner Kuester asked what other recreational uses would be allowed. Scott Harlicker indicated that bowling alleys, go-cart race tracks, and other similar uses would be allowed. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 98- , AN ORDINANCE AMENDING SECTION 900.10(14) OF THE CITY'S ZONING ORDINANCE REGARDING PERMrrrED AND ACCESSORY USES IN THE I1 (LIGHT INDUSTRIAL) ZONING DISTRICT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.11. Request by Dou.q Ringold for Conditional Use Permit, Public Hearin.q Case No. CU 98-27 Staff report by Steve Wensman. Doug Ringold has requested a conditional use permit to operate a radio control race car track and a hobby shop as an accessory use in the I-1 zone. Steve noted that the ordinance amendment will affect only unplatted property zoned I-1. Chair Mesich opened the public hearing. There being no comments from the public, Chair Mesich closed the public hearing. Steve indicated that he felt the site issues could be addressed by staff. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY DOUG RINGOLD FOR A CONDITIONAL USE PERMIT TO OPERATE A READIO CONTROL RACE CAR TRACK AND HOBBY SHOP, PUBLIC HEARING CASE NO. CU 98-27, WITH THE FOLLOWING CONDITIONS: 1. THAT THE USES OF THE BUILDING AND ANY MODIFICATIONS CONFORM WITH ALL BUILDING AND FIRE CODES. 2. THAT SCREENING BE PROVIDED FROM CLEVELAND STREET AND THE ADJACENT RESIDENTIAL ZONE AS DIRECTED BY PLANNING STAFF.