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7.2B. SR 04-18-2016 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.2.B Agenda Section Meeting Date Prepared by Public Hearin s Aril 18, 2016 Chris Leeseber , Senior Planner Item Description Reviewed by Rick Haugland—21475 Hwy 169 NW, Conditional Zack Carlton,Planning Manager Use Permit for auto body repair facility Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion, the Conditional Use Permit (CUP) with the following conditions: 1. The CUP shall not be recorded until all applicable conditions have been completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. 4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of required building and sign permits before construction may begin. 5. The building shall meet all building and fire codes. 6. The building shall be inspected by the city's Building Official and Fire Marshal to verify compliance with all building and fire codes. 7. All septic systems must provide a certificate of compliance or notice of noncompliance, for the existing septic system, and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 8. The outdoor parking area shall be completely enclosed with a six foot tall privacy fence. Chain link fencing with vinyl slats are not permitted. 9. All operations must occur within the 2,407 square foot building. There shall be no repair or maintenance of vehicles outside of the building. 10. All comments in the Environmental Memo dated 3-11-16 shall be considered. 11. All comments in the Engineering Division memo dated March 15, 2016 shall be addressed. 12. All comments in the Minnesota Department of Transportation District 3 memo dated March 15, 2016, shall be addressed. 13. Car, truck, RV, and marine sales shall not be allowed. Background/Discussion Case No. CU 16-09 The property is currently zoned Commercial Reserve Transition (CRT). The applicant requests a zone change to rezone the property to Highway Commercial (C3) where auto body repair requires a Conditional Use Permit (CUP). The City Council reviewed that application (ZC 16-01) prior to this item. Single-family residential is a permitted use in the CRT district but is not allowed in the C3 district. The applicant is seeking approval to operate an auto body repair business out of a 2,407 square foot facility (building) located at 21475 Highway 169. There is another structure on site that is approximately POWERED 6T AR 1,500 square feet that will be utilized as office and storage space. The applicant has been operating the proposed business on the adjoining property since 1998 and staff is unaware of any concerns,issues, or complaints with the use on the subject property. Analysis Comprehensive Plan The Gravel Mining Area Land Use,Transportation,and Utility Plan guide the properties for Highway Business uses where commercial uses are allowed and encouraged. The proposed use is consistent with the comprehensive plan. Transportation/Circulation Access to the site is off of Highway 169 in the northwest corner of the site. A portion of the driveway crosses over the neighboring property to the north. Staff recommends that a cross access easement be obtained. The driveway is located with the setback requirements but does not require a variance as it is an existing driveway. A gravel access road was added from south to north across the entire property within the last two years. This includes the newly graded proposed vehicle storage area east of the building. The resulting runoff from this new impervious surface (gravel is defined as impervious per MPCA guidelines) must be treated. The MnDOT reviewed the application and provided comments on piping, curb and gutter,hydraulics, turn lanes, and permits. Their comments are outlined in the attached memo dated March 15, 2016. Parking The parking requirements for the proposed use are one stall for every 300 square feet of area. The building is 2,407 square feet in size,requiring eight (8) stalls. The submitted plans show seven (7) parking stalls on the existing pavement. Five of these parking stalls are located on the apron of the west side of the building. These stalls are directly in front of the two garage doors located in the west elevation of the building and could create conflict with the use of the building. An area of proposed vehicle storage/employee parking located southeast of the building can be considered proof of parking. This area is new impervious surfacing and must be treated. Staff is recommending the area be screened. Utilities The subject site has two active septic tanks and two active drainfields. Both systems will need to provide certificates of compliance. Grading/Drainage All areas of impervious surface must be treated. The applicant shall submit calculations and designs of stormwater Best Management Practices (BMP's) that meet this. Landscaping The auto repair operation will occur in the building on the north end of the property where dense trees surround it on three sides. There is no screening of the building/parking from the property to the north, which is part of the ERX properties. The applicant is not proposing additional landscaping. N:APublic Bodies\Agenda Packets\04-18-2016\Final\x7.2b sr.docx Given the secluded nature and future use of the property to the north, staff does not see a need for further landscaping for screening purposes. Oak and Ash trees should not be cut between April 1 and August 1 to prevent the spread of diseases. If trees must be removed during this time, they must be treated appropriately. Applicable Regulation CUP (delete this title) The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. 1Vill not endanger, injure or detrimentally affect the use and enjoyment of otberpropegy in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral nvr fare of the neighborhood or the city. It will not as the property is surrounded by Extreme Commercial Recreation, Commercial Reserve Transition,Medium Industrial, and Mineral Excavation Overlay. Most of the surrounding property is zoned for some form of commercial use. 2. 1Vill be consistent Pith the comprehensive plan. The proposal is consistent with the comprehensive plan. 3. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty. Given the scale of the existing use,it will not impede the normal and orderly development and improvement of surrounding vacant property. 4. 1Vill be served adequately by and Pill not adversely affect essential public facilities and services including streets,police and fire protection, drainage, refuse disposal, Pater and sen)er systems,parks and schools;and Pill not, in particular, create traf c congestion or interference Pith traf c on adjacent and neighboring public thoroughfares. Once compliance is verified for the septic systems,it will meet this requirement. 5. 1Vill not involve uses, activities,processes, materials, equ pment and conditions of operation that Pill be detrimental to any persons orproperty because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. All activities will take place within the building, so there likely will not be any detrimental concerns. 6. 1Vill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. It will not result in the destruction,loss or damage of a natural, scenic or historic feature of major importance. 7. LVill fully comply Pith all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpeimit to establish and operate the proposed use in the city. Fully compliant with all other requirements of this code,including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur,it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. N:APublic Bodies\Agenda Packets\04-18-2016\Final\x7.2b sr.docx Planning Commission After staff presented the application,no one spoke for or against the request,nor have comments regarding the application been received. The Planning Commission briefly discussed the parking on the concrete apron but had no concerns with the layout. The Commission unanimously recommended approval of the request. Since the meeting, the applicant did indicate to staff that the gravel access road has been there, they just cleared the vegetation. Financial Impact None Attachments ■ Location Map ■ Applicants Narrative ■ Site Plan ■ Aerials ■ Environmental Memo dated March 11, 2016 ■ Engineering Division memo dated March 15, 2016 ■ Minnesota Department of Transportation District 3 memo dated March 15, 2016 N:APublic Bodies\Agenda Packets\04-18-2016\Final\x7.2b sr.docx r 1 1 Pee, 0 y O rLn 0 r r • N Q r - � ro O ri r T CN • r r� r 14 ' • V MNx(Cat 4 CC .---r kn S x DATE RECEIVED Oliver Surveying & Engineering, Inc. Land Surveying •Civil Engineering-Land Planning MEMORANDUM Date: March 10, 2016 Applicant: Ric Haugland Address: 21475 Highway 169 Elk River, MN 55330 Description/Scope of Project The project consists of obtaining a conditional use pen-nit and rezone the parcel to C-3 from CRT for the purpose of being able to operate an automobile, truck, rv, marine repair service shop in an accessory building. The operation focus is on repairs to metal and fiberglass panels, painting and light/occasional mechanical work. The project does not change existing drainage patterns. The owner/applicant is proposing some improvernents to occur in the future. They are as follows:. • Widen driveway entrance/culvert extension at Highway 169. This improvement will facilitate turning movement for entering the site (shown on plan sheet). • Concrete curb and gutter along the existing bituminous driveway (shown on plan sheet). This improvement is a requirement as set forth in the City review. The applicant is requesting relief from this requirement or implementing this improvement on an approved schedule. It is the applicants desire to keep the area as residential in appearance as possible. The hours of operation are: • 8:00—5:00 PM Monday-Friday • 9:00—3:00 PM Saturday • And by appointments Number of employees: • Presently, owner Ric Haugland. • Future, up to four additional as work load develops. Number of parking stalls: • Existing, up to seven shown on attached plan on existing pavement, all unstriped. • Additional spaces available in the newly graded parking area for employee parking, customer storage/pickup area. This area will be a class 5 aggregate surface with no special stripping. • A total of eight stalls are available in accordance with ordinance guidelines at one stall per 300 square feet of floor space. The accessory building is shown at 2,407 square feet. The project site is screened with mature trees and vegetation. No additional landscaping is proposed. The accessory building, where the shop operation occurs, is a recently built metal sided building. 580 Dodge Ave. Elk River, MN 55330 • 763.441.2072 • fac. 763.441.566.5 •www.Oliver-se.com Page 2 March 10, 2016 Memorandum No signage onsite. No additional signage is proposed. The applicant is not proposing outdoor storage except for the proposed storage area/parking area. This area is screened by existing buildings, mature trees and vegetation. No additional screening is proposed. 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M y i l`A l __ City of Memorandum Elly River TO: Planning Department From: Kristin Mroz, Environmental Date: 3-11-16 Subject: Site Plan Review Meeting—March 7,2016 The department listed above has reviewed the application(s) listed below and has the following comments: Case # ZC 16-01, CU 16-09 —Rick Haugland 1. Avoid cutting Oak Trees April 1 —July 1 to prevent the spread of Oak Wilt. 2. Avoid cutting Ash Trees May 1-August 1 to prevent the spread of Emerald Ash Borer. 3. If trees must be removed during this time, they must be treated appropriately. City EIE) Memorandum .�_ River To: Planning Department From: Justin Femrite, City Engineer Date: March 15, 2016 Subject: Site Plan Review Meeting—March 7, 2016 The department listed above has reviewed the application(s) listed below and has the following comments: Case #ZC 16-01, CU 16-09 —Rick Haugland 1. A gravel access road has been added from south to north across the entire property within the last two years. This includes the newly graded proposed vehicle storage area east of the pole building. The resulting runoff from this new impervious surface (gravel is defined as impervious per MPCA guidelines) must be treated.Applicant to submit calculations and design of stormwater BMP's that meet this. 2. Cross access agreement should be put in place if applicant desires to continue sharing of driveway with property to the north. 3. Plan details a Bio-roll but none are shown to be used on the site plan. 4. Was there building permits pulled for the building pole modifications and additions that were completed between 2008 and 2014? (addition on south, addition on east, north garage door increased in height, the previously open southeast corner now enclosed and finished) DoOXANESO,q Minnesota Department of Transportation a District 3 Q� 7694 Industrial Park Road Office Phone: 218-828-5700 tir OF TO Baxter, MN 56425 Fax: 218-828-5814 f March 15,2016 Mr. Chris Leeseberg City of Elk River Planning 13065 Orono Parkway Elk River,MN 55330 RE: C.S. 7106;R.P. (U.S. 169) Haugland Conditional Use Permit(CUP) Site Plan Sherburne County,Minnesota Dear Mr. Leeseberg: The Minnesota Department of Transportation(MnDOT)has reviewed the above-referenced site plan and would like to offer the following comments/recommendations: 1. The site plan shows the applicant adding ten feet of pipe in MnDOT right of way. MnDOT will need to determine and inform the applicant on how much pipe is necessary prior to installation. Additionally,the current apron might not meet the new requirement,which calls for a safety apron. This may also be an opportunity to realign the driveway entrance to a 90 degree angle with U.S. Highway 169 to improve a possible site restriction. i 2. The curb and gutter will not be allowed to extend into State right of way. i 3. MnDOT will review the hydraulics of the area to ensure the applicant is not bringing more water into our drainage system, either in volume or defined directional capacity. i 4. At this time,the in-place right-turn lane will not have to be extended. However, if traffic volumes increase for the business or if traffic issues arise in the future, safety improvements deemed necessary by MnDOT's District 3 Traffic Engineer will need to be constructed at no cost to the State. 5. A permit is required to perform any work in the right of way. Contact mark Renn,District 3 Permits Supervisor, at 320/223-6522 for additional information. i If you have any further questions or comments,please call me at 218/828-5780. I Sincerely, Jon Mason Senior Planner min cc: MnDOT District 3 Entrance Group(electronic) An Equal Opportunity Employer ldr%L AML q pP Y Ar-'%IL AM EL NAM% AVAIL