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4.3 PCSR 05-24-2016 E1k ci f .�., Request for Action River To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings May 24,2016 Zack Carlton,Planning Manager Item Description Reviewed by Lindeman/KL Tunes— 16820 U.S. Highway 10 Chris Leeseberg, Senior Planner • Conditional Use Permit for light auto repair, Reviewed by Case No. CU 16-14 Action Requested Recommend,by motion,approval of the Conditional Use Permit (CUP) with the following conditions: 1. The Conditional Use Permit shall not be recorded until conditions two and three have been satisfied,and the use will not be considered a legal operation until the CUP has been recorded. 2. The city's Building Official and Fire Marshal shall inspect the leased space for compliance with all state and local building codes. 3. Submit documentation for the issuance of all required MPCA hazardous waste licenses,or written documentation that the licenses are not needed. 4. Hours of operation shall be limited to 10 a.m. to 6 p.m. Monday through Friday, 9 a.m. to 6 p.m. Saturdays,and closed on Sundays. 5. The 24 hour emergency service operation shall be limited to the drop-off and parking of vehicles only. 6. No vehicles receiving service or tuning shall be parked outside overnight. 7. The garage door on the south side of the leased space shall be closed at all times,except for the moving of vehicles into or out of the building. 8. All vehicle repairs must occur within the building. Background/Discussion The property is zoned Highway Commercial (C-3)where auto repair requires a Conditional Use Permit (CUP). The applicant is proposing to operate the auto repair facility in a leased space at 16820 Highway 10.They describe their operation as an automotive tuning,light mechanical repair,and 24 hour emergency service shop.Their primary operation involves the tuning of vehicles which requires light repairs as a secondary operation. The only employees of the business are the two owners. The proposed hours of operation are 10 a.m. to 9 p.m. Monday through Friday, 9 a.m. to 9 p.m. Saturdays, and Sundays by appointment only.They also operate as a 24 hour emergency service location. Staff proposes modifying the hours of operation to close at 6 p.m. Monday through Friday,4 p.m. on Saturdays, and closed on Sundays,reflecting other auto repair facilities within the city,including the HiTech Motorsports operation in the west half of the building. Staff would also like to clarify that the 24 hour emergency service operations shall only include vehicle drop-offs. No repair or tuning work may. occur outside of the approved hours of operation. P O I T E R E I 1 1 NATURE Analysis Comprehensive Plan The property is located within the Focused Area Study (FAST) District which guides the property for service/commercial uses.The study identified limited changes for this area and notes that the area is well situated for smaller, service related commercial uses that can benefit from the highway visibility. The proposed use is consistent with the Comprehensive Plan. Transportation/ Circulation The property is accessed from the right-of-way east of the building which straddles the property lines of this facility and the car dealership to the north. There is also a right-in/right-out access to HWY 10 northeast of the building. Grading/ Drainage Impervious surface on the site is not proposed to change and is not subject to our updated stormwater ordinances. No grading has been proposed. Parking The proposed operation requires eight parking spaces per ordinance section 30-903. Parking available to the leased area includes 10 stalls in front of the building, four spaces on the south side of the building, and up to eight spaces inside of the building. The parking stalls in front of the building are stripped. Signs The applicant is not proposing signage at this time.Any future signage will need to follow zoning district standards, and receive a building permit. Applicable Regulation The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The property abuts two residential properties to the west. With the proposed changes to the hours of operation and the condition to keep shop doors closed will working on vehicles, staff does not believe the proposed use will detrimentally affect the use of surrounding properties. 2. Will be consistent with the comprehensive plan. The proposed use is consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding properties are developed,and the proposed use will not impact future improvements to the properties. 4. Will be 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 ystems,parks and schools;and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\CUP\CU 16-14 KL Tunes\CU 16-14 PC Staff Report KL Tunes.docx The property is adequately served by essential public services,utilizes a septic system and a well for water/sewer, and will not adversely affect public services or facilities. 5. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental to any persons or propero because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. The operation includes the tuning of vehicles,which will require them to be tested while running from time to time. This operation may cause excessive noise,which staff has attempted to address with the conditions to keep shop doors closed and prohibiting the tuning of vehicles outside of the building.Additionally, the operation must apply for and receive all required hazardous waste licenses from MPCA to ensure compliance with this condition. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The use will not result in the destruction,loss or damage of a natural, scenic,or historic feature of major importance. 7. Will fully comply 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. The use and site fully comply with all other requirements of the city code. 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. Financial Impact None Statutory Review Period Per State Statute 15.99 the required 60 day review period ends on June 21, 2016. Council Meeting If acted on, this item will go to the June 20,2016,City Council meeting. Attachments • Location Map • Applicants Narrative • • Building Floor Plans • Site Plans \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\CUP\CU 16-14 KL Tunes\CU 16-14 PC Staff Report KL Tunes.docx Narrative for KLTunes o Detailed description/scope for KLTunes KLTunes is an automotive tuning, light mechanical repair and 24 hour emergency service shop. This consists of computer tuning vehicles to gain horsepower,better fuel mileage and diagnosing problems with vehicles.Also other services performed are computer flashing of the PCM in vehicles to allow them to run more efficiently. The light repair side would be any issues that arise while doing any upgrades to the client's car. o ,Hours of Operation o Hours of operation will be from l Dam to 9pm Monday through Friday and Saturday gam to 9pm. We will be open on Sunday by appointment only. ■ We are also a 24 emergency service location. What that entails could be that when there are issues with any of the client's vehicles we would meet them or by a tow truck here for the drop off of their vehicle. o Hours of Operation for dyno use will be from Sam to 6pm Monday through Friday and 1 Oam to 4pm on Saturday for any and all use of the dyno located within HiTech Motorsport. We will be following HiTech's dyno schedule. o Number of Employees o There are no employees. Only Kyle Lindeman and Nicholle Lindeman—Owners of KLTunes. o Number of Parking Stalls,existing and additional o KLTunes will have 10 parking spots in front of the building(of the 10 there is one handicap),there are 4 additional parking spaces on the side of the building. We will have up to 8 additional spaces in the garage portion of the shop. o Signage o At this time we will not be having a sign put up. After speaking with Mr. Carlton, we may,at a later date,apply for a sign permit and place one on the existing board that is connected to our particular suite.