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7.4. SR 06-20-2016City of Elk az — River Request for Action To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearinj 20, 2016 Zack Carlton, Planning Manager Item Description Reviewed by Conditional Use Permit for Auto Repair — Lindeman/KL Tunes,16820 U.S. Highway 10 Chris Leeseberg, Senior Planner 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 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 4 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 repairs, 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, servicing, or tuning must occur inside of the building. 9. The site must be kept in a neat and orderly manner at all times. Trash, car parts, and other debris may not be left outside at any time. Background/Discussion Case No. CU 16-14 The property is zoned Highway Commercial (C-3) where auto repair requires a 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 P a w E R E U 6 Y NaA f RE] 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. 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 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 (within road right-of-way), 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 striped. 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: 7. mill 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 orgeneral 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 while working on vehicles, staff does not believe the proposed use will detrimentally affect the use of surrounding properties. 2. mill be consistent with the comprehensive plan. The proposed use is consistent with the comprehensive plan. 3. mill 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. Hill 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 server ystems, parks and schoolr; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 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. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traflic, 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. iVill 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. mill fully co*ywitb 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. Planning Commission During the public hearing, two residents expressed concerns regarding the hours of operation, noise, headlight glare, and operations. They requested the hours of operation be amended to follow the hours outlined for the HiTech Motorsport operation, and noted if the conditions outlined in the staff report are adhered to, they are accepting of the application. The Planning Commission discussed the hours of operation and recommended that they follow those of the existing auto repair and tuning facility in the building. The closing time on Saturdays was amended to be 6 p.m. to 4 p.m., reflecting other auto repair facilities in the city as well. The Commission did not have any other concerns and unanimously recommended approval. Financial Impact None Statutory Review Period Per State Statute X15.99 the required 60 day review period ends on June 21, 2016. Attachments ■ Location Map ■ Applicants Narrative ■ Building Floor Plans ■ Site Plans At i IK -L Tunes/ Lindeman Conditional Use Permit Narrative for KLTunes o Detailed description/scope for KLTunes KLTunes is an automotive tuning, light mechanical repair and 24 hoar 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 loam to Spm Monday through Friday and Saturday gam to Spm. 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 bpm Monday through Friday and 10am 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 Nichoile 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. Z v c g pC Whin IM m j N QZ m F m CC ¢a = a �> rcu�5"� w NJ z am¢a¢Qa �y Q Q Z CC o0 W Y LL $- $ IY g $ 3 > w S o w pn 1p wGs � r z w i Q Ggy4b J �� a IV �O Ov p" O O pp O IY g > w S o w 1p g � r z w i h o J . 31 .ain 6.5 a -. 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M 7- 29.4 k am, 6203 EXISTING BUILDING HI—TECH MOTORSPORTS 22.378 S4 Ft S 4/ 7=891 77 U .-T 2 r PROPOSED BITUMINOUS tlairt DRIVEWAY 48.4 si sk. -,V-) W11- esae loll L VVVC -,,I,r -- ---- Opp t.2 �5a- Ell An. 4 � chxa or Ira re T EW.Q W�d ic CSGCSGse"to of ke Win VA.f—th of hw `J�.R&M DOS71MG TREES AS RECAARED FOR - — n 1-3 CONSTRUCTI� OF 10 FT. & • WIDE bITILMNOUS DRIVEWA'41-' C Y Hours of operation ■ Amend hours for consistency with HiTech Motorsports and other auto repair shops within the city ■ 10am to bpm - Monday to Friday ■ 9am to 4pm — Saturday ■ Closed on Sundays C CUP Approval Findings ■ Seven findings required for approval of CUP ■ Conditions # 1 , and #5 of concern ■ No concern with remaining 5 C CUP Condition # 1 ■ LVill not endanger, injure or detrimentaly affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. ■ The property abuts two residential properties to the west. With changes to the hours of operation, the condition to keep shop doors closed will working on vehicles, and requiring all repair and tuning work to take place inside, staff does not believe the proposed use will detrimentally affect the use of surrounding properties. C 'Fl CUP Condition #5 ■ Vill not inpolpe uses; activities, processes; materials, equipment and conditions of operation that will be detfimental to any persons or property because of excessive traffic, nolse, smoke,jumesglare, 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 NIPCA to ensure compliance with this condition. C fks. Planning Commission ■ Two residents spoke during the public hearing. Both expressed concerns that the conditions would not be followed. One resident stated headlights from vehicles driving along the side of the building is a problem, but if amended hours of operation are followed it would likely be ok. ■ The PC amended the hours of operation, and unanimously recommended approval. 1 s •s ,� • .,its Operational Concerns ■ Since the PC meeting staff has been contacted a number of times regarding current KI, Tunes operations. ■ Concerns include keeping trash behind the building, headlight glare, moving vehicles in the early morning, and parking. ■ The conditions of approval will address many of these, and staff recommends amending condition 5 to require all vehicles drop offs to be in front of the building. _ 1 _ f Ar _mak: Ii f - `oll pw 4 q-s C fks. Action Requested ■ Approve the CUP with the conditions outlined in the memo with an amendment to condition number 5. ■ 5. The 24-hour emergency service operation shall be limited to the drop-off and parking of vehicles only, and must occur on the east end of the building. w t r , a t a A P� r C Y fks, Comprehensive Plan ■ Guided for service/commercial uses per the FAST study. 1 s µs u � � 4 H i! , 1 F r � 5 C Y fks.: Signs ■ Not proposing signage at this time.