7.2. SR 06-20-2016City of
Elk az
—
River
Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public Hearinj
20, 2016
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Conditional Use Permit for Auto Sales — Xcel
Properties/Buzick, 580 Dodge Street
Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit with the following conditions:
1. The Conditional Use Permit shall not be recorded until all conditions have been completed.
2. The authorized use shall not begin until the Conditional Use Permit is recorded.
3. The applicant must apply for and receive approval for all required permits before any
construction may begin.
4. The city's Building Official and Fire Marshal shall inspect the building for compliance with all
state and local building codes.
5. Auto repairs shall not be allowed.
6. Two (2) concrete curb and gutter parking lot islands shall be installed as shown on the Parking
Exhibit.
7. City -required parking stalls shall be striped in accordance with City Ordinance, Section 30-892.
8. No vehicle displays shall be allowed in the parking lot just west of the subject building as shown
on the Parking Exhibit.
9. All vehicle display shall occur in the parking lot north of the subject building as shown on the
Parking Exhibit.
10. The vehicle display area does not need to be striped, as shown on the Parking Exhibit.
11. The number of dealers shall be limited to nine (9).
12. No more than 41 "for sale" vehicles may be displayed outside on the subject property.
Background/Discussion
Case No. CU 16-12
The property is zoned PUD where car, truck, RV, and marine sales require a Conditional Use Permit
(CUP). Auto repair shops are listed as a use not allowed in the PUD agreement. The applicant is seeking
a CUP to operate an incubator -type facility for small business used car dealer offices. The applicant has
requested to provide 11-13 offices for storage of records and sales of automobiles. The dealers are
usually there one day a week for 4 hours, which is the minimum requirement by the state.
Analysis
Comprehensive Plan
The Highway Business land use ranges from moderate to high intensity forms of commercial
development in Elk River. Businesses in this category may be the largest both in terms of size and traffic
generation while also providing services and convenience types of business. Market orientation tends to
P a w E R E U 6 Y
NaA f RE]
be regional in nature. Development orientation tends to be toward regional highways. Examples of
Highway Business uses include discount retailers, grocery, restaurants, automotive sales and service,
general merchandise, and professional services.
The proposed use is consistent with the Comprehensive Plan.
Parking
The building is 7,464 square feet in size with the applicant utilizing 4,704 square feet of the overall space.
The remaining 2,760 square feet will be used by a surveying company.
The city ordinance states: Auto sales, trailer sales, marine and boat sales, implement sales, garden supply store, or
building materials sales: one parking space for each 500 square feet of floor area. Open sales or rental lots sball also provide
one parking space for each 5,000 square feet of land avbicb is to be used for sales and display area. It also states: Office
building: one parking space for each 300 square feet of floor area.
The floor area of the subject auto sales business is 4,704 square feet requiring 9 parking stalls. The sale
and rental lot area is 8,841 square feet requiring 2 stalls. The existing surveying company occupies 2,760
square feet requiring 9 stalls. The city parking requirements to operate these two businesses is 20 parking
stalls.
The state requires display area for a minimum of 5 vehicles per dealer. The applicant is proposing 11
dealers which would result in an additional 55 vehicle display stalls on site. The city code requires parking
stalls to be nine (9) feet wide. This would be required for the 20 business parking stalls. Staff is
comfortable allowing the stall width for the vehicle display stalls to be reduced to seven (7) feet wide.
There is approximately 288 linear feet of outdoor vehicle display space. There is also room in the garage
for four display spaces. This will only allow nine dealers to operate under the current conditions.
Staff recommends the parking lot area for the 20 business parking stalls be striped to city requirements.
The vehicle display space does not need to be striped.
Circulation
The subject property can be accessed from Dodge Avenue at two locations. The application would like
to close the southernmost access to the site to provide more parking. Staff wants to maintain this access
to allow easier traffic flow to customers and emergency vehicles that may need to access the area.
To better identify parking areas and drive lanes, staff is recommending two concrete curb and gutter
islands be installed, as shown on the parking exhibit.
Grading/Drainage
No modifications to the site are proposed.
Landscaping
No additional landscaping is proposed.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
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 orgeneral welfare of the neighborhood or the city.
The commercial use is an area zoned for commercial activities. The proposed use 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.
2. bill be consistent witb the comprebensive plan.
The use is consistent with the Comprehensive Plan as automotive sales uses include in Highway
Business land use.
3. i,Vill not impede the normal and orderly development and improvement of surrounding vacantproperty.
There is no vacant property in the surrounding area to be impeded.
4. 1Vill 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 systems, parks and scbooly; and
will not, in particular, create traffic congestion or interference witb traffic on adjacent and neighboring public
thorougbfares.
The property is adequately served by these essential public facilities.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive trafc, noise, smoke, fumes, glare, odors, dust or
vibrations.
The use 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. 1Vill not result in the destruction, loss or damage of a natural, scenic or bistoric 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 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 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.
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 X15.99 the required 60 -day review period ends on June 11, 2016.
Planning Commission meeting summary
The majority of the discussion the Planning Commission had was with the number of parking/display
stalls and auto repair.
An adjacent property owner voiced his concerns, stating:
■ Auto repair, which is not allowed in this PUD, would disrupt the adjacent townhomes,
■ Signage (which is not on the subject property) has not been addressed,
■ What impact would be on his parking lot, just west of the subject property display lot, if more
dealers were allowed than the applicants parking lot could hold,
■ He further questioned how anyone would be able to exit/enter a car in stalls that are only seven
feet wide.
He asked the Planning Commission to evaluate the proposal at its full potential (or "worst case"
scenario), not at what the applicant says the current conditions are.
The applicant does not agree with staff s parking numbers and questioned why the concrete islands need
to be so wide. Staff reviewed the parking numbers. The Planning Commission agreed with staffs
numbers. Staff indicated they showed the islands on the parking exhibit as a standard stall width but
could work with the applicant to maybe reduce the size of them.
Another individual spoke regarding the need for proper hazardous waste collection devices/ structures
and that the repair shop should meet the MPCA regulations for hazardous waste.
The Planning Commission agreed with the parking numbers staff presented and that the number of
dealers should be limited to nine. They also did not want to get into defining what "auto repair" meant.
If it was the desire to have auto repairs in this PUD, they suggested an amendment to the PUD
agreement.
The Planning Commission unanimously recommended approval of the request.
Attachments
■ Location Map
■ Applicants Narrative
■ Site Plan
■ Building Plan
■ Parking Exhibit
■ Parking Numbers Exhibit
■ Environmental Memo dated May 4, 2016
■ Police Department Memo dated May 2, 2016
■ Applicant Submitted Site Plan
Used Car Sales
Conditional Use Permit
Incubator for small business
We are interested in purchasing 580 Dodge Ave NW Building and lot to add to our
already successful business plans implemented in Ramsey, Andover, Ham Lake,
Forest Lake, Rockford and St Croix Beach,MN. We intend to provide small business
Used Car Dealer Offices and one Shop to meet the current demand.
At the current facilities in Ramsey we have 20 Dealers, in Forest Lake we have 14
Dealers, and in Andover we have 9 Dealers. We wish to locate in Elk River to provide
a proximity to Dealers that live in the area. Basically we provide the office for
storage of records and sales, up to 5 car stalls, and proper zoning. The dealers need
to get the State required $50,000 bond and insurance. The Dealers are also required
by State to have a minimum of one year lease.
The Dealers we have use only minimal parking stalls. On average probably 2 or 3
per Dealer even though State requires 5. The Dealers are usually there one day a
week for 4 hours. That is the minimum required by the State.
We are proposing to provide 11-13 Dealer Offices and one repair shop and two
regular offices. The current owner will be occupying 2700 sq ft and has signed on
for two year lease. The other current tenant will also stay. if they should chose to
leave later we would make other two offices for Dealers that's why 13 is referenced.
Under the current configuration we have 69 parking stalls. The two office tenants
need 8, the Dealers need 55 for a total of 63. We thus have a surplus for customer
parking of 6. Keep in mind most of our Dealers only use 2 or 3 therefore we will
probably actually have 20 extra vacant stalls. Also if we vacate south access we will
have additional two stalls for total of 71. Not property is served by 3 access
driveways and streets.
Sincerely,
Xcel Properties LLC
John Buzick, Manager
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Parking Numbers Exhibit
City re uiremets s ft
ordinace
stalls
Vehicle Display
Space
Car dealer office 4704
500
9.4
Linear ft Stall width
# of Stalls
Lot area 8841
5000
1.8
153 7
21.9
Survey office 2760
300
9.2
135 7
19.3
20
Available Stalls
41
Dealers Allowed
8
Dealers
Stalls
State requirements 11
5
55
Total required stalls 75
To: Planning Department
From: Kristin Mroz, Environmental
Date: 5-4-16
Memorandum
Subject: Site Plan Review Meeting — May 2, 2016
The department listed above has reviewed the application(s) listed below and has the following
comments:
Case # CU 16-12 — Xcel Properties
1. Any required hazardous waste license from the MPCA for the repair shop must be obtained.
To: Planning Department
Memorandum
From: Sgt. David Dummer, Elk River P.D.
Date: May 2 d, 2016
Subject: Site Plan Review Meeting — May 2, 2016
The department listed above has reviewed the application(s) listed below and has the following
comments:
Case # CU 16-12 — Xcel Properties CUP
1. Would suggest that they keep the parking access on the South end of lot open to allow
easier traffic flow to customers and emergency vehicles that may need to access that area.
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Conditional Use Per unit Case Pilo: CU 16- 12 River
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Background
■ Zoned — PUD
■ Vehicle Sales — CUP
■ 11 -13 dealers proposed
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Parking
■ Office Lot 20
■ Vehicle Display Lot 41
■ Shop 4
■ Total 45
■ Divide by 5 = 9 Dealers
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CUP Requirements
■ Staff's analysis of the application shows compliance with
all seven of the conditions required for approval of the
CUP.
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Planning Commission
■ Public Hearing
■ No auto repair — not allowed in PUD
■ Evaluate at full potential
■ Impact on his lot?
■ 7' stalls?
■ MP CA
■ Applicant disagrees with parking #'s
■ PC - Unanimously recommended approval
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Action Requested
■ Approve, by motion, the CUP with the conditions
outlined in the memo.
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Conditional Use Per unit Case Pilo: CU 16- 12 River
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Parking Numbers Exhibit
C1",F re uiremets s tt ordinace stalls
Car dealer office 4704 500 9.4
Lot area 8541 ( (_)0 1 .
Survev office 2760 �:00 9.2
20
Dealers t a I I S
State rec uirernents 11 5 5
Total required stalls 75
Vehicle Dispbiv Space
Li near ft Stall widtll ## of Stalls
153-1 7 21 . 9
1 3"' 5 7 19 .
shop Sp,,,ices 4
Available Stills 45
Dealers allowed 9
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CONFERENCE
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Background
■ Zoned — PUD
■ Vehicle Sales — CUP
■ 11 -13 dealers proposed
■ 1 day a week for 4 hours — min required
■ State requires 5 parking stalls per dealer
■ 62 stalls — adjusted widths
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Comp Plan
■ Highway Business
■ Moderate to high intensity forms of commercial
development
■ Consistent with Comp Plan
C
Parking
■ Staff is recommending
■ Striping of one parking area (office)
■ Other parking area (display only)
■ Two curb and gutter islands
■ Define drive lanes and parking areas
C
Parking
■ Applicant stated the office/shop space can be included
in the state required numbers
■ Staff estimates that four vehicles can be placed there
■ It is the understanding that this space is proposed for
office, display space, and minor auto repairs
■ PUD does not allow auto repair shops
C
Parking
■ Applicant — some of the 20 parking space should be
counted as state requirement
■ Staff — 20 is for the office (customer,/employee) , the
other is for display
C
Parking
■ Office Lot 20
■ Vehicle Display Lot 41
■ Shop 4
■ Total 45
■ Divide by 5 = 9 Dealers
C
CUP Requirements
■ Staff's analysis of the application shows compliance with
all seven of the conditions required for approval of the
CUP.
C
Action Requested
■ Recommend, by motion, approval of the CUP with the
conditions outlined in the memo
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City Council Meeting
■ If acted on, this item will go to the:
Monday - June 20, 2016
City Council Meeting