7.3. SR 07-18-2016
Request for Action
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public HearingJuly 18, 2016Chris Leeseberg, Senior Planner
Item Description Reviewed by
ERX Tech Shops, 21591 US Highway 169 Zack Carlton, Planning Manager
Conditional Use Permit for Active Use
Reviewed by
Storage
Cal Portner, City Administrator
Action Requested
Approve, by motion, a Conditional Use Permit to ERX Tech Shops, Case No. 16-18 with the following
conditions:
1.The authorized 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 use shall fully comply with all other requirements of the City 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.
4.The applicant must apply for and receive approval for all required permits before any
construction may begin.
5.46 striped parking stalls shall be provided.
6.An approved site plan showing 42-proof of parking stalls shall be provided to the city.
7.The level of noise from the building shall not exceed city ordinance levels.
8.No car, truck, trailer, snowmobile, ATV, or other motor vehicle parts may be stored on site.
9.There shall be no outdoor storage.
10.Used oil, general waste, tires, or other materials must be disposed of in accordance with the city
ordinance.
11.B612 concrete curb and gutter shall be installed per the phasing plan. All curbing and gutter shall
be completed with the final structure.
Background/Discussion
The property is zoned Extreme Commercial Recreation (XCR) where Active Use Storage requires a
Conditional Use Permit (CUP).
The applicant is seeking a CUP to construct power shops. The proposed project will be a series of
buildings to store and maintain recreation vehicles (snowmobiles) by participants/private individuals who
will lease the shop space from the applicant.
Analysis
Comprehensive Plan
The property currently has a land use designation of Highway Business. 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 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 Gravel Mining Area Land Use, Transportation, and Utility Plan identifies the subject property as
Highway Business and Low Density Residential.
The proposed use is consistent with the Comprehensive Plan.
Parking
According to the submitted site plan, there are 46-proposed parking stalls. Parking requirements are not
specifically called out for power shops. The closest category staff can find is for automobile repair service
stations, which requires one parking space for each 300 square feet of floor area. This would require 160
parking stalls for the four proposed structures. Staff believes this is too high of a number based on the
use and would recommend one parking stall per power shop be provided as well as showing proof of
parking for an additional parking stall per power shop. The applicant indicated that 44 power shops will
eventually be available on the subject site. Staff is recommending that 44 parking stalls be provided
initially and 44 proof of parking stalls shall be shown on the subject site.
Section 30-901(a) states all driving areas and parking areas shall be bounded by B612 concrete curb and
gutter. During a separate CUP application by the applicant on the adjoining property, the City Council
waived the requirement to install concrete curb and gutter citing the track use is not permanent and that
there will be large equipment and vehicles in and out of the property that could easily damage the curb
and gutter. The current proposal will be a permanent use, with standard vehicles and trailers utilizing the
power shops, and staff recommends B612 concrete curb and gutter as required by ordinance. The
applicant will install the curb and gutter in phases.
Utilities
Primary and secondary septic sites have been identified on the property. The subject property is not
located in the Urban Service District. Although the current project does not require city services, some
of the proposed permitted and conditional uses in the XCR district will require city services and this will
have to be addressed in the future.
Transportation/Circulation
The Fire Department indicated that future access could be a concern according to the submitted site plan.
At the time this staff report was drafted, staff had not received comments from MnDOT as it relates to
the proposed changes in usage of the access point to this site.
Landscaping
Per ordinance, 62 trees are required for the subject property. The total number of required new trees may
be offset by the retention of existing trees on the lot, provided that such trees satisfy the requirements of
this section as to size and species. Existing trees between four inches in diameter and less than eight
inches in diameter will receive credit for one tree. Existing trees eight inches or greater in diameter will
receive credit for two trees. Staff visited the site and credit for 62 trees can apply to satisfying the
landscaping requirements with existing trees.
Environmental
See the attached memo, dated June 14, 2016, from the Environmental Technician as it pertains to
wetland delineation lines and storage of parts, waste, and other materials.
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 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. Will be consistent with the comprehensive plan.
The use will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The property to the north and east are owned by the applicant and the property to the south is a
commercial auto repair facility. Highway 169 is west of the subject property. The use will not
impede the normal and orderly development and improvement of surrounding vacant property.
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 systems, parks and schools; and will not, in
particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The use 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
systems, parks and schools; and will not, in particular, create traffic congestion or interference with
traffic on adjacent and neighboring public thoroughfares.
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 traffic, 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. The property is zoned for extreme commercial
recreation.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Although some trees will be removed, 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 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.
Planning Commission meeting summary
The Planning Commission wanted to know if the comments in the Environmental Memo dated June 14,
2016, had been addressed. Staff indicated the wetland and easement information will be updated, which
it has.
The applicant spoke to item #3 from the memo. He indicated that only small amounts of oil will be on
site and each tenant uses a container to haul it away. He also stated there will not be car parts, general
waste, tires and/or other maintenance materials generated on site. A dumpster will be provided for the
tenants.
The applicant asked if the concrete curb and gutter could be installed in phases as each additional power
shop is built. The commission had no issue with that request. Staff informed the commission that this
approach has been allowed in the past, sometimes without issues but other times, when the land is not
developed, it has become a maintenance issue. Mostly the deterioration on of the edge of bituminous
paving that does not have the curb and gutter. The paving proposed with this project is Class 5.
No one spoke for or against the request and staff has not received any comments since the commission
meeting. The applicant has no issues with the recommended conditions.
With an approval of this CUP, the future power shop buildings, unless substantially different than
approved, will be reviewed administratively by staff and will not require public hearings.
The commission unanimously recommended approval of the request.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99 the required 60-day review period ends on July 30, 2016.
Attachments
Location Map
Applicants Narrative
Site Plans
Architectural Plans/Elevations
Environmental Memo dated June 14, 2016
Ift
ERX Power Shops — Project Narrative
May 31, 2016
Description / Scope of Project:
• The proposed project, ERX Power Shops Building #1, is a building to store and maintain
recreation vehicles (snowmobiles) by private individuals who will lease the garage space from
the applicant. This project is classified as active use storage.
• The project is proposed to provide a place to store vehicles (snowmobiles and trailers) nearby to
the ERX Motor Park, so that race participants can maintain and store vehicles during events and
year-round, capturing revenues otherwise lost to other facilities.
Compatibility:
• The proposed building is located on property immediately adjacent to the ERX Motor Park, an
all -season recreational vehicle facility. The site is immediately adjacent to US HWY 169, offering
easy access for vehicles with trailers without impacting other streets or roadways. The building
is designed with garage spaces large enough to contain multiple vehicles and trailers, ensuring
no activity or parking takes place outside the building. Outdoor lighting will be night/sky
compliant and windows are minimal, ensuring no lighting trespass off the site.
Hours of Operation:
• The building is accessible 24hrs a day, 7 days a week, 365 days a year through secure access.
Comment about noise ordinance? Acoustics?
Number of Employees:
• Zero (0) full time employees. The project will add jobs to the community through race teams
hiring of local mechanics, purchase of parts from local businesses and lodging in the area.
Number of Parking Stalls, existing and additional:
The ERX Power Shops Building #1 Project is a garage with ten suites comprised of internal
parking areas 25 feet x 40 feet. Vehicle parking (cars, trucks, etc.) will be located in the areas
around the shops.
Site Screening:
• No screening is proposed for the ERX Power Shops Building #1.
Proposed Building Materials:
• The project is compliant with the architectural standards as set forth by the zoning classification
for XCR (extreme commercial recreation). Exterior building finish consists of prefinished metal
panels with a ribbed surface in two colors. Primary color is light gray. Secondary accent color is
red. Overhead door color is white. The roof is comprised prefinished metal panels, gray in
color.
Signage:
• Wall signs will note exceed 15% of total wall area, meeting the requirements of the zoning code
for the XCR district. Signage design is pending.
Outdoor Storage:
• There will not be outdoor storage at the ERX Power Shops Building #1.
Additional Buildings:
• The site plan is configured to facilitate future construction of three additional buildings of the
same type and use as the ERX Power Shops Building #1. Each building is proposed to be a
maximum of 12,000 square feet.
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To: Planning Department
Memorandum
From: Kristin Mroz, Environmental Technician
Date: 6-14-16
Subject: Site Plan Review Meeting — June 6, 2016
The department listed above has reviewed the application(s) listed below and has the following
comments:
1. Case # P 16-08, CU 16-18 — ERX Tech Shops/Aggregate Commercial 4`h Plat
1. The wetland needs to show the delineated wetland line (label if just not labeled) —
delineation report attached.
2. The wetland on the east side should show the 25 ft. buffer as shown but also include a
45 ft. Drainage and Utility Easement around the wetland delineation.
3. Will there be a location for car parts, used motor oil, general waste, tires and/or other
auto maintenance materials? How will users be expected to dispose of those materials?
If they are able to leave materials on site, where will they be stored and how will they be
disposed of?