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5.2 PCSR 04-25-2017Request for Action ToItem Number Planning Commission5.2 Agenda Section Meeting DatePrepared by Public HearingsApril 25, 2017Chris Leeseberg, Senior Planner Item Description Reviewed by MJ Micek Transport 522 Dodge Avenue NWZack Carlton, Planning Manager Conditional Use Permit for Vehicle Sales, Case Reviewed by No. CU 17-10 Action Requested Recommend, by motion, approval of the Conditional Use Permitwiththe following conditions: 1.The authorized use shallnot begin until all conditions have been completedand theConditional Use Permit is recorded. 2.The citys Building Official and Fire Marshal shall inspect the state and local building codes. 3.If the proposed work described in the application and Conditiona substantially completed within two years after the Conditional U permit shall expire and become void. 4.If the authorized use ceases for more than six months, the Conditional 5.The applicant must apply for and receive approval for all requir construction may begin. 6.The number of dealers shall be limited to one (1). 7.No more than 5 vehicles may be displayed for sale on the subject pro 8.Auto repairs shall not be allowed. Background/Discussion Case No. CU 17-10 The property is zoned C-3 (Highway Commercial)where car, truck, RV, and marine sales and services require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate vehicle sales business, for one dealer,in the existing 2,100 square foot building located at 522 Dodge Avenue. No building or site work is planned. Analysis ComprehensivePlan The use is consistent with the comprehensive plan, which guides Highway Business land use ranges from moderate to high intensity 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. the Highway 169 and Highway 10 corridors. Transportation/ Circulation th The site is located on the north east corner of 5 Street and Dodge Avenue with access points locate on each street.The applicant is not proposing additional access points or alter th access points. The site circulation was setup in the past with s/egress on 5Street and egress only on Dodge Avenue. The city will likely be requesting the purchase of additional right-of-way from the southwest corner of the th subject property to better align the corner of Dodge and 5 Street in the near future.See the exhibit titled Draft Road Alignment. Utilities The subject property is connected to city services. Grading/ Drainage No site grading is being proposed. The amount of impervious surface will not be increased with the proposed project. Landscaping No landscaping is proposed. By ordinance, a CUP will fully comply with all other requirement code (30-654 a 7). In situations where the landscaping for an existing building doe requirements, the City Council has historically reduced the requirement in scale with the proposed development. The property has a perimeter of approximately 1,063 feet. Section 30-934 of the city code states the number of trees on the lot, tract, or parcel shall not be less tperimeter of the described area as measured in feet divided by 40. This would result in 27 trees being required. The subject property contains approximately 30 trees. 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 en vicinity or the public health, safety, morals, comfort, convenience or generood or the city. The CUP will be operated in an existing facility in a fully deveThe use will not endanger, injure or detrimentally affect the use and enjoyment of other pr public health, safety, morals, comfort, convenience or general welfare of the neighborhood or t 2. Will be consistent with the comprehensive plan. The use is consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvsurrounding vacant property. As the proposed use is located in a fully developed area, the use will not impede the normal and orderly development and improvement of surrounding vacant proper the adjacent property. N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-10 MJ Micek Transport\4-Planning Commission\5.2 sr CU 17-10_4- 25-17.docx 4. Will be served adequately by and will not adversely affect essential pstreets, police and fire protection, drainage, refuse disposal, water and sewer will not, in particular, create traffic congestion or interference with traffic on adjacent and neighbor thoroughfares. The use will be served adequately by and will not adversely affe including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congest and neighboring public thoroughfares. 5.Will not involve uses, activities, processes, materials, equipment and conditions of operation that will bedetrimental to any persons or property because of excessive traffic, noise, smovibrations. Online car sales will not involve uses, activities, processes, mt and conditions of operation that will be detrimental to any persons or property be smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural,eature of major importance. No site work is being proposed. The use will not result in the scenic or historic feature of major importance. 7. Will fully comply with all other requirements of this Code, inclany applicable requirements and standards for the issuance of a license or permit to establish and operate the pro The use will fully comply with all other requirements of this Co requirements and standards for the issuance of a license or permit to establish and operate proposed use in the city. If denial of such a permit should occur, it shall accompany reco 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 May 22, 2017. Council Meeting If acted on, this item will go to the May 17, 2017, City Council meeting. Attachments Location Map Applicants Narrative Draft Road Alignment Exhibit N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-10 MJ Micek Transport\4-Planning Commission\5.2 sr CU 17-10_4- 25-17.docx