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7.2. SR 05-15-2017Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings May 15, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit for Vehicle Sales, MJ Micek Zack Carlton, Planning Manager Transport, 522 Dodge Avenue Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit (CUP) with the following conditions: 1. The authorized use shall not begin until all conditions are completed and the CUP is recorded. 2. The city building official and fire marshal shall inspect the building for compliance with all state and local building codes. 3. If the proposed work described in the application and CUP is substantially completed within two years after the CUP’s date of issuance, the permit shall expire and become void. 4. If the authorized use ceases for more than six months, the CUP shall expire. 5. The applicant must apply for and receive approval for all required permits before any 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 property. 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 CUP. The applicant is seeking a CUP to operate a 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 Comprehensive Plan The use is consistent with the Comprehensive Plan, which guides the property as Highway Business. The Highway Business land use ranges from moderate to high intensity forms of commercial development. 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 Business land use follows 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 on each street. The applicant is not proposing additional access points or alterations to the two existing access th points. The site circulation was setup in the past with ingress/egress on 5 Street and egress only on Dodge Avenue. The city will likely be required to purchase additional right-of-way from the southwest corner of the th subject property to better align the corner of Dodge Avenue and 5 Street as part of the cul-de-sac on Line Ave. See the exhibit titled Draft Road Alignment. Utilities The subject property is connected to city services. Grading/Drainage No site grading is proposed. The amount of impervious surface will not be increased with the project. Landscaping No landscaping is proposed. By ordinance, a CUP will fully comply with all other requirements of this code (30-654 a 7). In situations where the landscaping for an existing building does not meet the requirements, the 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 than three plus the perimeter 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 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 CUP will be operated in an existing facility in a fully developed area. 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 is consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding 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 property. The applicant owns most of the adjacent 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 N:\\Public Bodies\\Agenda Packets\\05-15-2017\\Final\\x7.2 sr Micek Transport.docx 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. Online car sales 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. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. No site work is proposed. 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 Justin Micek introduced himself and explained they sell “tow vehicles” similar to what you see behind campers. He stated there will not be a large amount of inventory on site as they receive vehicles and in turn get them delivered quickly. Gary Santwire questioned if vehicles would be parked on the grass areas and wanted to make sure drainage was considered. The applicant stated they will not be parking on the grass and staff informed the Planning Commission that it would not be allowed. Staff also informed Mr. Santwire and the commission that any site work would be reviewed for drainage. The applicant has no issues with the recommended conditions. The Planning 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 May 22, 2017. Attachments  Location Map  Applicant’s Narrative  Draft Road Alignment Exhibit N:\\Public Bodies\\Agenda Packets\\05-15-2017\\Final\\x7.2 sr Micek Transport.docx d 2017 Land Use Application Form MJ MICEK TRANPORT INC. 522 Dodge Ave. Elk River MN 55330 Property ID number: 75-547-0100 Legal description: Sec.34 TWP33.ORG26 W lot 2 Blk 1 acres 1.08 Auburn Commons 2 Addition. Owners Michael and Kathy Micek 763-208-5464 To Whom It May Concern: MJ MICEK TRANPORT INC. transports new and used trucks all over the country. We supply the drivers. However, MJ MICEK TRANPORT INC. does not own any trucks. MJ MICEK TRANPORT INC. is a transportation company that purchases cars to pull behind trucks. When we update cars we would like to be able to sale used vehicles from the 522 Dodge Ave. location. We will be using the sign that is already on site. Hours of service: 8-4 Monday -Friday. We have 5 full time employes. Thank you, Mike Micek S ower." w - _ < Jl: ;o �\ ��W�U& Conditional Use Permit Mj MicekTransport �-W� ver APLcransport Conditional Use Pern-n't 5-043"-0620k A PRIVATF Aw t=533-0115 33_01 -533M 20 LAO W -A A tp 75-533- OlaG A , 4 ElLk*�. Case No: CU 1-10 bier - Background ■ Sell "tow vehicles" — one dealer ■ C3 - Car, truck, RV, & marine sales & services require a CUP ■ No site or building work Comp Plan Highway Business Moderate to high intensity forms of commercial development Consistent with the comprehensive plan Transportation ■ Access points on both 5th St and Dodge Ave ■ No proposed changes x5'435=07.1 7-463 0 '1' 57 %6�r _ - x ..% 75=547-0110 4 101 !w AV 75=647- 105 IF' Grading/Drainage/Landscaping ■ No site work or building work ■ No landscaping proposed ■Future grading will be reviewed CUP Requirements ■ Staff and PC's analysis of the application shows compliance with all seven (7) of the conditions required for approval of the CUP. Planning Commission ■ Adjacent property owner ■ Parking ■ Drainage ■ Applicant has no issues with conditions ■ PC unanimously recommended approval Action Requested ■ Approve, by motion, the CUP with conditions outlined in the memo x5'435=07.1 7-463 0 '1' 57 %6�r _ - x ..% 75=547-0110 4 101 !w AV 75=647- 105 IF' LEI u YPN q r � r RADIYS 7E0• -; _ RAaUS aoo• SPEC — 20 MPH SPEED !d' 4' •r , `�'�-l`,aS a ��: ' '' - -.. - ��%' •- �j t. r� 4 ` 3 le 1.CG¢ND .PT MAP ODSTIK PROPERTY LINES onsI HOkon Anderson — PRDPosaO RICHT or WAY DRAFT 3/31/17 Eiiver .Ee ns e lane Sur•ro�+ LV CUL-DESAC LOCATION scoa aR an 7E­'­A­.. uin n•,a,a 55505 PROPOSED ROADWAY 761-an-Se60 fAx >SS -•27-0520 FOR EVALUATK)N PURPOSES :PARATED WALK IN RURAL SECTION I PROPOSED OANCWAY OR SIDEWAUC LINE AVENUE REALIGNMENT 0 .«.nasansan-ana.r+on.co+n PROPOSED ACCESS CLOSURE X CITY OF ELK RIVER, MINNESOTA roar rm cRw.