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5.3 PCSR 05-23-1995 rk,/ ITEM NO. 5.3 ( MEMORANDUM Oity of Elk • River TO: Planning Commission FROM: Steven B. Ach, City Planner..lf.d— DATE: May 23, 1995 SUBJECT: Conditional Use Permit Request By Elk River Auto Mall, LLC, Public Hearing Case No. CU 95-06 REQUEST Elk River Auto Mall, LLC is requesting a conditional use permit to allow Kennedy Transmission to operate a 3,519 square foot auto repair facility. LOCATION • North of Main Street, west of Carson Street, and immediately south of the new ABRA Auto Body. ZONING/LAND USE C3 (Highway Commercial)/HB (Highway Business). ATTACHMENTS • Location map • Zoning map • Development plans. BACKGROUND Last year the Planning Commission reviewed development plans for the proposed Auto Mall and approved a plan which consisted of Tires Plus, J.R. Tech Automotive, and ABRA Auto Body. In addition, the plans that were approved also included a second freestanding building of approximately 5,200 square feet, for retail purposes. As it will be discussed later in the report, one of the primary issues associated with this proposed • development was the availability of parking. Attached to this report for the Planning Commission's information, is a list of conditions that were approved by the City Council on August 1, 1994 for the original conditional use permit. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Planning Commission Page 2 May 23, 1995 • OVERVIEW The plans that were originally approved last year are not changing substantially. However, Kennedy Transmission's proposed use of approximately 3,500 square feet was not included in the original conditional use permit, and therefore is required to obtain a new conditional use permit to operate an auto repair facility. The proposed tenant for the building (Kennedy Transmission) will require some slight modifications to the original building plans by including the required number of overhead doors for the business. The applicant has also indicated the balance of the building, approximately 2,100 square feet, will be used by a chiropractor's office. ANALYSIS As mentioned above, a majority of the exterior improvements such as landscaping and parking, have been approved and will be installed in accordance to the previously approved plans. In continuation of the screening that has been installed behind the existing automotive repair, businesses will continue to the south and provide a similar screen on the west side of the proposed building. With the screening issue being resolved on the west side of the building, the only outstanding concerns relate to the 1111 specific businesses operation, and once again parking. As far as the specific businesses operation, similar conditions that were attached to the original automotive repair businesses should probably be included on this application. These will be highlighted in staff's recommendation. PARKING Based on the proposed uses in the development, the number of parking stalls provided throughout the site meets the City's current zoning requirements. As the Planning Commission may recall, parking was a concern with the original plans for this commercial development. Staff has been monitoring the parking situation at the existing three auto repair businesses. Staff originally presented two concerns to the Planning Commission and City Council regarding the parking issue. 1. An inadequate total number of available stalls based on the intended use. 2. The location of stalls in relation to the businesses and their convenience for use by customers. Although the businesses have not been operating for a great length of time, a general observation is that the north end of the site (where Tires Plus and J.R. Tech are • located) is receiving the greatest amount of parking demands. The concern for convenient parking in close proximity to those businesses, may in fact be an eventual problem. Immediately south of ABRA Auto Body, there are eighteen stalls that s:planning:pc:cu95-06 Memo to Planning Commission Page 3 May 23, 1995 • apparently do not get much use because they are so far away from the businesses. Although there is an adequate number of parking stalls, their convenience for customers is questionable, and therefore the businesses may have to practice better management of having their employees park in those less convenient stalls and leave the remaining stalls available for customers. The distribution or availability of the parking stalls for the second freestanding building appears to be less of a concern. The parking is equally distributed around three sides of the building, providing ample opportunity for customers. Although there is a loss of approximately nine stalls as a result of installing four overhead doors, the intensity of the use from retail to automotive repair allows for that reduction. Overall, with the reduced square footage of the second freestanding building and less intense use, it appears that parking will be less of a concern on the south end of the site than the north end where the existing businesses are not operating. In summarizing the parking issue, staff is still slightly concerned with available parking, even though the development meets city ordinances. I would encourage the Planning Commission to visit the site and assess the situation for yourselves. And while you are out visiting the site, imagine that this project originally included another 5,000 square feet of building. Clearly, the Planning Commission and City • Council made the right decision to work with the developer in reducing this project's density. LANDSCAPING As mentioned earlier, the perimeter landscaping has already been approved as part of the previous plans. Those plans did include a row of pine trees and some overstories along the west property line to provide an adequate buffer between this commercial development and the Guardian Angels facility, immediately to the west. With the proposed auto repair facility orienting its overhead doors towards Highway 169, and there being no access drives or activity occurring on the west side of the building (facing Guardian Angels), the approved landscape plan should be adequate to provide a necessary buffer. BUSINESS OPERATION As part of the conditional use permit for the three existing auto repair facilities, several operational conditions were attached. Staff believes those same conditions should be attached to Kennedy Transmission to provide consistency with the Auto Malls operation and maintain the concerns addressed as part of the original review process. These specific conditions are outlined in staff recommendation. • s:planning:pc:cu95-06 Memo to Planning Commission Page 4 May 23, 1995 • RECOMMENDATION It is recommended the Planning Commission recommend approval of the conditional use permit request by Elk River Auto Mall to construct a 5,612 square foot building, of which 3,519 square feet will be attributed to an auto repair facility with the following conditions: 1. All exterior improvements be done in accordance with the approved development plans approved and dated 11/19/94. 2. All wall signage be consistent with the building immediately to the north. 3. No outdoor storage of merchandise or automobile parts be allowed. 4. Hours of operation be consistent with the three existing auto service businesses and be as follows: Monday through Friday, 7:30 a.m. - 6:30 p.m.; Saturday, 7:30 a.m. - 6:00 p.m.; Sunday, 10:00 a.m. - 5:00 p.m. 6. No signage be allowed on the west elevation of the building. • 7. Trash enclosures be provided, which are large enough to contain all refuse collection, recyclable items and miscellaneous auto parts. 8. No overhead doors be allowed on the west side of the building. All overhead doors must face Highway 169. 9. No damaged or wrecked automobiles be stored outside overnight. Undamaged vehicles may be parked outside at a maximum period not to exceed 48 hours. • s:planning:p c:cu95-06 • ill a 1 .. , „, .. , - ,,,,....- , ''),.. *r•E it =lir/s7, $1. Pliri titat04 a, low ell it • ,,,,,, ? prto © -•T \•\ WSEE MOTH •R • .FA/APP4e,;S; II MIIIIENIM E. �r f..116.?, 1-.4 a+x • --, .„ i 044. wilitt; ., OZ : ST. . _ h PJ 1II Zw�� \\4 . r.,i , • ; z mi i ' 'T'd IM„ . PL., . PLAZA �S 4. g m!, -pwn iia 2• . LOCATION wed - 1�0 71r4raird ' - s 41d v -7:X �A P 4 . Ir a] ?•°. LA • seam SIM ,� -re i . Ilik dip . ....7. _ _ b 4 7900777:14:Q '-e'o I ; OFT =, H0. 1stOlN � . q £ - \ .:.:. vill I, op Aft//1111' Ll ®�� 1 v I I JAiN 1 I I I 1%1 ST. 5° P.";,117"- '/AokcWT �/ �� 3111 eh .,,, \ 411 MI MN . g - V = KEW vEsWyoN�� 111116„. 7 \, mow ._ ..., :._. 1 1111 9 ) 1 ' \\ t LOCATION MAP ._ • J ( -;\:3-f,..; . 7,s. City of ,� a CASE CU95-6 River FdkRiver O. Box 490 • 13065 Orono Parkway • Elk River, MN 55310 • (612) 441-74'70 ii . . . . - s . . ,-.--,,,,,,---_,,,. • . ......_ 4PU \ , ra.L`• .yC jM- 'ISC • __ 4 MN= Ric -- 4,:„: - ;�. L I / •' r.eLrti AM C !\R2b .- C,•_r-`T'``r�1'.� '::. I „ S ! ` ^+ LK 2t1•�, ". - —tee ms nA/i �, t =_ e• �.a ` 0 �i r...-3 �, i.: .a I \r o 0 ,..grin t. aF w. .1F ^Lir ~_^ c^. J L ` I i1M y as[R 4 Iii I • j ........:...........:.:: - -.�_ „....___,.. , . , ,,... LOCATION .... .. ......,... ...... ..... .. ..,, ,, II rrr ft ... .•.• • „.„,,,,,,,...\\„5 .,...4., $1 :-.- i R2b I _ <0 10 b rt :) ``.. PUD I. )( i : xf �a I . ))\\,..'. . . A 78TH R1c • • r-r 1:1:.3:1::.:::::::.: . _ _____ ...__ 177TH .::..•,:::::::::.. p, , 176TH 2j fti: ,/, -, 1 ,., • ,.. _ 1 • C 175TH ?``'• . ,,� __ n_ ZONING MAP Fboaul.in El Teo T,,,u Famiy R.ala•nttel 1-51 F1+vl*en Commercial - C3 Agricultural Conservation Teo Family R.eriant.I n IJgM Industrial Rte Single Family R..fd.ntial C1 Tovennoua./Multlpl.Family R.aidenUal ® Medium InWstria' iq S1ngI. Family Residential Ra Multiple Family Residential 19 Sow Waste Facury 1ccr Singe Family ResidentialEll '12( Planned Unit Development AT Antenna Tomer Single Family ResidentialC1 Central Commercial ( >I ME Mineral Excavation `�/ R,a Single F.my Resldw,Ilsl 71 Office OtsUict ii :iry of _A CASE CU 95-6 .i Ilk ,' • River P.O. Box 490 . 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 ..-----4 0 • City Council Minues Page 5 August 1, 1994 ,)(Opp, • Councilmember Scheel indicated that not being able to store expensive equipment inside would constitute a hardship. COUNCILMEMBER SCHEEL MOVED TO APPROVE A 220 FOOT VARIANCE TO EXCEED THE MAXIMUM SIZE OF AN ACCESSORY BUILDING REQUESTED BY JASON VOLKERS, AT THE LOCATION OF 14115 190 1/2 CIRCLE NW. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. COUNCILMEMBER DIETZ OPPOSED AND MAYOR DUITSMAN ABSTAINED. liew. 7.2. Consider a conditional use permit request by Darkenwald Family Partnership Cu 94-1 1 City Planner Steve Ach indicated that Darkenwald Family Partnership has requested a conditional use permit to build an automobile repair facility in addition to having multiple buildings on one parcel. He indicated that on July 5, the City Council directed Staff to draft a resolution of denial for the request. Steve Ach indicated that the motion also included an opportunity for the developer to make the necessary corrections to the plans. Steve Ach informed the Council that the developers have made revisions to the plans pertaining to density, parking, buffer and landscaping. The City Council reviewed the revisions. Mayor Duitsman opened the public hearing. Shari Emerson, 5215 Parson Avenue, Rogers, Housing Administrator for Guardian • Angels; stated that the Guardian Angels were originally opposed to this development. She further indicated that due to a spirit of cooperation shown by the developer, the Guardian Angels will support the development with the conditions listed in the Staff memo dated August 1, 1994. Ms. Emerson reviewed the conditions listed in Staff's memo. Dr. Howard Johnson, indicated his concern regarding the traffic on Main Street and the effect the storm water runoff would have on the Main and Evans drainage problem. Carol Mills, 11045 245th Ave., Zimmerman; commented on the increase in traffic and the effect it has on the right turn on Main Street and Evans. Mayor Duitsman suggested that the City Engineer review this area. Councilmember Holmgren indicated that he would like to add an extra condition requiring a fence to secure the auto service store after business hours, if determined necessary by the Chief of Police. John Weicht, requested that the Council consider amending item #7 of the recommendations relating to hours of operation to the following: Auto Service Mall - M-F 7:30 a.m. - 6:30 p.m. Sat. 7:30 a.m. - 6:00 p.m. Sun. 10:00 a.m.-5:00 p.m. • Other Businesses 8:00 a.m. - 11:00 p.m. 7 days per week / /OF �. City Council Minutes Page 6 August 1, 1994 John Weicht also addressed item #17 relating to overnight, outside storage of vehicles. He indicated that the auto mall would like the capability of allowing customers to drop off or pick up vehicles after hours. Eleanor Todahl, 280 Evans Avenue, Angel Ridge Apartments, read several letters from residents of Angel Ridge who are opposed to the development. The letters indicated noise; too close to nursing home; traffic; fumes; doors of business being left open as reasons for opposition. Jim Benson, C Chase Company;representing Abra and Tires Plus; requested that the Council reconsider item #17 relating to outside storage. He indicated that there would be no outside of damaged or wrecked vehicles. He further indicated that it was necessary for this type of business to allow customers to pick up and drop off vehicles after hours. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY DARKENWALD FAMILY PARTNERSHIP TO CONSTRUCT A 15,400 SQUARE FOOT AUTO REPAIR FACILITY IN ADDITION TO HAVING MULTIPLE BUILDINGS ON ONE LOT BASED ON THE PROPOSAL LABELED "PLAN D" WHICH INCLUDES THE ADDITIONAL SETBACKS ALONG THE WEST PROPERTY LINE, WITH THE FOLLOWING CONDITIONS: 1111 1. ALL OF TERRY MAURER'S COMMENTS OUTLINED IN MEMOS DATED APRIL 15, MAY 19, AND JUNE 16, 1994, BE MADE PART OF THE REVISED PLANS IN THIS CONDITIONAL USE PERMIT. 2. AN INCREASE OF LANDSCAPING (CONIFERS) BE PROVIDED ALONG THE WEST PROPERTY LINE TO ESTABLISH A BUFFER BETWEEN THE TWO LAND USES. 3. NECESSARY IMPROVEMENTS TO CARSON AND MAIN STREET BE COMPLETED PRIOR TO OCCUPANCY OF THE PROPOSED BUSINESSES. 4. ONE MONUMENT STYLE SIGN IDENTIFYING THE PROJECT AND TENANTS WITH A MAXIMUM HEIGHT OF 24 FEET BE ALLOWED. 5. WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS WITH SIZES AS PRESENTED BY THE DEVELOPER BE PERMITTED. 6. NO OUTDOOR STORAGE OF MERCHANDISE OR AUTOMOBILE PARTS. 7. HOURS OF OPERATION BE AS FOLLOWS: AUTO SERVICE MALL - M-F 7:30 A.M. - 6:30 P.M. SAT. 7:30 A.M. - 6:00 P.M. SUN. 10:00 A.M. - 5:00 P.M. OTHER BUSINESSES 8:00 A.M. - 11:00 P.M. 7 DAYS PER WEEK IP 8. CONCRETE CURB AND GUTTER BE USED THROUGHOUT THE ENTIRE PARKING AREA. City Council Minutes Page 7 August 1, 1994 9. ADEQUATE TRAFFIC CONTROL/LANDSCAPE ISLANDS BE INCORPORATED INTO THE PARKING AREA AND MADE PART OF THE IMPROVED SITE PLANS. 10. NO SIGNAGE BE ALLOWED ON THE WEST ELEVATIONS OF ANY OF THE BUILDINGS. 11. TRASH ENCLOSURES BE PROVIDED WHICH ARE LARGE ENOUGH TO CONTAIN ALL REFUSE COLLECTION AND RECYCLING ITEMS, AND BE SCREENED FROM PUBLIC VIEW. 12. UNDERGROUND IRRIGATION BE PROVIDED THROUGHOUT ALL LANDSCAPED AREAS. 13. PROPOSED LANDSCAPING MEET MINIMUM SIZE REQUIREMENTS AS STATED IN THE ORDINANCE. 14. ALL RETAINING WALLS BE CONSTRUCTED WITH A DECORATIVE BLOCK MATERIAL. 15. REAR DOORS ON JR TECH'S BUSINESS REMAIN CLOSED DURING NORMAL BUSINESS HOURS EXCEPT FOR MOVEMENT OF VEHICLES IN AND OUT. 16. PAYMENT OF $600 PER ACRE FOR TRUNK STORM SEWER IMPROVEMENTS BE • MADE PRIOR TO ISSUANCE OF A BUILDING PERMIT. 17. NO DAMAGED OR WRECKED AUTOMOBILES BE STORED OUTSIDE OVERNIGHT. UNDAMAGED VEHICLES MAY BE PARKED OUTSIDE AT A MAXIMUM PERIOD NOT TO EXCEED 48 HOURS. 18. THAT A CHAIN LINK FENCE BE CONSTRUCTED TO SECURE THE AREA BEHIND THE AUTO SERVICE STORE AFTER BUSINESS HOURS, IF DETERMINED NECESSARY BY THE CHIEF OF POLICE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. The Council recessed at 8:00 p.m. and reconvened at 8:12 p.m. 7.3. Consider conditional use to develop a residential planned unit development (CU 94-261 and a preliminary plat to subdivide approximately 40 acres into 88 single family lots (P 94-061 by Riverside Development, PUBLIC HEARING City Planner Steve Ach stated that the City Council reviewed the conditional use permit and preliminary plat at the July 18, 1994, City Council meeting. At that meeting the Council discussed the appropriate park, trail and sidewalk needs for Hillside Estates 4th Addition. Following Council discussion at that meeting, the issue was tabled to allow the Park and Recreation Commission to further review the park and trail issues. He further stated that the Park and Recreation Commission met to discuss this issue on July 26, 1994, and have made the following recommendations: • /, M / •• M kw (gIi ! j .9 , APRON F . 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