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5.5
ITEM 5.5. ( MEMORANDUM ityof 41k/ River TO: Planning Commission FROM: Steve Ach, City Planner -/"--- DATE: April 22, 1997 SUBJECT: Conditional Use Permit Request by L&W Limited Liability Company, Public Hearing Case No. CU 97-10 Request L&W Limited Liability Company is requesting a conditional use permit to operate an auto body repair and to construct a second principal building on a lot. Location A general description is the northwest corner of 173rd Avenue and Highway 10 (directly behind Bridgeman's). Zoning/Land Use C3 (Highway Commercial) / HB (Highway Business) Attachments Memo from City Engineer dated April 10, 1997 Zoning map Development plans Previously approved plans Conditions of previous approval Letter from the applicant Background L&W Limited Liability Company (LLC) originally received a conditional use permit in October of 1994. At that time, L&W LLC remodeled the existing Cody Square building from its previous use of office to the present use of an auto repair business. In addition to the modifications made to the building, • several on-site improvements were made as part of the approved conditional 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to the Planning Commission/CU 97-10 Page 2 April 22, 1997 • use permit. Overview The request consists of constructing a second free-standing building of approximately 5,525 sq. ft. The existing building on site is approximately 7,200 sq. ft. and is the current location of Precision Frame and Alignment and Deano's Auto Collision. The proposed building would be occupied by Precision Frame and Alignment, allowing Deano's Auto Collision to expand in the existing building. Parking and Circulation Based on the square footage of both buildings and the city's requirement of one parking stall for every 300 sq. ft., a total of 42 parking stalls would be required on site. The parking as shown on the plan raises the following concerns: • The parking design does not meet the dimensional requirements for designing a parking lot. • The parking stalls adjacent to the existing building do not meet the • dimensional requirements. • It is unclear whether the required number of parking stalls may be provided on site if designed according to the required dimensional requirements. In addition to the number of parking stalls, adequate handicap stalls will also need to be provided. According to the ordinance two handicap stalls are required. The proposed plans show parking along 173rd Avenue at a dimension less than 10' feet from the property line. If the variance request to the parking setback requirements is not granted, the site plan will need to be adjusted to meet the required 10' parking setback. At the time 173rd Avenue is upgraded, there is a possibility additional right- of-way will be needed to make the necessary road improvements. As a long term measure, all parking lot setbacks should be taken from the planned right-of-way which is expected to be a total of 80'. Given the existing right-of- way of 66' (33' each half), it is expected an additional 7 feet will ultimately be required off of this property. Therefore, in order to meet the ultimate setback • f:\shrdoc\planning\pc\cu97-10.doc Memo to the Planning Commission/CU 97-10 Page 3 April 22, 1997 • requirement, the parking lot should be established 17' from the current property line. Future Water, Sewer and Other Infrastructure Currently, the city has an ordinance in place which prohibits development within commercial and industrial areas which lie within the urban service district until water and sewer is available for hookup. The subject parcel is within the urban service boundary and does not have city water and sewer available for hookup. The City Council has initiated an ordinance amendment which will modify the current ordinance by allowing additions to existing buildings, as well as constructing free-standing buildings on developed parcels. The current ordinance will still apply to those properties that are undeveloped within the urban service area, whereby not allowing any development until services are made available for hookup. Action taken on this proposed application will be conditioned upon that ordinance amendment being approved by the City Council. Future Road Improvements It is anticipated that 173rd Avenue will be upgraded at some point in the • future to accommodate the additional traffic demands in this area. It is also expected that there is possibility of a future frontage road extending both north and south of 173rd to serve future development of these areas. The exact location of this frontage road has not been identified; however, is a long range issue which should be given some consideration. In an application presented to the Planning Commission last month regarding the conversion of Bridgeman's restaurant, the issue of a frontage road was also discussed. As a condition of that application, it was recommended a "no build" area be established within 35' of the property line to preserve the opportunity for a future road alignment. If the proposed building by Precision Frame and Alignment is constructed, it is likely the frontage road alignment will have to move further to the east. The only exception to this would be if, at the time this area is redeveloped a building or buildings are removed to facilitate the construction of the frontage road. Landscaping The proposed landscaping plan identifies several proposed tree locations that would occur over the existing and possibly in the proposed drainfield areas. These trees should be kept clear and removed from the drainfield area. In addition, the proposed landscaping quantities and sizes will have to be • modified to meet the city's current landscaping requirements. As part of the f:\shrdoc\planning\pc\cu97-10.doc Memo to the Planning Commission/CU 97-10 Page 4 April 22, 1997 • previous conditional use permit approval, a landscaping plan had been approved. The applicants did install sod along with underground irrigation throughout the site; however, they have not yet completed all of their landscaping installation. Septic and Well The subject property was originally owned by the same property owner of the Bridgeman's site. At that time, the septic system to serve the Bridgeman's facility was constructed on the subject property. The septic location is in the northwest corner of the site and covers an area of approximately 125' by 37' wide. Sometime before or after the septic system was installed, a 20 foot wide drainfield easement was established over this property. However, this 20 foot wide easement does not cover the actual location of the drainfield. It is recommended the appropriate easement be established to cover the area of the existing drainfield and to clean up this existing condition. The easement would be between the two property owners and not involve the city. The proposed plans do not show the location of the new septic field to serve the proposed building. The contractor has indicated that the septic field would be built adjacent to the existing field that extends onto this property from the Bridgeman's site. Staff is concerned with the area that is actually • left on site to construct a septic system and drainfield. A portion of the proposed drainfield area is currently a parking lot which cannot be utilized for a drainfield. In addition, with the development of the proposed building, this site will no longer have a "secondary drainfield" system. Staff is concerned with the intensity this site is being developed in an unserviced area. Residential developments are required to demonstrate a primary and secondary drainfield. This same standard should apply to commercial and industrial in unserviced areas. Even though this property is within the urban service area, there is no guaranteed time frame when city water and sewer will be made available. Outdoor Storage/Trash Enclosure The site currently has an outdoor storage area used for vehicles waiting to be serviced. Originally, this area was to be used for storage of approximately 4 vehicles. The amount of storage seems to have increased since the building has been occupied. Since outdoor storage is not allowed in the commercial area, staff would suggest the area utilized for inoperable vehicles be minimized. Furthermore, the revised plans should indicate a trash enclosure • f:\shrdoc\planning\pc\cu97-10.doc Memo to the Planning Commission/CU 97-10 Page 5 April 22, 1997 • area large enough to accommodate all refuse generated, as well as areas for recycling. General Floor Plan The building is proposed to have six service bays, along with a small office area. The materials used on the building do not meet the current commercial standards and therefore, will need to have a variance approved to deviate from the architectural standards. If that variance is approved, the building will have a predominantly steel siding, along with some brick and cedar in the front of the building. No roof drainage from the proposed building should be directed towards the existing septic system immediately to the west. Recommendation It is recommended the Planning Commission recommend approval of the conditional use permit request for L&W L.L.C. to construct a second principal building and operate an auto shop based on the following: 1. The proposed site plan be revised to demonstrate sufficient location for a primary and secondary drainfield for both commercial buildings. . 2. The site plan shall demonstrate a design that meets the city's dimensional requirements for angled parking and drive aisle widths. 3. No landscaping shall be placed in areas where there will be a drainfield. 4. The Board of Adjustments approve the variance request to the parking lot setback and architectural material standards. 5. Drainage plan be approved by the City Engineer prior to commencing work on site. This plan shall include the necessary detention and quality control pond as required by the City Engineer. 6. All outdoor storage be confined to the fenced area. 7. The Bridgeman's septic system, which encroaches onto this property, shall have an easement established over it and recorded prior to issuance of a building permit. 8. The ordinance amendment allowing development within the urban service area prior to city sewer and water be approved by the City • Council. f:\shrdoc\planning\pc\cu97-10.doc Memo to the Planning Commission/CU 97-10 Page 6 April 22, 1997 • 9. No roof drainage from the proposed building shall be directed onto the area of the existing drainfield. • • f:\shrdoc\planning\pc\cu97-10.doc April 10, 1997 File: 230-368-11 CONSULTING ENGINEERS 1326 Energy Park Drive Mr. Steve Ach St.Paul,MN 55108 City Planner 612-644-4389 City of Elk River 1-800-888-2923 13065 Orono Parkway P.O. Box 490 Fax:612-644-9446 Elk River, MN 55330-0490 RE: PRECISION FRAME AND ALIGNMENT SITE PLAN REVIEW Dear Mr. Ach: As you requested, we have reviewed the site plan for the Precision Frame and Alignment property located along 173' Avenue Northwest. Based on our review, comments received at the staff review meeting, and meeting with the property owners and proposed CIVIL ENGINEERING: building Contractor, we would offer the following comments: ENVIRONMENTAL NICIPAL 1. The submittal package consisted of a preliminary grading plan prepared by John NING Oliver and Associates dated April 2, 1997; a site and landscape plan prepared by SOLID WASTE John Weicht dated February 25, 1997; and three pages of building elevations, STRUCTURAL also prepared by John Weicht, dated February 20, 1997. SURVEYING TRAFFIC 2. The proposal is to construct a second primary structures on the lot consisting of TRANSPORTATION a building 85' x 65', or 5,500 square feet. This site is already encumbered by the drain field for the Bridgeman's property located to the west. This drain field ELECTRICAL/MECHANICAL encompasses an area of approximately 125 feet wide by 37 feet deep, located in ENGINEERING: HVAC the northwest corner of the site. POWER DISTRIBUTION SCADA 3. Given these constraints on the property, it is questionable as to whether there is SYSTEM CONTROLS adequate, undisturbed soil to construct a septic tank and drain field to serve the proposed new building. 4. There needs to be a drainage plan submitted for the site. At a minimum, the drainage plan should provide for a quality control pond for the additional impervious surface. It should also take a look at the amount of water discharged from the site. If there is not an adequate system to discharge to, the drainage plan should retain all of the increased flow from the further development of this site. OFFICES IN: •NEAPOLIS 5. The site is within the urban service district in East Elk River. Therefore, any PRIOR LAKE further development of this site should consider sanitary sewer and water, and ST.PAUL make provisions for connection to these utilities without disrupting the entire site. WASECA An Equal Opportunity Employer Mr. Steve Ach April 10, 1997 Page Two 6. As you are aware, one of the concerns for development of the property just north of this area is a frontage road starting somewhere along 173' Avenue to service the property. Right now, there are a number of smaller plots of land north of this site. It is assumed that in the future, with sewer and water provided, that this area may very well develop into larger parcels of land that will need to be serviced by some type of frontage road. Further development on this site may push that frontage road further to the east along 173' Avenue. Currently, it is not clear what is the best location for the frontage road to connect with 173' Avenue. If you have any questions regarding any of these comments, please contact me. Sincerely, MSA, CONSULTING ENGINEERS • c/je/7‘iee t Terry J. Maurer, P.E. 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DOOR '>,ti • t o • v A2 ME O STEEL SIDI © NOON yr-1•a' STEEL SIDING • . 0 WE5f MtVAT1ON I ' 6 I ii I ; IiI II1 ii- .1 . . .11 . . gE - ,A E & ALIGE _ a ` N6 It `o• E STEEL SIDING ,,- f a E JrL, E _CEDAR SIDING_ _ 10 X 12 O. .HDOOR 10 X 12 O.H. DOOR 8 E P _ PRECISIONFRAAE_ ti: `_ n _ -. H S ¢` &ALIGNMENT _ C:4 U =N W Z o a ,---C3__= _ N O M _ -iiiie�_ BRICK E > W n0 a.c—r7; • x u,',D r! Ci .-_ /AfION 0 0 #010 z e j 1 LL kiN Ot 2.4 VG Oa raa- 1 I -_ L VAIION -s1 g 2P i N STEEL SIDING W �" o $ 4 U EASE ElIVAfION �i a .. 02 A2 _ 1 ..2111 y f e f a jl// of 42.-6" 21-0'/ 20-0' / FIN. FLR. ELEV.=96'-8" • • FIN. FLR. -0" • • • / 4.-0- 12'-cr /3-0-/S-0"/ 0"/ 12.-0" Ucr, / e 7 CO Q r Z CO U 01 \W O/ O O CI 1 \ o O Wo9_o AI \ A // , N 9. \ ----. \ J 8'-10" / o ° P 7 P W s to Z m MI ,. o_o , yt o a, co l o Dg 0 o L \ A O \ / 1 \ i \ \ 1'-4" 1'-4" 32'-4" / 12'-0" /U3'-0"^/"�, 12.-0" /3'-0"/ 'TJ 1.. rawaor.. 00004 JOHN C. EICHT AND ASSOCIATES ppCI510N FpAMMOOR PAUL MEYER I hereby certify that los pion specification or repot was 0 04/02/97 PRELIMINARY prepared by mea under my direct supervision and that - v Paeoxese eucw9Fx ta9.aeeso — ARCHITECTS, INC. I am a duly registered Architect under the laws of -� -. & W.IGNM�N1' AS NOTED the state of Ninnewta. FAX-441-5I76 /\ 11061 173rd AVE,N.W, a..�.r 001/97 Ply11mouth.h.5 48th nvenue North .55442 Signed FAXJ413176 °`S°" 801LDI"GS Elk giver,Mniezota 55330 (612) 557-9081 Date . BUND " 9 FAX 559-6038 Re Na . 97o2RR.DWC . STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL COUNTY OF SHERBURNE CONDITIONAL USE PROCEEDINGS CITY OF ELK RIVER In the matter of: L & W Limited Liability Company Request: A conditional use permit to operate an autobody repair and auto-truck frame repair shop from the existing Cody Square building, Case No. CU 94-27 ORDER GRANTING CONDITIONAL USE L& W Limited Liability Company, Owner The above entitled matter came to be heard before the City Council on the 15th day of August, 1994, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: See Attached Exhibit A IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. ALL GROUND AREAS NOT DEVOTED TO BUILDING OR BITUMINOUS SURFACE BE • PLANTED WITH SEED WITHIN A TWO YEARS OF THE APPROVAL. 2. THE ENTIRE PARKING AND DRIVEWAY AREA BE BOUND BY B612 CONCRETE CURB AND GUTTER. 3. THE EXISTING PARKING LOT BE REQUIRED TO MEET THE TEN (10) FOOT PARKING SETBACK FROM ALL PROPERTY LINES. 4. THE APPLICANT WORK WITH THE BUILDING OFFICIAL TO ENSURE THE BUILDING MEETS ALL BUILDING AND FIRE CODES PRIOR TO ISSUING A BUILDING PERMIT. 5. THE APPLICANT PROVIDE THE CITY WITH AN ACCEPTABLE DRAINAGE AND GRADING PLAN FOR THE SITE PRIOR TO THE CITY COUNCIL MEETING. 6. THE CHAIN-LINK FENCE LOCATED ON THE NORTH SIDE OF THE PARCEL BE UPGRADED WITH A DURABLE OPAQUE MATERIAL APPROVED BY STAFF. 7. AN UNDERGROUND IRRIGATION SYSTEM BE REQUIRED WITHIN TWO (2) YEARS OF APPROVAL. 8. PERMITS FROM THE MINNESOTA POLLUTION CONTROL AGENCY BE RECEIVED PRIOR TO ISSUING A BUILDING PERMIT. DATED this r day of , 1994 March 7, 1997 To: The Members of the Elk River City Council Dear Council Members; On March 6 we were informed of a moratorium on new construction in our area. We are currently in the process of planning and design of a new addition to our property that is located at 11061 173rd Avenue NW (behind Bridgeman's). This addition is planned as a permanent, free standing, steel frame, steel building which will match the appearance of the existing structure. The addition will add 5525 square feet of work space and will be positioned on the property in the same approximate area as the planned second building in the original Cody Square design of 1987. This building is being designed to allow immediate city sewer and water hookup when it becomes available. The existing fresh water well is adequate and will be used as a water source until that time. The plan also calls for two holding tanks for gray water and two tanks for waste water and sewage. These tanks will be pumped as needed. When City sewer service is available, the two waste water/sewage collection tanks will be cleaned and converted to gray water collection tanks. In addition, hookup for overhead fire suppression sprinklers will be installed to accommodate immediate fire truck hookup and future city water hookup. • This planned addition to the property is essential for the success of our respective businesses. Both businesses are active in the Elk River Chamber of Commerce and we support several community and youth activities. The inability for us to expand and build our new addition this Summer will severely limit the success of both businesses and the 12 families that are supported by employees of either Deano's or Precision Frame. As active members of the Elk River business community, we respectfully request an exception to the moratorium be granted for us to move ahead with our building plans for this Summer. Respectfully, \\ ichard A. orntson, President Thomas Wistrom, President Precision Frame & Alignment, Inc. Deano's Collision Specialists, Inc. /( & aL Nancy C.L9Tntson, ice President Cheryl istrom, Vice President Precision Frame &Alignment, Inc. Deano's Collision Specialists, Inc. I n6TH ..\rte nsTH 1� .1 s aN \ \� 174TH $ 173RD o .6I V 172ND \ 11 8 5 it �n 1 171ST i 170TH 11 169TH _- -- - 168TH 11, 167TH 1861H � 1 169TH _ I 164TH m HILLSIDE CITY PARK LOCATION RioT , V—L I LOCATION City of MAP Elk River 13065 Orono Parkway • P.O. Box 490 CASE: C v q Elk River, MN 55330 an