Item 5.2 ,-,(_/ A( .
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Item# 5.2,
tIkkjver MEMORANDUM
TO: The Planning Commission
FROM: Stephen Wensman, Planner 9
DATE: August 22, 2000
SUBJECT: Conditional Use Permit Request by John Bunkers,
for an Auto Repair Business, Public Hearing Case
No. CU 00-20
Request
John Bunkers requests a conditional use permit to allow an auto repair and a
motor vehicle service station business in the Barrington Place Planned Unit
• Development.
Location
568 Dodge Avenue, Lots 1 and 2, Block 6, Barrington Place, Elk River, MN.
Zoning/Landuse
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
• Location map
• Site Plan of 568 Dodge Ave
• Letter of intent
• Uses in the PUD Agreement
• Definition of auto repair shop, motor vehicle specialty service station and
motor vehicle service station
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission/CU 00-20
August 22,2000
Page 2
Overview
• The site, formerly the Circle-C gas and convenience store, is presently a
multi-tenant building. The existing tenants include a Laundromat and a
store called Games Gallery. The applicant would like to turn the former
carwash into a 3-stall auto repair garage. In the Barrington Place PUD
Agreement auto repair shops are a "principle use not allowed". The
conditional use for an auto repair shop is contingent on the approval of
Conditional Use Permit, Case No. CU 00-30, to change the PUD Agreement.
Analysis
Intent
The applicant intends to rent the garage space to a company whose primary
business is maintaining the fleet vehicles. This use, a motor vehicle specialty
service station is presently a conditional use in the Barrington Place Planned
Unit Development. A smaller portion of the business is the restoration and
repair of custom vehicles (such as classic cars), which is by definition, an
automobile repair shop. This use is presently prohibited and requires a PUD
amendment to make it a conditional use. The auto repair use proposed
includes: transmission and electrical repairs, engine removal and
• replacement, welding and fabrications. The applicant has stated that
typically there would be at most 2 - 4 cars parked outside waiting to be
repaired. All work would be preformed inside the building, however in the
summer months the garage doors might be open during business hours for
ventilation.
Staff believes it would be a reasonable condition, considering the density and
mixed use of the neighborhood, to limit the auto repair use to one of the three
garage stalls and to prohibit the parking of inoperable cars outside overnight.
Noise
Noise from compression tools has been reported to be a problem with the
Goodyear facility located nearby. Similarly, noise could become an issue with
an auto repair shop in the vicinity of offices and the apartments behind John
Oliver and Associates. The applicant believes because his repair business is
a smaller operation with only 3 bays and because he has only one other
employee, the problem will be minimal.
•
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\cu00-20.doc
Memo to the Planning Commission/CU 00-20
August 22,2000
Page 3
Hours of Operation
• The applicant has indicted that the business hours will be 8 — 5, Monday-
Friday.
Easements
The City Council, on May 15, approved a resolution to remove a blanket
easement over the property with the following conditions:
1. AN EASEMENT AGREEMENT IS GRANTED TO THE CITY THAT ENABLES
EMERGENCY VEHICLE ACCESS ALONG THE SOUTH 25 FEET OF THE
PROPERTY PRIOR TO THE VACATION.
2. THE NEW EASEMENT BE POSTED "NO PARKING/FIRE LANE."
3. THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN WIDTH,
THE MAXIMUM ALLOWED BY CITY ORDINANCE.
4. A TEN-FOOT EASEMENT BE GRANTED TO THE CITY FOR DRAINAGE
AND UTILITY PURPOSES AROUND THE PERIMETER OF THE PROPERTY.
5. ADD A LANDSCAPE ISLAND ON THE NORTH SIDE OF PARKING LOT
ADJACENT TO DODGE STREET.
• The site plan submitted indicates that the applicant intends to comply with
the conditions 2-5 noted above. These conditions should also be made a
condition of this conditional use permit.
Emergency Vehicle Access
The access to the repair garage would be from the emergency vehicle
easement. This easement will be posted no parking and will be subject to
enforcement. The repair garage functions will need to be conducted entirely
within the garage and should be made a condition of approval.
Landscaping
No new landscaping has been proposed at this time, however the existing
landscaping has been badly maintained. There are no trees except those on
the rear property line. New trees should be planted along Dodge and along
the driveway to the north.
Parking
An additional 6 parking stalls can be incorporated behind with a 15-foot drive
IIIlane. City Ordinance requires 7 parking stalls for the laudromat, Games
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\cu00-20.doc
Memo to the Planning Commission/CU 00-20
August 22,2000
Page 4
Gallery and an auto repairs shop. There are 25 parking stalls identified on
IIIthe site plan, which exceeds the required number.
Signs
No new signs have been indicated at this time. Along Dodge Avenue is an
existing Phillips 66 pylon style sign that has been painted white for the use of
the new tenants. Any new signs will require a Sign Permit from the
Planning Department. An automobile repair shop would be allowed between
50 and 300 square feet of wall sign.
Recommendation
Staff recommends that the Planning Commission approve the conditional use
permit to allow automobile repair with the following conditions:
1. THE EMERGENCY VEHICLE EASEMENT BE POSTED"NO PARKING/FIRE
LANE."
2. THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN
WIDTH, THE MAXIMUM ALLOWED BY CITY ORDINANCE.
IP 3. THAT THE SOUTH DRIVEWAY BE NARROWED TO A MAXIMUM OF 30
FEET.
4. A TEN-FOOT EASEMENT BE GRANTED TO THE CITY FOR DRAINAGE
AND UTILITY PURPOSES AROUND THE PERIMETER OF THE
PROPERTY.
5. ADD A LANDSCAPE ISLAND ON THE NORTH SIDE OF PARKING LOT
ADJACENT TO THE JOHN OLIVER AND ASSOCIATES ACCESS DRIVE.
6. THAT A SIGN PERMIT BE OBTAINED PRIOR TO ANY NEW SIGNS BEING
INSTALLED ON THE PROPERTY.
7. THE AUTO MAINTENANCE AND REPAIR BE CONDUCTED ENTIRELY
WITHIN THE GARAGE.
8. THAT OVERNIGHT OUTSIDE STORAGE OF INOPPERABLE CARS BE
PROHIBITED.
9. THE AUTO REPAIR BE LIMITED TO ONE OF THE THREE GARAGE
STALLS.
10. THAT ADDITIONAL LANDSCAPING BE PROVIDED AS RECOMMENDED
BY THE PLANNING DEPARTMENT, PRIOR TO CITY COUNCIL
APPROVAL.
•
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LETTER OF INTENT FOR THE CITY OF ELK RIVER.
RE: P@P AUTO AND TRUCK REPAIR
568 DODGE AVE ELK RIVER,MN
763-862-7523
I GREG PREUSS OWNER OF P@P AUTO AND TRUCK
REPAIR PROPOSE THE FOLLOWING WORK THAT MY
BUSINESS DOES FOR THE PUBLIC.
1. GENERAL AUTOMOTIVE AND TRUCK REPAIRS AND
MAINTENANCE: TUNE UP, BRAKE
WORK,TRANSMISSION TUNE UP'S,ELECTRICAL
REPAIRS, ELECTRONIC DIAGNOSES AND REPAIRS,
AND ANY OTHER RELATED VEHICLE MAINTENANCE
AND REPAIRS.
2. HEAVY LINE WORK SUCH AS ENGINE REMOVALS
AND REPLACEMENTS,TRANSMISSION REMOVALS
AND REPLACEMENTS. REBUILDING OF VEHICLE
• DRIVELINES, ENGINES AND TRANSMISSIONS
3. MY COMPANY DOES NOT DO ANY BODY WORK, SUCH
AS PAINTING OF VEHICLES.
4. WE DO NOT DO ANY TIRE WORK. OTHER THAN TIRE
ROTATIONS
5. WE DO WELDING AND FABRICATIONS.
AS A PROFESSIONAL AUTO AND TRUCK MECHANIC OF
27 YEARS AND A PRIOR AUTO SHOP OWNER OF 6 YEARS
I RUN A CLEAN AND HONEST BUSINESS WITH
INTEGRITY. AND WILL NOT STORE ANY JUNKED
VEHICLES ON SITE,AND ANY VEHICLE THAT WOULD BE
OUTSIDE WILL BE IN RUNNING ORDER OR IS COMING IN
FOR REPAIRS. I HAVE AND ALLWAYS BELEAVED IN A
CLEAN SHOP AND A CLEAN PROPERTY. THE MAIN
REASON I PICKED THE CITY OF ELK RIVER IS BECAUSE
THE CITY IS A GROWING COMMUNITY WITH CITIZENS
THAT CARE ABOUT HOW THE CITY LO• . AND IS RUN.
Cay Pr�''S 0,2-00
(02) Commercial Uses - The use of the commercial parcels shall be re-
stricted to those uses which are principle or conditional in the C-1, C-2
• and C-3 commercial zones with the following exceptions:
Principle Uses not allowed:
•
1. Multi-family dwellings
2. Parking ramps
3. Taverns
4. - Motor vehicle service stations servicing vehicles with more than
two (2) axels
5. Auto repair shops
6. Storage facilities
7. Drive-in Theaters
8. Outdoor amusement centers
Conditional uses not allowed:
1. Those conditional uses permitted in the R-4 District
2. Those principle uses permitted in the R-3 and R-4 Districts
9.) Assessments - The parties mutually agree that all public improvements
installed by the City related to the Development shall be assessed pursuant to
Chapter 429 of Minnesota State Statutes, and in accordance with a Developer's
Agreement for each phase of the development satisfactory to the City. Other-
wise, the Developer shall be responsible for installation of improvements in
• accordance with City standards.
10.) Park, Trail and Pond Dedication - Developer will contribute an amount
equal to ten percent (10%) of the Fair Market Value of land included in the
Development to the City's Park Fund. Amount to be determined by an independent
fee appraiser.
11.) Sidewalks - Concrete sidewalks, in such widths and in such location as
required by the City's applicable ordinance in effect at the time of final plat
approval, shall be constructed for lands within the Development contemporane-
ously with the improvement of streets and be assessable to Developer. The City
will consider reasonable exceptions to sidewalks as each phase is presented for
approval, and decisions as to said exceptions shall be within the reasonable
discretion of the City.
12.) Street Lights - Developer agrees to provide and the City agrees to
accept a street lighting system for each phase pursuant to the applicable ordi-
nance in effect at the time of the final plat approval.
13.) Building Setbacks - Building setbacks shall be those established by
the City's Zoning Ordinance in effect at the time of final plat approval.
14. ) Preservation of Trees - Developer agrees to comply with the City's
ordinances currently in effect related to preservation of trees and specifically
will exercise reasonable efforts in residential areas to save mature, undiseased
trees on the Subject Land which do not have to be removed for reasonable instal-
• lation of buildings, streets, sidewalks, utilities or drainage improvements and
construction activities related thereto.
3.
DEFINITIONS
111
AUTO REPAIR SHOP: A place where gasoline or other automobile
engineer fuel (stored only in underground tanks) , kerosene or
motor oil and lubricants or grease for operation of motor
vehicles are sold directly to the public on the premises. The
sale of parts and accessories and the servicing and repair of
automobiles shall be permitted. Repairs of automobiles shall
include but are not limited to; uses permitted for motor vehicle
service stations, radiator repair, major mechanical and
body work, straightening of body parts, painting, welding,
storage of inoperable automobiles, and overhauling of engines.
MOTOR VEHICLE SERVICE STATION: A place where gasoline or other
automobile engine fuel (stored only in underground tanks) ,
kerosene or motor oil and lubricants or grease for operation of
motor vehicle are sold directly to the public on the premises;
including the sale of minor accessories and the servicing and
minor repair of automobile. Minor repairs shall include; tire
servicing and repair, replacement of mufflers with incidental
welding, greasing and lubrication, and minor motor adjustments.
Minor repair shall not include; major mechanical and body work,
painting, welding, storage of inoperable vehicles, or overhauling
• of engines .
MOTOR VEHICLE SPECIALTY SERVICE STATION: A place where gasoline
or other automobile engine fuels sales are prohibited.
Lubricants for the operation of motor vehicles may be sold
directly to the public. Specialty stations are intended for the
sale of minor accessories and minor repairs for automobiles and
small trucks . It is intended that specialty stations shall
specialize in one or two allowed uses and not generalize in all
allowed uses . Minor repair shall include; tire servicing and
repairs, replacement of mufflers, greasing and lubrication, minor
motor adjustments, transmission services, brake repairs, and auto
glass replacement. Minor repairs shall not include; mechanical
and body work, painting, welding, storage of inoperable vehicles,
outside storage of overhauling engines.
•