7.2. SR 10-21-2019City of
Elk -
River
Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public Hearinj
October 21, 2019
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Conditional Use Permit: Auto Repair Business -
Zack Carlton, Planning Manager
Auto-Rec Bodyworks Inc., 21475 US Highway 169
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, a Conditional Use Permit with the following
conditions to satisfy the standards set forth in Section 30-654:
1. The approved Conditional Use Permit (CU 16-09) will
become void.
2. The Certificate of Occupancy may not be issued for the
9,000 square foot building until the residential structure is
removed from the property.
3. The building shall be inspected by the city building official
and fire marshal to verify compliance with all building and
fire codes and all identified violations must be addressed
prior to issuance of any new building permit for the property.
4. All septic systems must provide a certificate of compliance or
notice of noncompliance, for the existing septic system, and
must be signed by a licensed inspection business or by a
qualified employee certified as an inspector who is
authorized by the local unit of government. The certificate of
compliance or notice of noncompliance must be submitted
to the local unit of government no later than 15 days after
any compliance inspection.
5. All vehicles stored on the premises shall be stored within an
area which is screened by a six foot high 100% opaque fence.
6. There shall be no repair or maintenance of vehicles outside
of buildings.
7. Car, truck, RV, and marine sales shall not be allowed.
Background/Discussion
Case No. CU 19-14
The property is zoned Highway Commercial (C3) where auto body repair requires a Conditional Use
Permit (CUP). The applicant is requesting an amendment to their existing CUP (CU 16-09) to expand
their auto body repair business located at 21475 US Highway 169.
The Elk River Vision
A avelcoming community avith revolutionary and spirited resourcefulness, exceptional p o w E A E u s r
service, and community engagement that encourages and inspires prosperity ,� g /�
Planning Commission
The Planning Commission had no concerns with the request and discussed the residential building on the
property and modified condition #2 to read as recommend in the aforementioned conditions.
No one spoke for or against the request and staff has not received any comments since the Planning
Commission meeting.
During the meeting, the Commission and applicant agreed with the proposed conditions to satisfy the
seven standards for a CUP. The Commission unanimously recommended approval of the request.
Since the Commission meeting, the applicant submitted updated plans providing all of the requested
information. The applicant also shared an email (attached) regarding the one condition stating the
residential structure needs to be removed before the Certificate of Occupancy (CO) is issued.
Parking
The parking requirements for the proposed uses are one stall for every 300 square feet of area. The two
buildings are 12,127 square feet in size, requiring 40 stalls. The site plan shows 37 stalls but there is area
for three additional stalls if needed. Section 30-901 states all driving areas and parking areas shall be
bounded by B612 concrete curb and gutter, which is shown on the site plan.
Grading/Drainage
All areas of impervious surface must be treated. The applicant shall submit calculations and designs of
stormwater Best Management Practices (BMPs) that meet this. This may include the need for a
stormwater holding pond.
Landscaping
A great deal of the property has been cleared of the existing mature trees. While the ordinance does not
prevent this, it does require specific amounts of landscaping with new development and allows
landscaping credit for existing trees. andscaping requirements are met with existing tree credits.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on September 23, 2019, but the applicant
has requested an extension. A 60-day extension letter has been sent to the applicant.
Council Meeting
If acted on, this item will go to the October 21, 2019, City Council meeting.
Attachments
Planning Commission Memo dated September, 24, 2019
Updated site plan
Applicant Email
N:\Public Bodies\Agenda Packets\10-21-2019\Final\7.2 sr.docx
River
Request for Action
To
Item Number
Planning Commission
4.3
Agenda Section
Meeting Date
Prepared by
Public Hearings
September 24, 2019
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Auto-Rec Bodyworks Inc., 21475 US Highway 169
Zack Carlton, Planning Manager
■ Amendment to the Conditional Use Permit
Reviewed by
(CUP), Case No. CU 19-14
Action Requested
Recommend, by motion, approval of a Conditional Use Permit with
the following conditions to satisfy the standards set forth in Section
30-654:
1. The approved Conditional Use Permit (CU 16-09) will
become void.
2. The property cannot be used for residential dwelling
purposes.
3. The building shall meet all building and fire codes.
4. The building shall be inspected by the city's Building Official
and Fire Marshal to verify compliance with all building and
fire codes and all identified violations must be addressed
prior to issuance of any new building permit for the property.
5. All septic systems must provide a certificate of compliance or
notice of noncompliance, for the existing septic system, and
must be signed by a licensed inspection business or by a
qualified employee certified as an inspector who is
authorized by the local unit of government. The certificate
of compliance or notice of noncompliance must be
submitted to the local unit of government no later than 15
days after any compliance inspection.
6. All vehicles stored on the premises shall be stored within an
area which is screened by a 6 (six) foot high 100% opaque
fence.
There shall be no repair or maintenance of vehicles outside of the building.
Car, truck, RV, and marine sales shall not be allowed.
Background/Discussion
Case No. CU 19-14
The Planning Commission is reviewing this application again, as the location of the proposed building
expansion is significantly different than was proposed at the August 27, 2019 meeting.
The Elk River Vision
A n.,elcoming community nvith revolutionary and spirited resourcefulness, exceptional p o w E n E o e r
service, and community engagement that encourages and inspires prosperity [NAWR
�
The property is zoned Highway Commercial (C3) where auto body repair requires a Conditional Use
Permit (CUP). The applicant is requesting an amendment to their existing CUP (CU 16-09) to expand
their auto body repair business located at 21475 US Highway 169.
The property is bound by US Highway 169 on the west with a commercial concrete business across the
highway, two properties the applicant owns to the south, and the ERX Motor Park (an off -road racing
facility) to the east and north.
The property contains two structures. The pole building at approximately 2,300 sgft and the "house"
structure is approximately 1,500 sgft.
The applicant needs additional shop space (approximately 9,000 sgft) and will be constructing a new
separate building south of the "house" structure. The "house" structure will be utilized as office space.
The applicant has indicated there will be no outdoor storage.
The applicant has been operating the business on the adjoining property since 1998 and on the subject
parcel since 2016. Staff is unaware of any concerns, issues, or complaints with the use on the subject
property. In 2016, the properties zoning classification was change to C-3 Highway Commercial, allowing
the commercial use.
Analysis
Comprehensive Plan
The Gravel Mining Area Land Use, Transportation, and Utility Plan guide the properties for Highway
Business uses where commercial uses are allowed and encouraged. The proposed use is consistent with
the Comprehensive Plan.
Transportation/ Circulation
Access to the site is off US Highway 169 in the northwest corner of the site. A portion of the driveway
crosses over the neighboring property to the north. The driveway is located within the setback
requirements but does not require a variance as it is an existing driveway.
Runoff from this new impervious surface (gravel is defined as impervious per MPCA guidelines) must be
treated.
Parking
The parking requirements for the proposed uses are one stall for every 300 square feet of area. The three
building are 12,900 square feet in size, requiring 43 stalls. Section 30-901 states all driving areas and
parking areas shall be bounded by B612 concrete curb and gutter.
The submitted plan does not indicate where these 43 stalls will be located. Prior to the City Council
review, the applicant will be required to submit a scaled site plan showing the required number of parking
stalls, paving material, and B612 concrete curb and gutter. If the applicant can demonstrate 43 stalls are
not initially needed, they will need to show proof of parking on the site.
\\DC3-ELKR\Shared\Departments\Community Development\Platuung\Case Files\CUP\CU 19-14 Haugland (Auto-Rec Bodyworks Inc)\4-
Plamung Commission\9-24-2019\4.3 sr CU 19-14 sr PC 9-24-2019.docx
Utilities
The subject site has two active septic tanks and two active drainfields. The applicant will need to provide
certificates of compliance for the commercial activities.
Grading/Drainage
All areas of impervious surface must be treated. The applicant shall submit calculations and designs of
stormwater Best Management Practices (BMP's) that meet this. This may include the need for a
stormwater holding pond.
Landscaping
A great deal of the property has been cleared of the existing mature trees. While the ordinance does not
prevent this, it does require specific amounts of landscaping with new development and allows
landscaping credit for existing trees. The extent of the tree removal is not known and the applicant will
need to provide documentation they have enough credit for trees or submit a landscape plan showing the
required amount of landscaping.
Applicable Regulation
In approving a Conditional Use Permit, the council may impose such specific conditions with regard to
the development or operation of the proposed use as it considers necessary to satisfy the seven standards
set forth in Section 30-654 and the requirements contained in this article and to promote compatibility
with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
mill 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 orgeneral welfare of the neighborhood or the city.
Industrial and off -road racing facility uses surround the property. 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.
Staff does not see a need to impose specific conditions to satisfy this standard.
2. 1Vill be consistent nith the Comprehensive Plan.
The use will be consistent with the Comprehensive Plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. WIN not impede the normal and orderly development and improvement of surrounding vacant property.
As the surrounding properties are currently being utilized, the use will not impede the normal and
orderly development and improvement of surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. bill 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 server ystems, parks and schoolr; and will not, in
particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
\\DC3-ELKR\Shared\Departments\Community Development\Platuung\Case Files\CUP\CU 19-14 Haugland (Auto-Rec Bodyworks Inc)\4-
Plamung Commission\9-24-2019\4.3 sr CU 19-14 sr PC 9-24-2019.docx
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 and schools; and will not, in particular, create traffic congestion or interference with
traffic on adjacent and neighboring public thoroughfares.
Staff does not see a need to impose specific conditions to satisfy this standard.
5. WIN not involve uses, activities, processes, materials, equipment and conditions of operation that Yvill be detrimental
to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The use 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.
Staff does not see a need to impose specific conditions to satisfy this standard.
6. WIill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
There are no natural, scenic, or historic features on site. The use will not result in the destruction,
loss or damage of a natural, scenic or historic feature of major importance.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. mill fully co*yn4tb all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license orpermit 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.
The recommended conditions are to ensure all other requirements are complied with.
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.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on September 23, 2019, but the applicant
has requested an extension. A 60-day extension letter has been sent to the applicant.
Council Meeting
If acted on, this item will go to the October 21, 2019, City Council meeting.
Attachments
Location Map
Site Plan
\\DC3-ELKR\Shared\Departments\Community Development\Platuung\Case Files\CUP\CU 19-14 Haugland (Auto-Rec Bodyworks Inc)\4-
Plamung Commission\9-24-2019\4.3 sr CU 19-14 sr PC 9-24-2019.docx
Rick Haugland
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MAX16' HEIGHT
21401 US HWY 169
NORTH ELK RIVER, MN
(I)SITE LAYOUT -AUTO REC BODYWORKS
EX 1 1 "=30'
0 30' 60' 90'
PROJECT: 190614
10/11/2019
From: Ric Haugland
To: Leesebera. Chris
Subject: [EXTERNAL] Re: PC meeting & Plans
Date: Tuesday, October 15, 2019 3:46:48 PM
In reference to the Office / House at this time. This building will not be used as a
residents when the project of the new building is finished and passed by all permits. We will
not be authorized to conduct business nor have the commercial privileges out of said project
unless house is conformed into office space with no living quarters, or moved off property. At
this time I own a lot in Mille Lacs that this building would be a perfect donor. I would
appreciate that you have some compassion to the fact that I have in the last few years
invested around 50k in remodeling and would feel that it would be a total waste of a good
structure to just knock it down. The only way I would keep the structure is to show you in
advance the remodel of the house conformed into a well designed office for possibly both
buildings with a well designed road appearance.
As to the lovely trees that I have paid a fortune to remove will be replaced with
designer trees to your liking. I do have at least 14 trees on property per your ordinance and
will add bushes and trees as needed for the curb appeal.
Thank You
Ric Haugland
Auto-Rec Body Works, Inc.
21475 Hwy. 169
Elk River, MN 55330
Phone: 763-227-3863
From: Ric Haugland <myautobodyman@hotmail.com>
Sent: Wednesday, September 25, 2019 10:53 AM
To: Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov>
Subject: Re: PC meeting & Plans
Thanks for all you do for me. I forwarded the information to all my people, and yes we should
be ready by the first week of October.
Ric Haugland
Auto-Rec Body Works, Inc.
21475 Hwy. 169
Elk River, MN 55330
Phone: 763-227-3863
Conditional Use Permit
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Background
■ Zoned C3 — auto repair requires a CUP
■ Received CUP in 2016 for auto repair
■ Amending CUP
Background
■ Commercial concrete —west
■ Applicant owns two properties — south
■ Off -road racing — east & north
■ Two existing structures
■ 2,300 sgft shop
■ 1,500 sgft office — "house" structure
■ Adding new detached 9,000 structure
IF
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uue FUTURE a cu I
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-�/ RADIUS I`, f! s' .� +'q,N'' 992.90
4H 992. fO
ULYERT do99a.0 a _ CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED
\� 73 -4' ' FOR THE NEW 9,720 SQUARE FOOT BUILDING UNTILCMP (�
'ED ENd�, l'. - �\'`!'�I erruVn� jS THE RESIDENTIAL STRUCTURE 15 REMOVED FROM
APRON), ,V FUTURE 'iY'• 9 FS 9 R i-� THE PROPERTY
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WITHIN ROW o-r.
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OUIRES ♦
t�NDOT PERMIT '!7 ! �'i`„ Vp; STORMWATER TREATMENT
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RESHAPE EXISTING GRAVEL 0,13AC B612 CURB
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TOTAL BUILDING:0.22AC PFR°�".rer
PROPOSEDGRAVEL
TOTAL PARKING; 4 PAVEMENT REMOVE
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PROPOSED
81' PROPOSED 9,720 SF BUILDING B612 CURB a`
PARKING STRIPING SHOWN 75' FFE=1002.5 25'
FOR REFERENCE ONLY. 0.5' GRADE HOLD DOWN _
STALLS WILL NOT BE STRIPED
I �' l r I I � 9.5'i� -' •
it tt I t I 120' — PROPOSED
pi SIP_^ d GUARDRAIL
4, �� T6 FFDI • fff III I I I
MODULAR BLOCK
RETAINING
8' RETAINING WALL
APPROXIMATE
PROPERTY BOUNDRY PROPOSED d ALL EXISTING BACKGROUND
FROM COUNTYGIS 9612CURB 1 INFORMATION IS BASED ON PDF DRAWING
27ULF MODULAR BLOCK AND IS SHOWN AS APPROXIMATE
LANDSCAPE LOCK RETAINING WALL !
MAX16' HEIGHT
21401 US HWY 169
NORTH ELK RIVER, MN
1 SITE LAYOUT -AUTO REC BODYWORKS
V EX1 r=ao
0 30' 60' 90'
PROJECT:190614
1 Oil 1J2019
Background
■ Parking
■ Landscaping
■ Grading/Drainage
Planning Commission
■ PC had no concerns
■ Modified condition #2
■ No spoke for or against it
■ PC analysis of the application shows compliance with all seven
(7) of the conditions required for approval of the CUP
■ PC unanimously recommended approval of the request
■ Applicant discuss #2
■ $50K in remodeling
• Wants to keep it, for now
• Will not use it for residential
Action Requested
■ Approve, by motion, approval of a CUP with the conditions
outlined in the memo
Rf' E ss3. �9 T ENCROACHWENT !k RESTORE r
EDGES & DES FENPROCE .� BLANKETS W -lop OIL & SEED AND
i fui -= --_- / x - 329 _� -� _11CS. CONTROL BLANKET / 11
uue FUTURE a cu I
25TURFTE R 4 `'PARKING ODRIV[wnva a
-�/ RADIUS I`, f! s' .� +'q,N'' 992.90
4H 992. fO
ULYERT do99a.0 a _ CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED
\� 73 -4' ' FOR THE NEW 9,720 SQUARE FOOT BUILDING UNTILCMP (�
'ED ENd�, l'. - �\'`!'�I erruVn� jS THE RESIDENTIAL STRUCTURE 15 REMOVED FROM
APRON), ,V FUTURE 'iY'• 9 FS 9 R i-� THE PROPERTY
°� CONSTRUCTION
TORMWATER TREATMENT l
WITHIN ROW o-r.
s(rT, y�,♦'°° I/r w =
OUIRES ♦
t�NDOT PERMIT '!7 ! �'i`„ Vp; STORMWATER TREATMENT
PROPOSED !t / r
B012 CURE �\� , �\ Q_SILT
15' . \ -^ ♦ . -, �fi� 19 ,! i V FhYsT NA
i TOTAL NEW GRAVEL PAVING: 0.35AC i w PROPOSEDr y �i M1}+�
i t
RESHAPE EXISTING GRAVEL 0,13AC B612 CURB
( onawne a 9
TOTAL BUILDING:0.22AC PFR°�".rer
PROPOSEDGRAVEL
TOTAL PARKING; 4 PAVEMENT REMOVE
ING 3NEW7 ,,,,o° 0'. I I �a.o BRUSH 6
i + TOTAL 41 EXISTING �� ®j T `\ \ �E�iibSTORE
RE
i, �, i f DRAINFIELD 26' // PROPOSED GRAVEL zilt W
,% V 20' / PAVEMENT AND -ERG
i1; t r /// _ �@LANKET
14
r
10.00' PARKING AND
DRIVEWAY SETBACK 3
PROPOSED
81' PROPOSED 9,720 SF BUILDING B612 CURB a`
PARKING STRIPING SHOWN 75' FFE=1002.5 25'
FOR REFERENCE ONLY. 0.5' GRADE HOLD DOWN _
STALLS WILL NOT BE STRIPED
I �' l r I I � 9.5'i� -' •
it tt I t I 120' — PROPOSED
pi SIP_^ d GUARDRAIL
4, �� T6 FFDI • fff III I I I
MODULAR BLOCK
RETAINING
8' RETAINING WALL
APPROXIMATE
PROPERTY BOUNDRY PROPOSED d ALL EXISTING BACKGROUND
FROM COUNTYGIS 9612CURB 1 INFORMATION IS BASED ON PDF DRAWING
27ULF MODULAR BLOCK AND IS SHOWN AS APPROXIMATE
LANDSCAPE LOCK RETAINING WALL !
MAX16' HEIGHT
21401 US HWY 169
NORTH ELK RIVER, MN
1 SITE LAYOUT -AUTO REC BODYWORKS
V EX1 r=ao
0 30' 60' 90'
PROJECT:190614
1 Oil 1J2019