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5.2. PCSR 02-25-2020Request for Action To Item Number Planning Commission 5.2 Agenda Section Meeting Date Prepared by Public Hearings February 25, 2020 Chris Leeseberg, Senior Planner Item Description Reviewed by Racin’ Repair – Jason Ryan – 14115 Ranch Rd. NW Zack Carlton, Planning Manager Conditional Use Permit to operate an auto repair Reviewed by facility, Case No. CU 20-04 Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The building shall be inspected by the city’s Building Official and Fire Marshal to verify compliance with all building and fire codes and identified violations must be addressed prior to issuance of new building permits for the property. 2. Nine (9) parking stalls shall be provided a minimum of 10 feet from any property line. 3. All driving areas and parking areas shall be paved with an approved surface (asphalt, concrete, or class 5). 4. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter. 5. Any future proposed hardcover shall meet the 45-foot wetland setback. 6. 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. 7. Follow Minnesota Pollution Control Agency (MPCA) guidelines for chemical waste and secondary runoff controls. 8. There shall be no repair or maintenance of vehicles outside of the building. 9. All openings to the accessory structure be closed when the business is in operation. 10. Car, truck, RV, and marine sales shall not be allowed. 11. All vehicles stored on the premises shall be stored within an area which is screened by a 6 (six)- foot high 100% opaque fence. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Background/Discussion The property is zoned R1a where Home Occupations within an Accessory Structure require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a motor vehicle repair shop in an existing 2,560 sqft detached accessory structure (shop) on the subject property (14115 Ranch Road). Motor vehicle repairs outside of the Urban Service District are allowed as a Home Occupation in residential districts. The application has been operating the shop full time for 8 years and part time since 1995. The city recently received an inquiry regarding the use and contacted the applicant to inform him that a CUP was required. The city has not received any complaints or police calls regarding the operation of the business. West of the subject parcel is a 21.60-acre undeveloped parcel (owned by Great River Energy) and a 39.52- acre undeveloped parcel across the road to the south. The property directly the east is 11.68-acres in size and contains a single-family home approximately 980-feet from the shop. The property east of the 11.68- acre parcel is a 45.38-acre vacant parcel. Another residence, to the southwest, is approximately 730 feet away from the shop. Applicable Regulations 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: 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. Most of the properties in the immediate vicinity are vacant or the house structures are set back a significant distance. 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. The city has not received any complaints or police calls regarding the operation of the business. Staff does not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the Comprehensive Plan. The property is guided for single family residential uses where home occupations are allowed. It will be consistent with the Comprehensive Plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. While there are several vacant properties surrounding the subject parcel, the use, with the proposed conditions, should 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. 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 and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. While the use will not adversely affect essential public facilities, staff does recommend all septic systems 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. This property has a wetland basin on the northeast and east portion of the property and extending to cover much of the north portion of the property. The existing buildings do not meet the wetland setback requirements. Any future proposed hardcover would need to meet the 45-foot wetland setback and total hardcover for the site should not exceed 25% due to the location in the shoreland district. Given the nature of this business, there are concerns about protecting the wetlands on site. The applicant should make improvements to the site to ensure materials from the business do not negatively impact the wetland, including eliminating any potential runoff. It is recommended the applicant follow Minnesota Pollution Control Agency (MPCA) guidelines for chemical waste and secondary runoff controls. 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. Traffic, noise, fumes/odors, parking, and hazardous materials can be detrimental if not accounted for. To help mitigate noise concerns, staff is recommending there be no repair or maintenance of vehicles outside of the building and all openings to the accessory structure be closed when the business is in operation. The ordinance requires parking for auto repair to be one parking space for each 300 square feet of floor area (2,560/300 = 9 stalls) and all parking area shall be set back 10-feet from property lines. Section 30-900 states all off-street parking areas and access drives shall be paved with asphalt, concrete, pavers, or Class V compacted to maintain a dust free surface. Section 30-901 states all driving areas and parking areas shall be bounded by B612 concrete curb and gutter. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. While staff is recommending site work, no additional buildings are being proposed. With the proposed conditions, the use should not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Any future proposed hardcover would need to meet the 45-foot wetland setback and total hardcover for the site should not exceed 25% due to the location in the shoreland district. 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. While this application is a Home Occupation in a residential zone, the use operates no differently than a commercial business in a commercial zone. The building code does not differentiate between a business operating with only one person (the owner) versus multiple employees working in the space. If a single-family-zoned parcel has a cabinet making home occupation, should it follow all building codes and regulations a commercial cabinet making business does in a commercial zone? The building code would state yes. City staff has struggled with how to interpret this regarding approved conditional home occupations. Does the structure need to be designed by a licensed architect, per ordinance, to ensure all building codes and regulations are met to protect employee(s) and customers; does it need to meet ADA compliance for access and restrooms; does it need a fire suppression system; how are hazardous/flammable materials stored and disposed of; or should Home Occupations be exempt from the building and fire codes? This criterion (#7) for approval of a CUP says: 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. Staff understands treating a Home Occupation like a “regular business” has additional financial and time encumbrances, but staff also understands other “regular businesses” need to endure these financial and time encumbrances to operate. As the City Council often approves the following condition on a CUP, “the building shall be inspected by the city’s Building Official and Fire Marshal to verify compliance with all building and fire codes…”, staff is seeking direction from the Planning Commission and City Council on how to fairly treat a home occupation. Staff recommends full compliance with all commercial building code requirements. 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 March 23, 2020. Council Meeting If acted on, this item will go to the March 16, 2020, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Plan  Building Plan Racin Repair Inc is a 5 bay auto repair shop that focuses on building relationships in the community. I’m open Monday thru Friday from 9am to 5:30 pm. I have one employee, myself. There are 7 parking spaces in front of the building and 5 to the east side of the building. I do oil changes, engines, suspension, brakes, exhaust, transmissions and all systems that support a vehicle’s mechanical & electrical systems. I’m an ASE Certified Master Automobile Technician with over 30 years of experience. My customers are mostly from Elk River, they’re my neighbors, my neighbor’s friends and family, they’re also other business owners in the community. I pride myself in providing superior customer service and helping everyone in the community by providing quality repairs and value for their vehicles. My customers aren’t transactions, they’re relationships built on trust and positive experiences surrounding their repair needs. I also help people keep their classic automobiles working properly and helping them to enjoy their classic cars by improving on their drivability, performance and reliability allowing them to keep a family classic in the family for many years and generations to come. All of my repairs are done with my customers best interest in mind. The foundation of my business is based on long-lasting relationships. I always offer a thorough explanation and education of the repairs to my customers so they can feel confident about the decision they’re making about the repairs.