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5.1. PCSR 02-23-2022 Request for Action Cir•ci Elk - River= To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Public Hearings February 23, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Josh Anderson-Marshall Motors LLC, Zack Carlton,Planning Manager 10908 171st Ave. NW Reviewed by Conditional Use Permit to operate a used automobile dealership, Case No. CU 22-06 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 city's Building Official and Fire Marshal shall inspect the r. building for compliance with all state and local building codes. 2. No more than five "for sale"vehicles can be on site at one CR 33 time. 3. The five for sale parking stalls shall be marked with signage. _A 4. Auto repairs shall not be allowed. �. 5. A banner sign can only be utilized for 90 days through the - - _RR +� city's temporary sign permit process. ^, 4 om 10 v Background/Discussion - CR 12 The property is zoned Focused Area Study (Subzone H) where vehicle sales and service require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a used car dealership in f � about 2,000 square feet of space in the existing structure on the subject ti parcel and plans to utilize seven parking stalls. The applicant will be the only employee at the dealership. The hours of operation would be 10:00 a.m. to 4:00 p.m. Monday through Friday, and by appointment `` Figure I on Saturday. The existing building has supported several automotive types of businesses. The applicant's narrative states signage would include a small banner and will install a permanent sign to the building later. Section 30-859 prohibits banner signs, except as a permitted temporary signs under subsection 30- 867(h). A temporary banner sign can be utilized for no more than 90 days. The Elk River Vision P I I E R E I I Y A welcoming community avith revolutionary and spirited resourcefulness, exceptional [NAWR service, and community engagement that encourages and inspires prosperity. Updated.August 2020 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. 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. The surrounding uses include motor vehicle sales, truck terminals, and industrial uses. 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. mill be consistent with the comprehensive plan. The comprehensive plan guides the property for Highway Business. The highway business category primarily consists of a mix of auto-oriented retail and service businesses, restaurants, and community and regional-scale shopping centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility from these corridors. The use will be consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. mill not impede the normal and orderly development and improvement of surrounding vacant property. There are several vacant properties in the area, all of which can support similar uses. 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. mill be served adequately by and will not adversely affect essential public facilities and services including streets,police and fare protection, drainage, refuse disposal, mater 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 property is located inside the urban service area and will utilize city services. The proposed use is not expected to adversely affect public safety or city services. Traffic impacts are not expected to create excess congestion or wear. Staff does not see a need to impose specific conditions to satisfy this standard. 5. mill 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. The proposal consists of office space use and several parking stalls in the existing parking lot. 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. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. No construction is being proposed 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 coVynvitb 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. Auto sales, trailer sales, marine and boat sales,implement sales,garden supply store, or building materials sales: one parking space for each 500 square feet of floor area. Open sales or rental lots shall also provide one parking space for each 5,000 square feet of land which is to be used for sales and display area. The floor area is 2,000 which requires 4 parking stalls for customers and employees. Base on the submitted plans, this would leave only 5 stalls for the display of"for sale"vehicles. To ensure adequate parking for all businesses on site, staff recommends a condition stating no more than five "for sale"vehicles can be on site at one time. These five stalls shall be marked with signage. 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 Mission/Policy/Goal ■ Responsibly grow ■ Ethical, efficient,and responsible ■ Work with citizens to achieve goals Attachments ■ Location Map ■ Applicant's Narrative ■ Site Plan 171st Avenue Marshall Motors Case No: CU 22-06 �k Conditional Use Permit ERiver Marshall Motors is proposing a small used car dealership. We sell used autos and powersports. The location is at 10908 171 st ave NW ste D, Elk River, MN 55330. It would consist of an indoor/outdoor lot. Hours of Operation would be 10 AM to 4PM Monday through Friday, and by appointment on Saturday. Currently the only person working at this dealership is Joshua Anderson, sole owner. The location includes a warehouse type setting of about 2,000 sqft, and 7 parking stalls outside. Signage would include a small banner and parking stall signs. Later we would install a permanent sign to the building. 1' r- �, _ -'�� +