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7.1 SR 05-16-2022��i it , Elk River Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearin s Ma 16, 2022 Chris Leeseber , Senior Planner Item Description Reviewed by Amendment to Conditional Use Permit: Add Zack Carlton, Community Development Director Reviewed by Auto Repair to a Used Auto Dealer, 10908 171 st Avenue Cal Portner, City Administrator Action Requested Approve, by motion, 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 - h� building for compliance with all state and local building codes. 2. No more than five "for sale" vehicles can be on site at one ul - time. \ 1 cR_ sa . - 3. The five "for sale" parking stalls shall be marked with signage. 4. Auto repairs shall not be allowed outside of the building. 5. A banner sign can only be utilized for 90 days through the city temporary sign permit process. - -- RR Background/Discussion Hwy 10 Case No. CU 22-10 cR 12 The applicant received a Conditional Use Permit on March 21, 2022, (CU 22-06), but he thought that condition #4 stating "auto repairs shall not be allowed" meant retail auto repair. As their updated �P narrative states, their auto repair would be done to get vehicles ready "Y" for sale, which include mechanical work, body work, and detailing %9 vehicles. They are requesting an amendment to CU 22-06 to remove that condition. Figure I Planning Commission The Planning Commission had no questions or concerns about the request and unanimously recommended approval. During the public hearing, no one spoke for or against the request and staff has not received any comments since the commission meeting. The applicant has no concerns with the recommended conditions. The Elk River Vision A n elcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. PR�ERER Ri [NATURE Updated. August 2020 Financial Impact None Mission/Policy/Goal ■ Responsibly grow ■ Ethical, efficient, and responsible ■ Work with citizens to achieve goals Attachments ■ Planning Commission Memo dated April 26, 2022 Ciry nf Elk River Request for Action To Item Number Planning Commission 5.2 Agenda Section Meeting Date Prepared by Public Hearings Aril 26, 2022 Chris Leeseber , Senior Planner Item Description Reviewed by Josh Anderson- Marshall Motors LLC, Zack Carlton, Community Development Director Reviewed by 10908 171st Ave. NW ■ Amendment to Conditional Use Permit CU 22-06 to operate a used automobile dealership and repair autos, Case No. CU 22-10 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 building for compliance with all state and local building codes. 2. No more than five "for sale" vehicles can be on site at one time. 3. The five "for sale" parking stalls shall be marked with signage. 4. Auto repairs shall not be allowed outside of the building. 5. A banner sign can only be utilized for 90 days through the city temporary sign permit process. Background/Discussion The applicant received a Conditional Use Permit on March 21, 2022, (CU 22-06), but he thought that condition #4 stating "auto repairs shall not be allowed" meant retail auto repair. As their updated narrative states, their auto repair would be done to get vehicles ready for sale, which include mechanical work, body work, and detailing vehicles. They are requesting an amendment to CU 22-06 to remove that condition. The property is zoned Focused Area Study (Subzone H) where vehicle sales and service require a Conditional Use Permit (CUP). Hwy10:� Figure I CR 33 As stated in the previous application CU 22-06, the applicant is seeking a CUP to operate a used car dealership and motor vehicle repair in about 2,000 square feet of space in the existing structure on the subject 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 on Saturday. The existing building has supported several automotive types of businesses. The Elk River Vision P I I E I E I 11 A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATUREI service, and community engagement that encourages and inspires prosperity. Updated. August 2020 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. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions regarding 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 n elfare 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 nvith 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 orderjdevelopment 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 mill not adversely affect essential public facilities and services including streets, police and fare protection, drainage, refuse di posal, avater and sen er ystems, parks and schools; and avill not, in particular, create traffic congestion or interference moth 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 mill 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 co*yvvitb 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. Based upon 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 N Marshall Motors Conditional Use Permit I11st Avenue i Case No: CU 22-10 Marshall Motors is proposing a small used car dealership. We sell used autos and powersports. The location is at 10908 171st 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 that would be used to get vehicles ready for sale, which include mechanical, body work, and detailing vehicles. Signage would include a small banner and parking stall signs. Later we would install a permanent sign to the building. s Centfc Auto Repa f 4 Her I -,y? Construct101 S � r GNU F BUSJNESS'OFFICE .k A. CENTRAL AUTO REPAIR 6 HERITAGE CONSTRUCTION Marshall Motors Conditional Use Permit N Figure 7 V __ q M-,,i-r;_;;ho,rLi.lJ lc)tc)rs Conditional Use, Per iTn't • Fir - lal- Case No: CU 22- 10 ElL*k.=,tz W% River Background ■ Received CUP in March ■ Condition #4 stated "auto repairs shall not be allowed" ■ Thought it meant retail auto repair ■ Their auto repair would be done to get vehicles ready for sale, which include mechanical work, body work, and detailing vehicles Background ■ 1.64 acres ■ FAST (H) ■ Vehicle sales =CUP ■ Utilizing 2,000 sgft -existing Bldg ■ 9 parking stalls assigned ■ Consistent with the Comp Plan ■ Surrounding uses include motor vehicle sales, truck terminals, and industrial uses ■ Several vacant properties in the area, all of which can support similar uses Centre Auto Repair i BUSIN FFICE Lim ARSHALL MOTORS Her' ge CanstruCti Y Y --A . 1 -y CENTRAL AUTO REPAIR 0y HERITAGE CONSTRUCTION 1 Pt& IV - 4 ti For � •ai 4 customer/emp 1 f 4 0 entral Auto Repair itk- _ 7- - - I 2-3 for =ritage Constructio w CUP Requirements ■ PC's analysis of the application shows compliance with six (6) of the seven (7) standards required for approval of the CUP ■ #7 —ensure adequate parking for all businesses on site Planning Commission ■ The PC had no questions or concerns about the request and unanimously recommended approval ■ During the public hearing, no one spoke for or against the request and staff has not received any comments since the commission meeting ■ The applicant has no concerns with the recommended conditions Action Requested ■ Approve, by motion, the CUP with the five (5) conditions outlined in the memo 7 V __ q M-,,i-r;_;;ho,rLi.lJ lc)tc)rs Conditional Use, Per iTn't • Fir - lal- Case No: CU 22- 10 ElL*k.=,tz W% River Centre Auto Repair i BUSIN FFICE Lim ARSHALL MOTORS Her' ge CanstruCti Y Y --A . 1 -y CENTRAL AUTO REPAIR 0y HERITAGE CONSTRUCTION 1 Pt& IV - 4 ti For � •ai 4 customer/emp 1 f 4 0 entral Auto Repair itk- _ 7- - - I 2-3 for =ritage Constructio w