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6.2. PCSR 03-28-2023Request for Action To Item Number Planning Commission 6.2 Agenda Section Meeting Date Prepared by Public Hearings March 28, 2023 Zack Carlton, Community Development Director Item Description Reviewed by thrd 11 Hour Recovery – Mike Jansons, 9672 163 Chris Leeseberg, Senior Planner St. NW Reviewed by  Conditional Use Permit granting approval of vehicle storage, Case No. CU 23-04 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 parking and driveway area outside of the fenced area shall be bound by B612 curb and gutter. 2. All parking and drive areas must be finished with an approved surface – bituminous, concrete, or compacted class 5. 3. The fence line parallel the city street must be improved to include a 100% opaque covering. 4. All areas not identified for parking or drive areas shall be restored and maintained as turf grass in accordance with city standards. 5. Outside of short-term staging requirements, there shall be no storage of vehicles outside of the fenced area, to include the city street, exterior parking area, and landscaped areas. 6. This CUP only authorizes the storage of vehicles within the fenced area. Residential or office uses are not authorized as part of this permit. 7. All conditions of this CUP, including turf establishment, curbing, stormwater improvements, and removal of all operations/parking outside of the fence, shall be completed by June 30, 2023. 8. Staff approval of all site and civil plans. Background/Discussion The subject property is in the southeast corner of the city, west of Jarvis Street and generally south of the Youth Athletic Complex. The site is 1.61 acres in size and much of the proposed parking and fenced area are already in place. The previous owner had initiated the operation without the proper permits or city approvals. The applicant acquired the property and business and is looking to bring the business into compliance with city standards for a vehicle storage business. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 The property is zoned General Industrial (I-3) where vehicle storage business are permitted with a conditional use permit. The proposal includes a fenced storage area of approximately 41,000 square feet, a driveway, and a small parking area for employees and customers. There are no buildings, temporary or permanent, proposed with this application. The site plan also includes a stormwater pond in the southeast corner of the fenced area. This is not currently in place but is a required improvement to meet the city’s stormwater standards. The rest of the site includes maintained turf grass. Hours of Operation The hours of operation vary based on business needs. Vehicles may be delivered by tow-truck operators 24-hours per day, but customer pick-up of vehicles or belongings occurs during daytime business hours. The site will not be regularly staffed and is generally an overflow for their main facility in Minneapolis. 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. The vehicle storage and repossession business generally operates as a towing business with short-term storage on-site. The business abuts a towing company to the east, an outdoor storage area to the south, and a salvage yard to the southwest. The city owns the property abutting the western property line and is included in the long-term plans for expansion of the Youth Athletic Complex. The proposed use is generally consistent with businesses in the surrounding area and will not endanger or detrimentally affect the use and enjoyment of other properties in the immediate vicinity. 2. Will be consistent with the comprehensive plan. The property is guided for Industrial Uses and the use is consistent with the industrial zoning and comprehensive plan guidance. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The city owns the only vacant property in the general area and the city’s plans seek to improve the parcel for future park needs. 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 vehicle storage use will generally be of low impact to the neighborhood. However, the nature of the business has the potential to generate additional police calls to the area due to theft and vandalism. The police department is aware of the location within the city, but does not have any additional standards to place on the operation. Stormwater improvements, however, are a requirement for this property. Submitted plans identify two stormwater ponds that will be constructed as part of this project. 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. The proposed use will not involve uses or activities that could be detrimental to any persons due to traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The majority of the vehicles stored on-site will be operable and don’t pose significant environmental risks. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Prior to development the site included a grass field and a wooded area along the west property line. Improvements removed the field, but much of the tree line remains in place as a buffer between the city property. Staff does not see a need to impose specific conditions to satisfy this standard. 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. The use was initially constructed and operated as an illegal use and the current application is intended to bring the site and use into compliance with city standards. The majority of the conditions of approval address the existing and proposed improvements that are not currently in compliance with city codes. Satisfaction of these conditions will bring the property into compliance and would then be considered a legal-conforming use. As this property has been, and continues, to operate, staff included a deadline of June 30, 2023, to bring the property into compliance by completing the site plan improvements and conditions of approval. This deadline may only be extended by written approval from the City Council. 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  Support the growth and development of the business community. Attachments  Location Map  Applicant’s Narrative  Site Plans 11th Hour Recovery is a recovery and repossession company that seeks out and recovers property. Approximately 80% of property arevehicles (SUVs, cars, vans, etc.); the remaining 20% of property are RVs, ATVs, snowmobiles, boats, etc. Customers include the financial arms of Chase, CapitalOne, Ford Motor credit, title companies, credit unions, etc. Vehicles are identified and repossessed by tow trucks and brought back to secured storage on site. The maximum any vehicle stays on site is seven to ten days. Company employees or contracted transporters bring the vehicles back to the site. All vehicles are licensed and operable. Because of the site size and limitations, occasionally vehicles are stored on the street and staged for pick-up by transport. Vehicles are never on the street for more than six to seven hours. Once vehicles are picked up, they are transported to auction. 11th Hour Recovery’s main facility is located in NE Minneapolis; this location is simply an overfill site for additional vehicles. There are approximately 60 to 80 vehicles on site per month. There is no normal business activity with the public conducted on site. This application is for a CUP for automobile storage without the office component. What is being proposed? Mike Janson’s purchased the property in 2021, and the prior owner did not pull any permits for the site. Mr Janson has been working with the city to ensure all applicable permits are applied for, and zoning ordinances are complied with. Mr. Janson is installing an 2,100 sq. ft. entrance with approximately 400 sq. ft. of rock, and improving the parking with impervious surface acceptable to City standards. The addition of two stormwater ponds will be constructed on the NE corner and Southern portion of the property to properly manage stormwater runoff. The temporary office will be removed as there is no office activity conducted on site. How is the request consistent with the City of Elk River Comprehensive Plan? The Land Use map guides this parcel as Industrial, and the parcel is currently zoned I-3, which is consistent with the City of Elk River’s Comprehensive Plan. Hours of Operation This business is not open to the public; the property is used to temporarily park vehicles. There are no hours of operation for the storage facility seeing as it is not open to the public. Number of Employees 11th Hour recovery has fifteen employees, ranging in salary from $46,800 to $150,000 per year, or $24 to $75 per hour. All employees are full-time and headquartered out of the NE Minneapolis headquarters. Number of parking stalls, existing and additional Approximately 43,560 square feet will be resurfaced.