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5.1. PCSR 09-26-2023Request for Action To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Public Hearings September 26, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Tanya Boch, Sales Ramp LLC – 15777 Jarvis St. Zack Carlton, Community Development Director NW Reviewed by  Conditional Use Permit to allow Motor Vehicle Sales, Case No. CU 23-20 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 Conditional Use Permit shall not be recorded until all conditions have been completed. 2. An amendment to this Conditional Use Permit will be required for future changes/additions not shown on the site plan dated September 26, 2023. 3. The applicant and/or property owner must apply for all required commercial building, electrical, plumbing, and/or mechanical permits before any associated activities can occur. 4. A code analysis finding building code compliance for the areas approved for use under this CUP shall be prepared by an appropriate registered professional. 5. No outdoor storage of damaged or inoperable vehicles shall be allowed. 6. Hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution Control Agency (MPCA). 7. The parking lot shall be striped to city requirements for the required parking stalls. Background/Discussion The property is zoned Planned Unit Development (PUD) where motor vehicle sales require a Conditional Use Permit (CUP). The applicant is seeking a CUP to store and sell automobiles/ SUVs small pickup trucks as well as bumper and utility trailers within 10,000 square feet of the existing structure. Auto repairs are not being proposed with this application. Most of their inventory will be stored inside of the building and outside in 15 of the existing parking stalls. The auto sales will be open Monday-Friday 9:00 a.m. – 5:00 p.m. and by appointment on Saturdays. 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 Parking City ordinance states:  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.  Office building: one parking space for each 300 square feet of floor area.  The state also requires “display area” for a minimum of 5 vehicles per dealer. Parking (Sales Ramp LLC) The auto sales floor area is 8,730 square feet, requiring 17 parking stalls and the sale lot area is 2,430 square feet, requiring 1 stall. The state also requires five stalls per dealer, resulting in the need for 5 parking stalls. The total required parking stalls is 23. The site plan shows 23 parking stalls, and the lot shall be striped to city requirements. 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 proposed car dealership is compatible with the other industrial businesses in the area. The applicant and/or property owner shall ensure vehicles stored on the parking lot do not leak fuels or other hazardous materials. With these measures, the proposed motor vehicle repair shop should 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. 2. Will be consistent with the Comprehensive Plan. The property is guided as Industrial and the industrial use category includes both heavy and light industrial businesses such as manufacturing, warehousing, and excavation. These uses are primarily located off of Highway 169, Highway 10, and the BNSF Railroad which provide easy access for the transferring of goods throughout the region. Staff do 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. The surrounding area is developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff do 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 property 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 do not see a need to impose specific conditions to satisfy this standard. 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 sale of motor vehicles 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 do not see a need to impose specific conditions to satisfy this standard. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The site is already developed and is used for industrial uses. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do 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 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 do not see a need to impose specific conditions to satisfy this standard. 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  Work with citizens to achieve goals Attachments  Location Map  Applicant’s Narrative  Site Plan  Architectural Plan CU 23-20 Narrative Sales Ramp LLC will be open Monday-Friday 9am-5pm and per appointment on Saturdays. We intend to use this property to store and sell automobiles/ SUV's small pickup trucks as well as bumper and utility trailers. Vehicles will be parked in 15 existing stalls. We are planning on starting operation with 2 employees and will hire more if need be. At this time we are not installing signage but if it's necessary and required will do so per City's permission. We are not planning on installing screening at this time. Majority of our inventory will be stored inside of the building.