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5.5. PCSR 02-27-2024it ci Elk* River Request for Action To Item Number Planning Commission 5.5 Agenda Section Meeting Date Prepared by Public Hearings February 27, 2024 Chris Leeseberg, Senior Planner Item Description Reviewed by Auto-Rec Bodyworks Inc. — Ric Haugland, 21475 US Zack Carlton, Community Development Director Reviewed by Highway 169 NW ■ Amendment to Conditional Use Permit CU 19-14 to allow home on property to remain, Case No. CU 24-02 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. Approved Conditional Use Permits CU 16-09 & CU 19-14 shall be terminated and become void. 2. The buildings shall be inspected by the city's Building Official " Ji cR as . and Fire Marshal to verify compliance with all building and fire codes. 3. All septic systems must provide a certificate of compliance or notice of noncompliance, for the existing septic system, and RR must be signed by a licensed inspection business or by a y qualified employee certified as an inspector who is authorized Hwy by the local unit of government. The certificate of compliance eR 12 or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 4. There shall be no repair or maintenance of vehicles outside of �P the buildings. y�y 5. All customer vehicles shall be stored inside structures or within the screened outdoor storage area as shown on the staff site plan dated February 27, 2024. 6. The outdoor storage area shall be completely enclosed with a Figure I six-foot high 100% opaque fence by April 1, 2024. Gates shall be closed when not in use. 7. There shall be no repair or maintenance of vehicles outside of buildings. 8. Car, truck, RV, and marine sales shall not be allowed. 9. The Conditional Use Permit must be recorded by April 15, 2024. Recording As the property is currently being utilized without the prior CUP'S being recorded, the city needs assurance the The Elk River Vision P I I E I E I I Y A n elcoming community avith revolutionary and spirited resourcefulness, exceptional [NATUREI service, and community engagement that encourages and inspires pro perity. Updated. January 2023 property will become compliant in a reasonable timeframe. Upon approval, this CUP shall be recorded by April 15, 2024, or the city may begin the revocation process. Background/Discussion The property was rezoned to Highway Commercial eight years ago and received two Conditional Use Permits (CUPs), one in 2016 and another in 2019. Neither CUP has been recorded with the county as the property owner has received several extensions to continue finalizing the project. A condition of approval for CU 19-14 was the 1,500 square foot office/house structure shall be removed by October 21, 2021. To date, this has not occurred. The applicant is requesting an amendment to their existing CUP (CU 19-14) to allow the office/house structure to remain utilized as an office. The structure has already been converted into office space and the applicant will need to obtain the proper commercial building permits for that work. Other than the addition of the office building, nothing else will be changing from what was previously reviewed and approved. The property is zoned Highway Commercial (C3) where auto body repair requires a CUP. The property is bound by US Highway 169 on the west with a commercial concrete business across the highway, two properties the applicant owns to the south, and ERX Motor Park, an off -road racing facility, to the east and north. The property contains a pole building at —2,300 sq. ft., an office/house structure at —1,500 sq. ft., and a pole building at — 10,400 sq. ft. Analysis Comprehensive Plan The Gravel Mining Area Land Use, Transportation, and Utility Plan guide the properties for Highway Business uses where commercial uses are allowed and encouraged. The proposed use is consistent with the Comprehensive Plan. Access/Parking Access to the site is off US Highway 169 in the northwest corner of the site. The parking requirement for the proposed office is one stall for every 300 square feet of area. The building is 1,500 square feet in size, requiring 5 stalls. For auto repair, it is also one stall for every 300 square feet of area. The two buildings are 12,700 square feet in size, requiring 53 stalls. The submitted plan shows 45 parking stalls but there is enough area for proof of parking. Section 30-901 states all driving areas and parking areas shall be bounded by B612 concrete curb and gutter. Utilities The septic system for the 10,400 sq.ft. building approved with CU 19-14 meets compliance for the commercial activities. With the change of use of the house to an office, a certificate of compliance may be required, which would require documentation from a licensed designer that the current septic system meets the design requirements of the septic code for "other establishments". Grading/Drainage All areas of impervious surface must be treated. The applicant shall submit, as needed, calculations and designs of stormwater Best Management Practices (BMP's) for the property as-builts. 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 n elfare of the neighborhood or the city. Industrial and off -road racing facilities surround the property. 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 do not see a need to impose specific conditions to satisfy this standard. 2. mill be consistent nvith the comprehensive plan. The use will be consistent with the comprehensive plan which guides the property as Highway Business. Staff do 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. As the surrounding properties are currently being utilized, 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. mill 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 server 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. 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 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 do 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. There are no natural, scenic, or historic features on site. 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. mill fully co*ynvitb 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. The recommended conditions ensure all other state and local standards are satisfied. 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 ■ Work with businesses to achieve goals Attachments ■ Location Map ■ Applicant's Narrative ■ Submitted Site Plans ■ Staff Site Plan dated February 27, 2024 ■ Section 30-807 - Outdoor Storage ■ A list of all previously approved CUP conditions y M 4 � _ _u + '' SITE 1 /25/2024 CITY OF ELK RIVER PROJECT NARRATIVE I am applying for this amendment because the house was a perfect candidate for an office. It is in the center of the complex. It is a small, prefabbed house on block with no stairs going to the separate level. The structure has been vacant for over three years with residency. Bathrooms are ADA compliant and has only 2 bedrooms for separate offices. The entrance has a courtesy ramp in front and ADA ramp in back with handicap parking next to it. The house was set up for handicap residents till they passed. SINCERELY, RICK HAUGLAND I, STORM WATER TREATMENT R151N (REMOVE ExRTNO 1 OWN nELO) >$ K ;Eti W °£6 O �Zgu y �d$u Re�ceAveO STA YAa� -J99J�]9 o N 87 52'J9' W LEGEND: 1 / SP , PROPOSED EThRGREEN TREE L T*N (mJ -A RUNNING WP11,R CIRIR� o R1DRY WATER\\\ / i�1RFAlYENf R/Slfl REMOVE DRNEWAY� ADA RAMP AOCCERSR (Bf OWNER) a —5, SPILLWAY RETAINING WALL L�23.8• 15.1' Q d v © I�.f A 15.0' I `R�5' v BO 10 © Q CONCRETE PAD CONCRETE PAD i -- _ n \ yo PROPOSED 9,720 SF BUILDING q FFE=3003.0 \ s.o• = PROPORED RAW o RA�EN I 1 I I t ' P `Ap \ ' 1RIRC11 REQRRlG WALL � Iv @� I �\ I m n 3 N 0 x _ �{ �' I comet«erw Fou.11 A-- �`I----------- _�-1LT FENCE I ,. 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CA OM04D TO NELP SMWQE Tr SLOPES B+ O(WERAJ OWX%CTCR �� ., •. �� J - ` R w`� G PP.,•PoSCO SPOT RrAmm ARE TO M TCn Or Cumo uNUTS NMTD OTNi—I Nra-ft Or r.m tM G W' MOW TOP Or C L r �= PAOPOSf09,770Sf PAMOMIS ` \ 1I OTNl7Mllt S+Srry �•ei• FiE-1033.0 \ 1„ R rw...CN cc%-%W ft AmxT LPVL K Pf&.VM ON ALL CONECVIRWIC S.,Cs rf.D SLOKS elm I. t � iRr IW r rs- L � F ��(� I ._,• •- L PAN CAROEN M•/ ROCK WCOT.�CJFN4 PK LCT REIANAIC WALL ' ; .. •• . ^ N'/ USER ON SE SCE • a� k ., W ✓ 'M�/' ''� (--- ,`y-�.• Qu a /,� o/r+Ecr oR>,NEEE PAN Gueoo+ r _ � \� I STORM WATER TREATMENT 8/SIN (REMOVE EXIST! pRNN FIELD) 1 ; / SPILLWAY I t ,D 1 lV T N E y • 10' 'FARKNGS AND DRNEwAYEW'AY SETBACK 4 gm b iz N �S^ 20D 0 13 1poo M For i N 87'52'39• W fo9.00_ - - -- - - Staff Site Plan - February 27, 2024 a'u 'i • 45.7' This is not a survey. i PROPOSED EVERGREEN 182.3' TREE LOCATION 0RE1) 7ANN I r I n Q �"k o Q ?o. s `4. e�. I I 7 ' 1 b o ��STORM WATER77MFATMENT BASIN �r BITUMINOUS CURB r RETNINNC WALLI ' I v { r REMOVE DIKVEWAY� ADA RA.P ACCESS (Br' OWNER) � i t 'x,ITT/ ______-___________' ' �°'� RELOCATE PROPANE TANK aR�rTy mN lag P,p b(RNAL LOCATION By OWNER) "LJ w W // SPILLWAY W I �� �' L.23.8' AV21 RETAKING WALL SSY ! t• b �l I Bt 15.0' i For reference only. This is not a survey. L.7 9' I 0� I ® OONCRETE PAD CONCRETE PAD i b Q — i rr ` r PROPOSED 9,720 SF BUILDING ° FFE=1003.0 Is.D• � ' PROPOSED RAIN GARDEN I I I I I ; T_. d Outdoor storage area " OF $L= I Shall be completely enclosed with a six-foot high 100%opaque fence BACKFor reference only. This is not survey. R.70.0' L.75.9' 55' HDN RUNNING WALL 2 Sec. 30-807. Outdoor storage. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Purpose. It is the intent of this section to establish regulations which allow the outdoor storage materials within the city in a clean and safe manner. Outdoor storage areas must be approved by the city in accordance with the standards outlined in this chapter. (c) Standards. (1) Outdoor storage shall not exceed 50 percent of the parcel area. (2) Approved outdoor storage areas must be paved with an approved surface in accordance with section 30-900(a ). (3) Outdoor storage areas shall maintain the front yard setback established for the district where the use is located. The side and rear yard setback shall be ten feet. (4) Outdoor storage areas shall not be located in designated parking areas or areas striped for parking. (5) Outdoor storage areas shall be completely screened from view within all public rights -of -way and commercial or residentially zoned parcels. This requirement shall include gates constructed of the same screening material that can be closed when not in use. a. Screening must provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. b. Screening shall consist of one of the two following methods. 1. A screening fence of at least six feet and constructed of one or more of the following materials: (i) Wood; (i i) Factory finished metal or vinyl panels; (iii) Chain link with vinyl slats. The slats must be maintained at all times and must be replaced within 30 days at the request of the city. 2. An earthen berm of at least three feet in height with a mixed hedge of evergreen and deciduous plant materials. (i) Plant materials must include a variety of shrubs, ornamental trees, and overstory/evergreen trees. Shrubs must be at least three feet tall at the time of installation and the plan must be approved by city staff. (i i) Earthen berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. (6) Outdoor storage areas abutting an adjacent industrial zoned parcel are not required to be screened. a. Where screening is not required, barrier style curb B612 shall be installed to define the limits of the approved outdoor storage area. (Ord. No. 16-26, § 2, 11-21-2016) (Supp. No. 59) Created: 2023-10-18 09:21:32 [EST] Page 1 of 1 Case No. CU 16-09 1. The CUP shall not be recorded until all applicable conditions have been completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. 4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of required building and sign permits before construction may begin. 5. The building shall meet all building and fire codes. 6. The building shall be inspected by the city's Building Official and Fire Marshal to verify compliance with all building and fire codes. 7. 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. 8. The outdoor parking area shall be completely enclosed with a six foot tall privacy fence. Chain link fencing with vinyl slats are not permitted. 9. All operations must occur within the 2,407 square foot building. There shall be no repair or maintenance of vehicles outside of the building. 10. All comments in the Environmental Memo dated 3-11-16 shall be considered. 11. All comments in the Engineering Division memo dated March 15, 2016 shall be addressed. 12. All comments in the Minnesota Department of Transportation District 3 memo dated March 15, 2016, shall be addressed. 13. Car, truck, RV, and marine sales shall not be allowed. Case No. CU 19-14 1. The approved Conditional Use Permit (CU 16-09) will become void. 2. The 1,500 square foot office/house structure shall be removed by October 21, 2021. 3. The building shall be inspected by the city building official and fire marshal to verify compliance with all building and fire codes and all identified violations must be addressed prior to issuance of any new building permit for the property. 4. 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. 5. All vehicles stored on the premises shall be stored within an area which is screened by a six- foot high 100% opaque fence. 6. There shall be no repair or maintenance of vehicles outside of buildings. 7. Car, truck, RV, and marine sales shall not be allowed.