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7.3 SR 08-15-1994 r! ~"-( ( iI Ill< River ITEM 7.3. MEMORANDUM FROM: MAYOR AND CITY COUNCIL GARY SCHMITZ, PLANNING ASSIST. G,~ TO: DATE: AUGUST 15, 1994 SUBJECT: CONDITIONAL USE PERMIT REQUEST BY L & W LIMITED LIABILITY COMPANY, PUBLIC HEARING, CASE NO. CU 94-27 REQUEST A conditional use permit to operate an auto body repair and auto-truck frame repair from the existing Cody Square Building. LOCATION . All of that part of the SW 1/4 of the SW 1/4 of Section 2, Township 32, Range 26, Sherburne County, MN. A complete legal description is available at City Hall (Cody Square Building, 11061-173rd Avenue, Elk River) ZONING / LAND USE C3 (Highway Commercial) / HB (Highway Business) ATTACHMENTS Letter from Terry Maurer dated August 11, 1994, Report to Planning Commission dated July 26, 1994 BACKGROUND L & W Limited Liability Company is requesting a conditional use permit to operate an auto body repair shop and frame repair shop from the existing Cody Square Building. L & W Limited Liability Company is comprised of Deano's Collision Specialists who have been in the City of Elk River since 1977 and Precision Frame and Alignment, current tenant in Brooklyn Center. . P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 L & W Limited Liability August 15, 1994 Page 2 . The Cody Square Building was built in 1987 and has been used as an office building for a number of different uses. The applicant proposes to remodel the interior to accommodate his auto repair business and frame shop. The details of this request are included in the attached report to the Planning Commission. DRAINAGE City Engineer Terry Maurer has reviewed the drainage plan submitted by L & W Limited Liability. His comments are located in the attached letter dated August 11, 1994. PLANNING COMMISSION RECOMMENDATION At the July 26, 1994, Planning Commission meeting there was no opposition to this request and the Planning Commission concurred with staffs eight conditions for granting a conditional use permit. One point of clarification by the applicant was that neither business works on heavy equipment, therefore, the scope of the businesses will consist of passenger vehicles. . RECOMMENDATION Staff recommends approval of the conditional use permit for L & W Limited Liability Company to operate an auto repair and auto frame repair business with the following conditions: 1. ALL GROUND AREAS NOT DEVOTED TO BUILDING OR BITUMINOUS SURFACE BE PLANTED WITH SOD TO MINIMIZE EROSION. 2. THE ENTIRE PARKING AND DRIVEWAY AREA BE BOUND BY B612 CONCRETE CURB AND GUTTER. 3. THE EXISTING PARKING LOT BE REQUIRED TO MEET THE TEN (10) FOOT PARKING SETBACK FROM ALL PROPERTY LINES. 4. THE APPLICANT WORK WITH THE BUILDING OFFICIAL TO ENSURE THE BUILDING MEETS ALL BUILDING AND FIRE CODES PRIOR TO ISSUING A BUILDING PERMIT. . 1&w.council L & W Limited Liability August 15, 1994 Page 3 . 5. THE APPLICANT PROVIDE THE CITY WITH AN ACCEPTABLE DRAINAGE AND GRADING PLAN FOR THE SITE PRIOR TO THE CITY COUNCIL MEETING. 6. THE CHAINLINK FENCE LOCATED ON THE NORTH SIDE OF THE PARCEL BE UPGRADED WITH A DURABLE OPAQUE MATERIAL APPROVED BY STAFF. 7. AN UNDERGROUND IRRIGATION SYSTEM BE REQUIRED WITHIN TWO (2) YEARS OF APPROVAL. 8. PERMITS FROM THE MINNESOTA POLLUTION CONTROL AGENCY BE RECEIVED PRIOR TO ISSUING A BUILDING PERMIT. . . 1&w.council M~ CONSULTING IlNGlNEERS ClVlifNGINEERJ.I\j'G ENVlRONA1ENTA1 hWN,ICIPAI ptANNI",'G STRUCTURAl .SURVEY!,~'G TRAFfiC TRANSPORTATION 1326 Energy Park Drive St. Paul, MN 55108 612-644-4389 Fax: 612-644-9446 . 9800 Shelard Parkway Minneapolis, MN 55441 612-546-0432 Fax: 612-544-6398 August 11, 1994 File: 230-204-11 Mr. Gary Schmitz City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: DEANO'S COLLISION SPECIALTIES SITE PLAN REVIEW Dear Mr. Schmitz: As requested, we have reviewed the Deano's Collision Specialties site plan relative to drainage considerations. As you are aware, this is an existing site on the north side of l73rd Avenue east ofTH 10. The conversion of the site to the use of Deano's Collision Specialties consists primarily of modifications to the building. The existing drainage from the site has always run to the northeast comer and onto the adjacent properties. We have no knowledge of the history of the site as to when it was originally developed and why the determination to convey drainage this direction was made. We also know of no concerns over the life of this site relative to drainage flowing in this manner. Therefore, we believe that the drainage has been adequate in the past and should be adequate for the current use proposed for the site. None of the modifications to convert the site for Deano' s use will increase the amount of drainage nor will it change the drainage patterns. If you have any questions regarding this information, please call. Sincerely, MSA, CONSULTING ENGINEERS -~~~~ Terry J. Maurer, P.E. TJM:tw 204-1101.8.ug r! ~"-( ( iI t{fll{; River . @@/fiJr AGENDA ITEM 5.3 MEMORANDUM TO: PLANNING COMMISSION G"~ FROM: GARY SCHMITZ, PLANNING ASSIST. DATE: JULY 26, 1994 SUBJECT: CONDITIONAL USE PERMIT REQUEST BY L & W LIMITED LIABILITY COMPANY, PUBLIC HEARING, CASE NO. CU 94-27 REQUEST - A conditional use permit to operate an auto body repair and auto-truck frame repair from the existing Cody Square Building. LOCATION . All of that part of the SW 1/4 of the SW 1/4 of Section 2, Township 32, Range 26, Sherburne County, MN. A complete legal description is available at City Hall (Cody Square Building, 1l061-173rd Avenue, Elk River) ZONING 1 LAND USE C3 (Highway Commercial) 1 HB (Highway Business) ATTACHMENTS Location Map, Zoning Map, Site Plan, Landscape Plan, Building Elevations, Letter from Applicant BACKGROUND . L & W Limited Liability Company is requesting a conditional use permit to operate an auto body repair shop and frame repair shop from the existing Cody Square Building. The original proposal also requested multiple principle buildings on this parcel, however, the applicant has amended his proposal to add an additional thirty (30) feet onto the existing building. L & W Limited Liability Company is comprised of Deano's Collision Specialists P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 . (612) 441-7420 . Fax: (612) 441-7425 L & W Limited Liability July 26, 1994 Page 2 --------.------------------------- . who have been in the City of Elk River since 1977 and Precision Frame and Alignment, current tenant in Brooklyn Center. The Cody Square Building was built in 1987 and has been used as an office building for a number of different uses. The applicant proposes to remodel the interior to accommodate his auto repair business and frame shop. LANDSCAPING When the building was constructed, the landscape standard was less restrictive than they are today. The landscaping ordinance requires twenty- eight (28) trees to be planted throughout the site. The landscape plan submitted by the applicant does indicate twenty-eight (28) shade trees of various species'. Therefore, the landscape plan is in compliance with City code. All areas not devoted to building or bituminous surface should be landscaped with sod to limit erosion. Staff -also recommends an underground irrigation system be installed for maintenance purposes. Since the applicant is working with an existing building, a two (2) year time frame is recommended for the installation of all the landscaping with the exception of sod. . DRAINAGE The applicant is currently working with John Oliver & Associates to complete a drainage plan for the site. Since the applicant is working with an existing building, staff does feel comfortable requiring an acceptable drainage plan be submitted prior to the City Council meeting. PARKING . The existing parking area is not bound by concrete curb and gutter and does not meet a ten (10) foot parking setback from the property lines in all areas. Staff recommends concrete curb and gutter be used throughout the entire parking area. Curb and gutter is used to facilitate the drainage of storm water across the parking lot, protect landscaped areas, and enhance the appearance of the site. Other new businesses in the immediate area have been required to bound their parking areas with concrete curb and gutter, therefore, this requirement would be consistent with past actions. Staff also recommends the parking lot meet the required ten (10) foot setback in all areas. The site plan does show a fifteen (15) foot parking lot setback however, the applicant has indicated he would like to reduce the setback to ten (10) feet. l&w.pc L & W Limited Liability July 26, 1994 Page 3 ------.------.-.------------------ . The Cody Square Building was originally built as a commercial office building. Commercial office buildings require more parking than an auto body repair shop requires. There are seventy-four (74) existing parking spaces located at the proposed site. Elk River City Code requires four (4) parking spaces plus two (2) parking spaces for each service stall. This use would require twenty-two (22) parking stalls. There will be some parking stalls lost due to the proposed expansion of the building, which will encroach on the rear parking lot. Parking stalls will also be decreased due to the applicant being required to meet the ten (10) foot setback standard. The site plan shows nineteen (19) parking stalls, therefore, three (3) additional stalls will be required. Three (3) additional parking stalls should be available for employees in the fenced area on the north end of the parcel. BUILDING . The existing building is 60 feet by 120 feet (7,200 square feet) in size. The applicant is proposing to add thirty (30) feet on the north side of the building increasing the size to 9,000 square feet. The existing building exterior is constructed of wood and metal skin siding and the proposed addition will be a continuation of this exterior. The C3 (Highway Commercial) zoning district does require that 75% of the exterior be constructed of an approved finish. Metal skin siding is not an approved finish, however, staff would not object to the thirty (30) foot addition being constructed with materials similar to the existing building in an effort to keep the building elevation consistent. The applicant is proposing to add several overhead doors throughout the building. Seven (7) overhead doors will be located on the west elevation, two (2) on the north elevation, and one (1) on the south elevation. BUILDING CODE . According to the Building Official, the building may require a sprinkler system for fire suppression. This area is currently not serviced by City water and sewer, therefore, a suppression tank may need to be added to meet this requirement. The applicant has been informed of this requirement and is working with the Building Official. The applicant is also aware of the possibility of extending City services to this area, which would result in assessments to the subject property. Until City services are available, this use will have to use a drainfield and septic tanks to handle the discharge of waste water. The Minnesota Pollution Control Agency (MPCA) has stringent requirements regarding the collection and treatment of non-domestic liquid waste that results from auto repair facilities such as the proposed use. Appropriate permits will be required prior to the site being used for an auto repair business. l&w.pc L & W Limited Liability July 26, 1994 . Page 4 ...-.------------------.---------- . OUTDOOR STORAGE The applicant has requested that outdoor storage be allowed for a limited number of vehicles (on the north side of the existing building). This area is shown on the site plan and encompassed by a chain-link fence. The applicant has indicated that approximately four (4) vehicles would be in this area at all times. These vehicles would be waiting to be serviced or picked-up by customers. The C3 (Highway Commercial) zoning district does not allow any type of outdoor storage as a permitted or a conditional use. However, staff does recognize the need for outdoor storage for a use such as this and would feel comfortable in allowing screened outdoor storage. The applicant has indicated a fenced area along the north side of the parking lot. If this request is approved, staff recommends the chainlink' fence be upgraded with a durable opaque material to provide a 100% screened storage area. RECOMMENDATION Staff recommends approval of the conditional use permit for L & W Limited Liability Company to operate an auto repair and auto frame repair with the . following conditions: 1. ALL GROUND AREAS NOT DEVOTED TO BUILDING OR BITUMINOUS SURFACE BE PLANTED WITH SOD TO MINIMIZE EROSION. 2. THE ENTIRE PARKING AND DRIVEWAY AREA BE BOUND BY B612 CONCRETE CURB AND GUTTER. 3. THE EXISTING PARKING LOT BE REQUIRED TO MEET THE TEN (10) FOOT PARKING SETBACK FROM ALL PROPERTY LINES. 4. THE APPLICANT WORK WITH THE BUILDING OFFICIAL TO ENSURE THE BUILDING MEETS ALL BUILDING AND FIRE CODES PRIOR TO ISSUING A BUILDING PERMIT. 5. THE APPLICANT PROVIDE THE CITY WITH AN ACCEPTABLE DRAINAGE AND GRADING PLAN FOR THE SITE PRIOR TO THE CITY COUNCIL MEETING. . l&w_pc L & W Limited Liability July 26, 1994 Page 5 ---------------------------------- . THE CHAINLINK FENCE LOCATED ON THE NORTH SIDE OF THE PARCEL BE UPGRADED WITH A DURABLE OPAQUE MATERIAL APPROVED BY STAFF. 7. AN UNDERGROUND IRRIGATION SYSTEM BE REQUIRED WITHIN TWO (2) YEARS OF APPROVAL. 6. 8. PERMITS FROM THE MINNESOTA POLLUTION CONTROL AGENCY BE RECEIVED PRIOR TO ISSUING A BUILDING PERMIT. . . l&w.pc r , \ ~?\ - , ~ ~\ "" \!J .". . ~ i , . -<~ > f i< _ I \ L:.~~i i~/Dlr '" , 1:------' I.F '" I. '" I I I - '" U f "" ~jr' J(~f:':iT(Ul ~L I LOCATION AVENUE ..,. ~, ?D'; ;:;'-- ."- r.r: S' 2 ':'. Ii:,: ;, d ~j ......,. \=.' ".:., 'I;; \\\\ Ii 1 -, I ..' ;"j". --.;., ~ LOCATION MAP ~ @ . .....\<::--..,.Jt... ....\...'1~.. . x>' . . '-:'o'f:; ...\> 74TH 173RD 172ND 1715T 170TH .,......:~ 169TH ...,.......... ..... .(, .:-:.:.:< :.<:. , . . . .. . ,~. . :; .:.:-:-:: :~:. Cfl :.::::: 168TH ':::: ..; _. .oJ ..;.: .... ~ 167TH \ 1Siii_ 1m _... Coooomollon b......,__ IBi!l_F__ IBi9_F__ ~"""F_,_ 18iOI_____ \ , / ! .~ ___-V- s r I<:.I[ViH'~ % ((', /' ~ \ ,- .=:: \:., ::: T ;,~ I u..:,:- I L____.,__ I '. : ., ~ ~ .. [...-- ZONING 'MAP ~---...;;:.--- - , Biil___ IBID TG'WnI'lOae/MuttlPtt F*nIty RHkMqu.l lBil Ml.IlUpM FMnlty RuidwdJal ~ PI..-d UnI, 0, liar ._.l Il:II Cannl """""-"" IQJ 0'Iloo """'" lQJ_c:..m..cIal OIl U"" __ OIl M.dAm h1u"trial m:1!i .... _ I'odIly [6IJ ~ T_ ~ M_..I E=awtlon ~ W . CASE / River P.O. Box 490.13065 Orono Parkway. Elk River, MN 55330. (612) 441-7420 ,~. ....\.....~- ;~ :;" i~ L (: . PLAT MAP " - " '-'. ..~ ,. . ,~: t'" ~'l --( .'., 1.60, ":.. ~::. ~ T>-<' ACRes '- : y'''' .":.::fh~~. - . - 150.00'- . AVE; NW ... / '13 RD XIX L & W LIMITED r- \BILlTY LANDSCAPE PLAN . . \@ "', i:\ ... . c.. ") -~-j , I '~ @ I 1~C>.o' . . . L & W LIMITE[," ~IABILITY SITE PLAN ." -' .. ., . __\.o.';;'J..N~ J ," .....~ ~ . -: "S"-nJ""~""" , . ) . . ... '. .' ... 'r, .. '0" , . ", '- .' " " ..' ., ". ! ' , ~t ,r " .. '~ ~ II '~Oc' ,,' . .' ' ..->....... '. - . ~ . --:.J-~~""~-'~-'~ ------ l.::l'.. . . . L & W LlMITE~ LIABILITY BUILDING ELEVATION . '" ,"' ..." '. ..' , f- "' r: z :; :<( III 1: ~ "- o ;;. v w 01 "- 7 J .J ~ III o 7, 4.- l1J CI -I ,I III I I I1111 ~~ -=:; ....= ~ -.- -- -- "" - --- -"",- '~:l' ~ '.;" , a =~"l ~ ~ ~.. 0 ...'\: \'. i~..~ ~ ~ ~ ~~ .. -:>- ~ h~' -, , ::-..." f ~ ~ D . ~. ...!E ,5. . '. . .' l' , . ..- , \ . TO WHOM IT MAY CONCERN, DEANO'S COLLISION SPECIALISTS, INC.: DEANOS IS IN THE BUSINESS OF COLLISION REPAIR ON CARS, & LIGHT DUTY TRUCKS. DEANOS HAS BEEN, IN THE AREA SINCE 1977, WE HAVE OWNED THE BUSINESS FOR THE PAST TEN YEARS. THE PURPOSE TO RELOCATE IS FOR A LARGER FACILITY TO BETTER HANDLE THE GROWTH OF OUR BUSINESS AND THE ELK RIVER AREA. ' PRECISION FRAME & ALIGNMENT, INC.: PRECISION IS IN THE BUSINESS OF FRAME REPAIR & WHEEL ALIGNMENT .OF CARS, & LIGHT DUTY TRUCKS. CURRENTLY THEY ARE TENNANTS IN THE BROOKLYN CENTER AREA. THEY WILL BE RELOCATING THERE BUSINESS TO CODY SQUARE. BOTH BUSINESSES WILL BE OPERATING OUT OF THE CODY SQUARE BLDG. THE BLDG. WILL NO LONGER HAVE RENTAL SPACE. DEANOS & PRECISION WILL TOTALLY OCCUpy THE PRESENT BLDG. (INCL. THE BLDG. ADDITION). .