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5.4. PCSR 09-11-2007City of Elk -~-_, River City of Elk River Item Number REQUEST FOR PLANNING COMMISSION ACTION ~ ' 4 " Agenda Section Meeting Date Prepared by September 11, 2007 Jeremy Barnhart, AICP Item Description Reviewed by Request b y AJ's Complete Automotive for Conditional Use Scott Clark, Permit approval to sell vehicles. Case Number CU 07-24 - Community Development Public Heari Director MN Statute 15.99 (60 day rule) status: The application has been deemed complete as of August 13, 2007. The City must approve, approve with conditions, or deny or extend the review timeline by October 13, 2007. GENERAL INFORMATION: A licant: A 's Com lete Automotive Requested Action Conditional Use Permit to allow car sales Location and Size: Approximately 2.91 acres west of US highway 169, north of Main street, adjacent to the Pizza Hut restaurant. Location Existing Land Use Land Use Plan Designation Current Zoning Property in Question Commercial Highway Business C-3 North Guardian Angels Public/ Semi Public PUD South Burger Time Highway Business C-3 East US Highway 169 -- C-3 West Guardian Angels Public/ Semi Public PUD Case File: CU 07-24 Page Z Introduction AJ Complete Automotive Elk River Auto Mall AJ's complete automotive desires a Conditional Use Permit that would allow them to offer vehicles for sale at their property at 279 Carson Street. Attachments Location Map Applicants narrative Site Plan Action Requested Recommendation of denial for AJ's Complete Automotive, because there is insufficient parking on site to satisfy the parking requirements for the added vehicles. Should the Planning Commission wish to approve the use as presented, staff would encourage the Planning Commission to consider a couple of conditions, including: 1. No parking on the green space between the parking lot and Highway 169 unless that lot is paved with asphalt or concrete and concrete curb and gutter installed. 2. No more than 5 vehicles may be offered for sale. 3. All signage shall be consistent with the sign ordinance. Planning Commission Action Motion by Second by vote Follow Up Overview AJ's Complete Automotive requests a Conditional Use Permit to sell vehicles on the property they lease at 279 Carson Street. Elk River Auto mall is the property owner, represented by John Weicht. Applicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: S:\PLANNING\Case Files\CUP\CU 07-24 AJ's Complete Automotive\Staff report to PC 9-11-07.doc Case File: CU 07-24 Page 3 AJ Complete Automotive Elk River Auto Mall 7. lYlill 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 welfare of the neighborhood or the city. 2. lYlill be consistent with the comprehensive plan. 3. lY/ill not impede the normal and orderly development and improvement of surrounding vacant property. 4. lYlill 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 avill not, in particular, create traffic congestion or interference with tra~ic on adjacent and neighboring public thoroughfares. S. lYlill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. lYlill not result in the destruction, loss or damage of a natural, scenic or historzc feature of major importance. 7. lYlill 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. 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. In the review of the standards for CUP as outlined, it appears that the addition is consistent with all of these standards. Analysis The original CUP allowing the construction of the building was approved in 1994 (CU 94-11). Concerns raised at that time included the loss of green space, parking of vehicles outdoors over night. As was then, the general concern with automotive oriented business is generally the provision of adequate parking, display areas. Comprehensive Plan The existing and proposed land use is consistent with the Comprehensive Plan, as a Highway Business. Transportation/ Parking Streets -Access to the site will be via the northern leg of Carson Street, north of Main street. There is no other access point. Parking - On the subject property, there are 5auto-oriented businesses, including a Tires Plus, Abra, and Enterprise Rent-a-Car. While the Abra is expected to move with their new building at the corner of Co Rd 13 and 3`~ Street, a like use is expected to use the vacated space in the future. Recent inspections indicate that there is insufficient parking to meet the demand of the businesses in the area. It was noted that approximately 15-20 cars were parked on the former grass area east of S:\PLANNING\Case Files\CUP\CU 07-24 AJ's Complete Automotive\StafEreport to PC 9-11-07.doc Case File: CU 07-24 Page 4 AJ Complete Automotive Elk River Auto Mall the building, and that there was very little available parking in the regular lot associated with the building. Adding 4-5 new cars for display would decrease the available parking even more. It appears that there is some agreement with the owner of the Pizza Hut lot to park on their property, which includes the green space (now covered with gravel) between the parking lot and Highway 169. Utilities There is no anticipated impact on the utility network associated with this proposal Recommendation Staff supports a Planning Commission recommendation as outlined above. S:\PL,ANNING\Case Files\CUP\CU U7-24 AJ's Complete Automotive\Staff report to PC 9-ll-07.doc .''~ ~i Location Map N c~ ~;, o{ Elk ~ , River Case Number: CU 07-24 AJ s AUTOMOTIVE MAR-1S-001 E~1 ~ 39 DO~iNT0~1N ~AGUAP. July 30, 2007 ;;, 279 C.111SflN 3T. ELK RIVCP. MN 5533Q Re: Dealer Licensing at the Elk River Auto Mall Location. To Whom it May Concern: ~, petalled Description/scope of protect. We intend to use the dealer licensing to purchase cars for our clients. We want to be able to buy discount cars to repair and sell to our customer base. We only intend to have 4-5 cars in our lot at a time. We do not have intentions of having a car lot on the premises. Hours of Operation: Monday- Friday 7:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. -12:00 p.m. Noon P . 02 Number of Employees: We currently employee 3 full time Technicians. Number of arkin stall existin and additional: We currently have 22 parking stalls in front of the space we are leasing. Is there proposed screening of the site: N/A Proposed building materials: N/A Si na e: We currently have signage on the building. Is there outdoor storage: No What are the impacts to the site: None MAR-1P-2001 ~1~39 DOI~NTOIJN JAGUAR P. a3 Interim Use Permits: Permanent What are the reasons for the proposed Ordinance Amendments: N/A What is the purpose of the Easement Vacation: N/A What has changed to warrant the Land Use and/or Zone Chanee: N/A How compantible is it with surrounding properties: Auto Mall which includes: Tires Plus - Abra Auto Body -Kennedy Transmission -Enterprise Rent-a-Car. 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