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2.2. SR 05-11-2009' ^ J/ Elk REQUEST FOR ACTION River To Item Number Ci Council 2.2. Agenda Section Meeting Date Prepared by May 11, 2009 Jeremy Barnhart, Planning Manager Item Description Reviewed by Request by Ken Dehn/ Monte Howerton fox Conditional Use Permit to Allow Marine, RV and Power Sports Equipment Sales Reviewed by at 17369 Hwy 10 -Public Hearing- Case No. CU 09-13 Action Requested Staff and the Planning Commission recommend approval of the Conditional Use Permit request, as illustrated on drawings dated 4/29/09, with the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required permits. 2. All required licenses shall be obtained. 3. All exterior signage shall require a sign permit. 4. An easement, minimum 24 feet wide, shall be provided for access and utility purposes in the drive along the west property line. 5. All vehicles (boats, trailers, RV, etc) shall be stored on an approved, dust and weed free surface. 6. Fence enclosing the front yard display area shall be wrought iron or design equivalent, to be approved by staff. 7. Any new light poles shall require staff approval. 8. Front yard landscaped island shall be constructed as shown on Exhibit A to protect parked cars along the front of the property, as well as directing internal traffic. 9. Seven trees should be added to the west side of the access drive. Landscaping shall be added around the foundation of the building. All landscaping shall be approved by staff prior to construction. 10. Access drive to the north side of the property shall be treated with an approved. surface, in a dust free, weed free manner. 11. The existing fence should be repaired and relocated to the property line on the east side. 12. A letter of credit in the amount of $50,000 shall be provided as a guarantee to complete these conditions. 13. A temporary cross access easement shall be provided along the north side of the property to preserve access to off site buildings to the east. Summary Monte Howerton is requesting a Conditional Use Permit to operate the Repot Depot, a marine sales business. Based on the proposed sign, RV and power sports equipment would be sold as well. The analysis was based on the existing ordinance. With all conditions being met, Staff believes the use would be consistent with the Ordinance. Staff feels these improvements preserve the community interest and the standards for granting a CUP. Planning Commission Discussion The Planning Commission held a public hearing on May 5, 2009. The Planning Commission discussed the improvements suggested by staff. The Commission felt that the improvements suggested were reasonable, given the proposal. The Commission also felt that the parking lot islands and landscaping were important additions to the development of the area. Public Comment Ken Dehn, property owner, and Monte Howerton, Repot Depot Owner, had objections to the suggestions made by staff. Dehn questioned the logic of putting trees on the front of a business; his opinion was that this would block the view. He also questioned the need for islands; his opinion was that this would be dangerous. Staff replied to these concerns by stating that the trees add curb appeal to the area, attracting visitors. Additionally, this is a requirement of all other commercial districts, and a lack of visibility has not been demonstrated. Dehn continued, questioning why these improvements have to be made, since the lease is only for a year, with a second year option. Staff replied that the applicant was requesting a CUP, and has not indicated a limited time frame. Further, the actual development of the area based on the Focused Area Study plan is likely many years away. Monte Howerton, Repo Depot, had concerns with the sign that is in the road north of the subject property. Additionally, Howerton wanted the City to absolve liability due to the curbed island. Staff responded, noting that the City does not accept liability for improvements on private property. Staff continued that these proposed improvements were not unlike any other commercial property. In reviewing the sign concern, staff does not believe there to be an issue. The pavement markings in place are misleading, noting the property line. If the Council feels there is an issue, a bollard can be installed to protect the sign until it is removed. Howerton questioned the need to deposit a $50,000 letter of credit. Staff responded, stating the letter of credit protects the city by insuring these improvements would be completed. (I'he City is facing a similar issue where a letter of credit wasn't required, and the city is starting CUP revocation proceedings). Howerton stated he would not supply a letter of credit. Staff suggested alternative language, requiring a LOC if a certificate of occupancy was sought prior to completion of improvements. Howerton was not supportive of this option either. Attachments • Staff Report to Planning Commission dated May 5, 2009 • Site map Action Motion by Second by Vote FOIIOW Up S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\CU 09-13_CC 5-11-09.doc ilk REQUEST FOR ACTION ....~ River To Item Number Plannin Commission 4.2. Agenda Section Meeting Date Prepared by Plannin Items Ma 5th, 2009 erem Barnhart, Plannin Man r Item Description Reviewed by Ken Dehn/ Monte Howerton for Conditional Use uest b Re y q Permit to allow Marine, RV and Power Sports Equipment Sales Reviewed by at 17369 Hwy 10 Public Hearin -Case No. CU 09-13 Action Requested Staff supports approval of a Planning Commission recommendation to approve the Conditional Use Permit request, as illustrated on drawings dated 4/29/09, with the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required permits. 2. All required licenses shall be obtained. 3. All exterior signage shall require a sign permit. 4. A 24 foot easement for access and utility purposes shall be provided along the west property line. 5. All vehicles (boats, trailers, RV, etc) shall be stored on an approved, dust and weed free surface. 6. Fence enclosing the front yard display area shall be wrought iron or design equivalent, to be approved by staff. 7. Any new light poles shall require Staff approval. 8. Front yard landscaped island shall be constructed as shown on exhibit A to protect parked cars along the front of the property, as well as directing internal traffic. 9. 7 overstory trees should be added to the west side of the access drive. Landscaping shall be added around the foundation of the building. All landscaping shall be approved by staff prior to construction. 10. Access drive to the north side of the property shall be treated with an approved surface, in a dust free, weed free manner. 11. The existing fence should be repaired, and relocated to the property line on the east side. 12. A letter of credit in the amount of $50,000 shall be provided as a guarantee to complete these conditions. BackgroundlDiscussion Monte Howerton, on behalf of the property owner Ken Dehn, desires a Conditional Use permit to operate the National Repot Depot. Included in the business is the sales and minor repair of boats, RV's, and power sporty equipment. Case File: CU 09-13 Page 2 Attachments Location Map Aerial Map Letter to Applicant dated April 21, 2009 Applicant's Narrative Site Plan dated Apri129, 2009 Exhibit A -Suggested front yard island and landscaping layout General Information National Repo Depot Ken Dehn/Monte Howerton Applicant Ken Dehn/ Monte Howerton 60 Day Rule The application has been deemed complete as of April 21, 2009. The City must take action by June 21, 2009 Requested Action Conditional Use Permit to sell boats, RV's and power sports e ui ment Location and Size Lot 3, Block 2 K and L Addition, approximately 2.4 acres Location Existing Use Land Use Plan Designation Current Zoning Subject Vacant Highway Business C-3 Property commercial North Commercial Highway Business C-3 South Vacant Highway Business C-3 commercial East Vacant Highway Business C-3 commercial West Commercial Highway Business C-3 Overview The use is proposed to be located on approximately 2.4 acres on the east side of Highway 10, north of 173rd Avenue. The use would include indoor showroom, outdoor display area, and a shop area for minor repair. The site plan indicates space for 56 boats outside of the buildings. Further information may be found in the attached applicant narrative. AQplicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\CU 09-13_PC2doc Case File: CU 09-13 Page 3 National Repo Depot Ken Dehn/Monte Howerton 7. Dill not endanger, injure or detrimentally affect the use and enjoyment of other propery in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the ~iy. 2. bill be consistent with the comprehensive plan. 3. TdVill not impede the normal and orderly development and improvement of surrounding vacant proper y. 4. tYfill 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 tra~c congestion or interference with tr~c on adjacent and neighboring public thoroughfares. S. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or propery because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. IY~ill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. i.Y~ill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a License orpermit 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 request is consistent with all of these standards. And The applicant desires to use the property to sell boats. The sign indicates that RV and power sports would be available for sale, as well. The use is consistent with the current zoning ordinance (with a Conditional Use Permit), although the property is among those subject to the 1715[ FAST moratorium, the purpose of which is to promote uses that enhance property values in the area and maximize the benefit of the train station. Because the FAST plan is not yet adopted, the following comments are based on the existing ordinance: Parking, The ordinance requires parking, using a ratio of 2/1,000 square feet of building area, and 1/5,000 square feet of outdoor display area. Based on this, the site plan should provide 26 spaces. The site plan suggested by staff provides 24 spaces in the front of the building, which is more than the 17 suggested by the applicant. Staff is comfortable with the reduction of spaces, as the goals of the ordinance are met with the provision of islands and landscaping. If parking becomes an issue as identified by staff, additional spaces for employees map be located within the fence. The parking area should be repaired and re-striped. The rear display area should utilize an approved surface, Class V, concrete, or asphalt. Landscaping. The site currently includes no formal landscaping. Typically in such situations, it is suggested that landscaping be added, in scale with the reuse or redevelopment. The site perimeter would require 34 trees. Staff has suggested 4 trees in the front island areas. Additional landscaping beds should be added along the building. Seven overstory trees should be added along the west property line (1 tree per 40 feet), on the west side of the access drive. All landscaping should be approved by staff. S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\CU 09-13_PCZdoc Case File: CU 09-13 National Repo Depot Page 4 Ken Dehn/Monte Howerton Building. No changes are proposed for the building. The external display area is proposed to be fenced in. Due to its prominence on the site, staff suggests this fence be architectural. Si a e. The applicant proposed some additional signage, including a free standing sign. All signs will need to meet the sign ordinance. The suggested conditions are based on the current ordinances. Comprehensive Plan The Highway Business land use is the most intensive form of commercial development in Elk River. Businesses in this category may be the largest both in terms of size and traffic generation. Market orientation tends to be regional in nature. Development orientation tends to be toward regional highways. Future Highway Business developments should be located within the Urban Service Boundary and adjacent to regional highways. The proposed use meets these requirements. Transportation There are two access points to the site, both utilizing a frontage road along Highway 10. The subject property does not have direct access to Highway 10. Upon development/improvement of adjacent properties, a similar easement will be suggested. Further, if and when accesses are consolidated along Highway 10, these access arrangements will be very beneficial. Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\CU 09-13_PC2.doc Wd OT SS i 6002/ZZ/b'6Mp~deW uoi~e~o~~~oda4 ~odaa £i-60 fly\dfl~\sa~id ase~~9NINNdId\ S °~ Virtual Earth Interactive SDK Home > Services > Virtual Earth > SDK Iwant to: GI Show a map Show the default map Show a specific map Use a callback Show this map in 3D Show traffic ~ Control the map ~+ Show/hide controls ~+ Use default shapes ~+ Customize shapes ^+ Use shape layers D+ Import data into shape layers D+ Use custom the layers ~+ Find information (basic) ~+ Find information (advanced) D Get amulti-point route and directions ~ Use birdseye images ~ Work with 3D maps ~ Use events and callbacks D Get map info yiMl What's new in the latest release? © 2008 Microsoft Corporation. All rights reserved. ~ Post a question on the Virtual Earth Forum. Show Me Source Code Reference Learn More ~-/z~~/~ ~.~Y 0 ~ ~ ~ Wit.. a ~,~„^~ , ~~ „ ._ h~ I ~~'~ F - I ____ ._____. ~, r; ~. ~', M ~~ f ' ~~ m ~~ _ 4 J 5. 4 i q ~.. - r~ ~ ;, ~ t ~t s u~`s..~/~ j Y q K 4. ; t ~'~~+~~^'',~'"~ .~~~~`~,~~'~ ~,4~~-~C'+~~'~ y~a r4~ h. -~` ~,y*~ a ~a'~q, ''d.~•~. .yG .,q of 9 X r„~ 3Y T"`a9 ~S'UA~~~ `+` sN-~ ~~,,~ ~ 'Y~~~ do-'„" Fa..:an~.u..a'FweraFS'L"Y4`.tLri»~a~iLtlK~~WY ,`~°aq~k"kr4fWr.9J~Yib18~1,n...~m~1'd1,Y~"~ ~' LvL~fbun~':'YJ4dsaa"~4Etk`4~whd#3Cd7a~:6ra~:rc~.xa..~ae.,^fyx`de~i +.a+~.:. '~.i~w~+V~~«+Ni `~+` 'w~re4~~.sk~`;~c-~-~,i+ "'~.~~':rdiv~usw'iF:Y~~°~L~m;~~ City of Elk River 13065 Orono Parkway Elk River, MN 55330 Apri121, 2009 Monte Howerton VIA Email MonteHowerton@charter.net Dear Mr. Howerton: The Site Plan Review Committee reviewed your request to allow boat sales on property located at 17369 Highway 10 NW at their April 8, 2009 meeting. It was determined that in order to permit this use, approval of a Conditional Use Permit is required. Additionally, the Council must waive the moratorium in place for the subject property. The moratorium is in effect until June 2, 2009. Staff will recommend that the variance not be granted, that the moratorium remain in effect. As I've stated before, in order to meet all State Statute requirements pertaining to public hearings, I am required to publish a public hearing 10 days before the public hearing. The deadline for publication for the May 12 Planning Commission meeting, the next regular meeting, is Wednesday, Apri129. As requested, I am researching availability to hold a special planning commission meeting on May 5thy. The publication deadline for this meeting is April 22nd. Due to the expense and the confusion created by changing meetings around, I will not publish for a public hearing unless I have a stated quorum from the Commission. After the Staff site plan review, and based on the review of your preliminary submittal, I have the following comments. UnresohTed, these will likely be conditions recommended for the Conditional Use Permit. 1. A 24 foot wide easement in favor of the public along front of property 2. All boats/trailers must be parked on an approved surface, an approved surface may include concrete, asphalt, class V gravel. 3. The fence housing the front yard display area should be a wrought iron or equivalent design. 4. Is new or expanded exterior lighting proposed? If so, a lighting plan should be provided. Phone: 763.635.1000 Fax: 763.635.1090 www ci.elk-river.mn.us Front yard islands should be constructed to protect parked cars along the front of the property, and well as direct traffic through the property. The access drive on the north side of the property should be treated with an approved surface, asphalt, concrete, or class V. Please confirm your hours of operation and the number of people you will employ. Signage regulations as follows, from the City's sign ordinance: Wall signs: d. Businesses shall be allowed a maximum of three on premise business wall signs per occupancy. The maximum combined sign area per building shall not exceed two square feet per linear foot of building frontage, up to a maximum accumulation of 300 square feet per occupancy. Businesses shall be allowed at least 50 square feet of wall signage regardless of building dimensions. Freestanding signs: Freestanding signs shall have a minimum setback of ten feet from any public right-of--way measured to any portion of the sign, and a minimum clearance of eight feet over any vehicular use area and any pedestrian use area. Where a lot has in excess of 300 feet of street frontage, one additional freestanding business sign will be allowed per premise. These signs shall be subject to the size and height limitations of the first allowed freestanding sign and may be placed no closer than 150 feet to any other freestanding sign on the same premise. All freestanding signs shall have a minimum setback of ten feet from any public right-of--way measured to any portion of the sign and a minimum clearance of eight feet above any vehicular use area and over any pedestrian use area. If you have any questions or require further information, please contact me at 763/635-1034 or email at Barnhart c[,ci.elk-uver.mn.us. I will be happy to meet with you and discuss these comments. Please recognize that Staff may generate additional comments if further review warrants. Sincerely, --~,. G ~~~ "~ Jeremy Barnhart, AICP Planning Manager S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\04 21 09 ltr Howerton.doc 13209-180 Ave NW Elk River, MN 55330 Apri121, 2009 Mayor Stephanie Klinzing 13065 Orono Parkway Elk River, Mn 55330 Dear Mayor: Pursuant to our conversation last week regarding the Dehn's 4 Seasons property, I would like to provide you with a summary over view of our proposed use and very much appreciate your support. National Repo Depot is a company founded by veterans of the recreational products industry. Our extensive experience in working for manufacturers in the scope of helping dealers get set up and employ "best practices" while developing them to successful entities, provides the expertise. This along with the current industry status has initiated this business model. Current demographics and market statistics support this model in our area making it the logical choice. However as we discussed timing is crucial, 70% of industry sales in this region take place between January and July 4. That being said, why didn't we start this process earlier? p:P I. Two of the dealer rmci les were dis laced b mdus consolidation less than 3 t;~~`~ ~' P ~ P P Y ~ n'y ~~ weeks ago. ~,~~~ ~ ~. ~ ;. ~,; , .~ „ 2. Support from floor plan companies and a contract to liquidate 8 million of inventory „~~, from a major sporting goods retailer that is not going forward with marine or powersports. Our core business model is providing a professional consulting service to various segments of the Marine, Powersports, and RV industries. Our professional assessment/appraisal will support developing a remarking plan that may include offsite event, retail sale, redistribution, or online marketing. This facility will be used to support all of the above. It is our intention to conduct it as a fully functional dealership and will employ 5-10 people in these activities. I met with Jeremy Barnhart this morning to review the application for the conditional use permit. I have provided him a site plan, preliminary building signage plan. Our current plan will not alter any of the Landscape, Utilities, Tree Preservations, Grading or drainage unless required for compliance with the conditional use permit. It is our goal to provide a commitment to work together in bringing this facility into compliance as discussed. The history of this property supports the intended use and we respectfully request whatever help you can provide in the form of temporary permits to support our business model. Sincerely, Monte Howerton Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . .