7.3. SR 06-19-1995ITEM 7.3.
MEMORANDUM
Ver TO: Mayor and City Council
FROM: Steven B. Ach, City Planner,
DATE: June 19, 1995
SUBJECT: Conditional Use Permit Request by
Elk River Auto Mall, LLC, Public
Hearing Case No. CU 95-6
Issue
Elk River Auto Mall, LLC is requesting a conditional use permit fora 3,500
square foot auto repair facility to be occupied by Kennedy Transmission.
Location
North of Main Street, west of Carson Street, and immediately south of the
new ABRA Auto Body.
• Zoning/Land Use
C-3 (highway commercial)/ HB ~bighway business)
Attachments
Report to the Planning Commission dated May 23,1995.
Overview
On August 1, 1994, the City Council approved a conditional use permit
allowing the construction of an auto mall facility consisting of Tires Plus, JR
Tech, and ABRA Auto Body, along with a second freestanding commercial
building. Since that approval, the main auto mall building has been
constructed and is nearing completion, and the second freestanding building
is awaiting construction. The intended use of the second freestanding
building was originally planned to be retail (Mr. Movies), along with a
possible pizza business. Apparently, interest in the tenants space has
changed, whereby, another auto repair user (Kennedy Transmission) and an
office use are interested in the 5,200 square foot building. With the original
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Cu 95-6 memo Page 2
Continued
conditional use permit an auto repair facility was not approved for the second
freestanding building, therefore, to meet the requirements of the zoning
• ordinance, which requires a conditional use permit for all auto repair
facilities, Elk River Auto Mall, LLC is requesting a conditional use permit to
allow Kennedy Transmission to occupy approximately 3,500 square feet
within the proposed building.
Analpsis
The City Council may recall that the original development plans that were
approved last year included all the necessary improvements for the entire
site, which would include those improvements around the second
freestanding building that would be occupied by Kennedy Transmission.
Therefore, issues relative to screening along the west portion of this
development and related parking concerns have been incorporated into the
approved plans that will be installed, irregardless if Kennedy Transmission
occupies this site or not.
However, in order to accommodate Kennedy Transmission's operational
needs, a few modifications will have to be done to the building and adjacent
parking area. These modifications include the following:
• Installing four overhead doors along the east side of the building (these
• doors will be facing away from the Guardian Angels facility).
With the installation of these overhead doors, approximately seven
parking stalls will have to be deleted. With these proposed changes, it
should have minimal impact on any of the surrounding properties.
Furthermore, with the change in use from a retail business to an auto
repair business, the parking demands and traffic on Carson Street should
be reduced.
Please refer to the attached report to the Planning Commission for additional
information.
Business Operation
As part of the conditional use permit for Kennedy Transmission, the same
conditions which apply to the other three auto repair businesses should also
apply to Kennedy Transmission. This will provide consistency throughout
the development and address any of the previous concerns stated by the
surrounding property owners and City Council.
•
cc-95-6lplenning
Cu 95-6 memo Page 3
Continued
Planning' Commission Recommendation
• The Planning Commission recommended approving the conditional use
permit with the conditions outlined in staffs memo dated May 23, 1995.
Recommendation
It is recommended that the City Council approve the conditional use permit
for Elk River Auto Mall, LLC, to operate an approximately 3,500 square foot
auto repair facility to be occupied by Kennedy Transmission.
cc-95-61planning
ITElI N0. 5.3
fiver
TO:
FROM:
DATE:
Planning Commission
Steven B. Ach, City Planner~I'~L
May 23, 1995
SUBJECT: Conditional Use Permit Request By Elk River
Auto Mall, LLC, Public Hearing
Case No. CU 95-06
RE VEST
Elk River Auto Mall, LLC is requesting a conditional use permit to allow Kennedy
Transmission to operate a 3,519 square foot auto repair facility.
LOCATION
{V`` North of Main Street, west of Cazson Street, and immediately south of the new ABRA
• Auto Body.
ZONING/LAND USE
C3 (Highway Commercial)/HB (Highway Business).
ATTACHMENTS
• Location map
• Zoning map
• Development plans.
BACKGROUND
Last year the Planning Commission reviewed development plans for the proposed Auto
Mall and approved a plan which consisted of Tires Plus, 7.R. Tech Automotive, and
ABRA Auto Body. In addition, the plans that were approved also included a second
freestanding building of approximately 5,200 square feet, for retail purposes. As it will
be discussed later in the report, one of the primary issues associated with this proposed
development was the availability of parking. Attached to this report for the Planning
Commission's information, is a list of conditions that were approved by the City Council
on August 1, 1994 for the original conditional use permit.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
May 23, 1995
r1
The plans that were originally approved last year are not changing substantially.
However, Kennedy Transmission's proposed use of approximately 3,500 square feet was
not included in the original conditional use permit, and therefore is required to obtain a
new conditional use permit to operate an auto repair facility. The proposed tenant for the
building (Kennedy Transmission) will require some slight modifications to the original
building plans by including the required number of overhead doors for the business. The
applicant has also indicated the balance of the building, approximately 2,100 square feet,
will be used by a chiropractor's office.
ANALYSIS
As mentioned above, a majority of the exterior improvements such as landscaping and
parking, have been approved and will be installed in accordance to the previously
approved plans. In continuation of the screening that has been installed behind the
existing automotive repair, businesses will continue to the south and provide a similar
screen on the west side of the proposed building. With the screening issue being
resolved on the west side of the building, the only outstanding concerns relate to the
specific businesses operation, and once again pazking. As faz as the specific businesses
operation, similar conditions that were attached to the original automotive repair
• businesses should probably be included on this application. These will be highlighted in
staff's recommendation.
PARKING
Based on the proposed uses in the development, the number of pazking stalls provided
throughout the site meets the City's current caning requirements. As the Planning
Commission may recall, parking was a concern with the original plans for this
commercial development. Staff has been monitoring the parking situation at the existing
three auto repair businesses. Staff originally presented two concerns to the Planning
Commission and City Council regarding the parking issue.
1. An inadequate total number of available stalls based on the intended use.
2. The location of stalls in relation to the businesses and their convenience for
use by customers.
Although the businesses have not been operating for a great length of time, a general
observation is that the north end of the site (where Tires Plus and 7.R. Tech are
located) is receiving the greatest amount of parking demands. The concern for
convenient parking in close proximity to those businesses, may in fact be an eventual
• problem. Immediately south of ABRA Auto Body, there aze eighteen stalls that
s;planning:pc:cu95-06
Memo to Planning Commission
May 23, 1995
Page 3
apparently do not get much use because they aze so faz away from the businesses.
Although there is an adequate number of parking stalls, their convenience for
• customers is questionable, and therefore the businesses may have to practice better
management of having their employees park in those less convenient stalls and leave
the remaining stalls available for customers.
The distribution or availability of the parking stalls for the second freestanding
building appears to be less of a concern. The parking is equally distributed around
three sides of the building, providing ample opportunity for customers. Although
there is a loss of approximately nine stalls as a result of installing four overhead
doors, the intensity of the use from retail to automotive repair allows for that
reduction. Overall, with the reduced square footage of the second freestanding
building and less intense use, it appeazs that parking will be less of a concern on the
south end of the site than the north end where the existing businesses are not
operating.
In summazizing the parking issue, staff is still slightly concerned with available
parking, even though the development meets city ordinances. I would encourage the
Planning Commission to visit the site and assess the situation for yourselves. And
while you are out visiting the site, imagine that this project originally included
another 5,000 squaze feet of building. Cleazly, the Planning Commission and City
'~ Council made the right decision to work with the developer in reducing this project's
density.
• LANDSCAPING
As mentioned earlier, the perimeter landscaping has already been approved as part of the
previous plans. Those plans did include a row of pine trees and some overstories along
the west property line to provide an adequate buffer between this commercial
development and the Guardian Angels facility, immediately to the west. With the
proposed auto repair facility orienting its overhead doors towards Highway 169, and
there being no access drives or activity occurring on the west side of the building (facing
Guardian Angels), the approved landscape plan should be adequate to provide a
necessary buffer.
As part of the conditional use permit for the three existing auto repair facilities, several
operational conditions were attached. Staff believes those same conditions should be
attached to Kennedy Transmission to provide consistency with the Auto Malls operation
and maintain the concerns addressed as part of the original review process. These
specific conditions are outlined in staff recommendation.
•
s:plenning:pc:cu95-06
Memo to Planning Commission
May 23, 1995
RECOMMENDATION
Page 4
• It is recommended the Planning Commission recommend approval of the conditional use
permit request by Elk River Auto Mall to construct a 5,612 squaze foot building, of
which 3,519 square feet will be attributed to an auto repair facility with the following
conditions:
L All exterior improvements be done in accordance with the approved development
plans approved and dated 11/19/94.
2. All wall signage be consistent with the building immediately to the north.
3. No outdoor storage of merchandise or automobile parts be allowed.
4. Hours of operation be consistent with the three existing auto service businesses
and be as follows:
Monday through Friday, 7:30 a.m. - 6:30 p.m.; Saturday, 7:30 a.m. - 6:00 p.m.;
Sunday, 10:00 a.m. - 5:00 p.m.
6. No signage be allowed on the west elevation of the building.
7. Trash enclosures be provided, which aze lazge enough to contain all refuse
• collection, recyclable items and miscellaneous auto parts.
8. No overhead doors be allowed on the west side of the building. All overhead
doors must face Highway 169.
9. No damaged or wrecked automobiles be stored outside overnight. Undamaged
vehicles may be parked outside at a maximum period not to exceed 48 hours.
•
s:planning:pc:cu95-06
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./
•
City Council Minutes • Page 5
August 1, 1994
--------------------------------- Oop~
Councilmember Scheel indicated that not being able to store expensive
equipment inside would constitute a hardship.
7.2.
•
COUNCILMEMBER SCHEEL MOVED TO APPROVE A 220 FOOT VARIANCE TO EXCEED
THE MAXIMUM SIZE OF AN ACCESSORY BUILDING REQUESTED BY JASON VOLKERS,
AT THE LOCATION OF 14115 790 1/2 CIRCLE NW. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. COUNCILMEMBER DIETZ
OPPOSED AND MAYOR DUITSMAN ABSTAINED.
Consider a conditional use oermit r guest by Darkenwald Family Parfnershio ~ ~
94_1 1
City Planner Steve Ach indicated that Darkenwald Family Partnership has
requested a conditional use permit To build an automobile repair facility in
addition to having multiple buildings on one parcel. 'He indicated that on July 5,
the City Council directed Staff to draff a resolution of denial for the request.
Steve Ach indicated that the motion also included an opportunity for the
developer to make the necessary corrections to the plans. Steve Ach informed
the Council that the developers have made revisions to the plans pertaining to
density, parking, buffer and landscaping. The City Council reviewed the revisions.
Mayor Duitsman opened the public hearing.
Shari Emerson, 5215 Parson Avenue, Rogers, Hauling Adminisfrafor for Guardian
Angels; stated that the Guardian Angels were originally opposed to this
development. She further indicated that due to a spirit of cooperation shown by
the developer, the Guardian Angels will support the development with the
conditions listed in the Staff memo dated August 1, 1994. Ms. Emerson reviewed
the conditions listed in Staff's memo.
Dr. Howard Johnson, indicated his concern regarding the traffic on Main Street
and the effect the storm water runoff would have on the Main and Evans
drainage problem.
Carol Mills, 11045 245th Ave., Zimmerman; commented on the increase in traffic
and the effect it has on the right tum on Main Street and Evans. Mayor Duitsman
suggested that the City Engineer review this area.
Councilmember Holmgren indicated that he would like to add an extra condition
requiring a fence to secure the auto service store after business hours, if
determined necessary by the Chief of Police.
John Weicht, requested that the Council consider amending item n7 of the
recommendations relating to hours of operation to the following:
Auto Service Mall - M-F 7:30 a.m. - 6:30 p.m.
Sat. 7:30 a.m. - 6:00 p.m.
Sun. 10:00 a.m. - 5:00 p.m.
Other Businesses 8:00 a.m. - 11:00 p.m. 7 days per week
i
City Council Minutes
August 1, 1994
Page 6
John weicht also addressed item # 17 relating to overnight, outside storage of
vehicles. He indicated that the auto mall would like the capability of allowing
customers to drop off or pick up vehicles after hours.
Eleanor 7odahl, 280 Evans Avenue, Angel Ridge Aparfmenh, read several letters
from residents of Angel Ridge who are opposed to the development. The letters
indicated noise; too close To nursing home; traffic: fumes; doors of business being
leff open as reasons for opposition.
lim Benson, C Chase Company; representing Abra and Tues Plus; requested that
the Council reconsider item ;#17 relating to outside storage. He indicated that
there would be no outside of damaged or wrecked vehicles. He further
indicated that it was necessary for this type of business to allow Customers to pick
up and drop off vehicles after hours..
There being no further comments, Mayor Duitsman closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY DARKENWALD FAMILY PARTNERSHIP TO CONSTRUCT A 15,400
SQUARE FOOT AUTO REPAIR FACILITY IN ADDITION TO HAVING MULTIPLE BUILDINGS
ON ONE LOT BASED ON THE PROPOSAL LABELED "PLAN D" WHICH INCLUDES THE
ADDITIONAL SETBACKS ALONG THE WEST PROPERTY LINE, WITH THE FOLLOWING
CONDITIONS:
~.
•
1. ALL OF TERRY MAURER'S COMMENTS OUTLINED IN MEMOS DATED APRIL 15,
MAY 19, AND JUNE 16, 1994, BE MADE PART OF THE REVISED PLANS IN THIS
CONDITIONAL USE PERMIT.
2. AN INCREASE OF LANDSCAPING (CONIFERS) BE PROVIDED ALONG THE WEST
PROPERTY LINE TO ESTABLISH A BUFFER BETWEEN THE TWO LAND USES.
3. NECESSARY IMPROVEMENTS TO CARSON AND MAIN STREET BE COMPLETED
PRIOR TO OCCUPANCY OF THE PROPOSED BUSINESSES.
4. ONE MONUMENT STYLE SIGN IDENTIFYING THE PROJECT AND TENANTS WITH
A MAXIMUM HEIGHT OF 24 FEET BE ALLOWED.
5. WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS WITH SIZES AS
PRESENTED BY THE DEVELOPER BE PERMITTED.
6. NO OUTDOOR STORAGE OF MERCHANDISE OR AUTOMOBILE PARTS.
7. HOURS OF OPERATION BE AS FOLLOWS:
AUTO SERVICE MALL • M-F 7:30 A.M. - 6:30 P.M.
SAT. 7:30 A.M. - 6:00 P.M.
SUN. 10:00 A.M. - 5:00 P.M.
OTHER BUSINESSES 8:00 A.M. - 11:00 P.M. 7 DAYS PER WEEK
• 8. CONCRETE CURB AND GUTTER BE USED THROUGHOUT THE ENTIRE PARKING
AREA.
City Council Minu~ : Page 7
August 1, 1994
---------------------------------
9. ADEQUATE TRAFFIC CONTROL/LANDSCAPE ISLANDS BE INCORPORATED
INTO THE PARKING AREA AND MADE PART OF THE IMPROVED SITE PLANS.
10. NO SIGNAGE BE ALLOWED ON THE WEST ELEVATIONS OF ANY OF THE
BUILDINGS.
11. TRASH ENCLOSURES BE PROVIDED WHICH ARE LARGE ENOUGH TO CONTAIN
ALL REFUSE COLLECTION AND RECYCLING ITEMS, AND BE SCREENED FROM
PUBLIC VIEW.
12. UNDERGROUND IRRIGATION BE PROVIDED THROUGHOUT ALL LANDSCAPED
AREAS.
13. PROPOSED LANDSCAPING MEET MINIMUM SIZE REQUIREMENTS AS STATED IN
THE ORDINANCE.
14. ALL RETAINING WALLS BE CONSTRUCTED WITH A DECORATIVE BLOCK
MATERIAL.
15. REAR DOORS ON JR TECH'S BUSINESS REMAIN CLOSED DURING NORMAL
BUSINESS HOURS EXCEPT FOR MOVEMENT OF VEHICLES IN AND OUT.
16. PAYMENT OF $600 PER ACRE FOR TRUNK STORM SEWER IMPROVEMENTS BE
MADE PRIOR TO ISSUANCE OF A BUILDING PERMIT.
17. NO DAMAGED OR WRECKED AUTOMOBILES BE STORED OUTSIDE
OVERNIGHT. UNDAMAGED VEHICLES MAY BE PARKED OUTSIDE AT A
MAXIMUM PERIOD NOT TO EXCEED 48 HOURS.
18. THAT A CHAIN LINK FENCE BE CONSTRUCTED 70 SECURE THE AREA BEHIND
THE AUTO SERVICE STORE AFTER BUSINESS HOURS, IF DETERMINED
NECESSARY BY THE CHIEF OF POLICE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1.
COUNCILMEMBER SCHEEL OPPOSED.
The Council recessed at 8:00 p.m. and reconvened at 8:12 p.m.
7.3. Consider conditional use to develop a residential planned unit development fCU
94-261 and a preliminary plet to subdivide approximately 40 acres into 88 single
family lots f P 94-061 by Riverside Development PUBLIC HEARING
City Planner Steve Ach stated that the City Council reviewed the conditional use
permit and preliminary plat at the July 18, 1994, City Council meeting. At that
meeting the Council discussed the appropriate park, trail and sidewalk needs for
Hillside Estates 4th Addition. Following Council discussion at that meeting, the
issue was tabled to allow the Park and Recreation Commission to further review
the park and trail issues. He further stated that the Pork and Recreation
Commission met to discuss this issue on July 26, 1994, and have made the
following recommendations:
- _, _--
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