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6.5. SR 05-21-2001City ~ Pdver MEMORANDUM Item 6.5. TO: FROM: DATE: SUBJECT: Mayor and City C~ciJ~ Michele McPherso~Director of Planning May 2 I, 200 I Case No. CU 0 I- 13 Request by James Starry for a Motor Vehicle Specialty Service Station (Auto glass repair and replacement business) REQUEST James Starry requests a conditional use permit be issued to allow a motor vehicle specialty station for auto glass repair and replacement in the Barrington Place Planned Unit Development. LOCATION 568 Dodge Avenue, Lots 1 and 2, Block 6, Barrington Place, Elk River, Minnesota. ZONING/LAND USE PUD - Planned Unit Development/HB - Highway Business ATTACHMENTS · Location map · Site plan · Barrington Place Planned Unit Development Agreement · Letter of Support from Mr. Santwire OVERVIEW The site, formerly the Circle C gas and convenience store, is presently a multi-tenant building. One of the existing tenants is a Laundromat. The applicant is proposing to turn the former car wash into an auto glass repair and replacement business. This use falls under Memo to Mayor & City Council/CU 01-13 May 21, 2001 Page 9. the definition of a motor vehicle specialty service station, which is allowed as a conditional use permit in the PUD agreement. In 2000, the City Council approved a resolution to remove the blanket easement over the property, in exchange for a better-defined easement for emergency vehicle access along the south 25 feet of the property. The applicant has now complied with the legal requirements for the easement vacation. ANALYSIS The applicant proposes to operate a primarily mobile auto glass repair and replacement service. He owns Auto Glass Services and has two other sites - Princeton and St. Cloud. One service van will be housed at this location and will be stored inside overnight. Most of the repair work is done off-site, with the garage space used for installations during inclement weather. HOURS OF OPERATION The proposed hours of operation will be 8:30 a.m. to 5:00 p.m., Monday - Friday. Some work will be done by appointment on weekends. EMERGENCY VEHICLE ACCESS The access to the auto glass repair and replacement area will be from the emergency vehicle easement. The easement has been posted "no parking" and will be subject to enforcement by the Fire Department. The auto glass repair and replacement will need to be conducted entirely within the garage space. LANDSCAPING As a condition of approval for the easement vacation, staff recommended a number of landscaping improvements that were adopted by the City Council. These included establishing landscaping islands near the Dodge Street entrance, as well as adjacent to the driveway to the John Oliver facility along the north property line. It was also required to install additional trees in the expanded landscaped islands. The property owner has one more year to complete these improvements. PARKING City ordinance requires seven parking stalls for the uses within the building. There are 25 parking stalls identified on the site plan, which exceeds the number required by ordinance. SIGNS No new signs have been indicated at this time. An existing pylon sign is located adjacent to Dodge Avenue and any new sign will be required to receive a sign permit before installation. S:\PLANNINGMMICHMC\CCREPRTS\CU01-13.DOC Memo to Mayor & City Council/CU 01-13 May 21, 2001 Page g The auto glass repair and replacement facility would be allowed between 50- 300 sq. ft. of wall signage. PLANNING COMMISSION ACTION The Planning Commission held a public hearing regarding the request on April 24, 2001. No one spoke for or against the proposed use. The Commission voted unanimously to recommend approval of the request to the City Council with an additional condition: Conditions one and two shall be completed prior to occupancy or the owner shall escrow funds adequate to ensure their completion. RECOMMENDATION Staff and the Planning Commission recommend that the City Council approve the conditional use permit to allow a motor vehicle specialty station with the following conditions: 1. The curb cut on Dodge Street be reduced to 30 feet in width, the maximum allowed by City ordinance. 2. Add a landscaped island on the north side of the parking lot adjacent to the John Oliver & Associates access drive. 3. A sign permit shall be obtained prior to the installation of any signs on the property. 4. The auto glass repair and replacement be conducted entirely within the garage. 5. Overnight outside storage of inoperable vehicles or vehicles waiting for repair is prohibited. 6. Conditions one and two shall be completed prior to occupancy or the owner shall escrow funds adequate to ensure their completion. S:\PLANNING\MICHMC\CCREPRTS\CU01-13.DOC CiW of LOCATION River MAP~ 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 CASE: CU 0 1-13 John Oliver and A~sociate$ ~.,~.~ ,;.' ,,.;..:.. dumpster enclosurel ii' narrow drive with new cur parking island existing sign BAP~RiNGTON PLACE PLA_NI~ED DEVELOPM~ENT AGKE~iLMENT CiTY OF ELK RIVER SHERBU~E COUNTY, MINNESOTA THIS PLANNED DEVELOPMENT AGKEEMENT, made and entered into this 25th day of November 1980, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City) and GAR-SAN ENTERPRISES, INC., ~th address at 544 Third Sire-et, P.O. Box 236, E1k River, Minnesota 55330 (Developer). W I TN E S S E T H: WHEREAS, Developer proposes a Planned Development in the City to be known- as Barrington Place (the Development) more particularly described in Exhibits attached hereto and incorporated herein by reference ~the Exhibits), containing thirty-four and two-tenths (34.2) acres of land more or less, said land legally described in Exhibit "A" (The Subject Land); and . WRtEREAS, it is the intention of Developer to proceed with the Development whereby the Subject Land will be subdivided pursuant to Minnesota Statutes,. Chapters 505 and 462, and the City's Subdivision Ordinance providing for the olatting of land and to obtain certain approvals from the City for the various phases of the Development as development progresses; NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1.) Development - Developer intends to develop the Subject Land iu accord- ance with the plans shown on the Exhibits and the City agrees to permit the Development subject to obtaining final approval for each phase of the Develop- ment from the City before proceeding with any work on said phase, unless other- wise agreed to by the City. 2.) Exhibits - The Exhibits attached hereto, incorporated herein by ref- erence and made a part of this Agreement are: Exhibit "A" - Legal Description Exhibit "B" - Site Plan Exhibit "C" - Land Use Map Exhibit "D" - Phasing Plan Exhibit "E" - Sewer Rook-up Map Exhibit "F" -Developer's Agreement 3.) Aooroval bM ~he ~ - The City hereby approves the Development as shown in t~e 'Ex--~oits;-~ovided, however, that insofar as the Exhibits may vary from the written terms of this Agreement, said written reruns shall govern. 4.) Term of' Planned Development - Developer reoresents that it intends to complete the Development within ten (10) years from The date hereof so long as the City grants timely approval of each phase of the Development. limits its approval to said ten (t0) year period. The City 5.) ~ fo___{.0rderl? Development - (01) On-Site Utilities - In order to promote she orderly lusts!la,ion of on-site utilities within %he Development, Developer will prepare and submit to the City Engineer a phasing plan covering the installation of streets, curbs and gutters, sidewalks and other public walkways, water, storm sewer and sanitary sewer laterals. City Engineer will make such changes as he 5e!leves are in the interest of the City and submit the final phasing plan to the Planning Commission and City Council for their approval. No City financed services will be installed that are not in conformance with an approved phase of the Development. (02)'A~provai Prior to Construction - Prior to constructing any commercial phase of the Development, Developer shall submit his plans to the Planning Commission for site and landscaping plan, building plan and architectural review. . -6.) Ma_~or Street Dedications and Easements - Developer agrees to dedicate as part of the plat the streets known as Auburn Place and Sixth Street. In addition, Developer will grant all such temporary cu!-de=sac easements as re- quired and all necessary access easements for a public street to Elk Drive prior to platting Dedication shall be made for streets within the plat upon record- ing of the final plat. The City's approval of the final plat shall include an assumption of the public duty to maintain the dedicated streets when completed according to plans approved by the City. 7.) Sewer Hook-up - It is the intent of the City to install 'a new sewer interceptor immediately west of the Development; however, no final decision has been made whether to install said west sewer interceptor. The City is not obligated to build said west sewer interceptor. Exhibit "E" delineates those residential and commercial areas of the Development which are scheduled to hook-up to the new sewer interceptor (Western Sewer Service Area). Developer will comply with this sewer hook-up plan unless the Western Sewer is not in service by December 31, 1982, after which time Developer will be free to hook-up any phase of the Development requiring sewer to the existing sewer.line located immediately south of the development (Southern Sewer Servioe Area), provided :hat the City Engineer concurs that there is adequate capacity in the South sewer line. If there is insufficient capacity in said South sewer llne, Devel- oper shall not proceed ~%th the development until capacity is available. Should Developer desire to build a portion of the Development located in the Western Sewer Service Area prior to December 31, 1982, and the Western Sewer is not in service, then Developer will provide the City*with a bond in an amount equal to the sewer hook-up charges other~-ise due the City. If the Western Sewer is subsequently.completed prior to December 31, 1982, the City will be entitled to the proceeds of the bond; if not, the bond shall expire and Developer freed of any financial obligations to pay hook-up charges for the Western Sewer. 8.) Develooment of Commercial Areas - (01) The sale of any individual commercial parcel as shown on Exhibit B shall be considered a separate phase and subject to the restrictions of Section 5 insofar as obtaining City approvals. 15.) S~creenin~_ Coincidennal with the submission of each phase for site, building and architectural approval, Developer shall submit a ~ landscape and screening plan for any residen:ia! io%s wi~h a side yard or rear yard abut'ting a major or minor arterial or collector street. The City may require reasonable landscaping and screening of said !pus abutting on such public streets a: the expense of Developer and where said screening iS required, is shall be a par~ 0f the Developer's Agreement required by she City for each phase. i6.) Developer's interest in Property - Developer hereby warrants and represents t---~ tie City, as inducement to ~e City's entering into =his Agree- matt, that Developer has an interest in the Subject Land as a fee owner. 17.) C__om?liance vith City Ordinances - Developer agrees to reasonably comply with all City Council Ordinances consistent with this Planned Deveiopmen~ Agreement which may affect the Deveiopmen~. .. 18.) Buffer Area - Prior to initiating construction of each Phase, the 'Developer shall submit to the City for approval a de, nailed plan for buffering and landscaping the setback area between the residential and commercial areas. !9.) DeveloPer shall create a Homeowner's Association before any building perm/ts are issued for the townhomes. Prior to the filing of the Homeowner's Association dOCuments with Sherburne County, ~hey shall be submitted ~o the City Attorney for review and compliance with this Agreement. (Ot) The Homeowner,s Association shall be responsible for :he exterior maintenance of all townhomes in :he plat. (02) The common areas shall be properly maintained by the Homeowner's Asso- ciation including weed control, mowing, u~ilities care, etc., in accordance with generally recognized s[andard practice and shall not be significantly altered except as permiuted herein. (03) The Homeowner's Association shall maintain all private streets, park- ing areas or driveways and ~raffic controls, if any, within the plat (park- ing signs or painted markings for handicapped and no parking zones). (04) Membership in the necessary Homeowner,s kSsocia~ion must be mandatory for each owner and any successive buyer. The dues for such membership must be es:ab!ished to adequately meet the expenses of maintenance and fulfill- ment of all responsibilities of the Homeowner's Association as set forth in this Agreement. A provision mus~ be made in ~he bylaws of the association to reflect this condition. 20.) N_otices - Whenever in this Agreement it shall be required or~ permitted that no~ice or d~-mand be given or served by eith~r party to this Agreement to or on the o~her paruy, such notice or demand s'hal'I be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in [he mail in accordance with ' above. The addresses of the par~ies hereu0 are as follows unuil changed by n..ice given as above: ' If to the City, at: City of Elk River 505 U.P.A. Drive Elk liver, Minnesota 55330 If to the Developer, at: Gar-San Enterprises, Inc. 5&& Third Street, P.0. Box 236 Elk River, Y~nnesota 55330 21.) Remedies - Should Developer breach any of the terms and conditions of this Agre~ment~ the City shall any or all of have the following remedies: (0I) Withhold development permits for the undeveloped phases. (02) Terminate this Agreement by written notice to Developer and revert the zoning of the Property to the original land use'designation as shown on .Exhibit "C". (03) Institute prosecution of Developer under the relevant provisions of the City's Zoning Ordinance. 22.) Binding ~reement - This Agreement shall be binding upon the Devel- oper, its successors and assigns and upon the City until terminated. The rights and remedies granted to the City herein shall be enforceable only by the city and not by other persons or parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF ELK RIVER Frank Madsen Its: Mayor Its: Admlnis~rator GA_R-SAN ENTERPRISES, !NC. 7 By:I By: Its: ~3 ~0! 04:B~PM ?63 441 88~9 32221 124th. St. Pri,nceton, MN 55371 April 20, 2001 Dear Rivers Crossing Inc. I want to thank you fir the lime you shared with roe.and for giving me your support in my wishes to obtain a conditional use permit from the city of Elk River. As you have been nol~l~ed,the city will be holding a public hearing on Tuesday April 24 at 6:30 pm. If at all possible ! would very much appreciate your being there. At this hearing I wilt address any concerns properly owners might have· As I have explained our business is primarily a mobile service, except duri~ poor weather condilions. The work w perform is done using hand tools. (Note no loud air tools am used,) In addition wa do not deal with toxic materials and do no~ have Vehicles parked outside wai~ng for parts to show up. We run a clean,quiet, environmentally sere business with great customer service. If you w~uld be so kind as to sign this le[ter in your support, In the event that you can not be present ,I will submit this letter to the city. Thank You. Sincerely, Ja ~es Starry Auld, Glass Service' Owner April 23, 2001 CITY OF ELK RIVEa PLANNING DEPARTMENT I represent the building owners located property herein (immediately adjacent to adjacent to the subject the North and South). This letter well confirm our support for the proposed Conditional Use Permit for Mr. Starry's business as described above. Please enter this entire letter into the record at the Public Hearing on this matter. , al~f.L. ~twire