5.1. PCSR 03-09-2010REQUEST FOR ACTION
`® Item umber
Planning Commission 5.~
Benda ectl®n eetln ate reare ~
Planning Items March 3, ZOIO Chris Leeseberg, Park Planner Planner
Item escriti~n evaee
Request byKen Beaudry/N~. Garg f or Concl~tional Use Permit Jeremy Barnhart, Planning Manager
for Fast Cash business, 35~ Jackson Avenue, evlev~e ~
Public Hearing ~ base moo. ~U ~~-~~
ct~~n eguested
Staff recommends that the Planning Commission open the public hearing, tape public comment, continue
the public hearing and postpone action until the April ~3, ~OIO Planning Commission meeting.
ackr®und
The owner of the proposed business currently operates a business at northeast corner of Main Street and
Jackson Avenue and is looking at relocating the operation to the subject property. The business owner
will buy, sell, and trade household goods such as Ti's, DOD's, movies, toys, gold coins ands' ' ar
goods.
ttac rr~ a nts
® Location Map
Merna f rom Fire Marshal dated March 3, Zo I o
Applicant's Narrative
Site Plans}
® Site Plan Sketch preference only}
Case File: CU 1D-04
Page 2
en~~~.~ n~~'n'1~9®n
Fast Cash
~~ca~nt Fast Cash
equest~ eta®n Conditional Use Permit
a. u ~ ~ The City must take action by March 25, 2D ~ 0
®ca~~~~n a,~ ~~ Approximately.32ncres north east of Jackson Avenue and Railroad
Drive.
~ervie
The property is paned C~ Central Commercial with a Land Use designation of Old Town, The
property has been vacant for at least five years. The subject property is located at the north east
comer of Jackson Avenue and Railroad Drive. The site was been previouslyuse as a fueling station/
convenience store,
The site currently contains a small vacant building, a free standing sign structure, three fuel dispensing
systems and two underground fuel tanks. Zt is not known if the sign is conforming or not, based on the
inf ormation received.
The applicant intends to buy, sell, and trade household goods such as TV's, DVD's, movies, toys,
gold coins ands' ' ar goods. The hours of operation will be 1 p,m. to b p.m. Tuesday through
Saturday.
The applicant is proposing displaying and storing products in a 20' x 20' fenced-in area on the south
side of the building. The fencing is proposed to be cyclone in nature chain link. Due to its
visib' 'ty, staf f would recommend that the f encing be a wrought iron type of fencing. This is not an
uncommon request for these types of applications as the city has made it requirements on
commercial and industrial properties, most recentlyfor the enclosure for Elk River Boat storage CCU
~o~o~},
Analysis
Site Plaza
The submitted site plan only indicated where the fenced-in area was proposed. It is unclear where
the proposed access points will be as the site is paved from property line to property line. Staff is
unclear where any of the property lines or easements are actually located. In order to properly
review any setback requirements for structures, signs, and parking, staff recommends that a survey
be completed to show property lines, easements and location of underground tanks on the property.
Staff also recommends that an engineered site plan be completed showing the site improvements
which should include concrete curb and gutters.
~`z~azz artatian
The access points to the site are not clearly defined and occur virtually anywhere on both Jackson
Avenue and Railroad Drive. Jackson Avenue is a major collector street which carries a great deal of
traffic in the area. Additionally, the proximity to the rail road crossing, and the interection with
railroad drive congest traf f is movements in the area, To ' 't the amount of canf lict paints on
Jackson Avenue, staf f recommends that access to the site be restricted to Railroad Drive. The
access should be located as far to the east of the Jackson Avenue and Railroad Drive intersection as
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Case File: CU 10-D4 Fast Cash
Page 3
possible. The added traffic as a result of this proposal will tax an alreadypoor functioning
intersection,
As for circulation around the site, the proposed fenced in area will impede vehicular circulation
around the building. The southwest corner of the building appears to be approximately I7~20 feet
setback from the property line. The required parking setback is IO feet and a drive lane 20 feet
around a building is required bythe fire department, The size and location of the fenced~in area
needs to be addressed. Additional inf ormation is necessary to complete a review.
Utilities
The Fire Marshal, through his communication with the Minnesota Pollution Control Agency
~MPCA}, is requiring the removal of the tanks and fuel dispensing system at the subject property. In
2005, the property owner requested and was granted a five year extension for removing the fuel
tanks. The extension has expired and the propertywill not be granted anyadditional time.
Co~n~r~e]~elasiye ~1a~2
The old Town land use category reflects the unique land use mixture in and around the Downtown.
A variety of uses fit into the Gld Town designation: community scale retail, professional services,
public/civic uses, park, offices, dining and entertainment, banking, lodging, and housing. Uses need
to be compatible with the character and scale of the Downtown area,
old Town is the home for a wide range of housing, The plan seeks to protect and promote the
maintenance of the single-f amity neighborhoods, These neighborhoods are an important part of Elk
River"s heritage and identity and of f er of f ordable housing options, The majority of the existing high
density housing is located in the old Town
The Old Town designation reflects the need and opportunityforpreservation, revitalization,
renovation and redevelopment. Redevelopment should be oriented to housing, commercial uses
and public spaces that support the existing character of the area.
Parks and natural f eatures play an ess ential role in the plan f or Gld Town. This area provides the
greatest opportunityfor improved access and connection with the Mississippi River.
Side ~'la~z ~andsca~2~i,~
with the size of the building and the proposed fenced area, the parking requirements for the site
would be nine stalls with parl~ing setbacks being 10 feet from property lines,
The site currently has no landscaping and is covered f rom property line to property line with
pavement, The land use language, which governs this property, states that redevelopment should be
oriented to housing, commercial uses and public spaces that suppo~~t t1~e earisti~2g cl~a~'acter of the area
~downtown~. There has been a great deal of work completed in downtown in recent years to create
character. This was accomplished through building standards, the installation of the concrete paver
sidewalks, and the completion of the fullylandscaped civic park,
Given the fact that the propertyis located in a high traffic area and is highlyvisible, staff believes
this is a great opportunityto address the subject site, which has fallen into disrepair and lacks any
landscaping.
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Case File: CU 14-04
Page 4
Fast Cash
Staff had prepared a site plan sketch ~attached~ in the past far another par~ylooking at this site for a
restaurant type of business, At that time the City Engineer also recommended that access be
restricted to R.a.ilxoad Drive. Staff had overlaid what we interpreted as the propertylines and
indicated the required setbacks. The plan accounted f or only one access point and provided 13
parking stalls. It also provided space for required landscaping such as turf areas and trees, By
providing a landscape buffer along Jackson Avenue and Railroad Drive, it separates the pedestrian
sidewalks from the vehicular traffis on the site,
Tt appears, with the proposed project, the site can accommodate ut' ' ing only one access point,
provide the required parking and add landscaping,
~~cab~e a u~a~®n~
Canditianal Use Pe~~nit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
~. Weill not endanger; i~ jug°e ar de~rl~ne~z~aly affect tl~e use a~zd e~ jay~~e~2~ of a~I~e~°prope~ y in ~I~e i~n~~aediate
vicc~ai y or the public health, safe y, ~r~arals, carnfart, caj2venience argeneral Welfare of t1~e neigl~barl~aad or the
~y,
2. dill be consistent ~vith floe comprehensive plan.
3. Dill not impede t1~e normal and o~ der~~ development dnd improvement of surf"o1~nd2n~ ?JaCant prapery.
~, 1~ill be served adequately by and a~ill not advei°sely affect essential public facilities and services including
struts, police a~ad fire~ratectia~z, drainage, refuse di.~osal pater and suer sy~te~ns, ~a~°~~ a~~d schools; a~ad
gill not, in particular, create tra~c congestion or irate Terence pith tra~c on adjacent and nei~Iabo~~ing pr~blic
thoroug] fares.
5'. ~~ill ~aat involve uses, activities, processes, materials, equipment and conditions of operation t1~at gill be
detrimental to any persons ar proper y because of excessive tra~c, ~aaise, sa~~o~e, fumes, glare, odor°s, dust or
vibrations,
~. mill not result in the destr~~ction, lass ar damage of a natural, scenic or I~istarac feature of major impo~~ance.
7. mill fully ca~nply pith all other requirements of t1~is Cade, ijacluding a~~ applicable reguire~nents a~ad
standards far the issuance of a license ar pe~~nit to establish and operate tl~e proposed use in the ci y,
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 complywith the standards set forth in
Section 30-654.
Tn the review of the standards for CUP as outlined, based on the inf ormation supplied to date, it
appears that the CUP standards are not addressed. Further inf armation may alleviate some issues,
Ct~®~1 Motion by Second by Vote
®[~®
S:IPLANIVING MAlNlCase FileslCUP1CU 10-04 Fast Cash1CU 14-04 PC,doc
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~~~ ~ M ~ t f ^ ~ `r
T Jeremy arnhar~, Plannin ana r
ii Anders®n, Fire Marshal
DATE: ara h a~ o
U JT: U ~ Op0 FAST CASH
The site plan .review corntx~.ttee met on 3/2/Z0~0 and ~ would like to make the following
comments;
~.. ~~. the request by Kenneth ~eaudry for a Conditional Use Per~n~t for a Fast
Cash business at 35G Jacl~son A.ve. we have contacted the l1~PCA and tallied
with Jennifer Lopac, the field went far Sherburne County. the stated that in
2445 the Peaudry ail Company requested and was issued a 5 year extension
for removing the fuel tanl~s at the above address and at this tune the extension
has expired and that address would not be granted any additional tune.
2. The Elk River Fire Department is requiring the removal of the tanl~s
and dispensing fuel system at 35G Jackson Ave in Elk River Nfly.
~f you have any other questions, please feel free to call me at the Elk River Fire
Department at 763.63 5.1110,
116110
I will buy, sell, trade household goods like Tv's, DvD's, movies, toys, gold coins and
similar goods. ~y business hours will be Tuesday through saturday from lpm -~ 6pm,
In the early stages of the business,l wi11 have myself and ane employee to assist me.
I wi11 require 5 parking stalls for my customers.
I will install a sign on the building approximately 4' x 10'
I will have a 20' x 20' cyclone fence, locked at night to store my products outside. I will
display the products in the front of the building during the day.
I will make a larger door in the building to bring some of the more valuable goods inside.
This will be located where the fence will be constructed.
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Start had prepared. des site plan sl~e~eh ~n ~~~ past ~~~ another ~ar~. lao~tn~ at this site ~c~r a restaurant
tie at usiness~ Sraft lead ~~-erlaid «~hat ~~-as ntez-~re~ed ~.s the ~ro~aert~T lines ~~~ indicated the re ulred - -
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setb~ac~s, the plan accounted ~~~ ~nl~- ane access pint and pro~-ided ~l~ arl~n~ stalls, ~t ais~~ ra~-ided " , _`
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space for re~u~red Iandscapin such as turn areas and trees, ';
~4,
This is ~us~ for reference a~~d does not ir~~~l ~ reconlt~et~daton b T staff;
._ _
M. Garg
CU 10-04
Fast Cash
Location Map
March 9, 2010
•Although staff is recommending the PC
postpone this request for one month
•Staff wants to provide a presentation
•All of the comments will be consistent
Recommendation
regardless of what is being proposed
Site Plan
•Applicant wants to buy, sell, trade household •Previously used as a fueling station and
goods like TV’s, DVD’s, movies, toys, gold convenience store
coins and similar goods•Vacant building
•Gold coins are precious metals which require •Three fuel dispensing systems
license from the County•Two underground tanks
•Hours of operation•One free standing sign structure
Proposed Use
•Tuesday –Saturday
•1pm –6pm.
•Applicant and one employee
•4’x 10’sign
Site
1
•Proposing displaying and storing product
•20’x 20’fenced-in area
•Chain link proposed
•Due to its visibility, wrought iron type
•Not uncommon request
•Past requirements on comm& ind
•Most recently for the enclosure for Elk River
Boat storage (CU 10-01).
Site Plan
Site
•Submitted site plan only indicated fenced-in •Jackson Ave -major collector street
area •The proximity to the RR crossing and the
•Access points unclearintersection with railroad drive do congest
•Paved from property line to property linetraffic movements in the area
•No survey, unclear where property •To limit the amount of conflict points
Transportation
lines/easements are located•Recommend access to the site be restricted
•To properly review any setback to RR Drive as far to the east as possible
requirements, staff recommends that a •The added traffic could tax an already poor
Site Plan
survey be completedfunctioning intersection
•Also recommendingan engineered site plan
be completed showing siteimprovements
which should include concrete curb and
gutters
•Circulation around the site•Fire Marshall and MPCA are requiring the
•Proposed fenced-in area will impede removal of the tanks & pumps
vehicular circulation around the building
•Corner of the bldg 17-20 feet
•Parking setback is 10 feet
Transportation
•Drive lane 20 feet around a building is
required by the fire department
•The size and location of the fenced-in area
needs to be addressed
Utilities
•A survey will answer some of these
questions
2
•Parking -9 stalls with 10 foot setbacks•Work completed in DT through building
•Site currently has no landscapingstandards, concrete paver sidewalks, and the
LandscapingLandscaping
•Covered from prop line to prop line with completion of the fully landscaped civic park
pavement•The property is located in a high traffic area
•Land use language, which governs this and is highly visible
property, states that redevelopment should •Staff believes this is a great opportunity to
be oriented to housing, commercial uses and address the subject site, which has fallen
public spaces that support the existing into disrepair and lacks any landscaping
--
Site PlanSite Plan
characterof the area (downtown)
•Staff had prepared a site plan sketch
•Overlaid the interpreted property lines and
Beacon Property Lines
Landscaping
indicated the required setbacks
•Plan accounted for only 1 access point and
provided 13 parking stalls
•City Engineer also recommends access be
restricted to Railroad Drive
•Also provided space for required landscaping
-
Site Plan
•A landscape buffer along Jackson Avenue
and Railroad Drive, separates the pedestrian
sidewalks from the vehicular traffic on the
site
•It appears, with the proposed project, the
site can accommodate:
LandscapingLandscaping
•Utilizing only one access point
•Provide the required parking
•Provide the required landscaping
--
Site PlanSite Plan
3
Recommendation
•In the review of the standards for CUP,
based on the information supplied to date, it
Staff recommends that the
Staff recommends that the
•
•
appears that the CUP standards are not
PC open the public
PC open the public
addressed
hearing, take public
hearing, take public
•Further information may alleviate some
comment, continue the
comment, continue the
CUP standards
issues
public hearing and
public hearing and
postpone action until the
postpone action until the
April 13, 2010 PC meeting.
April 13, 2010 PC meeting.
Council ReviewM. Garg
If not postponed…
If not postponed…
•
•
This item will be reviewed
This item will be reviewed
•
•
at the march 15 City
at the march 15 City
Council Meeting.
Council Meeting.
4