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6.4. SR 03-15-2010T~ Iten1 umber Ci Council Benda ecti®n eetin ate repare Communi Develo meat N1a~.•ch 15, 2010 Chris Leeseber ,Park Planner-Planner Mten~ escriti®n eviewed y Request by I~en Beaudry/M. Gang for Conditional Use Permit Jerem Barnhart, Plannin Mana er for Fast Cash Business, 35G Jacl~san Avenue, Public Hearing - eviewed Y Case moo. C~J10 04 cti~n e ~ ueste Staff recommends that the City Council open and continue the public hearing. No action is being requested on the application at this thee. tannin ~r~r,issi®n iscussi®n The Planning Commission opened the public hearing, took public comment, continued the public hearing and postponed action until the April 13, 2010 Planning Commission meeting. There was no Planning Commission discussion or recommendation, ublic ®r~nment There Was no public comment. ttachr~ents ® Staff report to Planning Commission dated March 9, 2010 cti®n iii®w Motia~ by Second by Vote S,~PLANNING MAiN~Case Files~Ct1P~CU 10-~~ Fast Cash~CU 10-04_CC-1.doc ~~ ever REQUEST FOR ACTION `°' ~~ c~i~~ _ euese Staf ~ recommends that the Plai~nirig Commission open the public hearing, take public comment, continue the public hearing and postpone action until the April ~3, Z01o Planning Commission meeting. Background 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 TV's, DVD's, movies, toys, gold coins and similar goods. ~tachm~~n~s Location Map Memo from Fire Marshal dated March 3, Z01o ® Applicant's Nari~.tive ® Site Plan~s~ ® Site Plan Sketch ~re~erence only} Case File; CU 10-04 Page Z enera.N Nn®rn~t~~n Fast Cash l~c~n Fast Cash Best ct~~n Conditional Use Permit ,y ~ N ~ The City must take action by March 25, 20 ~ o L~cat~®n a~n ~e Approximately.32aeres north east of Jackson Avenue and Railroad Dnve. Overview The property is zoned C1 Central Commercial with a Land Use designation of Old Town. The propertyhas been vacant for at least five years. The subject propertyis located at the north east corner 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 f ree standing sign structure, three f uel dispensing systems and two underground fuel tanl~s. ~t is not known if the sign is conf orming or not, based on the information 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 ~ 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 f encing is proposed to be cyclone in nature chain link}. Due to its visib' 'ty, staff would recommend that the f encing be a wrought iron type of f encing. This is not an uncommon request f or these types of applications as the city has made it requirements on commercial and industrial properties, most recently for the enclosure for Elk River Boat storage CCU ~0-01}. Analysis Site Plan 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 anysetback requirements for structures, signs, and parking, staff recommends that a survey be completed to show property lines, easements and location of underground tanl~s on the property. Staff also recommends that an engineered site plan be completed showing the site improvements which should include concrete curb and gutters. Tran.r~ortatian 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 proximityto the rail road crossing, and the intersection with railroad drive congest traffic movements in the area. To limit the amount of conflict points on Jackson Avenue, staff 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 S;IPLANNING MAINICase FileslCUP1CU 10-04 Fasx CashICU 10-04 PG~doc Case File; CU 1Q-a4 Fast Cash Page 3 possible. The added traffic as a result of this proposal will tax an already poor 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 17-20 feet setback from the property line. The required parking setback is 10 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 information is necessary to complete a review. ~tilitie~ The Fire Marshal, through his communication with the Minnesota Pollution Control Agency ~N~PGA}, 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. Com„~~~el~el~si~~e Pla~~ The old Town land use category reflects the unique land use mixture in and around the Downtown. A variety of uses fit into the old Town designation: community scale retail, prof essional services, public/civic uses, park, of fices, dining and entertainment, banking, Iodgixag, 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-familyneighborhoods. These neighborhoods are an important part of Elk River's heritage and identity and offer affordable housing options. The majority of the existing high density housing is located in the Old Town The Old Town designation reflects the need and opportunity for preservation, revitalization, renovation and redevelopment. Redevelopment should be oriented to housing, commercial uses and public spaces that support the e~sting character of the area. Parks and natural features playan essential role in the plan for Old Town. This area provides the greatest opportunityfor improved access and connection with the Mississippi River. Site PlazalL.andrea~ilag With the size of the building and the proposed fenced area, the parking requirements for the site would be nine stalls with parking setbacks being 10 feet from propertylines. The site currently has no landscaping and is covered from 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 support the exi.rti~~g character 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 opporturiityto address the subject site, which has fallen into disrepair and lacks any landscaping. s;1PL~INNING MAIN1Case FilesICCJP1G~110.04 Fast Cash1CU 1a~4 P~dac ~~ Fi.~e; cv ~ao4 Page 4 Fast Cash Staff had prepared a site plan sketch (attached) in the past for another party looking at this site for a restaurant type of business. At that time the City Engineer also recommended that access be restricted to Railroad Drive. Staff had overlaid what we interpreted as the property lines and indicated the required setbacks. The plan accounted for 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 traffic on the site. It appears, with the proposed project, the site can accommodate ut~ ~ ing only one access point, provide the required parl~ing and add landscaping. pl~cabl~ a ulat®~~ Conditional ~Tse ~e~~~ait The issuance of a Conditional Use Pernut can be ordered only if the use at the proposed location: 1. Dill not endanger; i~~ure ar detrimentally affect the use and e~ jo~~~ze~z~ of o~]~e~°pro~c~~~ i~~ ~I~e im~~aedia~e ~ncc~zi y ar tl~e~ul~lic ]~ealt]~, safety, ~~aarals, camfo~~, ca~z~e~aie~ace orge~2eral ~velfare of t]~e ~~ei~I~l~a~~I~ood ar tl~e ~y. ~. dill be consistent ~it1~ tl~e campy°elaensive playa. 3. dill not impede the nor~~aal a~ad orderly deuelapment and irnprave~aaent of purr°aundira~ vacantpr°oper~y, 4, Dill be served adequately by and ~vill not adver°sely affect essential public facilities a~ad ser~~ices includi~ag streets, police and fireprotection, drairaa~e, refuse disposal, ~vater° and se~er° systems, par°~s and schools; and gill root, in particular, create tra~c congestion ar inte9 ference ~it]~ tra~c a~a adjace~~t a~~d neig]~l~o~~ing public thorougl fares. 5. dill not involve user, activities, processes, materials, equ~ment and caraditions of operation that avill be detrimental to ary per°saras orpraper~ because of excessive tra~c, noise, smo,~e, fumes, blare, odors, dust ar vibr°atioras, 6. Dill not result in the destruction, lass or damage of a natural, scenic ar° I~istar~c feature of major ir~ipor~arace, 7, Will fully car~ply ~vit1~ all other requirements of this Code, i~2cludisa~ any applicable require~ne~ztr a~2d standards for the issuance of a license ar permit to establish arad operate tl~e 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 complywith the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, based on the information supplied to date, it appears that the CUP standards are not addressed. Further information may alleviate some issues. Ct~~n Motion by Second by Vote ®~~® s;1Pr~NG MAIN1Case FileslCUP1CU 1a~~ Fast CashICU 1aa~ PC.~oc Wk! 6£~DF~6 aY0Zf9Z/Z'6mp~deW ua~I~aollyse~ ~se~ I~-~T fl~idtl~lsa~l~ a$a~1~NINN'd1d1~S ~o,, w ~, , yi '~ ~ '~ ~ .~ ' - _ ~ - ~`_ -' ~ .~ ' ~ ~ r +,~ • `- ~ ~ _ - + - _., ~ ~: , ~ Y ~ r. ~ 4 jf ~~ -i~~ -~~.~ F ~ 19 ~ ~~ 1~ t i ~ ~ ~~ H '~, ~ -- o. }~ - ~ i ~ ~~ ~ ,~ F. ~ ~- ,, ~ . ~ -- 'gig re~^ /1 [`/] K ` t ~ ~ & a ~ ~' ' : ~ Lit r, C i ~. R ~ !d ~~N ~ ~ J '?_ ~ ; ~ ~ ~` - ~ f~ £. , s dS 4 ~~ e ~• .` ~~ e.. - r II `Y` 1 4, ~ ~ 1 y ~~ '~. T' pa ~~ ~'~ ~ ~ Ih '~ -,- ; , ~ . y 4y f ' 3 mil°-' ~ y ~ ~ ' '~: a } 4 .: ~ ~. - ~ f Y "~. rr ~ ~ r ,~ w 1 ~~ ~ ', y ~ ~ ~ MEMORANDUM T: Jeremy rn~ar~, Plnnin Cana er FR Cliff Andersen, dire Marshal DATE: larch , 2010 SUBJECT: U 1 DmD BAST CASH The site play. review comrn~ttee met on 3/2~Zolo a~.d ~ would eke to make the follow~g comme~~s: 1, ~~. the request by lienneth Beaudry for a Conditional Use Permit for a Fast Cash business at 35G Jackson Ave, we have contacted the NrPC.A. and balked with Jennifer Lopac, the Meld went for Sherburne County. the stated that in ZU05 the Beaudry ail Company requested and was issued a~ 5 year extension for removing the fuel tanks at the above address and at this time the extension has expired and that address would not be granted any additional time, 2, The Elk River lire Department is requiring the removal of the tanks and dispensing fuel system at 35G Jackson Ave ~ Elk River Nll~, 1f you have any other questions, please feel free to call nee at the Elk River Fire Department at 763.635.1 ~ 10. ~~ i ~6~ ~ o ~ will buys sell, trade household goods like TV's, DVI)'s, movies, toys, gold coins and similar goads. My business hours will be Tuesday through Saturday from fpm - fpm, In the early stages of the business, ~ will have myself and one employee to assist me. l will require 5 parking stalls for my customers. l will install a sign on the building approximately 4' x 10' l will have a 20' x 20' cyclone fence, locked at night to store my products outside. l will display the products in the front of the building during the day, l 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, ~^ ~! 1 _ ~ '~ - 'i ' cFi ~~. ~ -. :. r -~ ~: F ~ ~+~ :, , ~: b -!' , _ ~' ._.. _~.. _ _~~ --. e -~- ,. -._.. _ _ 'y~f n i~ ~' ~_ ~ 1 ti iC ,, .~, ~1C~nt5 tm ~. P!` ~` ~ . ~ 'v . ~~ ~~ { w~ f~ _ /~IY. _ ~~,d f }' t _ ~~.. - ~`~ ~F; 9 ~i } ~,~ ~~ 3 e = '_ p,~' ~~~~~ 1 ~°' f~ ~~ L.d ~ ~ ..i ~- ... ~ •~. ~' St~~ ll~d ~re~~red ~~is site plan s~etc~~ in t~~e Est far anatl~ei art~T 1aok.in ~t this site ~c~r ~ restul~nt t~~e ~~ ~us~ness, t~~~ ~~~d ~~-e~~~id «~t ~~~as lt~te~~~eted as the z•~~ert~T lines a~~d ~~~dica~ed t~~e required +,-; ~ ~: ~ _ ~ uu- >~~K4.'a,' i ~q~' L EY -~. ~. set~ac~s, The ~~~n accounted fc~r an~~- one access paint i~d p~~~-fded ~~ prl~~ stalls, ~t ls~ ~ror~ded ~-~~-. space for required l~.ndscapin such ~s turd areas and trees, s.-- 4- Th~s ~ just fir ~~e~e~el~ee a~~d daes ~~at in~~l~~ a ~•eear~~~T~el~d~tiol~ b~~F sta~~: