PUBLIC HEARING: Request for a Conditional Use Permit to Permit Motor Vehicle Sales at 8175 Riverdale Dr NW; Case of Quality RV

The City has received a conditional use permit (CUP) application from Quality RV to permit motor vehicle sales.  In 2009, motor vehicle sales was reclassified from a Permitted Use to a Conditional Use in the B-2 Highway Business District.  The proposed use constitutes an expansion of a lawful, non-conforming use, and thus a CUP is required.  The Application also includes a request to use Class V gravel rather than the required paving/curbing due to the potential Highway 10/Armstrong Boulevard interchange project and seeks permission to utilize the unimproved surface over the winter to display their inventory until the 2012 construction season begins in order to complete the expanded parking area. 

In accordance with State Statute and City Code, Staff attempted to notify all property owners within 350 of the Subject Property of the Public Hearing via Standard US Mail. A Notice of Public Hearing was published in the Anoka County Union.

The Subject Property is located on Riverdale Dr NW, south side of Highway 10 and just west of Armstrong Blvd.  Quality RV, currently an Elk River business, will be relocating its operation to the Subject Property either late this year (2011) or in January of 2012.  The Subject Property is zoned B-2 Business District and motor vehicle sales is currently considered a conditional use within this zoning district.  However, motor vehicle sales were being conducted on the site in 2009 when the use was reclassified from a permitted use to a conditional use and continued to be offered on the Subject Property within the past twelve (12) months.  Therefore, motor vehicle sales on the Subject Property is considered a lawful, nonconforming use per Minnesota Statute and City Code.  Since the lawful, non-conforming use is expanding, the proposed use must comply with current standards and thus, the CUP is required at this time.

The Subject Property consists of three (3)separate parcels. As it stands today, there is a building that Quality RV will operate from on the western parcel (8175). The western parcel also contains substantial surface improvements used for parking/display space. The central parcel (8151) is partially improved and contains no buildings. The improved portion of the central parcel is used for parking/display as well. The eastern parcel (8101) is vacant and contains no buildings or surface improvements.  The improved surfaces on the western and central parcels consist of asphalt and some continuous concrete curb and gutter.

Contained within the CUP three important terms and conditions worth noting: (A) The Applicant has requested to deviate from the required surface improvement materials; (B) The Applicant will be required to submit a Grading and Drainage Plan to the City Engineer before surface improvements commence; (C) The Applicant has requested the temporary use of unimproved surface for parking and display space.

Request to Deviate from Parking and Maneuvering Area Surfacing Requirement
The Applicant has requested the use of Class V material for parking surface rather than the required bituminous surface with continuous concrete curb and gutter. The rationale for this request directly relates to the proposed redevelopment of the Armstrong Boulevard/Highway 10 interchange. If the interchange project moves forward, it would result in a required purchase of the Subject Property to complete the project.  A sunset clause has been included as a term of the proposed CUP that would require the surfacing of the Subject Property to be upgraded to comply with the standards of City Code Section 117-115 by June 30, 2016 or upon notice from the City should the interchange project not move forward, whichever occurs first. 

Grading and Drainage Plan
The Applicant will be required to submit a grading, drainage and surfacing plan to the City for review and approval prior to commencement of any improvements.  The Applicant has also been informed that they will be responsible for obtaining any and all other applicable permits prior to commencement of site improvements, including but not necessarily limited to, Lower Rum River Watershed Management Organization (LRRWMO) and National Pollutant Discharge Elimination System (NPDES) permits.  Among other requirements, the Applicant shall demonstrate that the proposed use will not discharge surface water directly into the right-of-way.

Temporary Use of Unimproved Surface for Parking and Display Area
Due to the time of year of this request, any grading/surfacing work that will need to be completed won't begin until the 2012 construction season.  Therefore, the Applicant is seeking permission to temporarily utilize the unimproved surface on site to display their merchandise until such time in 2012 that the improvements can be installed.  A condition of the proposed CUP allows for the temporary use of unimproved surfaces no later than June 30, 2012.

Information related to this request has been forwarded to both Anoka County and Mn/DOT for review and comment.  As of the writing of this case, no comments have been received.

The Applicant is responsible for all City costs incurred in administering and enforcing this Permit.

Staff recommends approving Quality RV's request for a Conditional Use Permit for to permit motor vehicle sales as well as their request to deviate from the surfacing requirement and to temporarily utilize an unimproved surface for display of inventory contingent on the following:

• Use of unimproved surface terminated by June 30, 2012; and
   
• A sunset clause be included in the CUP stating that surfacing will be upgraded to comply with the requirements of Section 117-115 of City Code by June 30, 2016 or upon notice by the City that the Highway 10/Armstrong Boulevard interchange project is not moving forward, whichever occurs first.

Motion to adopt the Resolution adopting Findings of Fact related to a request for a conditional use permit to permit motor vehicle sales in the B-2 Highway Business District on the following properties: 8175, 8151, and 8101 Riverdale Dr NW.

-and-

Motion to adopt the Resolution approving the conditional use permit to permit motor vehicle sales, contingent on the above stated items.