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 are three (3) 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 significant impact to 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. 

The Planning Commission recommended that Staff work with the City Attorney regarding the sunset clause to allow for flexibility in the deadline in the event the deadline passes, but the construction of the interchange appears to be within the immediate future.  Staff will continue to work on exact language as to the proper legal form with the City Attorney.

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.  Mn/DOT has responded with no direct concerns related to the CUP; however, they have requested to receive the grading, drainage and surfacing plan as well to review how stormwater will be managed and whether they would be any additional run-off into their right-of-way.  As of the writing of this case, no comments have been received from the County.

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

The Planning Commission held a public hearing regarding this case on December 1, 2011. No written or verbal comments were received at the public hearing or by mail. The Planning Commission recommends City Council approval of the applicant's CUP contingent upon the following:
 

• Review and recommendation of the City Attorney regarding the proposed surface material sunset clause (the Planning Commission stated that they wanted some flexibility within the CUP so it could be extended administratively if the Armstrong/Highway 10 interchange project is delayed); and

• Use of unimproved surface terminated by June 30, 2012.

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, subject to review by the City Attorney as to legal form.

-and-

Motion to adopt the Resolution approving the conditional use permit to permit motor vehicle sales, contingent on review and approval by the City Attorney, subject to review by the City Attorney as to legal form.