PUBLIC HEARING: Consider a Site Plan, Variance, and Conditional Use Permit for a Proposed Automotive Repair Shop at 5195 142nd Avenue

The City has received an application from Complete Auto Service Ramsey Inc. (the "Applicant") for a Site Plan and Conditional Use Permit for a proposed automotive repair shop located at 5195 142nd Avenue NW (the "Subject Property").  After initial review of the plans, Staff determined that a variance would also be necessary, as the proposed impervious surface coverage exceeds the thirty percent (30%) site coverage allowed under the Scenic River Protection Overlay District.

City Staff attempted to notify all property owners within 350 feet of the Subject Property, according to Anoka County's property records, via standard U.S. mail, of the Public Hearing on March 28, 2024.  A notice of the Public Hearing was also published in the City's official newspaper, the Anoka Union Herald.  Finally, a "Proposed Development Action" sign was also placed on the Subject Property.

 

General Background 
The Subject Property, which used to have a gas station on it, is approximately one (1) acre in size, is zoned B-2 Community Business District, and is guided as Commercial in the 2040 Comprehensive Plan.  Motor vehicle repair is a Conditional Use in this zoning district.  A Conditional Use is a permitted use that the City can attach reasonable conditions to in the form of a Conditional Use Permit.  The Subject Property is not only within a Drinking Water Supply Management Area (DWSMA), but also within a ten (10) year capture zone, which means that stormwater infiltration is not permitted.  Due to the Subject Property abutting Highway 47, as a courtesy, Staff sent the Site Plan to MNDOT for any potential comments.  Furthermore, Staff also sent the Site Plan to the MN DNR for comments related to the variance aspect of the project.

Site Plan
The Site Plan proposes a new building that is a little less than 10,000 square feet in size.  Building height would be approximately twenty-five (25) feet.  There would be thirteen (13) bays within the building for vehicle service (services such as oil changes, tires, brake repairs, etc. but it does not include body work) and four (4) overhead doors. The exterior finish of the building will consist of Nichiha block, integral color rock face block, integral color smooth block, and will also include refinished metal canopies over the entrance.

There are forty-seven parking stalls identified on the Site Plan, with nineteen (19) of them within a fenced-in area.  This is where the vehicles awaiting service would be parked.  City Code requires one (1) stall for every three (3) enclosed bays, plus one (1) stall for each full-time employee.  The proposed building meets or exceeds the required setbacks from all property boundaries.  The Site Plan also includes a proposed privacy fence that would provide some screening of the parking lot from the residential properties on the east side of Xkimo Street.  Staff has recommended that the Applicant shift the privacy fence closer to the parking lot and to install the plantings outside the fence.  This will still maintain screening of the use from the residential properties across the street, but will soften the aesthetics more so with the landscaping outside the fence.

There are two (2) existing accesses to the Subject Property currently, both on 142nd Avenue.  The Applicant is proposing to retain both accesses, but would be shifting the western one slightly closer to Highway 47 and the eastern one slightly closer to Xkimo Street.  There is an existing concrete sidewalk adjacent to the Subject Property along Xkimo Street.  The Site Plan does show a future trail parallel to Highway 47 (there is an existing trail easement across the western portion of the Subject Property), which the city is looking at constructing to connect with the trail segment north of the Subject Property (up near the intersection of Xkimo Street and Highway 47).

The Subject Property is within the Metropolitan Urban Service Area (MUSA) and therefore, will need to connect to sanitary sewer and municipal water, which is shown on the plans.

Conditional Use Permit
As noted previously, Motor Vehicle Repair is a Conditional Use in the B-2 Community Business District.  City Code Section 106-525 (Performance Standards) (11) outlines specific standards that are applicable to any new motor vehicle repair business.  These have been incorporated as conditions into the Conditional Use Permit.  Additionally, Staff also included conditions prohibiting cannibalizing vehicles on site for parts to be used to repair other vehicles and prohibiting the storage of parts outside on the Subject Property.  The Planning Commission can, if it so desires, add additional conditions to the permit that are directly related to the proposed use.

Variance
Although the Subject Property is about 700 feet away from a back channel of the Rum River, and about 1,000 feet away from the main channel of the Rum River, the Subject Property is within the Scenic River Protection Overlay District.  This Overlay District does restrict impervious surface coverage to no more than thirty percent (30%).  The revised plans do provide a breakdown of pervious and impervious surfacing.  The project would result in approximately seventy percent (70%) impervious surfacing, which would require a variance.  Staff sent information related to this request to the MN Department of Natural Resources for any comments on the variance.  As of the writing of this case, Staff has not received any comments from the MN DNR.  The Environmental Policy Board (EPB) did review this aspect of the project at their March 18, 2024, meeting and supported issuing a variance.

Three Factor Test for Variances

Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property owner.  This includes reasonableness, uniqueness, and essential character.

• Reasonableness: The construction and operation of a motor vehicle repair shop is a Conditional Use in the B-2 Community Business District.  This would be considered a reasonable use of the property.
• Uniqueness: The Subject Property is not a riparian lot and is approximately 700 feet from a back channel of the Rum River and approximately 1,000 feet from the main channel of the Rum River.  Furthermore, the proposed impervious surfacing is necessary to meet the parking requirements and standards in City Code. 
• Essential Character: Multiple businesses in this commercial corridor have received a variance to the impervious surface coverage standard. Some lots in this commercial corridor appear to have close to 100% impervious surfacing coverage and/or have received a variance for a similar percentage of impervious surfacing coverage while being much closer to the back channel of the Rum River.  Therefore, the increased impervious surfacing coverage would not alter the essential character of the neighborhood.

All costs associated with this request are the Applicant's responsibility.

The EPB recommends approval of the landscape plan, contingent upon compliance with Staff's review comments and recommends approval of the variance to the impervious surfacing coverage.  Staff recommends approval of the Site Plan and Conditional Use Permit, contingent upon compliance with Staff's review comments.

Motion to approve Resolution #24-088 granting a variance to the maximum impervious surfacing standard in the Scenic River Protection Overlay District.

-and-

Motion to recommend approval of Resolution #24-089 to approve the Site Plan and Conditional Use Permit.