Adopt Resolution #24-089 Approving a Site Plan and Conditional Use Permit for an Automotive Repair Shop at 5195 142nd Avenue (Project No. 24-102); case of Complete Auto Service

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 (we have not received any comments back).  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.  The building height would be approximately twenty-five (25) feet.  There will 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 panels, integral color rock face block, integral color smooth block, and will also include pre-finished metal canopies over the entrance.

There are forty-six parking stalls identified on the Site Plan, with twelve (12) of them within a fenced-in area.  This is where the vehicles awaiting service will 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 worked with the Applicant to shift the privacy fence closer to the parking lot so that the plantings could be placed 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 (left over from the former gas station operation on the Subject Property).  The Applicant is proposing to retain both accesses.  Based on Staff review comments, the Applicant has modified the Site Plan so that the western access will remain in its current location (rather than moving it slightly closer to Highway 47).  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).

During the Public Hearing, the Planning Commission discussed traffic and potential safety issues related to the two accesses.  More specifically, they asked about the potential of the eastern access serving as the entrance and the western access serving as the exit and wanted the City Council to at least consider this scenario.  The Applicant noted that this could create potential safety issues within the site and also noted that it would not be the most welcoming environment for customers due to the privacy fence screening the view of the interior parking lot.  However, the Applicant did revise the plans so that the privacy fence is no longer across the eastern driveway.  The fence has been shifted north, away from the eastern driveway.  But, this has resulted in about seven (7) parking stalls now being outside the privacy fence, which the Applicant is not happy about. 

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 City Council can, if it so desires, add additional conditions to the draft Conditional Use Permit as long as they are directly related to the operation of the proposed use, the site improvements, and/or screening.

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, it is within the Scenic River Protection Overlay District.  This Overlay District restricts impervious surface coverage to no more than thirty percent (30%).  The revised plans provide a breakdown of pervious and impervious surfacing.  The project will consist of approximately seventy percent (70%) impervious surfacing, which requires a variance.  Staff sent information related to this request to the MN Department of Natural Resources (DNR) for any comments or feedback.  The MN DNR did not object to the variance but did inquire whether there would be any stormwater mitigation. The Environmental Policy Board (EPB) also reviewed this aspect of the project at their March 18, 2024, meeting and supported issuing a variance.  Ultimately, the Planning Commission did approve a variance at their March 28, 2024, meeting.

The Planning Commission conducted a Public Hearing on March 28, 2024.  Comments that were received from the public (one written and one verbal) focused on noise, pollution, traffic, and the potential concern of the site becoming an eyesore.  The plans do include a privacy fence around the eastern portion of the parking lot, along with landscaping outside the fence, which, combined, should provide adequate screening of cars awaiting service.  Plumbing and Building Codes will ensure proper containment of automotive fluids to prevent pollution.  Since there is no direct access to the Subject Property from Highway 47, it is inevitable that there will be additional vehicles on Xkimo Street.  However, this would be true regardless of the type of business, since the only way to access any business in this corridor is from Xkimo Street.
 
Alternatives
Alternative 1: Approve the Site Plan and Conditional Use Permit.  Motor vehicle repair is allowed in this zoning district with the issuance of a Conditional Use Permit.  The Applicant has attempted to address Staff's comments related to screening (moved the privacy fence closer to the parking lot so that plantings could go outside the fence) and access (agreed not to shift the western access closer to Highway 47, which was shown on the original to the Subject Property).  Staff supports this alternative.

Alternative 2: Approve the Site Plan and Conditional Use Permit with added or modified conditions.  This would be based on City Council discussion.  Staff would not oppose this option but will note that the Applicant has expressed serious concern over requiring one way in to the site and one way out of the site.  

Alternative 3: Do not approve the Site Plan and Conditional Use Permit.  The proposed use is allowed in the zoning district with the issuance of a Conditional Use Permit.  The Applicant has attempted to modify the plans to address Staff's comments.  Staff does not support this alternative.

The Planning Commission recommended adopting Resolution #24-089 approving a Conditional Use Permit and Site Plan for Complete Auto.  The Planning Commission also requested that City Council discuss the two accesses and contemplate requiring the eastern access to serve as the entrance and the western access to serve as the exit.  The applicant has modified the site plan based on the Planning Commission's discussion by moving the fence and gate north so that the eastern driveway is accessible at all times.  

Motion to adopt Resolution #24-089 approving a Conditional Use Permit and Site Plan for Complete Auto at 5195 142nd Avenue.