Adopt Resolution #26-024, Approving a Conditional Use Permit for Motor Vehicle Repair Uses at 14310 Sunfish Lake Boulevard NW (Clark Companies)

Josh Clark with Clark Companies (the "Applicant") has submitted a Land Use Application to allow for Motor Vehicle Repair uses within the existing buildings at 14310 Sunfish Lake Boulevard NW (the "Subject Property"). The property, zoned I-1 Light Industrial, contains two buildings (one measuring 14,440 square feet, and the other measuring 6,200 square feet), 33 parking stalls, and two driveways onto 144th Avenue NW. To accommodate the automotive repair use, the Applicant is requesting a Conditional Use Permit for Motor Vehicle Repair.

It should be noted that this request is speculative in nature, meaning that the Permittee does not have definitive tenants looking to operate a motor vehicle repair business on the property at the time of writing this case. Rather, the Applicant is seeking approval of the Conditional Use Permit to market the eight leaseable suites to motor vehicle repair businesses, as well as other businesses that may work on their own vehicles or equipment as ancillary support of their non-auto-repair business. Other permitted businesses will be allowed to operate in the buildings.

Subject Property
The Subject Property, 14310 Sunfish Lake Boulevard NW, is located in the southeastern part of Ramsey, bounded by 144th Avenue NW to the north, Azurite Street to the west, Sunfish Lake Boulevard to the east, and smaller industrial properties to the south. The Subject Property is zoned I-1, Light Industrial District, and is guided for Business Park land uses in the City's 2040 Comprehensive Plan. Surrounding properties are also zoned Light Industrial and guided for Business Park land use.

Site Plan
This request is unique in that the site improvements were made prior to the Conditional Use Permit request. A building permit and certificate of occupancy were approved for warehousing.  The Site Plan includes an existing 14,440 square-foot building labeled as "Building 1", an existing 6,200 square-foot building labeled as "Building 2", 33 parking stalls, and other site improvements. These buildings pre-date most of the buildings and roadways in the surrounding business park.  Two existing driveways connect the parking lot to 144th Avenue NW.  The western parking lot was recently added with administrative approval.

Building Improvements
The Applicant has been making improvements to the existing buildings to accommodate new uses. The existing buildings' were granted a certificate of occupancy for warehousing. However, the Applicant is seeking a variety of other types of businesses to lease spaces in the buildings.  Mr. Clark is aware that motor vehicle repair use will require a change to occupancy. Therefore, additional building permits and new certificates of occupancy are required to meet Building and Fire Codes. The Applicant has also provided written architectural code analyses for each building to explain what improvements will need to be made to accommodate motor vehicle repair uses, should they come forward for a lease. Additionally, no new signage has been proposed on the submitted plans, but any proposed signage will be reviewed administratively in accordance with Chapter 108 of City Code.

Utilities
The buildings are connected to municipal water and sewer. One condition of approval is the need for a new Sewer Availability Charge (SAC) Determination letter, as required by the Metropolitan Council. This is because the building uses are changing from warehousing to automotive repair which may have an impact on the sewer system. The Engineering Department will need to review the changes and the Metropolitan Council SAC determination. The SAC changes may trigger a change to the Water Availability Charge (WAC) as well. 

Conditional Use Permit Standards for Motor Vehicle Repair
As is common for most conditional uses in Ramsey, the requested conditional use has a set of specific performance standards that need to be met before that use can be approved. Those conditions are listed below, as stated in City Code Section 106-525 (in italics):

• All repair operations must be conducted inside a building. - The property owner is responsible for ensuring all spaces utilized by motor vehicle repair businesses are large enough to accommodate all repair operations.
• All vehicles must be properly licensed. - The property owner is responsible for ensuring compliance with this condition.
• Parking of any vehicle is prohibited on an adjacent public roadway. - While not explicitly stated in the Conditional Use Permit, the property owner is responsible for ensuring all vehicles are parked on-site and not parked on any adjacent street. If necessary, "No Parking" signs may need to be installed, with installation costs being the responsibility of the applicant. Additionally, Staff have added another condition stating that all parking standards in Section 106-560 of City Code must be met for all uses on the Subject Property, and that if the current 33 parking stalls are insufficient for meeting minimum parking requirements for all tenants, an amendment to this Conditional Use Permit shall be requested.
• Visibly damaged vehicles parked outdoors must be screened. - The Applicant has expressly stated that no visibly damaged vehicles will be parked outdoors. If the Applicant or any of his tenants requests to have any outdoor storage of visibly damaged vehicles, motor vehicle parts, or other items in the future, an amendment to this Conditional Use Permit shall be requested.
• No vehicle dealer's license will be issued for the property. - Vehicle dealer's license applications are reviewed by Planning Staff, as regulated by the Minnesota Department of Public Safety, to ensure that a given property is properly zoned for Motor Vehicle Sales. Since Motor Vehicle Sales are a conditional use in the I-1 zoning district, and the Permittee is not seeking a CUP to allow Motor Vehicle Sales, this use will not be allowed on the property.

Staff have built upon the above criteria to add conditions that meet the spirit and intent of a speculative motor vehicle repair use, while at the same time protecting the health, safety, welfare, and general character of the surrounding neighborhood. These conditions have been reviewed by City Staff and the City Attorney.

Additional Considerations
As noted above, this Conditional Use Permit is not connected to a specific user or a specific suite. Rather, the Applicant is seeking approval for the Conditional Use Permit for the eight (8) leasable suites to allow for increased flexibility for prospective tenants. This is a fairly uncommon approach, as Conditional Use Permits are typically sought by tenants and then designed to meet the specific needs of the tenants, the property, and the surrounding neighborhood. Staff have researched past cases and conferred with the Building Official and Fire Marshal to ensure this Conditional Use Permit is sufficient for meeting the Applicant's request while simultaneously protecting the City's interests.

Alternatives
Alternative 1: Approve the Conditional Use Permit, contingent upon satisfying the conditions listed in Resolution #26-024 as requested by the Applicant and recommended by the Planning Commission and staff.
Alternative 2: Approve the Conditional Use Permit with modifications, based on supporting findings of fact.
Alternative 3: Deny the Conditional Use Permit, based on supporting findings of fact.