Consider Options Related to an Approved Conditional Use Permit For Motor Vehicle Sales at 8175 Riverdale Dr NW

On December 13, 2011, the City Council approved a conditional use permit (the "Permit") for motor vehicle sales in the B-2 Business District for Quality RV (the "Permittee").  The Permit addressed several issues including the temporary use of an unimproved surface for display of inventory and allowing class V gravel rather than pavement and curb and gutter.  The Permit stated that both the temporary use of the unimproved surface and the installation of class V gravel shall be completed no later than June 30, 2012 and that grading and drainage plans must be submitted and approved by June 30, 2012 to initiate the Permit.

The temporary use of an unimproved surface was requested and approved to allow the Permittee to start moving their inventory over from their Elk River site over the winter. Due to the season, it wasn't feasible to install a proper surface. Class V gravel, rather than pavement and curb and gutter, was requested and approved due to the preferred alignment of the future Armstrong Blvd/Highway 10 interchange, which will directly impact the property in question. 

The owner of the property did submit a drainage plan on June 26, 2012, which was considered incomplete because it lacked details needed to verify adequate on-site stormwater management.  Staff has relayed to the property owner the deficiencies with the plans, stated what information is still necessary and identified why that information is needed.

The June 30, 2012 deadline passed without approved plans, without the installation of the class V surface, and with inventory still being displayed on an unimproved surface.  At this point, there are several options that the City could consider: (1) a one-time brief (30-60 days) extension to allow the Permittee and the property owner to complete the necessary tasks to comply with the terms of the Permit; (2) reduce the inventory such that it is only on the existing, paved areas; (3) consider scheduling a public hearing to discuss revoking the Permit for failing to comply with the Permit terms.

Staff continues to work with both the Permittee and the property owner to resolve the outstanding issues. The preferred alignment of the Armstrong Blvd/Highway 10 interchange has created some difficulty for both the Permittee and the property owner because of the uncertainty of if and when that project may commence. They have expressed concern about an inability to recoup their expenses for both plan preparation and the actual on-site improvements if the interchange project moves forward within a few years.  However, Staff still believes that a one-time extension of no more than sixty (60) days should be considered to provide the Permittee and the property owner a chance to submit the necessary information for plan review, approval by the City, and ultimately, the installation of the class V material.

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

Motion to approve a sixty (60) day extension so the Permittee and property owner can provide updated, complete grading/drainage plans for review and approval by the City and complete the installation of surfacing to comply with the approved conditional use permit.

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Motion to require the Permittee to reduce their inventory such that it is only displayed on the existing improved surface on the property.

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Motion to direct Staff to schedule a public hearing to consider revoking the conditional use permit.