PUBLIC HEARING: Consider Request for an Interim Use Permit to Utilize an Alternative Surface for Expansion of Outdoor Sales/Display Area at 7575 Highway 10 NW & the Adjacent Vacant Parcel to the East; Case of M & G Trailer Sales and Service

M & G Trailer Sales and Service desires to expand their outdoor sales/display area to accommodate a larger inventory of trailers.  Presently, they are at maximum capacity for display within their existing parking lot at 7575 Highway 10 NW and would like to expand to the east onto a vacant parcel owned by the City (collectively referred to as the "Subject Property").  Thus, they have applied for an Interim Use Permit to expand their display area to the east utilizing Class V gravel rather than asphalt or concrete. Use of an alternative surfacing material is permissible with the issuance of an Interim Use Permit.

Staff attempted to notify all Property Owners within 350 feet of the Public Hearing. A Public Notice was also advertised in the Anoka UnionHerald, the City's official newspaper.

The Subject Property is located in the H-1 Highway 10 Business District.  In September of 2013, an amendment to the commercial/industrial off-street parking standards related to the Highway 10 Official Map Area (as well as a few other defined areas related to future transportation improvements) became effective, which allowed for the use of alternative surfaces under certain conditions.  Alternative surfaces can only be used to expand existing parking lots and can only be for the display of merchandise; primary parking for customers and employees must still comply with the standards of the underlying zoning district.  The alternative surfacing must maintain a minimum setback of five (5) feet from any stormwater pond and at least twenty (20) feet from public road rights of way (standard greenspace requirement), and finally, the alternative surface must be completely screened from view at ground level from public rights of way and adjacent properties.

The proposed expansion of surfacing will extend from the eastern edge of the applicant's parking lot east onto the adjacent, vacant property, which is owned by the City.  The surfacing will consist of two (2) inches of Class V gravel material that will cover approximately 40,000 square feet.  The applicant is proposing to maintain a twenty (20) foot greenspace area, matching the existing greenspace provided on the applicant's property, and also will retain twenty (20) feet of greenspace along the northern edge as well.  This is to ensure that the disturbed area remains below one (1) acre, thus avoiding the need to obtain a Lower Rum River Water Management Organization permit.  The site drawing also indicates that seventeen (17) arborvitae shrubs will be installed in two (2) staggered rows within the greenspace along Highway 10 to provide screening of the alternative surfacing.  However, the applicant has acknowledged that an alternative evergreen species may be used and the screening may also be partially accomplished through other landscaping techniques as well.

The applicant will need to provide additional details to the City prior to City Council consideration.  Specifically, existing and proposed grades/elevations need to be provided for review and approval to fully understand where stormwater runoff will be directed.  The applicant is aware of this requirement.

The Interim Use Permit, as drafted, is for the full duration of five (5) years.  The City Council does have the authority to approve a duration greater than five (5) years as long as the date or event that will terminate the use can be identified with certainty.  However, historically, the City Council has not deviated from the maximum duration of five (5) years.  If an applicant desires to continue the interim use, they would be required to reapply for a new Interim Use Permit prior to the date of termination.  It has been some time though since the City last reviewed this policy and thus, if the Planning Commission believes a longer term may be appropriate, that recommendation could be made.

The majority of the expansion area will be on a parcel owned by the City.  Therefore, the applicant is also working with City Staff on a lease agreement for use of this land.  The lease agreement will be presented to City Council for consideration at the same time as the request for an Interim Use Permit.

The request has been forwarded to MnDOT for review/comments as the Subject Property is adjacent to Highway 10.  As of the writing of this case, Staff has not received a response.  However, it should be noted that no new access from Highway 10 is proposed.  Access to the expanded sales/display area will be internally through M & G Trailer Sales and Service's existing parking/display area.  In fact, for security purposes, the applicant will be installing/extending a chain link fence around the leased area that would prohibit access to the leased area except from through their existing parking lot. The site is impacted by the Highway 10 Access Planning Study initiated by Mn/DOT, although the exact timing of any implementation of this study has yet to be defined. The current information available as part of this study identifies this site as a full acquisition and removal of use.

Alternatives/Options

Alternative #1: Recommend that the City Council adopt Resolutions #14-04-067 and #14-04-068 related to a request to utilize an alternative surface for expansion of outdoor sales/display area.  In the fall of 2013, the City amended the commercial off-street parking regulations to provide an exemption to the bituminous/concrete surface requirement in defined areas subject to future transportation improvements, including those parcels in the H-1 Highway 10 Business District.  The proposed expansion complies with the standards provided in Ordinance #13-16 and thus, Staff supports this option.

Alternative #2: Recommend that the City Council adopt amended Resolutions #14-04-067 and #14-04-068 related to a request to utilize an alternative surface for expansion of outdoor sales/display area.  Should the Planning Commission identify additional conditions and/or want to amend proposed conditions, those should be incorporated into the motion and Staff can make the revisions prior to consideration by the City Council.

Alternative #3: Recommend that the City Council not adopt (deny) Resolutions #14-04-067 and #14-04-068 related to a request to utilize an alternative surface for expansion of outdoor sales/display area.  It appears that the proposed improvements comply with the standards outlined in Ordinance #13-16 and thus, Staff does not support this option.


 

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

City Staff recommends approving Resolutions #14-04-067 and #14-04-068 to allow the use of an alternative surfacing material (Class V gravel) contingent upon the applicant entering into a Lease Agreement for use of a portion of City-owned land.

Motion to recommend City Council adopt Resolutions #14-04-067 and #14-04-068 allowing the use of an alternative surfacing material to expand an outdoor sales/display area contingent upon the applicant entering into a Lease Agreement with the City for use of a portion of City-owned property.