Adopt Resolution #16-05-094 Adopting Findings of Fact #0962 Relating to a Request from Bethel Properties LLC for an Amended Conditional Use Permit to Expand Surface Parking Area for Motor Vehicle Sales in the B-2 Highway Business District at the Property Located at 7820 Riverdale Drive NW and Adopt Resolution #16-05-095 Approving the Issuance of an Amended Conditional Use Permit for Same (Project #16-59)

A Conditional Use Permit for motor vehicle sales on the property located at 7820 Riverdale Dr NW (the "Subject Property") was approved by the City on June 25, 2013. Bethel Properties, LLC (the "Applicant") has submitted an application for an amendment to that Conditional Use Permit to expand the parking area for motor vehicle sales on the Subject Property.

Staff attempted to notify all Property Owners within a 350 foot radius of the Properties of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald.

The Subject Property was originally developed with a private well and septic system. However, as a result of the Riverdale Drive extension project, the Applicant connected to municipal water and sanitary sewer services and has properly abandoned the septic system. The abandonment of the septic system provided the Applicant with additional space to expand the surface parking to accommodate more vehicle display area, which in turn, would allow the Applicant to market more office spaces for prospective tenants. The driver behind the parking lot expansion is the State of Minnesota (Minnesota Department of Public Safety - Driver and Vehicle Services) requirement that all motor vehicle dealers have a minimum of five (5) dedicated parking stalls in order to obtain the required Minnesota Vehicle Dealer License.

The Applicant also owns the adjacent parcel to the west and was granted a Conditional Use Permit for motor vehicle sales on that parcel as well. The Applicant's business model is tailored to smaller motor vehicle dealers and start-ups that don't have large inventories of vehicles. The Applicant has noted that oftentimes, his tenants may only have one (1) or two (2) vehicles displayed at any given time, but due to the State requirement for five (5) dedicated stalls, he could not lease out additional office space until he could expand the parking lot.

In accordance with comments from the Planning Commission, the Applicant has provided an amended Site Plan identifying only the required parking spaces per City Code.  There are still some revisions necessary as outlined in the Staff Review Letter dated May 13, 2016. 

The Subject Property is adjacent to a residential zone to the south and thus, a buffer yard area is required with additional plantings.  100% opaque fencing is an alternative that City Code would also allow; however, plantings would still be required, granted at a lesser rate (plantings could be reduced by ten percent [10%]).  The original approval of the Site Plan for the Subject Property contemplated a privacy fence but ultimately, it was determined that landscaping would be a more preferable screening.  Also, as part of the approval of the original Conditional Use Permit, additional coniferous trees were installed. The Applicant is proposing an additional ten (10) evergreen trees to be installed along the south lot line to enhance the existing screening.  Between existing trees and berms, it does appear that this will provide sufficient buffering from the adjacent residential property.

A majority of the parking expansion will be utilized by future motor vehicle dealer tenants of the adjacent parcel at 7850 Riverdale Drive. The expansion includes creating an internal shared access between the Subject Property and the adjacent lot to the west. While Staff is not opposed to this connection, it will require the recording of a Cross Access Easement against both properties.

The Planning Commission held a public hearing on this request at their April 7, 2016 regular meeting.  There was one comment received from the owner of the adjacent, residentially zoned parcel.  That property owner does not object to the expansion but is requesting a privacy fence be required similar to what a nearby business (Pleasureland RV) installed.  The Planning Commission noted this comment for the record but did not include requiring the fence within their recommendation.

Alternatives

Alternative #1: Adopt Resolutions #16-05-094 and #16-05-095 approving the request for an Amended Conditional Use Permit contingent upon compliance with the Staff Review Letter dated May 13, 2016. Staff is not opposed to the requested amendment as long as the modifications outlined in the Staff Review Letter are incorporated into the Site Plan. Staff supports this alternative.

Alternative #2: Adopt modified versions of Resolutions #16-05-094 and #16-05-095. Modifications could include requiring striping of the entire site rather than just the required stalls per City Code and/or requiring the Applicant to install alternative screening (such as a privacy fence), or other items based on discussion.

Alternative #3: Do not approve the request for an amended Conditional Use Permit. The current use of the Subject Property is authorized through an existing Conditional Use Permit. The proposed expansion is acceptable as long as it is in accordance with the provisions of City Code. Staff does not support this alternative.

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

The Planning Commission recommended approval of an Amended Conditional Use Permit contingent on compliance with the Staff Review Letter dated April 1, 2016 (revised May 13, 2016).

Motion to Adopt  Resolution #16-05-094 Adopting Findings of Fact #0962 Relating to a Request from Bethel Properties LLC for an Amended Conditional Use Permit to Expand Surface Parking Area for Motor Vehicle Sales in the B-2 Highway Business District at the Property Located at 7820 Riverdale Drive NW

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Motion to Adopt Resolution #16-05-095 Approving the Issuance of an Amended Conditional Use Permit for Same (Project #16-59).