PUBLIC HEARING: Request for a Conditional Use Permit to Allow Motor Vehicle Sales at 6750 Highway 10 NW (Project No. 18-102); Case of 22 Properties

22 Properties (the "Applicant") has submitted an application for a Conditional Use Permit at 6750 Highway 10 NW (the "Subject Property") to allow automobile sales and detailing. The Applicant is proposing to store, display, sell, and wash/detail vehicles. The Subject Property is currently used for boat sales by Son Watersports.

City Staff attempted to notify all property owners within 350 feet of the Subject Property of the request via U.S. mail and published a notice of public hearing in the Anoka Union Herald, the City's official newspaper.

The Applicant has submitted an application for a Conditional Use Permit to allow automobile sales and automobile detailing at 6750 Highway 10 NW (Lot 2 Block 1 of Riverside West), where Son Watersports currently does business. The Applicant is proposing displaying vehicles for sale, washing and detailing vehicles, and storing vehicles outside that are waiting to be washed and detailed. The Subject Property is within the B-2 Highway Business District. This district allows for motor vehicle sales and repair with the issuance of a Conditional Use Permit.

Staff was unable to find record of a previous conditional use permit for the Subject Property.

The Planning Commission was previously introduced to this topic on February 1st, 2018 via request of the Applicant to discuss potential alternatives to paving the unimproved surfaces. Planning Commission was generally supportive of the new business but Staff heard varying opinions on the topic of paving the unimproved surface.

After discussions with the Planning Commission, the Applicant has proposed to pave a section of the unimproved surface immediately, and phase in the paving of the front section of the parking lot. The Applicant is proposing to utilize the unimproved section for storage of un-detailed cars. The Applicant has provided paving estimates, shown in an attachment. The 14,300 square foot front section would cost approximately $52,000. The 6,500 square foot section would cost approximately $25,000.

Staff generally supports the Conditional Use Permit. However, Staff believes it should be contingent upon bringing the Subject Property into compliance with current zoning standards, which require paving of the parking lot. Staff believes the entire surface should be paved, in order to prevent future code compliance issues and in order to improve the image of Highway 10 as directed by the City Council. Additionally, Staff notes that previous applicants have had to bring properties into compliance with current standards in order to expand or amend conditional use permits.

In 1990, a previous site plan review was granted on the condition of providing a bituminous driveway and parking area. This is shown in an attachment. Please note the attachment address is for 6750 Ramsey Blvd, Lot 2 Block 1 Riverside West, the same property as the Subject Property.

Additionally, the fence on the property is within the right-of-way. The encroachment of the fence into the public road right-of-way must be corrected.  Furthermore, City Code requires a twenty (20) foot wide green space adjacent to public roads and any paving must comply with this standard.  It is also noted that there have been issues with the water main onsite in the past.  It is something that should be addressed prior to any paving occurring and Engineering Staff will discuss this matter with the Applicant.

Alternatives

Alternative 1: Recommend approval of Resolution #18-045 granting a Conditional Use Permit to allow motor vehicle sales and detailing on the Subject Property contingent on the Applicant bringing the property into compliance with the terms of the Zoning Code. Staff would support this alternative.

Alternative 2: Recommend approval of Resolution #18-045 granting a Conditional Use Permit to allow motor vehicle sales and detailing on the Subject Property with a portion of the site paved, as shown in the proposed paving map. The full site would need to be paved by 2022. Staff is open to this alternative but prefers Alternative 1.

Alternative 3: Recommend denial of Resolution #18-045.  This would prohibit the use of the property for motor vehicle sales. There is sufficient room on the Subject Property to accommodate motor vehicle sales and detailing. Again, as long as the Applicant brings the Subject Property into compliance with the terms of the Zoning Code, Staff would not support this alternative.

The Planning Commission can also request additional information before making a decision, which would require postponing action on the case. Current site plans are simply hand drawn. The Planning Commission could request a more detailed site plan. Staff does not necessarily believe this is necessary, as it will be a requirement of final administrative/permit approval. Staff supports a policy decision on the overall approach before more detailed and costly plans are prepared.

The Applicant is responsible for all costs associated with this request.

Staff recommends approval of the Conditional Use Permit contingent upon the Applicant bringing the property into compliance with the terms of the Zoning Code.

Motion to recommend City Council adopt Resolution #18-045 approving a Conditional Use Permit, contingent upon bringing the Subject Property into compliance with the Zoning Code.