Adopt Resolution #18-212 approving a Conditional Use Permit (CUP) Application for Auto Sales and Service at 6021 Hwy 21 (Project #17-151); Case of Roman Gadaskin.

The purpose of this case is to consider a conditional use permit request to allow car sales and service to be conducted from 6021 Hwy 10 which is the former ICO gas station. Automotive sales and service are a conditional use within the H-1 Highway 10 zoning district. The Applicant has received interest from a prospective company who's company produces and applies vehicle advertistement wraps that would like to utilize the site. This use is most similar to automotive sales and servicing. The Applicant has submitted building plans that would renovate the former gas station building for the purposes of serving as an office and service center.

The Planning Commission considered this request at its regularly scheduled meeting on November 1, 2018.  The draft minutes of that meeting have been included with this case.  The Planning Commission recommended approval of the requested Conditional Use Permit pursuant to the Staff Review Leter and approval of construction plans by the City Engineer.

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 Comprehensive Plan guides the subject property for Commercial use and is zoned H-1 Highway 10 District. The proposed business is consistent with the Commercial Use Comprehensive Plan guidance and the H-1: Highway 10 district as the proposed use is consistent with Motor vehicle sales and service which is listed as a Conditional Uses in the H-1 Highway 10 district. The H-1: Highway 10 District requires that open and outdoor storage areas shall be surface with concrete or blacktop and finished with continuous concrete curbing.  Grading, drainage, and erosion control plans must be submitted and approved by the City Engineer.

The Applicant has not requested any additional outside storage outside of cars to be parked for auto sales.  No inoperable or damaged vehicles may be parked outside.  The Applicant has proposed a service garage and any vehicles to be serviced would be parked within the building.

The H-1: Highway 10 District requires 1 deciduous/coniferous trees per 50 lineal feet of site perimeter or 1 tree per 1,000 square feet of building footprint area, whichever is greater.  City code also requires 1 shrub per 30 lineal feet of site perimeter or 1 per 300 square feet of building footprint area, whichever is greater. The 1,300 lineal feet is the greater requirement of the two. As a result 26 deciduous/coniferous trees are required and 43 shrubs are required. These landscaping requirements are being reviewed based on the entire site requirements and in connection with the CUP application for Truck Garant from the same property.  The required totals indicated below are reflective of the entire site and cover the requirements of both CUP’s.     Required Deciduous/Coniferous Trees 26 Shrubs 43  

Per the city code, one parking stall is required for every 300 square feet of office space or one parking stall per 1,000 square feet of industrial space. The site plan shows the existing building to be approximately 2,000 square feet building with 35 parking stalls where only 7 are required by City Code. The 35 proposed spaces are more than what is required to meet City Code but are necessary for the property to be used for car sales.

The developer will be required to enter into a Development Agreement with the City to ensure the timely construction of required improvements. The Development Agreement will also require a financial surety in the amount of 125% of the cost of required improvements. The financial surety shall be in the form of a Letter of Credit or cash escrow only. The Development Agreement will also require an Engineering Inspection Fee of 5% of the cost of required improvements. The escrow must be in the form of a cash escrow. The City will prepare a draft Development Agreement for your review once an engineer’s estimate has been provided by the Applicant.

Alternatives

Alternative 1: Adopt Resolution #18-212 Approving a Conditional Use Permit for automotive sales and service at 6021 Highway 10. Based on the conditions listed for approval staff is supportive of Alternative 1.

Alternative 2: Recommend denail of Resolution #18-212 Approving a Conditional Use Permit for automotive sales and service at 6021 Highway 10.  The proposed use appears reasonable for the property and when the conditions are adhered to as it relates to paving, striping, and building improvements, the use would be an improvement for the property. Staff is not supportive of Alternative 2.

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

The Planning Commission recommended approval of Resolution #18-212 Approving a Conditional Use Permit for Automotive Sales and Service for the property at 6021 Highway 10.

Motion to adopt Resolution #18-212 approving a Conditional Use Permit for Auto Sales and Service at 6021 Hwy 10, contingent upon conformance with the Staff Review Memo and approval of construction plans by the City Engineer.