Agenda - Planning Commission - 12/01/2011

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Regular Planning Commission Meeting Date: 12/01/2011 By: Patrick Brama, Administrative Services 6. 2. Title: PUBLIC HEARING: Request for a Conditional Use Permit to Permit Motor Vehicle Sales at 8175 Riverdale Dr NW; Case of Quality RV Background: The City has received a conditional use permit (CUP) application from Quality RV to permit motor vehicle sales. In 2009, motor vehicle sales was reclassified from a Permitted Use to a Conditional Use in the B-2 Highway Business District. The proposed use constitutes an expansion of a lawful, non -conforming use, and thus a CUP is required. The Application also includes a request to use Class V gravel rather than the required paving/curbing due to the potential Highway 10/Armstrong Boulevard interchange project and seeks permission to utilize the unimproved surface over the winter to display their inventory until the 2012 construction season begins in order to complete the expanded parking area. Notification: In accordance with State Statute and City Code, Staff attempted to notify all property owners within 350 of the Subject Property of the Public Hearing via Standard US Mail. A Notice of Public Hearing was published in the Anoka County Union. Observations: The Subject Property is located on Riverdale Dr NW, south side of Highway 10 and just west of Armstrong Blvd. Quality RV, currently an Elk River business, will be relocating its operation to the Subject Property either late this year (2011) or in January of 2012. The Subject Property is zoned B-2 Business District and motor vehicle sales is currently considered a conditional use within this zoning district. However, motor vehicle sales were being conducted on the site in 2009 when the use was reclassified from a permitted use to a conditional use and continued to be offered on the Subject Property within the past twelve (12) months. Therefore, motor vehicle sales on the Subject Property is considered a lawful, nonconforming use per Minnesota Statute and City Code. Since the lawful, non -conforming use is expanding, the proposed use must comply with current standards and thus, the CUP is required at this time. The Subject Property consists of three (3)separate parcels. As it stands today, there is a building that Quality RV will operate from on the western parcel (8175). The western parcel also contains substantial surface improvements used for parking/display space. The central parcel (8151) is partially improved and contains no buildings. The improved portion of the central parcel is used for parking/display as well. The eastern parcel (8101) is vacant and contains no buildings or surface improvements. The improved surfaces on the western and central parcels consist of asphalt and some continuous concrete curb and gutter. Contained within the CUP three important terms and conditions worth noting: (A) The Applicant has requested to deviate from the required surface improvement materials; (B) The Applicant will be required to submit a Grading and Drainage Plan to the City Engineer before surface improvements commence; (C) The Applicant has requested the temporary use of unimproved surface for parking and display space. Request to Deviate from Parking and Maneuvering Area Surfacing Requirement The Applicant has requested the use of Class V material for parking surface rather than the required bituminous surface with continuous concrete curb and gutter. The rationale for this request directly relates to the proposed redevelopment of the Armstrong Boulevard/Highway 10 interchange. If the interchange project moves forward, it would result in a required purchase of the Subject Property to complete the project. A sunset clause has been included as a term of the proposed CUP that would require the surfacing of the Subject Property to be