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HomeMy WebLinkAbout2019-12-04 WC Recorded CUP #1262732Receipt:# 454335 USE $46.00 Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 1262732 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Certified Filed and/or recorded on: 12/4/2019 10 46 AM 1262732 Certificate #: 77694 Office of the Registrar of Titles Washington County, Minnesota Jennifer Wagenius, Registrar of Titles NOTICE OF CERTIFICATION STATE OF MINNESOTA COUNTY OF WASHINGTON ss. CITY OF OAK PARK HEIGHTS ) 1, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional use permit For A private Auto Club With Auto Sales, Minor Auto Repair and Outside Storage At 5899 Nova Scoda Ave., N. M =-. RMW Eric I City � CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR PRIVATE AUTO CLUB WITH AUTO SALES, NUNOR AUTO REPAIR AND OUTSIDE STORAGE FOR BOO BOO'S GARAGE AT 5899 NOVA SCOTIA AVENUE NORTH Planner's File No. 236.02-19.09 Date Issued: September 24, 2019 M I Is, MUM Parcel 1: Lot 1, Block 1, Goodwill Addition, according to the plat thereof, Washington County, Minnesota. Parcel 2: Non-exclusive easements for the purposes of drainage and retention of stormwater, includini� a &ht of access to the easement area as contained in Ponding and Dmi�,�V Easement Agreement dated April 25, 2007, filed April 26, 2007, as Document No. 1176898. Owner: Boo Boo's Garage, LLC Attn: Pat Velasco, Manager 5 8 99 Nova Scotia Avenue Oak Park Heights, MN 55082 Applicant: Pat Velasco and Kevin Craile 106 Okeechobee West Santa Rosa Beach, FL 32459 :-: . I i 1 6 1 . 11111 11111 I. CUP PERNUT: The property located in the B-4, Limited Business District is a developed lot at the time of the application, with a building established on site formerly used as a Goodwill retail sales business. The applicant does not propose any building or site changes. Applicant proposes to use the site for a private automobile club, with indoor storage of vehicles and minor auto repair and an enclosed outdoor storage trailer occurring on site. The subject property requires a Conditional Use Permit to allow minor auto repair and outdoor storage in the B-4, Limited Business District. The proposed use satisfies all required conditions of the zoning code and is in general conformance with the neighborhood. 1 of 23 �! - �01 I �W , It �1- T- �11 L �,- R+':.91M FT, aWlm 91 ILI - City Council of the City of Oak Park Heights, which are as follows: 2. The Applicant shall provide a structural plan for the wooden access ramp that has been installed demonstrating it is structurally appropriate for vehicle traffic; AM 1161010 KKI7&MW kg$201471 4. The outdoor lighting shall be turned off one hour after closing, except approved security lighting; 5. Major changes to the landscaping or new plantings are subject to review and approval of the City Arborist; 6. Changes to the building to accommodate interior car storage and repair f W shall require a Building Permit from the City; ev- 7. Any new mechanical equipment that is located on the roof or ground I and visible from street level or from neighboring properties shall be screened with materials that blend harmoniously with the building facad materials; 8. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance signage standards; R5. ,11-1 noise generated from the business shall be compliant with Section 401.15.B. I I of the Zoning Ordinance. The service door to the building shall be closed at all times except when vehicles are moved in and out of the service entrance; 10. All auto sales and auto repair activities shall be conducted indoors and shall be limited to the private auto club members; 1. All storage of trash, recycling, materials, parts and supplies shall be interior to the building; 12. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County; 2 of 23 and, 13. If the City receives complaints on the location of where the enclosed trailer is located, the City Council may reconsider the storage location or require additional screening through an amended Conditional Use Permit. H. Reference Attachment: The City Planner report dated September 6, 2019, and all exhibits therein, are annexed hereto by reference as "Exhibit A." III. Abandonment: This Conditional Use Permit requires continuous use in order to preserve the Conditional Use granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of twelve (12) continuous months shall constitute abandonment and void the permit. IV. Annual Review: Annual review is not imposed as a condition of this permit. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CIT F 0 ARK HEIGHTS Date: y 70mbezr-- or LOM Date: t i 1 M. GARAGE, LLC Y .. Pat Velasco, Manager I CITY PLANNER REPORT DATED SEPTEMBER 6, 2019 4 of 23 NWWWNM� 11111111111111ft 3601 Thurston Avenue N, Suite 100 MrqL Anoka, MN 0,. Phone: 763.231.5840 a; I MIL Eel N =1;11161 : Eric Johnson FROM: Scott Richards DATE: September 6, 2019 RE: Oak Park Heights — Boo Boo's Garage — Conditional Use Permit — Auto Sales, Minor Auto repair and Outdoor Storage — 5899 Nova Scotia Avenue FILE NO: BACKGROUND 236.02 —19.09 Pat Velasco and Kevin Craile of Boo Boo's Garage, LLC, have made application for a Conditional Use Permit to allow for a private auto club with auto sales, minor auto repair and outdoor storage at 5899 Nova Scotia Avenue North. The private auto club is dedicated to classic and rare automobiles that will operate out of the building that was formerly Goodwill. The property is zoned B-4, Limited Business District in which indoor automotive sales is a permitted use and the minor auto repair and outdoor storage is a Conditional Use. The Applicant plans to occupy the existing building and not make significant changes to the building or site. Attached for reference: Exhibit 1: Project Narrative Exhibit 2: Layout Plan (C2.1) Exhibit 3: Floor Plan (Al) Exhibit 4: Site Pictures ISSUES ANALYSIS Project Description. A project narrative has been submitted and is found as Exhibit 1, The proposed use is described as follows: "Applicant plans to develop a one -of -a -kind, private automobile club dedicated to classic and rare automobiles that will operate out of the existing building on the property. The M property's building will serve as a unique community gathering space for vehicle aficionados to enjoy and appreciate vintage and exotic automobiles in a museum type format it will also likely serve as an event space for automobile showcases, corporate gatherings, and private parties. Applicant seeks to, offer memberships enabling members to use the property's building to: • Lease year round, climate controlled, secured storage and exhibition space to store and display classic and rare automobiles, • Perform basic automotive maintenance and repairs, such as minor mechanical repair and washes, and • Sell small quantities of classic and rare automobiles directly to consumers as a licensed Vehicle Dealer." Surrounding Uses. The adjoining uses to this site are: • North — Offices and Residential • Northeast — Residential • Northwest — Aldi Grocery • East — Residential • South — Utility Easement/Line and Drainage Pond • Xcel Energy Substation Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for automotive sales, service and outdoor storage is consistent with this land use designation. Zoning Ordinance. The property is zoned B-4, Limited Business District in which Indoor retail sales is a permitted use. The Applicant is not proposing outdoor automotive sales and that use is not allowed within the B-4 District. A Conditional Use Permit is required to allow the minor auto repair and the outdoor storage of an enclosed trailer. The Applicant has indicated that the proposed maintenance to be performed at the site will include oil changes and car washes, both of which are allowed under minor auto repair. The proposed trailer is 28 feet in length and enclosed. Review of the criteria for the Conditional Use Permit is found later in this report. Setbacks. The building and parking areas are compliant with all setback requirements. There are no changes planned to the building or parking setbacks with this project. Traffic Circulation/Curb Cuts/Security access to Nova Scotia Avenue North. entrance to the site. A rapid entry lock other emergency services access. 6 of 23 Gate. The existing curb cut will remain for A security gate has been installed at the box will be installed to provide police, fire and 2 Parking. There is a total of 73 parking spaces on site, four of which are disability assessible. Five of the stalls on the original site plan will now be used for trailer parking. The parking calculations are as follows: There is more than adequate parking for customers, employees and special events. Site/Landscaping. The Applicant has indicated that they are not planning to change the exterior of the building or make site changes. They are planning to make minor landscape improvements. Major changes to the landscaping will require City approval. Wood Access Ramp. A wood ramp to access the rear of the building has been added. The Building Official has indicated that the ramp will require a structural plan. The Applicant is working with the architect and engineer to provide the required plan. Lighting. The Applicant has indicated that no changes will be made to the existing exterior lighting for the site. Any changes to the lighting will require City review and installed in compliance with the lighting standards of the Zoning Ordinance. Trash, Tires and Recycling Storage. The Applicant has indicated that all trash, tires and recycling storage shall be done inside the building. All hazardous waste storage and disposal will need to comply with State and Washington County regulations and permitting requirements. Mechanical Screening. Any new exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. Grading, Drainage, Erosion Control and Utilities. No changes are planned to the grading, drainage or utilities. Design Guidelines. There are no changes to the building proposed at this time. Any exterior changes that require Design Standards review will need to be addressed by the City. Signage. Freestanding Signs. The existing freestanding sign near Nova Scotia Avenue will be used for the business. 7 of 23 Requirement Area Spaces Required Retail 1 space per 200 sq ft 13,320 sq ft 67 Maintenance Area 1 space for each 800 sq ft over 1,000 sg ft 4,602 sq ft 6 Total 1 73 There is more than adequate parking for customers, employees and special events. Site/Landscaping. The Applicant has indicated that they are not planning to change the exterior of the building or make site changes. They are planning to make minor landscape improvements. Major changes to the landscaping will require City approval. Wood Access Ramp. A wood ramp to access the rear of the building has been added. The Building Official has indicated that the ramp will require a structural plan. The Applicant is working with the architect and engineer to provide the required plan. Lighting. The Applicant has indicated that no changes will be made to the existing exterior lighting for the site. Any changes to the lighting will require City review and installed in compliance with the lighting standards of the Zoning Ordinance. Trash, Tires and Recycling Storage. The Applicant has indicated that all trash, tires and recycling storage shall be done inside the building. All hazardous waste storage and disposal will need to comply with State and Washington County regulations and permitting requirements. Mechanical Screening. Any new exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. Grading, Drainage, Erosion Control and Utilities. No changes are planned to the grading, drainage or utilities. Design Guidelines. There are no changes to the building proposed at this time. Any exterior changes that require Design Standards review will need to be addressed by the City. Signage. Freestanding Signs. The existing freestanding sign near Nova Scotia Avenue will be used for the business. 7 of 23 Wall Signage. No wall signage is proposed at this time. Sion Illumination. All existing and new signs will be required to comply with the Zoning Ordinance sign and lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Noise. With the proximity of residential properties to the northeast, control of noise with the site was a concem with the Goodwill and now with this use. It will be important that the Applicant keeps all of the maintenance inside of the structure and that the doors to the maintenance areas be closed except when vehicles are moved in and out of the structure. Conditional Use Criteria: Section 401.301.E.2. Auto repair -minor and tire and battery stores and service, provided that the use accessory to and intemally located within a retail sales operation: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All buildings shall comply with the City's Design Guidelines. Comment: The building is in place and there are no changes planned at this time. b. The entire site .other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. Comment: The parking lot, building and landscaping is in place. C. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (950) feet. Comment: The site complies. d. A drainage system subject to the approval of the City Engineer shall be installed. Comment: The site complies. e. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. Comment: The site complies. 8 of 23 f. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 401.15.8.7 of this Ordinance. Comment: The lighting as installed was compliant. Any changes to the outdoor lighting will need to be installed in compliance with the Zoning Ordinance. g. At the boundaries of a residential district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. Comment: The site is compliant. h. Parking spaces shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. Comment: The site is fenced, and landscaping was installed as part of the original development. i. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer, Comment: The access point is not being altered with this request. j. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15. G. of this Ordinance. Comment: The signage is required to be compliant with the Zoning Ordianance. k. Provisions are made to control and reduce noise. Comment: Noise will be addressed in the conditions of approval. 1. No outside storage except as allowed in compliance with Section 401.301. E. 5 of this Ordinance. Comment: A Conditional Use Permit has been requested for the outdoor storage of the enclosed trailer. M. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.301.E.6 of this Ordinance. 5 9 of 23 Comment: The City Council may choose to revisit the conditions if the business changes in any significant way. n. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. Comment: The City Council may choose to revisit the conditions if the business changes in any significant way. o. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The conditions are reviewed in this report. Section 401.301.E.4 Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. Comment: The area is fenced, and landscaping was installed more than 10 years ago. b. Storage is screened from view from public right-of-way in compliance with Section 401.15.E. of this Ordinance. Comment: The storage area will not be visible from the public right of way. C. Storage area is grassed or surfaced to control dust. Comment: The area is paved. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. Comment: The lighting is currently compliant. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Comment: The criteria for Conditional Use Permit is reviewed as follows in this report. 6 10 of 23 Section 401.03.A.7 The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the Conditional Use Permit proposed for the site. City Staff does not see any issues. CONCLUSION AND RECOMMENDATION Subject to the preceding review, City staff recommends approval of a Conditional Use Permit to allow for a private auto club with auto sales, minor auto repair and outdoor storage at 5899 Nova Scotia Avenue North subject to the following conditions: A rapid entry lock box shall be installed at the entrance gate to provide police, fire and emergency services access. 2. The Applicant shall provide a structural plan for the wood access ramp that has been installed. 3. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 4. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 5. Major changes to the landscape or new plantings are subject to review and approval of the City Arborist. 6. Changes to the building to accommodate car storage and repair shall require a Building Permit from the City. 7 11 of 23 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 8. Any additional signage shall be subject review and approval of City Staff for conformance with Zoning Ordinance standards. 9. All noise generated from the business shall be compliant with Section 401.15.6.11 of the Zoning Ordinance. The service door to the building shall be closed at all times except when vehicles are moved in and out of the service entrance. 10. All auto repair activities shall be conducted indoors. 11. All storage of trash, recycling, materials, parts and supplies shall be interior to the building. 12. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. pc: Julie Hultman 12 of 23 4311 MW gill FRIETTI 11 ITMOMI I -=1 Boo Boo's Garage, LLC, Applicant The Applicant, Boo Boo's Garage, LLC, submits this Project Narrative in support of its iv ril"- -c rJ6VA.-r? iiiiiii!�illi op III III III I �111111 1111 1 1111111 0 1 • Lease year-round, climate -controlled, secured storage and exhibition space to store and display classic and rare automobiles; • Perform basic automobile maintenance and repairs, such as minor mechanical repair and washes; and Sell small quantities of classic and rare automobiles directly to consumers as a licensef Vehicle Dealer. -HJAUMU -P 011r, rep minor and tire and battery stores and service" is a conditional use, "provided that the use is accessory to and internally located within a retail sales operation." M 11 M, ITZ. M PTIM - =I. IV41M - 0=0 - M ra LM, M L $J a II 'Lid Ira � 0 E� �, 11 at the Property. "Retail" is defined by the City's zoning code as "the sale of items in small Rua-rtities directli Ord, 61 gigns. 9" 1sji, J1,,roQ I I Wal I ( 0I JL' Vd I I 161 (;�-M k I I II 14's 171) 1 s a 10 I'M W ED 4 N'Tt IM UZI *F I I MA I I T�M I I I I I it) I CORFj2O64295.0006/153802319.3 13 of 23 J, WW -a Wob FF J rJ IYU-51 rITF 9 MET. T e Space, wo classic .550 rwe'Tefticies in smu?.1 quantities directly to consumers at the Property, Applicant's proposed uses are conditional uses that require a CUP. The City's Authority to Grant a CUP to Applicant. Permitting Applicant's proposed uses through a CUP would be compatible with the land use and zoning of the Property within the 39le 5. 61 & kk�Kzl 117"tV-ft r- kiRM&9-22-1 7iWA7 classification. As provided by City Ordinance 401.03.C, in making its determination to grant a CUP, the City may consider: 1. The nature of the adjoining land or buildings. rTT.-Mr ff, ir, M, kmz�wwlmmram Northwest: Grocery Store North: • Residential Northeast. Residential East. Residential South: Utility Line and Drainage Pon(f because Applicarifs proposed repair and retail uses will be contained within the existinig- building on the Property, the adjoining land or buildings will not be negatively impacted • the proposed uses. ® Whether or not a similar use is already in existence and located on the same premises or on other lands Immediately close by. N.......... w"I is MW 3. The effect upon traffic Into and from the premises, or on any adjoining roads. !!!Lill L! the west i which will hel buffer betwe;6i I'll NVA Wil'', Mwerr-W W, "Im P-116-0 of the commercial retail area to the west of the Property that includes a Lowe's, Walmart, Bremer Bank, White Castle, St. Paul Eye Clinic, Massage Envy -Stillwater, and other businesses. Because the Property will be primarily be used for private use by club 2 CO 064285.0006/153802318.3 14 of 23 members and occasional events and gatherings, the proposed uses will not materially increase traffic into and from the premises or adjoining roads. 4. All other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. The proposed repair and sales uses are consistent with the permitted uses in the B-4 District. The B-4 District permits retail sales, commercial service uses, club or lodge halls, parking or garages for the parking and storage of private passenger vehicles, and rental services conducted entirely within a building. City Ord. 401.301.13. Granting Applicant's CUP would therefore allow club members to repair and sell the cars parked and stored inside the building. Moreover, granting Applicant's CUP would be consistent with the City's Comprehensive Plan. City Ord. 401.0l.D. The Comprehensive Plan zoning map guides the Property towards "Commercial (with adjacent medium density residential)." The Plan sets forth that it intends for commercially zoned properties to "maintain and improve" the City's "vital retail and service locations." Comprehensive Plan at 72. Tbrough Commercial districts, the City also seeks to "promote a mixed use environment with the commercial areas consisting of retail, office, and service land uses." Id. Here, the private club would revitalize a vacant retail building by offering new services and retail while also serving as a buffer between higher -intensity commercial use and :i residential uses. Accordingly, granting Applicant's CUP is consistent with the City's Zoning Code and Comprehensive Plan. 5. Answers to specc questions raised in the August 21, 2019 letter from Scoff Richards, City Planning Consultant to the City of Oak Park Heights. a. Plans for emergency vehicle access through the security gate. Applicant will install a lock box at the security gate. Police, fire, and oth emergency services will have access to the lock box the property through security gate. I F . Details regarding the outdoor trailer parking including numbers of trailers to be stored at one time. IML LIKV and to transport vehicles to and from the Property. M§5-0 MY M-11 11111 CITE M 3 CORE/2064285.0006/153802318.3 15 of 23 d. Plans for exterior changes to the exterior of the building or site. ?xe no plans to change the exterior of the building or site. e. Plans for waste, recycling and tire storage on site. �1111111J$1111--j 1 0 0 1 0 'r I Mil M= -- e Hazardous Waste and Universal Waste Disposal and Recycling: Applicant will comply with Washington County ordinances and state and federal laws related to the proper disposal of any hazardous wastes and universal wastes generated on the Property fi-om the proposed automotive maintenance and repairs. To ensure proper disposal or recycling, Applicant will bring the small amounts of waste chemicals used and generated on site to the Washington County's collection program for small businesses and will contract with a disposal service that is licensed to properly dispose of or recycle hazardous wastes or universal wastes that are not accepted by Washington County. Tire Stora : Applicant does not plan to store tires on the property. Any tires that are stored on site will be stored indoors and in accordance with any building and fire code requirements. E Changes to the building that will be required for the change of use for auto repair, including details on floor drains/oil trap, air exchange systems and fire suppression. 0, "V— L I ROMInk-L-M NUICIJ'Ia`9'8 anG r06nanOLY for the Proposed Use. g. Structural engineers plan for the access ramp on the Site Plan. The access ramp shown on the Site Plan has already been constructed.,A�pplic _I so that the plans may be provided to the City. 4 CO 064285.0006/153802318.3 16 of 23 I MM 17-4 • Paul Knutson Ar -Co Design St. Paul, MN 55417 612-386-2200 r#= 't P: 2524 Nevada Golden Valley, MN 55427 763-544-3355 h. Determine if automotive waste material storage requires permitting from Washington County. ON I I j U141 I'INNIA %I -Ij ulaq'I'tZ.-j'.8 j I 1. Pictures of existing screening, especially as it relates to trailer storage area. Below are pictures of the existing screening for the trailer storage area where tM enclosed car trailer will be stored. 'I 5 CORE/2064285.0006/153802318.3 17 of 23 As required, the Applicant has submitted to the City - 1. The Development Application form; 2. This Project Narrative; 3. A Site Plan for the Property; and 4. The Application Fee and Escrow amount, totaling $1,400.00. 6 CORE2064285.00061153802318.3 18 of 23 m 19 of 23 21 of 23 22 of 23 23 of 23