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HomeMy WebLinkAbout2004-06-22 Fully Executed CUP Document�: �' A 1 I CONDITIONAL USE PE FOR DOOM AND THORBUS File Nn.: 798. ' _ y ` Date Issued: June 22 2004 Legal Description: (Washington County Geo. Code L p - 1 `1- ) Tract A of Registered Land Survey No. 19, on file and of record in the office of the Registrar of Titles in and for Washington. County, Minnesota, except the east fifteen ( 15.00) feet thereof Applicant: David Thorbus 324 South Main St, Stillwater, MN 55082 Owner: Oak park LLo 324 South Ma St. Stillwater, MN 55082_ Site Address . 14398 59th Street OAK PARK HEIGHTS, MN 55082 Present Zoning District: B -2 Permitted uses set forth m' Ordinance 401 Section 40 1. CONDITIONAL USE PERMIT FOR: General Description: 1. The application submitted David Thorbus to allow outdoor sales of automobiles at 1439859th Street Be and the same as hereby approved by the City Council of the City of oak Dark Heights subject to the following conditions: II . ADDITIONAL RESTRICTIONS AND PROVISIONS. 1. All cars sold outside shall be shown by appointment only. 2. There shall be no advertising of the business that would invite the public to view the inventory on site. 3. There shall be no special event advertising devices such as business, Bags, or prices on windows used on site . 4. All cars shall be presentable and in full operable condition. 5. One two foot by three foot wall sign shall be allowed for the operation, subject to review and approval of City staff. 6. No more than five for sale cars shall be kept on site at any given time. 7. No automobile repairs shall be done in the parking lot for the operation. 8. There shall be no exterior storage of automobile parts, accessories, or related items on site. 9. All noise created from the operations shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 10. The sales operation shall not be operated between the hours of 10:00 PM and 6:00 AM. 11. The property owner shall work with the adjacent single family owner to determine if any additional screening or landscaping is necessary in their side yard to screen the conuuercial building and parking area. The property owner shall develop a screening/landscaping plan subject to review and approval of 60 the City staff. The approved screening/landscaping plan shall be installed 90 days following City Council approval of the conditional use permit. 12. The property owner shall develop a plan to screen the trash dumpsters, subject to review and approval of City staff. The approved screening plan shall be installed 90 days following City Council approval of the conditional use permit. 13, One additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 14. The tenant may designate up to five parking spaces for exclusive use of the auto sales business. 15. The Police Department and Public works Department shall review the site and make a recommendation regarding on- street parking and loading access for 59 Street North, Olene Avenue North, Olinda Avenue North, and 60 Street forth. 16. The property owner shall stripe all 41 parking stalls on the property. 17. No on- street parking is allowed for this business. 18. This conditional use permit shall be revi in one y ear to determine if the business is in conformance with these conditions of approval. 19. If the exterior li on the buildin is non-conformin it shall be brou into compliance with Cit standards. Reference Attachment: The recommendations of the Cit Planner date June 3, 2004 as adopted b the Plannin Commission and Cit Council are annexed hereto be reference. M VVrMSS WHEREOF, the parties ha, CIT Date: B Date: Date: -712, b - - - / M c By l-120' / I 7Z4 , 111 /P- z T Eric Johnson Cit A for David Thorbus REFERENCE ATI'ACIME T Planning Consultant June 3, 2004 report NORTHWEST ASSOCIATED CONSULTANTS, INC* 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.506.9636 Facsimlie: 952.505.9837 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 3, 2004 RE: oak Park Heights — Doom an Thorbus Automotive consultants Outdoor Sales and Storage CUP — 14398 59 Street North FILE NO: 798.02 — 04.07 BACKGROUND David Thorbus, owner of Doom and Thorbus Automotive Consultants, has made application for a conditional use to allow for outdoor auto sales in the B -2, General Business District at 14398 59 Street North, Suite 4. The request is to allow a display area for five and fewer cars to comply with the State of Minnesota used car vehicle licensing requirements. The office area and car display area is behind the NAPA Auto Parts store. No changes to the exterior of the building or the parking area are proposed. A small wall sign will be added to the building to identify the business location. Attached for reference: Exhibit 1: Plat Map /Site Location Exhibit 2: S ite S u rvey Exhibit 3: Site Plan Exhibit 4: Schematic Drawing of Building Exhibit 5: Project Narrative Exhibit 0: Pictures of Site ISSUES ANALYSIS Project Request. The request is to allow a maximum of five cars to be displayed for sale in the B -2, General Business District. Section 401.30,E.0 of the Zoning ordinance lists open and outdoor services, sale and rental for new or used autos as a listed conditional use subject to conditions. Mr. Thorbus, in his narrative, explains that his primary business is brokering new vehicles through dealers from his office in Stillwater. A small portion of the business involves wholesale and retail sales of pre -owned cars. In order to sell used cars, the State of Minnesota requires that a display area be provided for at least five cars. In that there is no room at his Grand Garage location in downtown Stillwater, he will maintain a small office and display area in oak Park Heights. Mr. Thorbus proposes the following for the business at this location: 1 . cars sold retail to the public area shown by appointment only. 2. There will be no advertising that would involve the public to view the inventory at the site. 3. The public will not be aware of the business as a retail operation. There will be no business, flags, or prices painted on the windows. A small sign (two feet by three feet) would be provided to identify the location. It would be located to the left of the entrance door to the office, not visible to the street and will not be lighted. 4. All cars will be presentable and in good condition. 5. No more than five for sale cars will be at the site at any given time. 6. No changes in site lighting will be made. Surrounding uses. The building is surrounded on the west and east by commercial uses. To the north is 60th street North, which is the frontage road of Highway 36. To the south is 59th Street and single family properties zoned R -2, Low and Medium Density Residential. Barking. currently there are 41 surface parking spaces on site for the building and its uses, oak Park Auto has an additional 5 spaces indoors within their service area. Napa would require 17 spaces, oak Park Auto would require 14 spaces, and the two office spaces an additional 9 (the proposed office included) for a total of 40 required parking spaces. With 46 total spaces on site, there is adequate stalls to allow the five additional spaces required for the auto sales business. The stalls abutting 59th street and olene Avenue North are not conforming with current parking standards in that they back out directly onto the right -of -way. The site design is grandfathered and would be allowed to continue. There has not been problems in the past with this design in that both of the streets do not have high traffic counts. 2 Only one disability accessible stall is indicated on site and it is near the front entrance to the NAPA Store. In order to comply with State of Minnesota standards, an additional stall should be designated near the rear of the building. Signage. The applicant has indicated that a six square foot sign would be proposed on the left side of the entrance door to the office space. The sign would not be lit. The sign would be allowed as provided under section 401.15.G, signs of the Zoning Ordinance. Lighting. No additional site lighting is proposed. Trash Enclosures. The pictures of the site indicate that at least two dumpsters for the site are stored outside with no screening. To be consistent with Zoning ordinance standards, the dumpsters should be stored indoors or provided with a screening enclosure. The property owner will be required to submit a plan indicating enclosures for the dumpsters. Conditional Use Permit Criteria. section 401.30.E.5 of the Zoning ordinance lists criteria for consideration of open and outdoor sales fees for new or used automotive businesses. The criteria and staff comments are as follows: a. outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with section 401.15.E of this Ordinance. The five parking spaces to be utilized for outdoor sales are adjacent to the entrance door for the office on 59 street North. The parking stalls back directly onto 59 Street which is not allowed by current zoning ordinance performance standards but has been grandfathered as part of this building. The use directly to the south from this parking area is the side lot of a single family property zoned R--2, Low and Medium Density Residential. While landscaping on the subject property is not possible, the property owner should work with the adjacent single family owner to determine if any additional screening or landscaping could be placed on their property. b. 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. No new lighting is proposed. Any screening as provided above should prevent existing lighting to interfere with the single family use. C. sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. 3 The area proposed for the car display area is currently paved. No cars will be stored in the fenced area. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. The building will not be altered from what exists. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. There would be no service issues resulting from this use. f. All islands in the parking lot shall be landscaped. No changes to the parking areas are proposed. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right-of-way. The parking areas were established before current parking performance standards and are grandfathered. h. All automotive repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. No repair activities will be conducted as part of the requested use. i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the city Council. The hours listed above shall be made a condition of the approval. j. Provisions are made to control and reduce noise in accordance with Section 401.15.13.11 of this ordinance. There should be no excessive noise resulting from this use. k. vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with section 401.1 5. F of this ordinance and shall be subject to the approval of the city Engineer. I' The vehicular access points are in place. 1. A drainage system subject to the approval of the city shall be installed. The drainage system for the site is in Mace. M. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this ordinance. A sign has been proposed in conformance with the Zoning Ordinance, n. The provisions of Section 401.03.A.7 of this ordinance are considered and satisfactorily met. The Planning commission should review the provisions and comment. RECOM MEN DATIONiCONCLUS ON Based upon the preceding review, it is recommended that the conditional use permit to allow for outdoor auto sales in the B--2, General Business District at 14308 59 Street be approved subject to the following conditions: 1. All cars sold outside shall be shown by appointment only. 2. There shall be no advertising of the business that would invite the public to view the inventory on site. 3. There shall be no special event advertising devices such as business, flags, or prices on windows used on site. 4. All cars shall be presentable and in full operable condition. 5. one two foot by three foot wall sign shall be allowed for the operation, subject to review and approval of city staff. 0. No more than five for sale cars shall be kept on site at any given time. 7. No automobile repairs shall be done in the parking lot for the operation. 8. There shall be no exterior storage of automobile parts, accessories, or related items on site. 9. All noise created from the operations shall be in conformance with Section 401.15.B.11 of the Zoning ordinance. 61 1 o. The sales operation shall not be operated between the hours of 10:00 PM and 6:00 AM. 1 1 . The property owner shall work with the adjacent single family owner to determine if any additional screening or landscaping is necessary in their side yard to screen the commercial building and parking area. The property owner shall develop a screen ingllandscaping plan subject to review and approval of the city staff. The approved screening /landscaping plan shall be installed go days following city council approval of the conditional use permit. 12. The property owner shall develop a plan to screen the trash dumpsters, subject to review and approval of City staff. The approved screening plan shall be installed go days following city council approval of the conditional use permit. 13. one additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 14. Any other conditions of city staff, the Planning Commission, and the City Cou ncil . Co