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04-12-07 Planning Comm. Agenda
AGENDA CITY OF LITTLE CANADA PLANNING COMMISSION THURSDAY, APRIL 12, 2007 1. Call To Order - 7:30 P.M. 2. Roll Call 3. Approval of the Minutes -March 8, 2007 PRESENTATIONS: 4. Revised Concept Review for the development of Richie Place which has been revised to proposed sixteen (16) single-family lots -Lauren Development Company Correspondence Pages 1 through 8. Architectural Review for the redevelopment of the McDonalds restaurant as well as a Conditional Use Permit for a convenience food establishment- 2260 Rice Street - McDonalds Correspondence Pages 9 through 21. 6. Hom Furniture - 3201 County Drive Text Amendment allowing furniture retail and other retail uses compatible with furniture sales in the B-W District; Text Amendment allowing electronic signage; Conditional Use Permit for proof of parking; Conditional Use Permit for a Comprehensive Sign Plan; Variance from the Sign Code relative to freestanding sign height. Correspondence Pages 22 through 32. 7. Planned Unit Development Permit to allow the operation of a dinner theater/banquet facility at the Market Place Shopping Center - 2900 Rice Street - Oops Theater Correspondence Pages 33 through 36. 8. Valor Enterprises - 3161-3167 Spruce Street Conditional Use Permit for retail motor vehicles sales lot; Conditional Use Permit for outdoor storage of repairable motor vehicles and storage containers; Text Amendment to the City Code increasing the maximum number of retail motor vehicles sales licenses (outdoor) from four (4) to five (5). Correspondence Pages 37 through 75. 9. Electronic Billboards/Freeway Signs Update 10. Outdoor Storage Workshop -Wednesday, Apri125, 2007 at 6:00 p.m. 11. Other 12. Adjourn ~~ ~zz'~ (°ana~a 515 Little Canada Road, Little Canada, MN 55117-1600 (651J 766-4029 /FAX: (651) 766-4048 www. ci.little-canada. mn. us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING REVISED CONCEPT DEVELOPMENT REVIEW MAYOR Bill Blesener COUNCIL Riclc Montour Barbara Nlan John Keis Michael McGraw ADMINISTRATOR Joel R. Hanson PROPOSAL: A request for approval of a Concept Review for the development of Richie Place which has been revised to propose sixteen (16) single-family lots. The property in question is zoned Single-Family Residential (R-1). APPLICANT & PROPERTY OWNER: Lauren & Company Development, LTD. P. O. Box 187 Stillwater, MN 55082 PROPERTY LOCATION: 2966 LaBore Road Little Canada, MN 55109 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at a regular meeting scheduled for Thursday, April 12, 2007. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, Apri125, 2007 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, April 12, 2007 and the City Council meeting on Wednesday, Apri125, 2007. Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. 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N,,. sssi m~ N~i~ .mx,a.~.,,.,.,.,,.i.,,,~,<~~m,r ~.o~a«..~i. uauo 8 ' ~d'~°"g ' ' ^ ~ d6 .a ® a.. ~.~ ~~ a ^°Q' a LAUREN & CO. ~ SW 1/4 -NW 1/4 & GOV. LOT 1 RANSEY CWNtt, MINNESOTA ~~ ~~ ~~a.,. // /~~ 'mW°nanm~ wn /[\ ~ ~ / ~ ~ / nnuw . , ws, ~ I I I I _a_, _i ~~ ~, --- -a ,, ~;,,TM ~~W_~ ~s ,~ ~~ o~ ~ ~z~~ ~°anaa~a 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / rAX: (651) 766-4048 www.ci.little-canada.mn. us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING ARCHITECTURAL REVIEW AND CONDITIONAL USE PERMIT MAYOR Bilt Hlesener COUNCIL Rick Montour Barbara Allan John Ke1s Michael McGraw ADMINISTRATOR Joel R. Hanson PROPOSAL: A request for approval of an Architectural Review for the redevelopment of the McDonalds restaurant as well as a Conditional Use Permit for a convenience food establishment. The property in question is zoned General Business (B-3). APPLICANT & PROPERTY OWNER: McDonalds 1650 West 82"d Street Bloomington, MN 55431 PROPERTY LOCATION: ?260 Rice Street Little Canada, MN 55113 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at a regular meeting scheduled for Thursday, April 12, 2007. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, April 25, 2007 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, April 12, 2007 and the City Council meeting on Wednesday, Apri125, 2007. Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator .~. DEVELOPER DEPOSIT APPM.IGATION ''"~ Gity of Little Canada 5151.ittle Ganada Road East -Little Canada, MN 55117-1660 651-766-4029 (Fax 651.766.4048} www&i.little-canada.mn.us oe~osit a ~ ~ ~ to Applicanl'x N a ~ ~ ~ // p per/ ~/ , ~-O O Y "~i'~ Y' Di? Owns uNu ,~ 9 ~} ~lddresx Phone q ~~ ~ `/ Arapeny t.nCanUn (d address alldk darcdption, ifknnwn a , F; I DnsobrydP and/or mwn for Rnq [ IrO Ordinuaen daeciona, if know ~ ~~ r ACTON RF~Qr1UESTEll (check sail thnf a t ? in signing thin applcation, l harnby acknowledge 1l' Architectursl Review ~r-'Q b O that I have read and fully undarsWnd the /j applicable provisions ul'thc Zoning and Concept Review Subdivision Urdinunees and current administrative procedures. I further tu.knrawlodge Conditional llse Permit the fen nxplm)arion ss outlined in lha application procedures and hereby a(,Kee to pay all Pinat Plat slatenlents rxcived from (hn oily pertaining'tq additional application exponse.77 Planned Unitihvelopmcnt A Plst P li i re m nary Knot Property Uwnnr nstam of A linanl 9i pp . a Subdivision Sis~>atum oYPropnrty Uwnnf 'l'ex[Ainendment ~ ~ ~~ -. -~' Variar)CG' aato Zoning pistricr Amendmem Other: Total T?e a~it $ pd °° ze 3~dd S,Q~dN000W 69Lb968Z96 05~bL L99Z/ZL/Z0 ~a{F ~ ~~~ R$4 3a i~ ~A n§ e.' t 9~ Sn ~ gF ~: ~s ¢ s Ed ~a # N €' 9 +p i a i AO aO O O ap § °€9 X53 e~ ~€'€ v' Ea § 9 d~4 ~4 E~ N1 ~. ~g ~ Y9 ai S~ 6 i ~ 9 n" a.` 00000 £ & ~ $ a ~ $s~~ yA F yyy 4 a 3 8 Y q € & B oL~ooko E ~aE' a@ 5 ~ ~ ~~~ ~~ k 1{~£~A _ A~tl A >D ~~ stt,s 99P. ~ 33qq a a~-3 P9 e, 88, ySd t"'fit ~ ui 3~~•' 9$ 9]4 R'~'p~ ~. dZ yy 'gpg }Q 5r CY 5 ~ g ~ <~ ~€a~ ~ a ~~;A ~ ~~€ ~ .~ q~~ 4x g~ ~a~ ~~ ~~= ~ i ~I$ 1~ ° ~ McDONALD'S RESTAURANT D a (Y9 McUOnalds USA LLC xev rnees.exo xc x.exF in¢<.rv.w uxxaou ~ ex l -- ~,-,-.,-..,.... __ EXTERIOR ELEVATIONS ireprise DESIGN Y .~ i_; s; g~eg ~ ug; a € ~~ ,~S 54 ~9 i~ ~~ '~ xg IJ c~'sO ~ gF €F aH H £d ib { i [ H I =O uO ~ O H' § age € e£ F Hh~+ 93 `E ~ ~. f g °. ~~ 94 M{ ykY F3 jp p y~ ~i ;~ ~ }}~ fi ~~ ~ a ~ H "~ ~` ©oooo 6 s E ~ 3 $~ _~ 9 p 9 ~ R O~OGO ~ YE~ §~ ' C ca eH H ~ ~ ~~~ £~ p393 ~. k 5~5@ eF 9~ d ,eps ,:O sin xp~yH ' ~g "° Spp 3~~~~5N~ p 69 d~ c$ 6 ~~ a S 0~ ~~ s 9 ~g ~ ~. ~ vO 0 a 0 "_ s ~ z JV~ Mc0analds USA LLC McDONAID'S RESTAURANT c. D _ v rNLLSUxomo S.ocL N s irtLL GXAOA MXNESOIA O e • ~ ~ -........ EXTERIOR ELEVATIONS g~ 3~3~ d yy au ~ E~ ~~ g ? g~ g•a g•: g" O 3 reprise DESIGN F ? ~ e ge $ ge ~FF ~ry3~ ~~ ~~ ~~ db AF ~~ :~ ~~ a~ o~~f~ °~ ,„ _ ____ ~~ 0@ Y ~~~ ~ F i3 d i McDONALD'S RESTAURANT D 6 _ IY1Mc0onaldstlSAILC rXcesr.~~oXDS.ovc O ~ IIrtIL GH.Df MXN[SDi. ` ~ «. -..Y:"'.,.,... p '~~€ireprise -' ~, ~ ~. DESIGN ~mx v_ax } FLOOR PLAN i ; ~ a t 5 ' ~ ~ 99 I ~ ~ G i i L nice srara:'r I. ~~; _J ~~~ o ~~Ci mqa ~p~~ny Agc ~~ s r io~ f %1(f{ ~$'S +~td ~~~ i ~:0 t ::~ i~~r1 J > '~ ,~ - F ~_ ~ :.~ ~_,-_____ o~ \ _ ~ :~ ,: ( o ~.y. .~~ 3 ~ a a 4 ~ ct ~ ~ .~ amt a -- ' ` ' , i c `. t ~ c ~ ~~ ~~~ _..r._~__.___.. ~ o~~. .~.;~n,ro --- YII(MG I)ILV9i (!3Y O'1'IIh'R5j a ~. ,;, -1. ,, , , ~ ~ ~~ i ~_•_ 0 I ~~ 3 ,~. ~ ,k --=i ~l c a i.;;: r v i ~ .~ , ~~ ' ° ~ v: ;~ s ~ r . r i I! ! ° t '. f 1 ~ t ^~^ ^ ~ ~ ~ McDONALDS USA LLC N veoeK sreeEr usev a i .. ~' ~j ~. sirtvev N ~ :' ,~..' o.:... , i ,' .,~.v ,~~... _.. _. 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Tmr ___ .au -. ,u a ~.. =U ;U !( ~% \ rY~~fi .'~ -' _.. to \ _ ~,~- ~- of ~ ~rl~> V ~ 6~~; c, ;G 1 -. 0 V^ V i U V r', / fi 1 3 1 I,? . ~ - --- '~ 1 <a~ .. , ,~: ~_ v~ m `f ~ rV'~-i ~1 fi .rU VII(INC IIItI\'f: 1 (IIY O'f11P:R5) ~ ~ \~E w\ue ~~ ~ McDONALDS USA LLC r w _ _ ~ _ >~a~= E~ _~, I U DS:.VE MN - ~ e ~.:, r ~~ ~ >t[i-'Rp~mRCR ~«iHC ~ .assoa.ar~s rau> uouTu April 6, 2007 File: 120065E-0240 Honorable Chair and Planning Commission City of Little Canada 515 Little Canada Road East Little Canada, MN 55117-1633 RE: McDONALD'S RESTAURANT CITY OF LITTLE CANADA Dear Planning Commission: We have received the submittal items for the McDonald's Restaurant site. The submittal documents were prepared by Landform and contain Stormwater Management Calculations completed on March 14, 2007 and plans that are not dated. Based upon our review we would offer the following comments. Site Plan 1. A catch basin should be added to the south side of the north access point to the proposed Viking Drive to ensure that storm water runoff is collected and treated on-site prior to discharge. 2. A high point should be added in the driveway or a set of catch basins should be added on the south access point to the proposed Viking Drive to minimize on-site water discharge to the street. 3. Given the current lot configuration and parking stall striping plan it is assumed that vehicles entering the south access point on Viking Drive will only be able to turn right immediately upon entering the parking lot. Signage or a median should be added to ensure proper traffic movement. 4. The current site plan indicates that the existing exit only driveway onto Minnesota Avenue will be converted to an in/out access. While this access is the required distance away from the intersection it may be a very ineffective exit from the site due to anticipated traffic stacking at the signal. It would be our recommendation that the access be allowed to be constructed as an in/out access, however; the City should reserve the right to require its modification to an entrance only access if traffic accidents or congestion become an issue in the future. 5. It appears that a high point should be shown in the northwest corner of the parking lot. The parking lot contours and curb grades should be reviewed. 6. Fire and domestic water service must be separate and have individual shut offs with City access provided. Ltr-040207 Plan Review 10062 Flanders Court NE, Blaine, MN 55449 -Phone: (763) 780-0450 -Fax: (763) 780-0452 Planning Commission April 6, 2007 Page Two Stormwater Calculations We have been working with McDonald's Engineer on revisions to their drainage calculations submittal over the last week. Our review and modeling of their latest submittal indicates the need to increase the length of the rock basin by 5 feet. We are currently completing further review to determine if this is necessary, but they have indicated the size will be modified to meet our final recommendation. All the comments above have been discussed with Landform, McDonald's Engineer, and are being addressed. Please contact me if you have any questions regarding the above information at (763) 780-0450 ext. 13. Sincerely, ELFERING & ASSOCIATES Lee Elfering, P.E. City Engineer Lir-040207 Plan Review 10062 Flanders Court NE, Blaine, MN 55449 -Phone: (763) 780-0450 -Fax: (763) 780-0452 ~~ ~tc`~ ~°ana~a MAYOR Dill Dlescner COl1NCIL Rick Montour Darbara Allan John Keis Michael McGraea 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 /FAX: (651) 766-4048 wvnu.ci.little-canada.mn. us ADMINISTRATOR Joel R. Hanson CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING TEXT AMENDMENTS, CONDITIONAL USE PERMITS, AND VARIANCE PROPOSAL: A request for approval of the following zoning actions: Text Amendment allowing furniture retail and other retail uses compatible with furniture sales in the B-W District; Text Amendment allowing electronic signs; Conditional Use Permit for proof of parking; Conditional Use Permit for a Comprehensive Sign Plan; Variance from the Sign Code relative to freestanding sign height. The property in question is zoned Business-Warehouse (B-W). APPLICANT: 3om Furniture, Inc. 10301 Woodcrest Drive NW Coon Rapids, MN 55433 PROPERTY LOCATION: 3201 Country Drive Little Canada, MN 55117 PROPERTY OWNER: Levitz SL St. Paul LLC c/o Acadia Realty Trust 1311 Mamaroneck Avenue, Suite 260 White Plains, NY 10605 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at a regular meeting scheduled for Thursday, April 12, 2007. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, Apri125, 2007 at 7:30 p.m., or as soon thereafter as parties maybe heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, April 12, 2007 and the City Council meeting on Wednesday, April 25, 2007. Sign language inteipreters for hearing-impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator . -~ ~-~ 1~'+l_ ~ 11a0 Little Canada, Minnesota PAID 3 dd APPLICATION FORM Rec. No. Comprehensive Plan Amendment Zoning District Amendment Text Amendment Other ~c Plan Review ='J~~1 ~E l A li (~["(7 5 S~ S']~Z~'~'~"' ~-,~ ~~VhO ~1 pp cant f ~ WIiC~~}gL p1EYV1 (Address) ~•~ ~•~i~ • a~POCa owner _N/~N~ l~~~~SE1 ~l ~~3b~ W DDD G~sT' ~(L-~V~ N~/~/ (Name) ~`f1" ( ~ COIN ~l`~'dp~) MN S.S.q'37j (Phone) "16 3 ~ ~~ •36 3~ Property Location (Street Address and Legal Description): Zo (~ ~ Su Z~ Conditional Use Permit Variance Subdivision Planned Unit Development Description and/or Reason for Request (Cite Ordinance Sections): ~ • `1~74~ ~IYyE~O!'t~~xJ~ ~ ADV ~'~na t-tfi-EO ~tSe S To 13w 2.~NiN 2•TCx"(' AYYI~NO-v7~J.r(": ~I,eL?~oN(C ~iIG~N~ iti~55~t6~ t3o~j D 3, G N oN G ~ I N I~ ~ ~: CoN o~-noN~L use f'~~ T ~ P~no_~~ off' • PA~~~NC~ In signing this application, Thereby acknowledge that I have read and fully understand the applicable provisions of the Zon- inq and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined he application procedures and hereby agree to pay all statements received from the City pertaining to additional applica- tion expense. /~G------ S~ y 3 • ~~--- (Signature of Applicant) (Date) WHITE-Office CANAfaY-Customer PINK-File GOLD-Planner •~S~o ARCHNET 'fHE ARCHffnCTURAL N['t WORK INC. 12445 55'h Street Suite A Lake 81mo, MN 55042 TEXT AMENDMENT Request: ARCH191G1'URL -PLANNING 7N1'kYSfLNS-C9N3ILt[LC1lS2L' Phone 651/430-0606 Pax 651/430-0180 wwtv.archne(usa.coi» Add permitted used to existing BW Zoning on 3201 Country Drive to allow for current furniture retail/retail use. The purpose of this request is to better reflect actual uses of this property to the overall zoning district. TEXT AMENDMENT Request: 1;lectronic Sign The purpose of this request is to allow for an electronic sign 25 feet high with a face of 200 square feet. Please see attached drawing by Trademark Signs. Our proposal will allow for 15% of the use by the City of Little Canada. The text will not cycle at less than 90 second intervals. This sign will assist new retail users in gaining exposure to their new location. ues wx meFis nxmec~rvre "~~ HOM '"""" °°`°"°"' _ Furniture www.lmarksigns.com ;~ ii ~~~„~, ARCHNET TIi6 ARGiii'fLC'CORAL. NBTWORKINC. ARCI4TfCTUR[ - PLANNINfi lIl'1IdLCQ1SS~Q.NSTRU.4'S19N 12445 55°' Street Phone 651/430-0606 SuiteA Pas 651/430-0180 Lake Elmo, MN 55042 \v\vw.archnetusa.com CONDITIONAL USE PERMIT: Proof of Parkins Request The intended use of this property is furniture retail and other retail uses compatible with furniture sales. The tenant(s) adjacent to HOM furniture will likely be carpet, paint, home decor, cabinets, tools, accessories or other destination type retail. The types of uses proposed on this site reflect the least intensive traffic uses possible for a building and site this size. HOM furniture has a long history of door counts and traffic studies which demonstrate a need of approximately 1 stall per 600 square feet of showroom space. This ratio can serve the store due to the number of shoppers, and the size and variety of the product. Additional data from HOM is available upon request. The tenant mix will allow for a parking ratio of one stall per 400 square feet of gross square footage. This ratio will give some flexibility to future uses. The majority of the parking on this site is located on the east, directly in front of the tenant(s) area. HOM furniture parking will primarily be to the north and northeast. The proof of parking request will not affect safety from fire and other dangers. This C.U.P. would not injure or detract from the use of the neighboring property or from the character of the neighborhood. The Parking/Building footprint ratio on the site would remain the same as it is today. v~ ® y rc tr 1 I~ a bp63 3 ~a 6~ 4 4~ ~ ~ r ~ ~~j'~ ~~g4 ~ o ~ S Sx ;g ~ a ~j I~ s 55g$(( ~ pp t ~ i'.. ~i rc ~ <. ~ (i ii ~ 3PF~t~ ~8 ~ ~ EEKdn "~ F3 9~5° ~9 % 9. ~g~? n'f~ e G °e n 3 ~ 3 ~g ~ e B $ ;~° =1~ S~ ~ ~R ~~y ~C~ ~b ~~e ~~ 9 s X'~' 9a~ e~E q~ {5{ ~8~ l~~Y mo rp'~a ~.' ~& 3n ?~3'v` ~ Lm ~ ~ .gym ~ ~. w° / ~ i a~'/ X59$ '~9999~i a s~:~ ~/ ~aasf ~`/ ~j~ / / // ~~.~ // . . ~,,. 4~ . dr_ 8N}(p ,il(~typOJ Q ~ , ~~ O -- ---- ~- U' . C~ s i G i . ~~ s a $$ L_ L 9 ~_ O I ~ ~ `a~ -_ ~. C~ ~ ~~ ~ 33a d` E ~~ ( ~~ ~ ~ ~ ~ ~ I I -~----~----! ---! --- I I I ~ I I, W 3 I I I _I~I _I _ I I I II ~ o ~ II -~- -~--- f-cr- --+- ~~-~~-~----f---- I ¢ ~i I ~~,~ I I I W U .. VI --1---- I -- ---I-- I -- ~--- I ~... _ W L_ i Y U O A I I I I I I I~ '~ -_~-_-__,-_-_ -_~-l_-_ _-_-t__.-___-1_.._..___--_l._.___--1_-__I_---- - I IW I I I I U -_~_-_ --_~_~ ..~_-_~1_-_~1_-_~I_-_-._- __ I I I I~ I I I z z w F- --~---~----~-- -~- --1 -1 - ~---1---1--~--~-- 1 1 1 1 1 1 ~~~ I I I 1 1 1 1 1 1 ~~~ I I I --j---i- ~- -j- -~.-j --j--j---_1-_ _~ _ _ j__- --I---I-- I- I I ~I -I- I -I -I _ I__I --I--~---~---~--I- __I _ I _ I __I __I_ I I I -~---~---~- I --~- I I --~ -~ i l l I, I --j--~---~--r--~- I -~ - 3x` i:~~., ~,. ~ I a F!~~ ~~,; ;'a: i48~ 33 ~s~~~~~~~li~l Ia:III t ~~ z~~ °eY°~ o a~ ~~: { TI1E ARCHITECTURAL NETNORIC 12445 55'h Street Suite A Lake Elmo, MN 55042 CON~ITIOI~A~i, €7SE PER1Vi~T: Sien Package Request Architecture Planning -Interior Design Constructlon Management Phone 6511430-0606 Fax 651!430-0180 The intended use of this property is furniture retail and other retail uses. The tenant(s) adjacent to HOM Furniture will likely be carpet, paint, home decor, cabinets, tools, accessories showroom or other destination type retail. The sign package will reflect the current use of signs in this area of freeway/retail use. The package submitted meets the city ordinance of less than I S% of the face of elevations on the frontage. The exact quantity and locations of signs have yet to be determined; however, the total square footage of the package will meet city ordinance. Traffic is not affected by this sign package. Safety from fire and other dangers are not a factor in this sign package. This C.UP. would not injure or detract from the use of neighboring property or from the character of the neighborhood. The sign package as demonstrated on the massing elevations balance the allowable square footage across the north and east elevations. Views to this site are exclusively from the freeway and overpass. To the best of our knowledge, this site is served adequately by streets, sewers, water lines, schools and parks. 2 r E r' ~ ~a Y III III E yy4~{ y~ ~ ~ s%~~' U vs 11~~~' v t ~ I I kgpBR S5ii iy') [p f' ~~-- ~~~- ~~ a ~° ~~~ ~ m ~,s~ o ARCHNET TIfE ARCFIITECTURAL NETWORK ING_ 12A45 55°i Street Suite A Lake Elmo, MN 55042 To: Stephen W. Cmttman, AICP Northwest Associated Consultants 4800 Olson Memorial Highway, Suite 202 Golden Valley, Minnesota 55422 (p)763-231-2555 (f) 763-231-2561 seritUnan(c~nacplannina~.com Re: HOM (Levitz) Remodel, 07-109 VARIANCE REQUEST ARCIIITGCTURF. -PLANNING IDLCF,73LORS_S~~ONCTRUCTION Phone 651/430-0606 Pax 65t/430-0180 W WR'ACCh I1CllISa.C0111 Please review the following statements regarding our proposed variance for the relocation of the existing (Levitz) pylon sign. Item No. 1: Reasonable Use Item No. IA: Please refer to Site Plan Drawing AS 1 and Pylon Elevation by Trademark Signs. Note the existing 52 foot pylon sign located near the northeast corner of the building. This sign is located just 30 feet away from an existing curb cut. This curb cut does not provide any stacking for cars, and creates a dangerous sightline condition for departing traffic. A solution to this is the abandonment of this curb cut, and creating a service drive connecting the north and east parking areas. The new service drive and the existing pylon sign locations are not compatible. Item No. 1B: The circumstance unique to this issue is the existing location of the curb cut. Also unique to this property is the construction of a new overpass from Highway 35E to 694. This condition will result in reduced visibility and the appearance of this site being much lower to passing traffic. A reasonable use of retail requires certain visibility. Item No. 1C: Our variance would not alter the freeway office/retail character of the area. The new pylon location with the existing height will be adequate to be seen and not unreasonably high. Item No. 2: The variance would be in keeping with the spirit and intent of the ordinance, as the relocated sign would serve the purpose of being seen, while not appearing taller or larger than other signs in the area. C< Cc Ce -. SIGN SO[UnONS VG~CL 'K: ; o~ ~ ~tt~ ~ana~a 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 /FAX: (651) 766-4048 www. ci.little-canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING PLANNED UNIT DEVELOPMENT PERMIT MAYOR Bill Blesencr COUNCIL Rick Montour Barbara Flllan John Keis Michael McGraw ADMINISTRATOR Joel R. Hanson PROPOSAL: A request for approval of a Planned Unit Development Permit to allow the operation of a dinner theater/banquet facility at the Market Place Shopping Center. The property in question is zoned Planned Unit Development (PUD). APPLICANT: Pam Docken Oops Theater 1045 Greystone Avenue Oakdale, MN 55128 PROPERTY OWNER: Market Place Center LLC 6440 Flying Cloud Drive #203 Eden Praise, MN 55344 PROPERTY LOCATION: Market Place Shopping Center 2900 Rice Street Little Canada, MN 55113 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at a regular meeting scheduled for Thursday, April 12, 2007. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, Apri125, 2007 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thul•sday, April 12, 2007 and the City Council meeting on Wednesday, Apri125, 2007. Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator -\ ~~ x~'',~^1121 Little Canada, Minnesota PAID`~_ APPLICATION FORM Rec. No. Comprehensive Plan Amendment ~ Conditional Use Permit Zoning District Amendment Variance Text Amendment Subdivision Other Planned Unit Development Plan Review Applicant ~~.~'Y\ V~ ~o~e~ 2~0~ ~1~E S~', _bSl-ulu36b (Name) l~~~j ~S'~oY~~. fre~C~~C~=C ~Q I '~ 5S)~~) Owner (Name) (Address) (Phone) Property Location (Street Address and Legal Description): ~-~~O tQ. )cA ~- ~~I~ C~.c~ ~- , ~ r~ S54 L~ In signing this application, I hereby acknowledge that 1 have read and fully understand the applicable provisions of the Zon- ir- and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined i, e application procedures and hereby agree to all statements received from the City pertaining to additional applica- tion expense. (Signature of Applicant) ( ate) WHITE-Office CANARY-Customer PINK-Fife GOLD-Planner ~o Description and/or Reason for Request (Cite Ordinance Sections): ..~ ~ ~1 gyn. ~ l ~ ~< < : ~ ~ ~ ~~ u-~ `Q~ ~' ,. ~1~ t l~ it i~ y~n l ~- - ~ ~,n . ~~ ~ ~C~~-~~2-~` ~ ~~ ~~ --~.~~--~6 C~-~.~~. Ci~ ~j ~c ~~^ ` C,~'7'% ~ YC,~!,>~ fit=-' G ~L~~~~ G'C~G~ e _ w V L U O O ~ - U o G n n C ~ J N Z U _ _ ~ O V ~ J c ~ O ~ e L' LL ~ O ~ ~ Q 4 w w w K `9 a Q K K 0 -- 1 LL L lL N IJ- '~ ~°~ ~< m/ :o X. v g~ ~~ OQ~4~O 6 ~~." ~,b-,p~ ~B F~ ~°~O i ow 1 ~h O ~P Pp or s° S4 PGO II o ~~ ~, e"`''~ `V ?G 6`O a $~ o-` 2~' O ~~ V 0 0 x ~ v a ,. ~ o~' i h4OpO 1 ~~~~y( "7-1 \ / \ ~~ 0 F G1 1 6 J o. N vi ~ W W G O J N N ~m m D' -_ N u~ i iflwp ~, Q ~ ~,ry m J Q Y ~ ~ JHI-Q z J d Q W Z Q Q ~1~vo w~ ~QW~~ F- k ~ S . J mO~Jw V m m ~m O ~ mP v o'^m a ~~imv @~N ]-N^y .1C Q ~~~` W2fN L~~ uQ~ ~WZ ~~ n'~<KN c ;mKQ ~?a~ z z Ow~~,~45 ~ o ~ N 0 T o z N F ~ U \ ~ ' ~ ~ w ~ m 1 ~ ~ D U ~ L 0 0 ¢ Z O ~ o0 O J N~ L ~ O m ~ o ~ p Z QI ~ ~ U ~ ~ O 4 CI') m ~ z o O P ~ ~ c 4 i I ~- ~ ~ a~ a'~~ ~~ ~ ~~ aC: ~zz`~ ~°ayca~a 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 /FAX: (651) 766-4045 www. ci.little-canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMITS AND TEXT AMENDMENT MAYOR Pull Blesener COUNCIL Jim LaValle Riclc Mmitow' Barbara Allan John Keis ADMINISTRATOR Joel R. Ranson PROPOSAL: A request for approval of the following: Conditional Use Permit for retail motor vehicle sales lot; Conditional Use Permit for outdoor storage of repairable motor vehicles and storage containers; Text Amendment to the City Code increasing the maximum number of retail motor vehicle sales licenses (outdoor) from four (4) to five (5). The property in question is zoned Light-Industrial (I-1). APPLICANT & PROPERTY OWNER Fred Sedaghat Valor Enterprises, Inc. 3161-3167 Spruce Street ~ttle Canada, MN 55117 PROPERTY LOCATION: Valor Enterprises, Inc. 3161-3167 Spruce Street Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Plarming Conunission will be reviewing this matter at a regular meeting scheduled for Thursday, January 11, 2007. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to beheld on Wednesday, January 24, 2007 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Charbers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, January 11, 2007 and the City Council meeting on Wednesday, January 24, 2007. Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary angements. Joel R. Hanson City Administrator 14~----°-----~-~~i Little Canada, (Minnesota - APPLICATION -FORM PAID ._________ Rec. N o. ________ Comprehensive Plan Amendment Conditional Use Permit Zoning District Amendment Text Amendment Other _ .9ufi~e+~ ~ -- __._. _ A_ J_ _ _ Applicant '~Y~(.C .J~C{11.q}"1cL~-_.._-(`r ~i~P it (Name) O 1)~.i~ S ~~~-rn~ ' e 'T~„~c - (Name) Property Location (Street Address and Legal Description): :~ 1 Co l - ~i (c~- ~ ~ ~tGe ~~~ ~]~~ , i~7T4L'~-Li ~ .I~Man ~i' / a.a.-~` ; ~ i n ~ .~ ~ .,, ._ _ _... r ti Variance Subdivision Planned Unit Development Plan Review ~f- (Addr-~~Ml~ 12-g~s_ (Phone) i ~(- 3 I(p` (Address) =~_ MN (Phone) SS I 1 t SSiI~ Z Description and/or Reason for Request (Cite Ordinance Sections); ~ Zi ~- Cs j~ -, ~1IJ SS(Z 5 n signing this application, ! hereby acknovdledge that i have read and fully understand the applicable provisions of the Zon ng and Subdivision Ordinances and current administrative procedures, I f}+rther acknowledge the fee explanation as outlines n t' ~pplica*_ion procedures and hereby agree to pay all statements recHivdd from the Cit io, anse. %'~/ y pertaining to additional applica .4 j~./)zrlc 7~'J~' Ili1TE- ! (Signature of A~pli~aht) (Date) Office CANARY-Customer PINK-File GO LC-Plat rrer ~ - °'fiT4o~uoi VALOR FN'TL.RFRa~:,S. ITC. .Fred Sedao-hat 3C26-331st St~~eet Apple Valley, Miv 55L4 Phone: 651-6G3-3934 or612-432-0236 APE'L?C? TIO1~? FOR '3'>r~'6' ANtEhTI31i~i1~;1sI'A' FOR AUTO OUTIDOOR RE'I'AF€, SALES PROPERTY ADDRESS: 3161, 3165, 316' SPRUCE STREET (CURRENT OCCUPANT: FRED SEDAGHAT) We are requesting a text amendment to permit an additional auto outdoor retails sales license be issued in Little Canada. On September 27, 2006 the Little Canada City Council did not renew our automotive outdoor retail license as a result of our CUPs being revoked. We have developed a business plan and have submitted a new proposal with our applications for a conditional use permit allowing open and outdoor storage and for a conditional use permit allowing retail auto sales. Provided these CUP applications are approved, we need to have our automotive outdoor retail license reissued. Apparently, some time ago, there was some confusion with Benchmark Auto and the status of their wholesale license vs. retail license. We've been told the City Council reviewed their original approval and determined that they in fact should have issued a retail sales license when that business applied in the early 30's. As a result, there were S license issued rather than the 4 allowed by ordinance. At that time, the Council did not want to increase the number of licenses by amending the ordinance. Instead, they felt that if the City had a business discontinue their license, for what ever reason, Little Canada. would have the four licenses allowed under their code and be back in compliance. That is now the current status. As a result of these circumstances, there is not a retail outdoor sales license available to be issued to Valor Enterprises. As described in our application for a conditional use permit for retail auto sales, Valor operates a repair facility in which we repair dammed cars for resale. While most of our sales of ".For Sale" cars is to other dealers at auctions, we do advertise vehicles and sho.v them by appcinrinent. Cur re-sale business is not that of a typical used car sales lot where there is extensive consumer traffic, flags flying, promotions, or the like. A review of the site plan submitted as part of our CLIP application shows nova our retail sales are oriented in respect to the rest of the business. The Retail Auto Sales areas are as indicated on the site plan in four separate locations on the property. This configuration allows for flexibility and grouping of For Sale vehicles. Those vehicles advertised in the newspaper, and shown by appointment. only, need to be accessible and located in the unfenced areas along the north side of the building and the three stalls adjacent to Spruce Street. The For Sale cars that are of greater resale value will be located in the fenced area. adjacent to Spruce Street. Lastly, those vehicles ready for resale that are being towed to sale auctions will be located in the over flow sales lot west of the building, inside of the gate. While we have limited one-on-one consumer sales occurring on location, we need to have an auto outdoor retails sales license in order to be able to operate our overall business plan properly. Additionally, we feel that having this text amendment permitting a license to be granted to Valor will not have a negative impact on our surrounding neighbors or the character of the neighborhood. Our intended use would not detract from the character of the Ryan Industrial Business Park. Little Canada, Minnesota - APPLICATION FORM Comprehensive Plan Amendment Zoning District Amendment Text Amendment Other can~t~ i'1~2G~ ~ ~.~G1~1''4'I~~ ~~'~-' ~3 (Name) J ~~~ 11~~ lo~~ ~~~~~(~~~ ~~ ~~ (Name) I Property Location (Street Address and Legal Description): '~~~ ~% (Address) ~~~ Description and/or Reason for Request (Cite Ordinance Sections): In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zon- ino end Subdivision Ordinances and current administrative procedures. I .further acknowledge the fee explanation as outlined in application procedures and hereby agree to pay all statements reoei>/ed from the City pertaining to additional applica- tion expense. ~/7 ~- ' ` (i / (~ Y ~,( J 1 ~ ~ ' l ZC-'z~L ", ~ (Signature q+~ Applican¢)~ (Da,o~ WHITE-Office CANARY-Customer PINK-File GOLD-Planner ,~~-~~f'`,/~(~ PAID Rec. No Conditional Use Permit Variance Subdivision Planned Unit Development Plan Review biz-b'cS-~BZ.S 55 ~~'(~ (Phone) ~(n - ~~ zz (Phone) VALOIIY EN3'E+I2PRISES, Ii`IC. Fred Seda~hat 8026-13'1st Street Apple Valley, MN 55124 Phone:651-603-3934 or 612-432-0236 ,43?PLiCATi®N FOIL C'ONI3I'I'IONA'J_, i1SE PEI2I~IIT F'®R I8E'I'AIL AIT'I'p SALES PROPERTY ADDRESS: 3161, 3165, 3167 SPRUCE STREET (CURRENT OCCUPANT: FRED SEDAGHAT) 1. REFER TO THE FOLLOWING: B. Photos of existing property available. No new constniction is planned 2. STATEMENT OF INTENDED USE: Valor Enterprises, Inc. has purchased this property and has occupied the site since 1999. Valor Enterprises, Inc. mainly buys and sells vehicles to other dealers through the local wholesale auctions. Our market niche is the purchase of vehicles that require auto body repair of some sort. We operate a repair facility in which we disassemble the damaged parts, perform any unibody (frame) repair, replace the damaged parts with either new or used parts purchased from dealers or salvage yards, do any bodywork and paint, then detail in preparation for resale. During the course of daily activities, it is necessary to "stage" the timing of the repairs. This involves having the vehicles organized in order of planned repair while waiting for necessary parts to arrive or adequate time in the schedule to complete given repairs. The ability to store our vehicles outdoors during this staging time is necessary in order for us to operate. Our repairs are completed inside of the building. We store vehicles that are in various stages of repair at any given time. We feel that the new proposed site plan that reduces the outdoor storage area while acknowledging our need to accommodate storm water run off will meet both our needs as a business and the City's need for us to address the drainage issue on our site. The Retail Auto Sales areas are as indicated on the site plan in four separate locations on the property. This configuration allows for flexibility and grouping of For Sale vehicles. Those vehicles advertised in the newspaper, and shown by appointment only, need to be accessible and located in the unfenced areas along the north side of the building and the three stalls adjacent to Spruce Street. The For Sale cars that are of greater resale value v.>ill be located in the fenced "area adjacent to Spr rice Street. Lastly, those vehicles ready for resale that are being towed to sale auctions will be located in the over flow sales lot west of the building, inside of the gate. We feel our new business plan moves in a positive direction to address the City's past concerns regardin<~ the noncompliance at. the site. We have come to realize that Little ~,cuiaua is a rrst riiig 'suburb and that it is not business as usual as it may have been when this area was first developed into Ryan Industrial Park. As one drives through this area, it is obvious there are some areas/occupants with issues pertaining to appearance, maintenance, and probably compliance. We have every intention of improving our investment and will work reasonably with the city to achieve those goals. The nature of our business and the demand on City services will remain as before -with our promised to consume less staff time in monitoring our compliance. We have hired an attorney who is helping to keep us on plan so we can do what we do best and that is repair Repairables and put them up for sale. This is recycling at it's best. Further, our business requires no heavy track and equipment traffic on the public streets other than the occasional tow truck delivery of our incoming inventory. As before, there will not be any dirt hauling or gravel hauling in and out, so less mess will accumulate on the public right- - - of--way:-We-have improved-the streetappeal-by the landscaping added through out the - years. Since the adjacent properties are motor vehicle related-the bob cat company to the south and a repair shop to the north-there would be no ill-effect on the surrounding properties. Our intended use would not detract from the character of the Ryan Industrial Business Park. The existing public facilities are adequate with regard to sewer, water, and streets. Our use requires no changes in these. 3. NO CONSTRUCTION CHANGES AitE BEING MADE. THEREFORE, NO GRADING, DRAINAGE, ETC. ANALYSIS IS REQUIRED OTHER THAN ADVICE FROM RAMSEY COUNTY REGARDING DRAINAGE RECOMiv1F,NDATIONS AND VEGETATION VARIETIES TO PLAINT IN THE PROOF OF PARKING AREA. 4. CERTIFICATE OF SURVEY NOT REQUIRED AT T.TME OF APPLICATION. One will be completed, hopefully, as a condition of the sale of the property to us. We are aware that one will be required to obtain a building permit for the required installation of the setback fence at the forty foot line. 5. APPLICATION FEE OF $500.00 ENCLOSED. L6ttte Canada, Minnesota APPLICATION -FORM Comprehensive Plan Amendment Zoning District Amendment Text Amendment Other i1.Q,{i r Applicant f1 ~2~ ~Q~ac~"Yi~~~ ~2 (p (,~j I ~ (Name) (AddrE (Name) (Addr Property Loca t i on S ( treet Addre ss and Legal Descrip t n}: io { ~r f - ` ( ~ ~ p / ~rH;,. . ~ ~ ~~i; ~ `~Qd'71h2 )escription and/or Reason for Request (Cite Ordinance Sections): ~ Conditional Use Permit ____ Variance Subdivision Planned Unit Development Plan Review ~SIZ~ (Phone) 1- Tto to - (Phone) 1N Ssi(~- -Z14 - ~a~, ~~~~~ ~ ~~! SSItis~ '..S!^yning this application, i hereby acknowledge that I have read and fully understand the applicable provisions of the Zon~ ig and Subdivision Ordinances and current administrative procedures. },further acknowledge the fee exp!araticr, as cutlir~e< t' ~plication procedures and hereby agree to pay all statements r dived from the City pertaining to additional applica cn „ ense. i „T~_ (Signature of A Iic C"ice ....,J„F`r-Cunomer PINK-File p ~~t) (DatP) GOLD-Planner / ~ ~~' I~ ~f 1X.-~~ ~=eL?~dlo ~~~.~R ~I~rTI;RPRrs~s, I;v~. Fred Sedaghat 8036- i ~ 1st Street Apple Valley, MN 55124 Phone: 651-603-8934 or61_-432-0286 AI?PL3C,^'d'I'IOI~' F'OR C'®I~rY;'I'I'i:ONAF. ETSE PER1'J1IT FOR ®i7'I'?JO®R S'F®RI~GE PROPERTY ADDRESS: 3161, 3165, 3167 SPRUCE STREET' (CURRENT OCCUPANT: FRED SEDAGHAT) REFER TO THE FOLLOWING: A. Site plan. B. Photos of existing property available. No new construction is planned 2. STATEMENT OF INTENDED USE: Valor Enterprises, Inc. has purchased this property and has occupied the site since 1999. Valor Enterprises, Inc. mainly buys and sells vehicles to other dealers through the local wholesale auctions. Our market niche is the purchase of vehicles that require auto body repair of some sort. We operate a repair facility in which we disassemble the damaged parts, perform any unibody (flame) repair, replace the damaged parts with either new or used parts purchased from dealers or salvage yards, do any bodywork and paint, then detail in pT eparation for resale. During the course of daily activities, it is necessary to "stage" the timing of the repairs This involves having the vehicles organized in order of planned repair while waiting for necessary parts to arrive or adequate time in the schedule to complete given repairs. The ability to store our vehicles outdoors during this staging time is necessary in order for us to operate. Our repairs are completed inside of the building. We store vehicles that are in various stages of repair at any given time. We feel that the new proposed site plan that reduces the outdoor storage area while acknowledging our need to accommodate storm water nm off will meet both our needs as a business and the City's need for us to address the drainage issue on our site. The Outdoor Storage area is as indicated on the site plan and located the furthest from Spruce Street, behind the fence screening currently in place. We feel our new business plan moves in a positive direction to address the City's past concerns regarding the noncompliance at the site. We have come to realize that Little Canada is a first ring suburb and that it is not business as usual as it may have been when thts area 'vv a5 frrst dcvclOped Tnto Ryatl IT1dlAJtI'lal Park. As one drives through this area, it is obvious there are some areas/occupants with issues pertaining to appearance, maintenance, and probably compliance. We have every intention of improving our investment and will work reasonably with the city to achieve those goals. The nature of our business a.nd the demand on City services will remain as beFore -with our promised to consume less stafftime in monitoring our compliance. We have hired an attorney who is helping to keep us on plan so we can do what we do best. and that is repair Repairables and put them up for sale. This is recycling at it's best. Further, our business requires no heavy track and equipment traffic on the public streets other than the occasional tow truck delivery of our incoming inventory. As before, there will not be any dirt hauling or grauei hauling in and out, so less mess will accumulate on the public right- of-way. We have improved the street appeal by the landscaping added through out the years. Since the adjacent properties are motor vehicle related-the bob cat company to the south and a repair shop to the north-there would be no ill-effect on the surrounding properties. Our intended use would not detract from the character of the Ryan Industrial Business Parlc. The existing public facilities are adequate with regard to sewer, water, and streets. Our use requires no changes in these. 3. NO CONSTRUCTION CHANGES ARE BEING MADE. THEREFORE, NO GRADING, DRAINAGE, ETC. ANALYSIS IS REQUIRED OTHER THAN ADVICE FROM RAMSEY COUNTY REGARDING DRAINAGE RECOMMENDATIONS AND VEGETATION VARIETIES TO PLANT IN THE PROOF OF PARKING AREA. 4, CERTIFICATE OF SURVEY NOT REQUIRED AT TIME OF APPLICATION. One will be completed, hopefully, as a condition. of the sale of the property to us. We are aware that one will be required to obtain a building permit. for the required installation of the setback fence at the forty foot line. APPLICATION FEE OF $500.00 ENCLOSED. 9~ ~p~ _ ... _..___~~V^~--_ ~~~s ~ ~; ~~ ~__--- -ti ~ _ ~AY7`J8Y --~: ~~F ~f-ndsc~~I u -- `-' wvvnnG ~ ~y + (~/E d '~ri v~, ~Y'aiac-he{~~bG(Cr ~-t~~7 ~'t~tl~d`~~$ ~ Sao Lo~i- ~iti~ __~ ~~ ~, .. ~q,:4"if.~d~ ~ Gas , '~ ~M~~fl'~~~~~~1s~ ~~ ~ ~ / ~~ =- -. _ - -' c %'~/r!1 ~ i ~ f s~ ' y ~/ _ i _ .^ -i 3 ~ r t . f -% ;-/Yip ;'i'` ..~.... ~{~{r ~~;: ~l ~~1~~~ ~.-F~~°-off ~ ~~-t3 £~ ~ ~lYll,~-' .j ~ ---.~.. .,Nx ~~'~ ~ .~ ~, ~ ~~t I ~ ~~~~~ ~~ ,, f~ ~,~ ~ ~ p ie -~ .. ~ ~ ~..id.. ~ ~~~ 4 ~ e' r` /~,~ii~-1,~1~ tiALQi2 ~N'i'FRPi2iS:I•:S, i7VC. Fred Sedaghat 8026-li 1st Street. Apple Valley, MN SSL4 Phone:651-603-3934 or 612-432-0256 i3iJSiNi:SS PLAN SP~;CiFiCS Today's Plan for Success Tomon•ow Valor Enterprises, Inc. ("Valor") has been operating since 1999 in the City of Little Canada at 3161, 3165, 3167 Spruce Street in [he Ryan Industrial Park. Conditional Use Permits ("CUP") for the business were issued in 1999 for open and rnltdoor storage and in 2000 for retail auto sales. Both of these CUP approvals were subject to conditions related to limitations on the number of vehicles, paving, parking, and landscaping. Valor was also issued auto repair and auto sales licenses by the City of Little Canada. On September 27, 2006, the City Council of the City of Little Canada revoked the Conditional Use Permits for the open and outdoor storage and for the retail auto sales. Additionally, on September 27, 2006, the City Council of the City of Little Canada. revoked the auto repair and auto sales licenses issued to Valor. Fred Sedaghat, the sole owner and operator of Valor, has critically reviewed the condition of his property and has aggressively taken action to show his good faith efforts to the Little Canada City Council. NIr. Sedaghat is current on his payments to purchase the property and this business is his sole means of supporting his family. This business plan is designed to address the many issues that have occurred over the years and to establish operation perimeters constant with best business practices in the auto retail' and used auto sale industry. There are currently 20 "Repairables" on the property and 30 "For Sale" cars on the property. A Repairable is a car typically purchased from local wholesale auctions. These Repairables have often been in an auto accident and require auto body repair of some sort. Once the car is repaired, it then becomes a For Sale car and is placed out in the front lot for resale by appointment or sold to dealers through local wholesale auctions. The original CIJI's allowed 20 .Repairables on the property and 30 For Sale cars on the property. Temnorarv Removal of Cars from the Pronerty Since October 2006, Valor has been cleaning up the site, removing debris and extracting inGpera'iJlc CnrS ~'Giii the prvpcrty. RcCcnti , 35 "RE aIl'ab1eS" flIGIl ~+ Y p ,~ with 4 "For Safe" cars were removed from the property and delivered to auction site where they will remain until sold. There has been the past concern by the City of Little Canada that when cars have been moved from the property, that the cars simply were broueht back after City inspections or renewals occurred. It is Mr. Sedaghat's suggestion that he be placed on a probationary period when the Ct1P approvals are granted to allow the City an opportmiity to review his ability to stay on plan. _. _ .t Is SL~~~P,SlGd'iiai °ViCwS OC iiiE GlliSldZ 5tGr age and SalcS area GCCiir eVGry 6v iiayS i01' a UnZ year probationary period. unattended Cars on the ;!'rowerti~ DelonQina_q tither Peonie Another past concern afthe City ofi,ittle Canada is that up to 15 cars on the property, which belong to other individuals; are not titled to Valor and Valor has no authority to address the issues caused by these vehicles. Valor is in the process of takinn legal steps to remove any abandoned vehicles. Additionally, Valor's policy from this point forward will be to permit only those individuals, who sign the appropriate legal documentation which gives Valor legal redress in the event the car is on site Longer than 1 week or abandoned, to park or work on their vehicle on Valor's property. Valor's attorney is currently drafting the template contracts for implementation. These template contracts are available upon request. I3ieild-Uo of Deba•is on Property. Valor is implementing a monthly schedule for the pick-up ofjunk materials, Drainage ;Problems. Please refer to the site plan. Valor is proposing that that area most susceptible to drainage issues he set aside as the proof of parking area. Valor will be working with Ramsey County to determine the appropriate vegetation to use in this area considering the wetness, soil conditions and the underlying fly ash that is present. This proposal will also alleviate the extreme muddiness at the back of the site and eliminate the potential to store excess automobiles. The border proposed between the storage lot area and the proof of parking area is actually a barrier created by landscaping/retaining bricks with a drain the piping with drain field rocks to assist in the drainage of water to the proof of parking area and away from the outdoor storage area. This barrier serves two purposes, first it protects the vegetation planted in the proof of parking area from people inadvertently driving over the seedlings, and second, it decreases the functional, usable size of the property to discourage Valor's past tendency to store more cars than permitted under the CLTI'. Valor may also provide for a ponding ac-ea in the proof of parking area if necessary after the initial grading is completed. Pae•king Requirements. Valor is proposing proof of parking be implemented at this site. Valor estimates that only 5 customer parking stalls are needed because of the nature of his business. Most of the For Sale vehicles are advertised in the paper and are shown by appointment only and the business is not generally open to the public for public viewing of the For Sale cars as is the case at a used Car SaieS ivt. Valor estimates that only 3 employee parking stalls are needed because of the nature of his business. Valor typically employees an average of 2-3 employees at any given time with Mr. Sedaghat being the primary employee of the business. y ,e par.,,n~ wa.im t~.e site is se.~ ,,,,,,~n~~~zc ana t,ie srta plan aiicws parking staffs for;0 For Sale cars, storage area sufficient for 20 Repairabies, 5 customer parking stalls and 8 employee parking stalls. All parkin`_> shall be as designated on the site plan and not on the boulevards. Automobile Pae-ts au;l Te;~es a~n the l~ronerty The site has been cleaned of various and miscellaneous automobile parts located though out the property and all junk tires have been ~~athered into one location. These junk tires are pending disposal. Tires have been an ongoing problem for Valor and a new policy has been developed such that anyone storing a vehicle on the site pursuant to the above referenced contract, will pay a fee which will be used by Valor to dispose of abandoned tires. Additionally, any For Sale car that is sold which had tires removed from it and had new tires installed will have as part of its purchase price a tire disposal fee. Storage of useable automobile parts shall be in the enclosed storage bins located along the south side of the building. The storage bins are similar to those used by landscaping companies or similar to the structures used to enclose dumpsters. These storage bins serve only to keep the site tidy, approve the curb appeal from the street, and to preserve and protect the automobile parts from the external elements. Storage in these bins is for short terns storage only and not for the storage of debris. The east and west elevations of these storage bins can be updated with new exterior siding or brick facing. Valor is proposing no new enclosed accessory buildings. Si~naLe. Valor shall paint and renovate the signage adjacent to Spruce Street upon weather permitting but no later than June 1. ?007. y/' '~~ MAYDR ~~ ( ~ ~ 13111 Blesener ~~ ~` '• COUNCIL ~..•-S" .~ JJJ Jim LaValle ~j~ ~ ,~ ~~~ ~/~/ w V ~ Ricl: Montour L(/Lj ~ ~e'~~ ~ [3aCI]8I'P fUlElll JOIllI 1tP.IS 515 Little Canada Road, Little Canada, MN 55117-1600 (651) 766-4029 / FAa: (651) 766-4048 ADMINISTRATOR www.ci.little-canada.mn.us Joel R. ltaason MEMORANDUM TO: Members of the Planning Commission FROM: Joel Hanson, City Administrator Jessica Jagoe, Code Enforcement Officer DATE: January 4, 2007 RE: Valor Enterprises Attached is a timeline of events for Valor Enterprises since the revocation of the Conditional Use Permit process was started in May 2006. The City Council revolted the Conditional Use Permit on September 27, 2006 and did not renew the auto outdoor retail sales and auto repair licenses for this property. City Staff continues to spend a tremendous amount of time dealing with this property and/or matters related to this property since the revocation. Staff has become aware of continued storage of cars owned by Valor Enterprises on other businesses property with and without permission. Many of these have resulted in the cars being towed and citations issued. The last inspection on this property conducted by City staff was on Monday, December 26, 2006. Valor was attempting to achieve compliance with the previous CUP that was revolted by the City Council this past September. By demonstrating compliance, Valor believes that would improve their chance for reissuance of their CUP. That CUP allowed a total of 50 cars on site, consisting of 30 "for sale vehicles" and 20 "repairables". Based on this inspection, Valor would not have achieved compliance under the revolted CUP given he had at least 22 repairable vehicles in the rear yard versus the 20 he was allowed. There were at total of 28 "for sale" vehicles, but they were not stored in accordance with the revoked CUP. The outdoor storage violation of car parts still remained, although was notably cleaner. - City staff recommends denial of the test amendment, CUP's, and license applications for Valor Enterprises riven this business's demonstrated inability to achieve and maintain compliance with previous CUP requirements and various city cades. Valor )/nterprises Timeline 12/15/99 CUP approved for outdoor storage based on Zoning Administrators report dated November 30, 1999. 1/26/00 CUP approved for motor vehicle sales lot based on Zoning Administrators report dated November 30, 1999 and City Planner report dated December 6, 1999. 7/13/00 Notice to comply letter sent to property owner stating date for completing items required under the CUP. 6/13/01 Violation letter sent outlining the junk and debris on site, as well as, the outdoor storage of cars in the rear lot in excess of what was approved. 6/22/01 Letter sent recapping a conversation between code enforcement officer and property owner. Terms agreed to for bring site into compliance. 7/2/02 Violation letter sent outlining violations present during a site inspection today. Total number of cars on site was 109. There were multiple piles of cars parts, barrels, tires, and wooden pallets laying in the rear yard. Property owner was advised to meet with City Planner if interested in building another storage building or bring site into compliance. 6/13/03 Staff notes recapping meeting with property owner. Staff reviewed noncompliance of paving and parking requirements with Mr. Sedaghat. Staff also went through the violations in outdoor storage (excess cars and junk/debris). Mr. Sedaghat indicated his inability to conduct business under the terms of the CUP. 6/17/03 Letter sent recapping meeting with city staff. Property owner is requesting to amend site plan to move sales lot, add additional outdoor storage, and reduce parking requirements. Property owner was told to apply by Monday, June 23, 2003 or staff will pursue compliance with original site plan approved. 6/24/03 Staff notes recapping meeting with property owner. Staff met on site with Mr. Sedaghat to discuss steps towards bringing this site into compliance in conjunction with auto license renewal. 6/25/03 Letter sent recapping conversation with property owner. Property owner indicated that he has roughly 100 cars on site. This is a combination of repairable and held for sale cars. Staff advised property owner that to add a shed to the property would require amending CUP and that the number of cars needs to be reduced. It was agreed that within 30 days the cars would be reduced down to 75. Temporary auto repair and sales licenses were issued to ensure compliance. After 30 days, staff will set up another site inspection to verify progress. 8/28/03 Letter sent reviewing progress towards compliance. Licenses were renewed based on efforts reducing the outdoor storage of junk/debris and the number of cars on site. Property owner again states the number of cars cannot be reduced down to 50 or he cannot stay in business. Staff reminded him of deadlines to apply for CUP amendment as he only had approval of 50 cars on site with no outdoor storage ofjunk/debris. 9/19/03 CUP amendment and Parking requirement Variance applied for by property owner. Mr. Sedaghat was requesting the number of parking spaces be reduced from 30 to 14. The CUP amendment was for outdoor storage of up to 150 cars on site. In addition, moving the sales lot from the rear yard to the front yard. 12/16/03 Letter sent to property owner because request for CUP amendment was tabled pending the property owner submitting some additional information as requested by the Planning Commission. The Commission was requesting more "realistic" plans for the outdoor storage with more detail. As well, the property owner disagreed with the City Engineer on drainage matters and requested to hire an engineer of their own. These items needed to be resubmitted by Monday, December 22, 2003. 1/7/04 Letter sent to property owner with reminder on upcoming deadline. 1/19/04 Property owner submits new site plan and proposal for storage bins to enclose some of the outdoor storage. 2/4/04 Letter sent to property owner requesting a meeting to go through site plan changes. 5/5/04 Memo sent to Planning Commission recapping status of the property. Site still has roughly 102 cars around the property. 6/7/04 Letter sent to property owner indicating denial of request for amendment to Conditional Use Permit and Variance. Property owner given until June 30, 2004 to bring property into compliance. 6/18/04 Memo to City Council with request from Valor Enterprises to allow 60 days to bring property into compliance. Temporary licenses would be issued with expiration of license on June 30, 2004. 6/23/04 Site Inspection and update memo sent to City Council. No access was obtained to the rear yard. The front yard contained 23 cars an increase of 17 cars from May 5, 2004. 8/24/04 Site Inspection and update memo sent to City Council. Property owner has reduced the number of cars on site down to 51. Of those cars it is determined that none appear to be for sale and all repairables. There was still miscellaneous jun]< and debris around the site. Property owner was requesting an extension to deadline for compliance. 10/22/04 Memo to City Council on inspection set up with property owner. 10/26/04 Site Inspection and update memo sent to City Council. Property owner had brought the site into compliance with the number of cars, car storage location, and removal of junk debris. The site was still evident of a drainage problem and property owner was informed of need to correct drainage and establish appropriate surfacing in rear yard. 12/1/04 Letter Sent to property owner because the number of cars on site has increased since compliance was achieved in October 2004. 12/7/04 Property owner called indicating that business has expanded it services and now Valor Enterprises is also providing detailing services to customers. 6/30/05 Staff Notes on site inspection and discussion with property owner nn compliance of property. Staff reminded Mr. Sedaghat of CUP conditions. Staff clearly explained to Mr. Sedaghat that site must remain in compliance continually. It is not acceptable to reduce cars and then increase once inspection is completed. If staff inspects site in the future no further warnings will be given for noncompliance. 4/18&27/06 Site inspection. From neighboring property staff views roughly 100 cars in the rear yard of the lot. All customer and employee parking spaces are frill. Staff believes almost 90% of the cars are repairables, given the condition. The paving and parking requirements were also not completed as approved in the original CUP. 5/1/06 Citations issued. Revocation of CUP Process Started - 5/18/06 Staff recommends the City Council call for a public hearing to revoke the CUP for 3165-3167 Spruce Street. 6/19/06 Staff met with Mr. Sedaghat to discuss revocation of CUP and denial of auto licenses. Mr. Sedaghat requested 6 months to bring his site into compliance. Mr. Hanson explained that decision is made by the City Council. Mr. Sedaghat explained his issues with staffing and financial burdens as a factor for his noncompliance. He explained once his allowed to bring the site into full compliance, he will not fall out of compliance again. He just needs additional time. Staffing is his major hurdle. 6/28/06 City Council agrees to give Mr. Sedaghat until September 27, 2006 to bring site into full compliance or CUP and auto sale/repair licenses will be revoked. The directed staff to inspect site at each 30 day increment to verify progress. 7/20/06 Staff met with Mr. Sedaghat to discuss status of site. Mr. Sedaghat explained he is running ads in Star Tribune, but he is just not getting employees to complete the work. One person specializes in one area of repair and he needs another to do another portion. He cannot find the right help to get cars removed from site. He indicated that car sales are at a al] time slow right now. He indicated he does not sell cars on site, but at owner to owner. He has cars up there every weekend and he is trying to remove some. Mr. Sedaghat indicated he has one car that has been on his property for over two years with full frame damage and he cannot find anyone to perform the needed repairs. Mr. Hanson requests a list of cars on the property and the work needed to each. 7/29/06 Mr. Sedaghat does not have time to make a complete list of cars on the property. Staff performs and inspection of the lot. At that time, there were 134 cars that were identifiable by vin # or license plate and 9 cars that were unidentifiable. Minimal debris had been removed from outside. 9/25/06 Staff met with Mr. Sedaghat because the deadline for compliance is two days away. Mr. Sedaghat is requesting more time to bring site into compliance. He would like to have until license renewal time 2007 (June 30, 2007). He said he is still struggling with finding employees to perform the work needed on his cars. He is running ads in the paper and posting signs in the East Side of St. Paul for help. He has started moving some cars and figures 15-16 cars have been removed since June 28, 2006. Mr. Hanson explains to Mr. Sedaghat that it is highly unlikely that the council will extend this deadline. The Council has given Mr. Sedaghat amply time and plenty of opportunities to correct the violations. Mr. Hanson asks Mr. Sedaghat repeatedly what has changed with the site that will allow him to reach compliance if time is extended. Mr. Sedaghat could not answer and said nothing has changed, but he is trying. Mr. Hanson explained that if the CUP is revoked there will be no outdoor storage or no more licenses. If the site is not cleaned up, staff will start the abatement process. 9/27/06 City Council revokes the CUP for Valor Enterprises and does not renew the temporary license issued to Valor Enterprises effective midnight September 27, 2006. 10/4/06 The Ramsey County Sheriff's Department is called to Burger King on Owasso Blvd. and Rice Street for abandoned wilicensed vehicles. The Sheriffs department determines the 2 cars for sale belonged to Valor Enterprises and Burger King authorized the vehicles to be towed. Citation issued by the Sheriffs Department. 10/10/06 Mr. Sedaghat came into city offices to discuss reapplying for a new CUP for 3165-3167 Spruce Street. Staff gave Mr. Sedaghat the filing dates and zoning code for the I-1 zoning district. 10/10/06 The Ramsey County Sheriff's Department is called to Snyder's Drug Store on Rice Street for an abandoned vehicle for sale in the parking lot. This vehicle is owned by Valor Enterprises and is authorized to be towed by Snyders. Citation issued by the Sheriff's Deparment. 10/10/06 The Ramsey County Sheriff's Department is called to Petro Market on a abandoned vehicle for sale on the property. The vehicle is registered to Valor Enterprises and was authorized to be tow by shopping center. Citation issued by the Sheriff's Deparment. 10/11/06 Mr. Sedaghat comes to the City Council meeting to ask the Council to reconsider their motion and allow additional time. The Council does not grant any additional time and states the licenses have been denied for Valor Enterprises and the CUP is revoked for the property at 3165-3167 Spruce Street. 10/27/06 Diana Longrie, Attorney, representing Valor Enterprises, calls to request a meeting with city staff to discuss working out an exit strategy that is acceptable to the City of Little Canada or alternately some other amenable solution that works out well for the City. 11/8/06 Meeting with Ms. Longrie, Mr. Sedaghat, and city staff to discuss Valor Enterprises. Ms. Longrie expressed that Valor Enteprise's intention is to reapply for a CUP, auto repair license, and a retail sales license. Ms. Longrie indicated that Valor Enterprise is in the process of developing a formal business plan for how the business will operate in the future. Staff reviewed the ordinance text amendment that would be needed to grant approval for an outdoor auto retail license to Valor Enterprise. The curbing, screening, permitted uses in I-1 zoning district and setbacks requirements were all reviewed during this meeting. A meeting was set with the City Planner on November 20 to further discuss the CUP application. 11/20/06 Meeting with Ms. Longrie, Mr. Sedaghat, and city staff. Ms. Longrie updated staff on the progress she believes Mr. Sedaghat is malting to clean up the site. Mr. Hanson, City Administrator, reminded Ms. Longrie that the deadline for applying for the CUP and Text Amendment is November 27. If Valor Enterprises does not make application by that date, city staff will issue citations for violations present on the site. Discussion about the status of the property and how the paperwork should be submitted were all discussed. Mr. Hanson noted that it is doubtful a new application will be approved given past problems, but we cannot stop them from reapplying. 11/27/06 Mr. Sedaghat stops into city offices about 8:30 a.m. to an-ange for an inspection time this afternoon to review status of property. Mr. Hanson was not available and would call Mr. Sedaghat this afternoon to arrange a time. 11/27/06 Voicemail message left for Jessica Jagoe, Code Enforcement Offcer, from Diana Longrie indicating the site is not down to 50 cars and that they have decided to not apply for the CUP and Text Amendment at this time given the number of cars that still remain on site. They will continue to work on their clean up efforts urd try to apply in January. 11/27/06 Mr. Hanson calls Mr. Sedaghat to arrange for an inspection time this afternoon. Mr. Sedaghat asks if we received the voicemail from his attorney, Mr. Hanson indicated yes. Mr. Sedaghat says at this time the site is not ready for an inspection and site is not in compliance. Mr. Sedaghat says that at this time he is not authorizing permission for city staff to enter onto his property for an inspection. 12/1/06 Pictures taken from public right-of--way. There were roughly 45 cars in the rear yard, 25 cars in the front fenced in yard, and a number of cars in front of the building and along the side yard. Violations present on site. 12/1/06 Citations Issued. 12/8/096 Mr. Sedaghat calls Code Enforcement Officer after receiving citations. Staff explained what the three offenses were -nuisance violations, storage of refuse, and no CUP for outdoor storage as required in the I-1 Zoning District. Mr. Sedaghat indicated he is working as hard as he can to get the number of cars reduced. 12/8/06 Ms. Longrie calls Code Enforcement Officer after receiving notice from Mr. Sedaghat about the citations. Staff explained to Ms. Longrie what the citations were issued for. Ms. Longrie explained the efforts Mr. Sedaghat is making to get the site cleaned up. She indicated that when she was last at the property on November 27, there were roughly 20 cars in the front and 50 in the rear yard. She indicated they want to be at 50 cars on the site before applying. A meeting was set up with the City Planner and City staff for December 18 at 3:00. 12/18/06 Ms. Longrie went through the revised site plan her and Mr. Sedaghat have put together. The new plan shows a large area in the rear yard that will be used for proof of parking. The outdoor storage in the rear yard will be blocked off and limited to a small space with the sales area moving to the 30 parking space in the front and side yard. The drainage for the site was reviewed again and possible options were discussed. Ms. Longrie indicated that she believes the site is still over the number of cars allowed and she will be working with Mr. Sedaghat to get that resolved before submitting the paperwork on December 26°i. City staff mentioned the Fire Marshal should be contacted to set up an inspection to review fire code issues that maybe inside this property. At an earlier attempt to clean up the site, Mr. Sedaghat moved all the junk, debris, and parts inside the building. Ms. Longrie indicates that Valor Enterprises should have everything together and will be applying for the January cycle. IvIr. Hanson noted again that it is highly unlikely a new application will be approved given past problems. Mr. Hanson told Ms. Longrie about a call we received from another Little Canada business owner indicating Mr. Sedaghat brings his cars to this business for an estimate on work to be done, but no work has every been done on any of Mr. Sedaghat's cars. This business owner indicated they have told Mr. Sedaghat their business will no longer do estimates for Valor Enterprises and to stop bring cars to their shop. 12/26/06 Mr. Sedaghat calls Mr. Hanson and arranges a site inspection for 10:00 a.m. Staff arrives at the site and Mr. Sedaghat pulls in as well. Mr. Sedaghat indicates who owns some of the cars in the front yard and gives staff permission to enter in the rear yard to inspect the site. Mr. Sedaghat then gets in car and leaves. Staff proceeds to inspect entire site. There were 28 cars in the front fenced in lot, 3 cars in the designated front parking area, and 22 repairables in the rear yard. On both sides of the building there is still the makeshift storage buildings sealed off with plastic around them full of car parts. The yellow moving van in the rear yard had car parts stored under it. Mr. Hanson knocked on the back service door to see if anyone was working inside. A Spanish speaking man opened the door and indicated be was not working inside, but that he lived there. Mr. Hanson reasked that this man stays there and lives inside and the SpaZ7ish speaking man indicated yes. 12/26/06 Ms. Longrie drops off the paperwork needed for Valor Enterprises CUP and Text Amendment application as well as the license applications. The Code Enforcement Officer noticed that Ms. Longrie has signed all the documents and that the cost agreement was not submitted. Staff indicated to Ms. Longrie that she is not the property owner and cannot sign the cost agreement and Mr. Sedaghat's signature will be needed on all the paperwork and the cost agreement needs to be completed before the applications can be processed. She indicates Mr. Sedaghat will be into city offices around 8:00 a.m. or early Wednesday morning to sign and complete. Staff told her the paperwork would be accepted if he was into sign the next morning. 12/27/06 City Staff is notified that Valor Enterprises is storing 8 cars at the Sinclair gas station and 2 cars at the Citgo gas station. The property owner has given Mr. Sedaghat 24 hours to remove the cars before towing. The property owner indicates the cars started showing up before Christmas, roughly December 20`x'. Permission had been grant fora short duration. 12/28/06 Paperwork was mailed back to Valor Enterprises with rejection letter based on incomplete submittal given Mr. Sedaghat did not show up to sign paperwork on the 27". 12/28/06 City Staff finds 3 previous cars from Sinclair have moved to another property in the Industrial Park without their permission. Christian Life Ministries on Lakeshore and Little Canada Road had 2 of the cars from Sinclair moved to their property without permission. Wonderful Muffle Man on Rice Street had 2 cars show up on their property overnight without permission. All of these cars are owned by Valor Enterprises. City staff was notified that Mr. Sedaghat stores cars during the week at the Car Mart property in Vadnais Heights. City staff conducts and inspection and determines that Mr. Sedaghat has at least 5 cars for sale at this location. Citations were issued to Mr. Sedaghat by the Sheriff s Department for parking of unlicensed and inoperable vehicles. Some of the cars were authorized to be towed by the property owners. 12/29/06 Mr. Sedaghat comes into city offices to sign paperwork and submit application for January cycle. Mr. Sedaghat indicated that his attorney never relayed the message to him and he was unaware it was not complete. He authorized his attorney to sign. City staff explained no evidence of power of attorney was presented. Mr. Sedaghat signs paperwork and it will be processed for January meetings. Mr. Sedaghat discusses with staff why are his cars being towed. He indicates he is trying to get the cars to auto repair locations to be repaired. Mr. Hanson questions how Sinclair, Citgo, Christian Life Ministries are doing any work on his cars. He indicated without head lights he cannot drive the cars at night so he moves them as far as he can each day. He was trying to move the cars from Sinclair to Car X, but it got dark. Mr. Hanson states that he had at least three days to move cars if headlights were the problem. Mr. Hanson indicated that Valor Enterprises has told staff they are no longer moving cars around, but the cars are just moving two buildings down. Plus, we are finding them at other locations. Mr. Sedaghat indicates he is trying to get the cars fixed. 1/8/07 Administrative Search Warrant executed for zoning and fire code violations. 1/10/07 Diana Longerie requests that the review of Valor Enterprises CUP applications, text amendment, and auto licenses renewal be tabled and reviewed in the February meeting cycle. 1/10/07 City Clerk faxes, emails, and mails a letter back to Ms. Longrie indicating a 60 Day Rule Waiver will have to be signed in order to table matter. If not, the applications will remain as scheduled. 1/11/07 Property owner consents to the 60 day waiver. 1/16/07 Building Official posts building unsafe for occupancy. A certified letter was sent to the property address, property owner, and Ms. Longrie. Mr. Sedaghat contact the Code Enforcement Officer following the posting of the unsafe building. A copy of this letter was not left on site, but instead mailed. CEO told Mr. Sedaghat he could pick up a copy of letter or one could be immediately dropped off, he indicated he did not want letter and just mail it. Mr. Sedaghat questioned reason for posting the building. CEO explains that the building has been deemed unsafe with the violations on site and a copy of the report will be available upon completion of the investigation. 1/24/07 CEO calls Mr. Sedaghat to inform him another administrative search warrant will be executed on Friday, January 26 @ 10:00 a.m. CEO offers Mr. Sedaghat the opportunity to enter site with an engineer to conduct his own review of structure. Mr. Sedaghat indicated okay and had no further comment. 1/24/07 Ms Longrie faxes over letter requesting a copy of the report outlining fire code violations. 1/25/07 Mr. Sedaghat calls CEO questioning who will be entering site under the search warrant. CEO explains the Building Official, Fire Inspector, Electrical Inspector, and myself. Mr. Sedaghat indicated he thought we had all been through site on last search warrant. I indicated it was the CEO, Fire Marshal, and Fire hnspector on January 8, 2007. Mr. Sedaghat had CEO go through list of names again of who will be present. 1/25/07 Joel Hanson, City Administrator, runs into Ms. Longrie at the Ramsey County League meeting and informs her of the administrative search warrant being executed on January 26 @ 10:00 a.m. Mr. Hanson invites her to he present and informs her there is substantial structural, electrical, debris storage, and paint booth issues that need to be reviewed. Upon advise of our attorney the building was posted as unsafe and the City will be going after corrections utilizing the hazardous building state statue. The report will be available upon completion, but it is lengthy and is taking time to put together. 1/26/07 Administrative Search Warrant executed for building, mechanical, electrical, and fire code violations. 1/30/07 Faxed over copy of Building Officials letter dated January 16, 2007 to Mr. Sedaghat per his request. 2/2/07 Ms. Longerie faxes over a letter of request for the property owner to have the CUP applications, text amendment, and auto licenses tabled until the March meeting cycle. Mr. Sedaghat comes into city offices and signs the request as the property owner. 2/2/07 City served with Summons and Complaint by Larkin Hoffman. 2/5/07 Judge denies Valor Enterprises their motion for a Temporary Restraining Order and removal of "red tags". 2/14/07 City Council adopts the Order to Correct Hazardous Condition of Building at 3161-3167, Valor Enterprises. 3/8/07 Hazardous Condition compliance inspection completed. The hazardous conditions within the corrective order were corrected and in compliance. The "red tags" were removed from the building. _. -- j P-' ~ .._ ~. ,~,, -F ,..,. \, .,\ ^~ _ ..___......._ - ~.L.... '.._...__.__. .. __ ...i _...._ ...... .. .....__. ~ i i / . i /', .Y Pictures Taken 12126/06 NORTHWEST A5SOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Little Canada Planning Commission FROM: Kimberly Holien/Stephen Grittman DATE: January 5, 2007 SUBJECT: Little Canada- Valor Enterprises CUP CASE NO: 758.09 - 07.02 BACKGROUND Valor Enterprises is seeking a variety of approvals to allow for retail auto sales on a property located at 3167 Spruce Street. The property is 1.85 acres in size and is zoned I-1, Light Industrial. Approvals requested to accommodate the use include a Conditional Use Permit for retail auto sales, a Conditional Use Permit for outdoor storage, and a text amendment to increase the number of motor vehicle sales lot licenses allowed in the City. The applicant previously held a CUP for outdoor storage and retail auto sales on the site. However, this CUP was revoked on September 27, 2006 due compliance issues. The City's code enforcement staff is preparing a companion report providing additional background on previous compliance issues. The applicant is now re-applying for the necessary permits to allow the use to be re-established on site. ANALYSIS The subject site has been a concern of the City for some time. As stated above, a Conditional Use Permit for the site was revoked in September 2006 due to numerous complaints and lack of compliance with the conditions of the CUP. Specific concerns related to the use included an excessive number of "repairable" vehicles (the originally CUP allowed 20 on the property at one time), junk materials and debris in the outdoor storage area, and general maintenance concerns. The applicant has made an attempt to improve the conditions of the property, and is once again applying for the necessary permits to allow retail auto sales and outdoor storage. Zoning. The site is zoned !-1, Light Industrial. The purpose of the I-1, Light Industrial District is to provide for the establishment of warehousing and light or limited industrial development which because of the nature of the product or character of activity requires isolation form residential or commercial use. The proposed uses are conditional uses in the I-1 District. Text Amendment. The applicant is requesting a text amendment to Section 911.040.(H).8 of the Zoning Ordinance which states, "No more than a total of two (2) motor vehicle sales lot licenses may be in full force at any one time in the B-2 and B-3 Districts, nor may more than a total of four (4) such licenses be in force at any one time in the B-2, B-3, B-4, and I-1 Districts combined." The City currently has four motor vehicles sales lot licenses issued. Therefore, no more licenses are available. As many as five licenses had been issued when Valor's previous permit was in force. The applicant is requesting that the ordinance be amended to allow five motor vehicle sales lot licenses. Consideration of this request is at the discretion of the City. The original purpose of the license limitation was to manage this use, with which the City has had an historical problem dealing with blight issues in general. Those issues were even more concentrated on the site in question, and with this applicant. As identified in the Code Enforcement report, City staff has spent an inordinate amount of time dealing with compliance issues at this location, over an extended period of time. In summary, planning staff would not recommend amendment to the ordinance. Given that the purpose of the ordinance was to limit motor vehicle sales lots due to blight and enforcement concerns, and given that this applicant has been the focus of compliance issues that the ordinance was intended to address, an amendment to the number of licenses would appear to be counter to the City's expressed policy in this area. Also to be considered is that legal opinions have established Conditional Use Permits as essentially a right, presuming that an applicant can meet the reasonable conditions of the permit approved by the City Council. As such, the City would have difficulty denying an application for a permit in which the applicant's proposal demonstrates compliance with those conditions. Once established, the applicant must continue to meet the conditions, but this requires regular monitoring, or a reliance on complaints, after which the City is left to attempt enforcement - an expensive and time-consuming process. In the case where a particular business is a disfavored use in the City, it is best to severely limit the ability for property owners to establish it in the first place. However, in the event that the City considers the amendment, the following material addresses the applications for the Conditional Use Permits necessary to re-establish the Valor business at the site in question. Retail Auto Sales CUP. Motor vehicles sales lots are allowed by Conditional Use Permit in the I-1 District, subject to the following conditions: 2 1. Outside services and sales are associated with a principal building of at least one thousand {1,000) square feet of floor area. Comment: A 5, 760 square foot building is located in the center of the site, containing a shop and office space. 2. The entire sales lot and off-street parking area is paved. Comment: The site plan does not indicate the surface materials of all sales lot and parking areas. Paving is required for these areas. The City has allowed some storage areas to remain unpaved in this district, but those areas reserved for sales, parking, and circulation need to be paved. Although most are familiar with the site, it is important that the site plan fully identifies ALL improvements and surfaces for the purpose of future reference of both the owner and the City. 3. A minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. Comment: The site plan indicates a sales lot for 16 vehicles in an area approximately 9, 600 square feet in the southwest corner of the site, allowing for approximately 600 square feet of sales area per vehicle. A second sales lot is shown adjacent to the shop, approximately 2,800 square feet in area. This sales lot is intended to contain six vehicles, allowing for 467 square feet of sales are per vehicle. A third sales lot is located adjacent to the customer parking location, intended for three vehic/es. This lot is approximately 9,138 square feet in size, allowing for 380 square feet per vehicle. An overflow sales lot is located in fhe northeast corner of the site. This lot is 2,700 square feet in area grid is shown to contain six vehicles. The area provided allows for 450 square feet of sales area per vehicle, satisfying the minimum requirement. 4. Adequate off-street parking and off-street loading in compliance with the requirements of Sections 903.050 and 903.060 of this Ordinance is provided. Comment: As demonstrated below, the off-street parking requirement has been met. 5. A perimeter curb is provided around the sales/parking lot. Comment: No curbing is shown on the site plan at any location on the site, as required. 6. A strip of not less than five (5) feet adjacent to the public right-of-way shall be landscaped and screened in compliance with Section 903.020.G of this Ordinance. Landscape plans for the proposed development shall be submitted to and approved by the City Council and City staff. 3 Comment: IVo landscape plan has been submitted for the site. The site plan simply states that there is a green strip approximately six feet wide adjacent to Spruce Street. It is assumed that the existing landscaping on the site wi!( remain as-is. The strip shown is separated from the sales lot by a chain link fence with slats, approximately eight feet tall which assists in screening from the Spruce Street right-of--way. 7. No more than a total of two (2) motor vehicle sales lot licenses may be in full force at any one time in the B-2 and B-3 Districts, nor may more than a total of four (4) such licenses be in force at any one time in the B-2, B-3, B-4, and I-1 Districts combined. Comment: The applicant is applying for a text amendment to this requirement, to increase the number of available licenses to five. 8. License shall be subject to an annual review. Open and Outdoor Storage CUP. Open and outdoor storage as an accessory use is permitted in the I-1 District by Conditional Use Permit, provided that the following conditions are met: 1. The area is fenced and screened from view of neighboring residential uses or residentially zoned property. Comment: The site does not abut any residential uses. 2. Storage is screened from view of the public right of way. Comment: The storage area is separated from the Spruce Street right-of--way by a sales lot, which is surrounded by a chain link fence with slats. The distance of the storage area from the right-of--way and the presence of fence would appear to provide adequate screening. 3. Storage area is paved with asphalt, concrete, or other material approved by the City Council Comment: The storage area is covered with Class V surfacing, as opposed to being paved. As noted previously, the City has permitted Class V gravel surfaces for storage in this area, although the City has discretion to require pavement if desired. 4. 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 residential uses, and shall be in compliance with Section 903.020.1 of the Zoning Ordinance. Comment: No lighting plan has been provided for the site. The applicant shall be required to submit said informafion, demonstrating compliance with Section 903.020. 4 5. The storage area shall not occupy any space required for conformity to the parking regulations of the Zoning Ordinance. Comment: The storage area does not interfere with a,ny required off-street parking. As demonstrated below, the minimum parking requirement for the site has been met. Parking. The parking requirement for auto repair uses is eight off-street parking spaces plus one additional parking space for each 200 square feet of floor space over 2,000 square feet. The building is 5,760 square, requiring a total of 11 parking stalls. The site plan illustrates five customer parking stalls, plus eight employee parking stalls. Therefore the minimum parking requirement has been satisfied. An additional proof of parking area is shown on the west side of the property. Lot Requirements and Setbacks. The following table illustrates the lot requirements and setback requirements for the I-1 District, as well as what is proposed for the site. Overall, the site is consistent with the requirements for the district. Required Proposed Lot Area 20,000 square feet 80,586 square feet Lot Width 100 feet 200 feet Front Yard Setback 40 feet 50 feet Side Yard Setback 15 feet 30.5 feet Rear Yard Setback 20 feet 44 feet Access. Access to the site is provided at three locations off Spruce Street. The easternmost curb cut is approximately 30 feet in width and is located directly on the property line. The ordinance limits curb cuts for driveways to 24 feet and must be a minimum of five feet from the side lot line. While this driveway is non-compliant, it is an existing condition that is not proposed to be altered as part of this application. Therefore, it may be allowed to continue in its current state. Each property is allowed one curb cut for each 125 feet of frontage. Under this provision, the site would be allowed to have one curb cut, as opposed to three. However, the existing driveways are not proposed to be altered as part of the application either, and may therefore be allowed to continue. Drainage. Existing conditions on the site have previously created issues with drainage. According to a narrative submitted by the applicant, the area to the west of the site, identified as proof of parking, is most susceptible to drainage problems. The applicant is installing a barrier between the outdoor storage area and the proof of parking area, constructed of landscaping brick with a drain the piping and drain field rocks to assist with drainage problems in this area. The applicant is also proposing to seed and landscape the proof of parking area. The drainage on site is subject to the review and comment of the City Engineer. The applicant has stated that they are willing to provide ponding in the proof of parking area if it is deemed necessary after the wall is constructed. 5 Signage. No modification to the size or number of signs on site is proposed. The applicant has stated that the existing sign will be painted when the weather permits. RECOMMENDATION ' Valor Enterprises is seeking a number of approvals to allow for auto repair and retail auto sales on their property at 3167 Spruce Street. Approvals requested include a Conditional Use Permit for retail auto sales, a Conditional Use Permit for outdoor storage, and a text amendment to increase the number of auto outdoor retail sales licenses allowed in the City. As proposed, the conditions for approval for both retail auto sales and outdoor storage have not been met. Regarding the request for a CUP for retail auto sales, the following requirements are not satisfied: The site plan does not demonstrate that all sales lots and off-street parking locations are paved. 2. No curbing is shown at the perimeter of each sales lot. 3. The maximum number of licenses issued for the City have already been issued to other dealers. Regarding the request for a CUP for outdoor storage, the following requirements are not satisfied: The storage area is covered with Class V surFacing, and does not contain the recommended asphalt or concrete. The City shall determine is this material is appropriate. 2. No lighting plan has been submitted to demonstrate that all lighting shall be properly hooded and directed so it is not visible from the right-of-way. Planning staff does not recommend approval of the text amendment necessary to consider the Conditional Use Permits as requested. As noted previously, the purpose of the existing ordinance was to limit these uses as a result of the City's concern over blight and enforcement concerns. Also as noted, this site and applicant have been the subject of long-standing enforcement concerns, illustrating the need for the license limitation. If the City chooses to adopt the amendment creating the availability of an additional license, the applicant is seeking Conditional Use Permits to operate a sales lot and store materials outside on the subject property. Planning staff does not recommend approval of these permits, based on findings that: (1) the applicant has an extensive history of non-compliance with these specific uses, (2) the plans submitted in support of the request do not provide adequate detail to ensure that all requirements of the ordinanoe are be met, and {3) the site has been shown in the past to have drainage problems that do not facilitate the use of the property for outdoor storage or unimproved surfaces. pc: Joel Hanson Kathy Glanzer Lee Elfering Steve Westerhaus Fred Sedaghat, 8026 131St Street, Apple Valley, MN 55124 e f ~" i~ i ~ r.~u~~` Rte-. ~~ ' ! 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