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4.3 PCSR 02-24-2015ECity lk River Request for Action To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Planning Items February 24, 2015 Chris Leeseber , Park Planner - Planner Item Description Reviewed by Request by Gustafson Trailers for Conditional Use Permit for trailer sales and repair, 17354 Zane St Jeremy Barnhart, Deputy Director, CODD Reviewed by NW, Case No. CU 15 -05 — Public Hearing Action Requested Recommend, by motion, approval or denial of the Conditional Use Permit as proposed. If a recommendation of denial is recommended, staff suggests it be for the following reasons: 1. The project is not consistent with the comprehensive plan. The subject property has an underlying Land Use of High Density Housing /Riverfront Amenity (The Point) as defined in the adopted Comprehensive Plan and the Focused Area Study (FAST). The uses here would include residential product from townhomes to apartments and uses that embrace the river. 2. A non - conforming land use could impede the normal and orderly development of the surrounding vacant properties. 3. The project is not adequately served by the available city water and sewer services. If a recommendation of approval is recommended, staff suggests the following conditions: 1. A Land Use amendment be applied for and approved by May 18, 2015 2. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of required building and sign permits before construction may begin. 3. The building shall meet all building and fire codes. 4. The Fire Chief and Building Official shall verify all required safety features are in place to preserve the health and safety of the occupants in the permanent building and the temporary office space. 5. The applicant must apply for and receive approval of all required sign permits before signage may be installed. 6. All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5 footcandle on any part of the property. 7. No more than 40 trailers shall be parked on site at one time. 8. No more than 10 for sale /lease vehicles shall be on site at one time. 9. By June 1, 2015 all parking stalls for trailers and vehicles shall be marked as required by ordinance to ensure there is adequate space for emergency vehicles to circulate on the site. 10. Landscaping plan shall be approved by staff, showing 10 over story trees. 11. All required landscaping, as indicated on the staff approved landscape plan, shall be installed by June 1, 2015. 12. The building shall connect to water, sanitary sewer and electric services by June 1, 2015. P 0 N E 0 E 0 B Y AUR 13. Any expansion of the trailer business, or an additional use of the remaining 20,200 square feet will require an amendment to the Conditional Use Permit. 14. All issues indicated in the staff Comment Letter dated February 17, 2015 are addressed. Overview The applicant is leasing a portion of the subject property and building for trailer sales /repair and auto sales. Background /Discussion The subject property is currently zoned C3 (Highway Commercial) and has an underlying Land Use of High Density Housing /Riverfront Amenity (The Point) as defined in the adopted Comprehensive Plan and the Focused Area STudy (FAST). The uses here would include residential products from townhomes to apartments and uses that embrace the river. Though not required outside of the metro area, the zoning of property should be consistent with the land use plan. The Council tabled a planned rezoning of the FAST study last November. The property could fall under a Southern Twin Lakes Road Business District which could guide the area properties to a residential zoning. The FAST plan recognized the limited access to the area, its unique access to the river guided the area for uses that do not rely on access or visibility from the highway. It also guides the area for uses that are not conducive to daily truck traffic. Applicable Regulation The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safey, morals, comfort, convenience orgeneral welfare of the neighborhood or the d_0. The properties directly to the south of the subject property are residential and the property to the north is an apartment. The use could affect the use and enjoyment of these properties. 2. Will be consistent with the comprehensive plan. The project is not consistent with the comprehensive plan. The subject property has an underlying Land Use of High Density Housing /Riverfront Amenity (The Point) as defined in the City Council adopted Comprehensive Plan and the Focused Area Study (FAST). The uses here would include residential product from townhomes to apartments and uses that embrace the river. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. A non - conforming land use could impede the normal and orderly development of the surrounding vacant properties. 4. Will be served adequatey bj and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer gstems, parks and schools; and mill not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. N:\ Departments \Commwvty Development \Planning \Case Files \CUP \CU 15 -05 Gustafson \CU 15 -05 sr PC Gustafson 2- 2415.doex It was indicated to staff by the applicant they will be utilizing portable toilets for their employees and customers. The property is served by city water and sewer services, hook up is required. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The properties directly to the south of the subject property are residential and the property to the north is an apartment. Noise and fumes could be detrimental to these properties. 6. Weill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. As proposed, the project will not result in the destruction of any of these. 7. Willfully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. It appears work has been completed within the building without permits. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30 -654. Analysis Building The applicant will be using approximately 3,800 square feet of the approximately 24,000 square foot building for a repair facility. They will be utilizing a rented portable office to run the business from. Staff is unaware of what activities will occur in the remaining portions of the building, which is not being leased by the applicant. Staff has requested a site plan showing the location and size of this portable office and where the portable toilets are going to be located be submitted by February 23, 2015. All building and electrical work that has been, or will be done, in or on the building must have the proper permits and inspections. The Building Department requested a tour of the building prior to the February 24, 2015 Planning Commission meeting. The Building Department has not been able to complete the analysis of the project without this access. A Conditional Use Permit is applied to a property. Any expansion of the trailer business, or an additional use of the remaining 20,200 square feet will require an amendment to the Conditional Use Permit. Transportation /Circulation The area the applicant is leasing will utilize one access point off of Yale Street. While the submitted site plan shows 39 trailers and 8 vehicles, the written narrative indicates the desire for unlimited trailers, 15 cars /pickups, and 10 trucks. Staff has requested a detailed scaled site plan be submitted by February 23, 2015 showing where all of these vehicles and trailers will be placed. N:\ Departments \Community Development \Planning \Case Files \CUP \CU 15 -05 Gustafson \CU 15 -05 sr PC Gustafson 2- 2415.docx All parking stalls for trailers and vehicles shall be marked as required by ordinance to ensure there is adequate space for emergency vehicles to circulate on the site. The ordinance provides for minimum stall size and aisle width. Lighting Site lighting was not mentioned in the submitted information. Any lighting for the property /project will need to meet the minimum standards set forth in Section 30 -937 of the city code. Utilities Outdoor portable toilets are being proposed for employees and customers. Water — The property is served and hook up is required. Sanitation — The property is served and hook up is required. Storm Sewer /water — The property is served and hook up is required. Landscaping By ordinance, a Conditional Use Permit will fully comply with all other requirements of this code (30 -654 a 7). In situations where the landscaping for an existing building does not meet the requirements, the City Council has historically reduced the requirement in scale with the proposed development. The property has a perimeter of approximately 2,400 feet. Section 30 -934 of the city code states the number of trees on the lot, tract, or parcel shall not be less than three plus the perimeter of the described area as measured in feet divided by 40. This would result in 60 trees being required. The subject property is wooded along the west side and credit can be given for those trees but may not exceed 50 percent of the total requirements. This would reduce the number of required trees to 30. The applicant is utilizing about one third of the useable space and staff believes that justifies one third of the requirement, or 10 trees. Staff has requested a landscape plan be submitted by February 23, 2015 showing where all of trees are being planted. Financial Impact None Mn Statute 15.99 deadline The City must take action by March 26, 2015 Attachments • Location Map • Applicants Narrative • Comment Letter dated February 17, 2015 • Site Plans N: \Departments \Community Development \Planning \Case Files \CUP \CU 15 -05 Gustafson \CU 15 -05 sr PC Gustafson 2- 24- 15.docx f .} At _ r gy LO V cz C%) a--+ v O +J �.� V) o U NIO i j � ,Y ,ti •t t, � N N NN y yy / Ngvl t,'3 •- ��'I�� !! .4 - �:. . (fit i� 0,,,1, to 1. A .. , 1 .l 1 f .} At _ r gy LO V cz C%) a--+ v O +J �.� V) o U Conditional Use Permit Application Rage 2 Description of Project Narrative 1/6/2014 Last Moditicd The narrative is your opportunity to describe, promote, and sell your proposal to the Planning Commission and /or City Council before the meeting(s). A typewritten narrative explaining your request in detail should include, but not limited to, all the following applicable information: • Detailed description /scope of project. r( ■ What is being proposed? li-or1 eY ok f erdt -- • Hours of Operation a //' 2 /��ti — 5'1'�' • Number of Employees �J • Number of parking stalls, existing and additional 115 • Is there proposed screening of the site? • Proposed building materials ■ How do they comply with applicable design standards? o Signage — (at time of installation, a separate pelmit is n.,q1 rrd ftr each sign) • How many? • Proposed sizes? )( yd 1� X Sr • Locations? 6,,,Vl�y it,, 5ir�'' r'r • What type? � Iro/'1`tn u� � V l hYi 3 ALN o Is there outdoor storage? ho } J+ '� �►3 11J�t- ■ What is being stored? ■ How much? ■ Proposed screening? N: \Dcparunrnts \Communin 1X%dopmcnr \P1anning \Admin\ 1Pp11Cnion Fornts \Conditional Ulsc Kniiii.docx February 1, 2015 Gustafson Trailers Inc 1 (Chris with Gustafson Trailers) am applying for a Conditional use permit for Trailer sales and repair. At this location (17354 Zane St NW Elk River, MN 55330) At this time I have 3 full time employees.. We will be open 6 days a week from 8AM to 5PM Mon thru Sat (closed Sunday) At this time we have 50 plus trailers but will have more coming, 10 or so cars and pickups and 5 trucks Unlimited Trailers, 15 cars, 10 trucks We will be using the building in its original form, the old body shop will work perfect for our repair facility, as far as an office, I have rented a portable office to use. We will be covering up the (Saxon collision center) letters on the building with a vinyl sign that reads (Trailer sales parts service) 3X40, also I have a sign that reads Gustafson Trailers Inc with hours and pertinent info required for a dealer's license. A sign that reads office next to the door. These signs are aluminum dybond. xaver 13065 Orono Parkway Elk River, DIN 55330 February 17, 2015 Chris Gustafson 17354 Zane Street Elk River, MN 55330 RE: Conditional Use Permit Dear Mr. Gustafson, Thank you for your site plan review application for Conditional Use Permit at 17354 Zane Street. On January 26, 2015, the city received your application for the above use. Staff conducted a thorough site plan review on February 6, 2015 and has the following comments: Conditional Use Permit The City may approve a Conditional Use Permit only if it finds that such use at the proposed location: (2) WIN be consistent with the comprehensive plan. The project is not consistent with the comprehensive plan. The subject property has an underlying Land Use of High Density Housing /Riverfront Amenity (The Point) as defined in the City Council adopted Comprehensive Plan and the Focused Area Study (FAST). The uses here would include residential product from townhomes to apartments and uses that embrace the river. The FAST plan recognized the limited accessibility the area has and guided the area for uses that do not rely on access or visibility from the highway. It also guides the area for uses that are not conducive to daily truck traffic. A land use amendment will need to be approved. (3) WIN not impede the normal and orderly development and improvement of surrounding vacant proper y. A non - conforming land use could impede the normal and orderly development of the surrounding vacant properties. (4) W1 ill be served adequate& bby and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer ? sy terns, parks and schools; and will not, in particular, create traffic congestion or interference with tralc on adjacent and neighboring public thoroughfares. You indicated to me when we met at city hall that you will be utilizing portable toilets for your P0WIREB 8T Phone: 763.635.1000 U R Nvu,w. E1kRiverN1N.gov �F employees and customers. The property is served by city water and sewer services, hook up is required. Parking /Access The area you are leasing has one access point off of Yale Street. Your site plan shows 39 trailers and 8 vehicles, while your narrative indicates you want unlimited trailers, 15 cars /pickups, and 10 trucks. We will need a detailed scaled site plan showing where all of these vehicles and trailers will be placed. All the stalls shall be marked on the pavement to ensure there is adequate space for emergency vehicles to circulate on the site. Landscaping By ordinance, a conditional use permit will fully comply with all other requirements of this code (30- 654 a 7). In situations where the landscaping for an existing building does not meet the requirements, the City Council has historically reduced the requirement in scale with the proposed development. The property has a perimeter of approximately 2,400 square feet. Section 30 -934 of the city code states the number of trees on the lot, tract, or parcel shall not be less than three plus the perimeter of the described area as measured in feet divided by 40. This would result in 60 trees being required. The subject property is wooded along the west side and credit can be given for those trees but may not exceed 50 percent of the total requirements. This would reduce the number of required trees to 30. You are utilizing about one third of the useable space and staff believes that justifies one third of the requirement or 10 trees. We will need a landscape plan showing where all of trees are being planted. Building Your narrative states you will be using approximately 3,800 square feet of the building for a repair facility and will be utilizing a rented portable office to run your business out o£ What will occur in the remaining portions of the building? Please include on the site plan the location and size of this portable office and where the portable toilets are going to be located. All building and electrical work that has been, or will be done, in or on the building must have the proper permits and inspections. Please provide copies of all the permits that have been applied for and /or issued. The Building Department would like a tour of the building prior to the February 24, 2015 Planning Commission meeting. Fire The Fire Marshall toured the building to see what had been finished from his first visit. Several things were done but a couple more need to be completed, one being to contact the electrical inspector, obtain an electrical permit, and get the electrical stamp for the work already completed. In order for city staff to grant zoning approval of your request, please submit revised drawings and other requested information, as indicated above, by February 23, 2015. Based on the information submitted, staff must recommend denial of the application. If denied, you will need to vacate the property immediately. Please let me know if you have any questions. Sincerely, Chris Leeseberg, Park Planner /Planner Ph: 763.635.1033 Fx: 763.635.1090 cleeseberggElliRiverMN.gov cc: Sun Rae Apartments LLC 19021 Freeport St NW #500 Elk River, MN 55330 t • t • � t► f • V • rr t � • • • 1 N f 1 • ` � V r V i t.. t o-! T •i • F 1• 4L ! r O �J p 9 ' � N LO N o r- r � N fh ........ ��.-..-........... ��r....... w- �.....•�....�..._.�..- .��«.,� .w........r. ................... .... 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