4.1 PCSR 08-25-2015 i
Elk -,.- Request for Action
River
To Item Number
Planning Commission 4.1
Agenda Section Meeting Date Prepared by
Planning Items August 25, 2015 Zack Carlton, Planning Manager
Item Description Reviewed by
Request by Plant Place Inc. for a Conditional Use Chris Leeseberg, Senior Planner
Permit to operate a conditional home occupation at Reviewed by
11355 207th Ave NW. Public Hearing
Action Requested
Recommend,by motion,approval of the Conditional Use Permit (CUP) request by Plant Place Inc. with
the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required
permits.
2. The proposed storage area shall be reduced in size so as not exceed one-half acre in total storage
area.
3. Any proposed expansion of the impervious surface area will need to be reviewed for compliance
with the city's stormwater requirements.
4. Business operations shall not occur outside of the following hours of operation: 8 a.m. to 5 p.m.
Monday through Friday
5. Business operations may also occur 9 a.m. to noon Saturdays April through June.
6. Retail sales will not be permitted.
7. Wholesale to the general public will not be permitted.
8. Noise levels shall not exceed the MPCA noise pollution guidelines for residential uses at the
property line.
9. Freestanding signage shall be limited to six feet in area and six feet in height.
10. The Conditional Use Permit shall not be recorded until all applicable conditions have been
substantially completed.
11. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire.
Background/Discussion
Case No. CU 15-12
On July 28, 2015, the Planning Commission reviewed the conditional home occupation request from
Plant Place. A number of residents from the area came to the meeting and expressed concern about the
application. Their concerns included the amount of outdoor storage, screening, and noise. Many of the
residents stated that they can see the outdoor storage area from their homes and that they do not believe
it fits the character of a residential neighborhood. The applicant answered a number of questions
regarding business operations and addressed the outdoor storage question by stating they have plans to
eventually move all storage indoors.
POWERED BY
NATURE
After receiving testimony from the applicant and residents, the Planning Commission expressed concern
regarding the proposed outdoor storage. The Commission continued the public hearing to August 25,
2015, to provide the applicant additional time to refine their request. The applicant will provide updated
plans and address the concerns from the Planning Commission and residents during the public hearing.
Applicable Regulations
Home Occupations
The application does not include any prohibited activities associated with a home occupation. However,
the request does not meet a number of the requirements for a permitted home occupation,requiring a
CUP per Sec. 30-801 (d).
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
(1) 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 or general welfare of the neighborhood or the city.
(2) Will be consistent with the comprehensive plan.
(3) Will not impede the normal and orderly development and improvement of surrounding vacantpropery.
(4) Will be served adequately by and will not adversely affect essential public facilities and services including
streets,police and fire protection, drainage, refuse disposal, water and sewer ystems,parks and schools;and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
(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.
(6) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(7) Will fully 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.
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.
In reviewing the conditions for issuance of a CUP,the application appears to be consistent with the
standards.
Attachments
• Planning Commission Packet dated July 28, 2015
\\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\CUP\CU 15-12 Jim Schroer-Plant Place\CU 15-12 sr PC Plant
Place 8-25-2015.docx
Request for Action
To Item Number
Planning Commission 5.1
Agenda Section Meeting Date Prepared by
Planning ItemsJuly 28, 2015Zack Carlton, Planning Manager
Item Description Reviewed by
Request by Plant Place Inc. for a Conditional Use
Chris Leeseberg, Senior Planner
Permit to operate a conditional home occupation at
Reviewed by
11355 207th Ave NW. Public Hearing
Action Requested
Recommend, by motion, approval of the Conditional Use Permit (CUP) request by Plant Place Inc. with
the following conditions:
1.As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required
permits.
2.The proposed storage area shall be reduced in size so as not exceed one acre in total storage
area.
3.Any proposed expansion of the impervious surface area will need to be reviewed for compliance
with the city’s stormwater requirements.
4.Business operations shall not occur outside of the following hours of operation: 8 a.m. to 5 p.m.
Monday through Friday
5.Business operations may also occur 9 a.m. to noon Saturdays April through June.
6.Retail sales will not be permitted.
7.Wholesale to the general public will not be permitted.
8.Noise levels shall not exceed the MPCA noise pollution guidelines for residential uses at the
property line.
9.Freestanding signage shall be limited to six feet in area and six feet in height.
Background/Discussion
Case No. CU 15-12
Plant Place Inc. is requesting approval of a CUP to operate an off-site nursery retail operation and an on-
site wholesale nursery business as a conditional home occupation. Operations associated with the retail
portion of the business include storing greenhouse frames, equipment, and plant material for use at
seasonal garden center locations throughout Minnesota. All retail sales are conducted off-site. The
wholesale business will be appointment only and will not be open to the general public. Any changes to
the scope of operations as identified in the applicant’s narrative will require an amendment to the CUP.
The property is a 24.5 acre parcel in the R-1a zoning district and is bordered by Highway 169/Brook Rd
to the west, wooded residential lots to the north, a corn field to the east, and residential lot to the south.
The applicant has also planted 80 evergreen trees, six feet tall, along the east and south property lines with
plans for another 150 trees later this year. The trees are intended to screen the property from adjacent
th
properties. The topography of the site screens the business operations from view along 207 Ave. The
proposal does not include the use of heavy equipment and machinery, but as business operations expand
the equipment may be required. To ensure noise does not become a concern, staff recommends following
the MPCA noise pollution guidelines for residential uses.
Hours of Operation
The applicant's narrative states that the business will operate year round between the hours of 8 a.m. to 5
p.m. Monday through Friday. The narrative also states they will be open on weekends from April
through June. The hours of operation for weekends are not specified,but staff recommends 9 a.m. to
noon Saturday and closed on Sunday. The reduced hours of operation for the weekend is intended to
protect the character of the residential area the property is located in.
Site Improvements
The site plan includes an 80 by 100 foot greenhouse expansion and a 300 by 210 foot outdoor storage
area. The greenhouse structure appears to comply with building setback and accessory structure size
requirements. A building permit will be required before construction begins. The outdoor storage area is
over 63,000 square feet in size and would require an NPDES permit from the state and grading permit
from the city. Staff recommends reducing the total area permitted for outside storage to one acre. City
ordinance Sec. 46-34 defines a nuisance as the storing of occupational materials on a residential property
when in excess of one percent of the lot area. The proposed one acre limit is approximately four times
that threshold, but is tied to a conditional home occupation permit providing authority for additional
oversight opportunities.
Signage
The applicant is requesting to install a 32 square foot sign near the corner of 207th Ave and Brook Road.
City ordinance limits sign size in residential districts to four square feet for permitted home occupations.
Staff recommends limiting sign size to six square feet in area and six feet in height setback 10 feet from
property lines. The size limits are consistent with past conditional home occupation signage.
Comprehensive Plan
The comprehensive plan guides the property for residential uses, consistent with the proposed use as a
residential home with a conditional home occupation.
Applicable Regulations
Home Occupations
The application does not include any prohibited activities associated with a home occupation. However,
the request does not meet a number of the requirements for a permitted home occupation, requiring a
CUP per Sec. 30-801 (d).
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
(1) Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
(2) Will be consistent with the comprehensive plan.
(3) Will not impede the normal and orderly development and improvement of surrounding vacant proper ty.
(4) Will be served adequately by and will not adversely affect essential public facilities and services including
streets,police and fire protection, drainage, refuse disposal, water and sewer ystems,parks and schools;and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
\\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\CUP\CU 15-12 Jim Schroer-Plant Place\CU 15-12 sr PC Plant
Placc.docx
thoroughfares.
(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.
(6) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(7) Will fully 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.
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.
In reviewing the conditions for issuance of a CUP, the application appears to be consistent with the
standards.
Attachments
• Location Map
• Applicants Narrative
• Site Plan
• Ordinance Section 30-801 —"Home Occupations"
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Plant Place/ Schroer
Conditional Use Permit Case No: CU 15- 12 ' L
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PLANT PLACE
Plant Place Inc.is a family owned and operated business that has been operating since 1983.
My family has lived in Elk River for as many years.We've raised our children,supported our
schools,and have been actively involved in our local churches and community. Our business
has primarily consisted of seasonal garden centers that we set-up and operate throughout the
state of Minnesota. We began with 3 and are presently operating 27, one of them being at the
Coborn's in Elk River.
With the purchase of our new property located at 11355 207th Ave NW,we are proposing the
operation of a Wholesale Nursery. With this in mind,we propose the following: Office space
located inside one of the existing pole structures. We already use the existing pole buildings for
storage of material related to the nursery operation,equipment and supplies for support of our
off-site retail locations. An outdoor storage area is presently used for the seasonal garden
center structures that we use at our off-site retail locations. This area consists of a pad of class
5 gravel approximately 210ft x 300ft. This entire area will be screened by a barrier of white
pine and black hills spruce,which have already been planted in two offset rows on a hillside
spaced 10'apart and the trees are spaced 16'apart in each row.
This site will not be open to the general public,it will be wholesale by appointment only.The
proposed signs on the property will include that information (understanding we will need a sign
permit). The driveway and parking area that exists will be fortified with crushed concrete but
will remain the same size. There are approximately 10 parking stalls.
The hours of operation will be Monday—Friday 8am to 5pm year round. With the exception of
April,May and June open on weekends as well.
Again, I have been a resident and business owner in the city of Elk River for the past 30 years. I
recently purchased this property to relocate the storage of my business assets from
Zimmerman to Elk River. Before I purchased this property I met with the City Planner and told
him what I wanted to do with the property. I was told by him that my proposed use was fine as
long as I wasn't selling retail at this site. This property is over 24 acres and the use is set back
from the roads and the entire storage area will be screened by evergreens.
We have always made an effort to comply with the city and have a positive working
relationship, as well as being good citizens of a community we love.
Plant Place Garden Centers Main Office PO Box 390 Elk River 55330 763-441-8022 www.Plantplacemn.com
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7/23/2015 Elk River,MN Code of Ordinances
Sec. 30-801. - Home occupations.
(a) Purpose. The purpose of this section is to provide a means, through the establishment of specific
standards and procedures, by which home occupations can be conducted in residential
neighborhoods without jeopardizing the residential character or health, safety and general welfare of
the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling
a distinction between permitted home occupations and conditional or customarily "more sensitive"
home occupations, so that permitted home occupations may be allowed through an administrative
process rather than a quasijudicial hearing process.
(b) Prohibited activities. No home occupations (permitted or conditional) shall:
(1) Constitute a fire hazard to neighboring residences, adversely affect neighboring property values,
or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive
traffic, noise, glare, odor, electrical interference, vibration, dust and other nuisance or safety
hazards.
(2) Adversely impact governmental facilities and services, including roads, sanitary sewers, water,
storm drainage, garbage service, police service and fire service.
(3) Adversely affect sensitive environmental features, including lakes, surface water and
underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as
found relevant by the city.
(4) Involve the use of hazardous materials or activities.
(5) Involve any of the following: body shops, machine shops, welding, ammunition manufacturing,
flea markets, motor vehicle repairs or sale, escort businesses or any sexually oriented land uses,
gun repair and/or sales, or other objectionable uses as determined by the city council.
(c) Permitted home occupations. Permitted home occupation permits shall be issued subject to the
conditions of this section, other applicable city ordinances and state law. A permit for a permitted
home occupation may be issued by the city based upon proof of compliance with the provisions of
this section. Application for the permitted home occupation permit shall be accompanied by a fee as
adopted by resolution of the city council. If the city denies a permitted home occupation permit to an
applicant, the applicant may appeal the decision pursuant to the provisions of subdivision II of
division 2 of this article. Permitted home occupations are subject to the following criteria:
(1) The occupation shall be carried on entirely within the dwelling unit or attached garage, except
that light construction contractors may use detached accessory structures which would normally
be allowed under the provisions of this article for storage. If the home occupation is carried on in
the garage, the minimum amount of required garage space shall be maintained.
(2) There shall be no exterior evidence of the home occupation such as displays or exterior storage
of business equipment, materials, merchandise, inventory or heavy equipment.
(3) No permitted home occupation shall require internal or external construction features not
customarily found in dwellings.
(4) A maximum of one full-time employee, or equivalent, other than those persons who customarily
reside on the premises shall be employed. This provision shall not apply to dwellings where the
permitted home occupation is a meeting place for employees and the work is done off-premises.
(5) Permitted home occupations involving teaching shall not exceed two pupils at a time.
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7/23/2015 Elk River,MN Code of Ordinances
(6) Any sign or visible advertisement shall not exceed four square feet in area and shall be mounted
flat on the outside wall of the dwelling.
(7) No permitted home occupation shall be serviced by delivery vehicles larger than 26,000 pounds
gross vehicle weight.
(8) No home occupation shall have outside employees and/or customers between the hours of
10:00 p.m. and 7:00 a.m.
(9) Permitted home occupations shall not create a parking demand in excess of that which can be
accommodated in an existing driveway, where no vehicle is parked closer than 15 feet to the
curbline or edge of the paved surface.
(10) The operation of any wholesale or retail business, unless it is conducted entirely by mail, and
does not involve the sale, shipment, or delivery of merchandise on the premises, is prohibited.
On-site sales shall be limited to those clearly incidental to services provided in the dwelling.
(11) Permitted home occupations may not involve repair of internal combustion engines or use of
equipment which is not normally found in a home, except that equipment which is typically in
an office may be used.
(12) The applicant shall obtain and include with their application, written proof that the
homeowner's association, if one is present, has received seven days' notice of the application
for a home occupation.
(d) Conditional home occupations. Home occupations that do not involve prohibited activities but that
exceed the permitted home occupation criteria may be allowed with approval of a conditional use
permit by the city council pursuant to the provisions of subdivision II of division 2 of this article.
(e) Inspections. The city may at any reasonable time inspect the home occupation to determine if the
applicant is strictly adhering to the criteria for a permitted home occupation or the conditions placed
on a conditional home occupation.
(f) Revocation or expiration of permit.
(1) Permitted and conditional home occupation permits shall remain in effect until such time as
there has been a change in the conditions of the operation or until such time as the provisions of
this section have been breached. At such time as the city has reason to believe that either event
has taken place, the owner of the home occupation may cease the operation or request a public
hearing be held pursuant to the provisions of subdivision Ill of division 2 of this article to consider
the matter.
(2) If the proposed work described in a home occupation permit has not been substantially
completed within two years after its date of issuance, the permit shall expire and become void,
except that the council may, following recommendation of the planning commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration.
(3) The permit shall terminate if, for any reason, the authorized use ceases for more than six
months.
(Code 1982, § 900.25; Ord. No. 05-09, § 2, 4-4-2005; Ord. No. 14-16, § 1, 11-17-2014)
Cross reference— Licenses and business regulations, ch. 38.
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