7.2A. SR 04-18-2016Request for Action
To
Item Number
Mayor and City Council
7.2.A
Agenda Section
Meeting Date
Prepared by
Public Hearin s
Aril 18, 2016
Chris Leeseber , Senior Planner
Item Description
Rick Haugland — 21475 Highway 169 NW
■ Rezone property from CRT (Commercial
Reserve Transition) to C3 (Highway
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Commercial)
Action Requested
Adopt, by motion, an ordinance to rezone certain property from Commercial Reserve Transition (CRT)
to Highway Commercial (C3) with the condition that Conditional Use Permit CU 16-09 shall be
approved and all conditions met.
Background
Case No. ZC 16-01
The subject property is zoned Commercial Reserve Transition (CRT) with a portion of the property in
the Antenna Overlay District (AT).
The applicant has also applied (CU 16-09) for a Conditional Use Permit (CUP) to operate an auto body
repair facility on the subject property. The CRT District does not allow auto body repair facilities so the
applicant is requesting the property be rezoned to C3 (Highway Commercial) where auto body repair
facilities are allowed with a CUP.
The AT district will not be affected by the zone change request.
Comprehensive Plan
The Gravel Mining Area Land Use, Transportation, and Utility Plan guides the property for Highway
Business uses where commercial uses are allowed and encouraged.
Applicable Regulation
In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directjand indirectly affected by
the proposal, the conservation ofproperty values, the use to which the property affected is being devoted at the time, and relevant
provisions, if any, in the land use plan.
The property is surrounded by Extreme Commercial Recreation, Commercial Reserve Transition, Medium
Industrial, and Mineral Excavation Overlay. Most of the surrounding property is zoned for some form of
commercial use.
In the review of the standards for a zone change as outlined, it appears that the request is consistent with
all of these standards.
AR
Planning Commission
After staff presented the application, no one spoke for or against the request, nor have any comments
been received. The Planning Commission had no concerns and unanimously recommended approval of
the request.
Since the meeting, the applicant indicated to staff that his father is living in the structure (house) that will
be utilized for office and storage. Rezoning the property would make the use legal non -conforming as
single-family residential is not allowed in the C-3 zoning district. If the council approves the zone change
with the existing residential use in the house, it would become a legal -nonconforming use but the tenant
could continue to live there.
Attachments
Location Map
Ordinance
N:APublic Bodies\Agenda Packets\04-18-2016\Final\x7.2o sr.docx
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Rick Hauort)land
Zone Change &Conditional Use Permit
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Case No. ZC 16-01 `-.."
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CU 16-09 iver
DATE RECEIVED
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Oliver Surveying & Engineering, Inc.
Land Surveying • Civil Engineering -Land Planning
MEMORANDUM
Date: March 10, 2016
Applicant: Ric Haugland
Address: 21475 Highway 169
Elk River, MN 55330
Description/Scope of Project
The project consists of obtaining a conditional use pen -nit and rezone the parcel to C-3 from CRT for
the purpose of being able to operate an automobile, truck, rv, marine repair service shop in an
accessory building.
The operation focus is on repairs to metal and fiberglass panels, painting and light/occasional
mechanical work. The project does not change existing drainage patterns.
The owner/applicant is proposing some improvernents to occur in the future. They are as follows:.
• Widen driveway entrance/culvert extension at Highway 169. This improvement will facilitate
turning movement for entering the site (shown on plan sheet).
• Concrete curb and gutter along the existing bituminous driveway (shown on plan sheet). This
improvement is a requirement as set forth in the City review. The applicant is requesting relief
from this requirement or implementing this improvement on an approved schedule. It is the
applicants desire to keep the area as residential in appearance as possible.
The hours of operation are:
• 8:00 — 5:00 PM Monday -Friday
• 9:00 — 3:00 PM Saturday
• And by appointments
Number of employees:
• Presently, owner Ric Haugland.
• Future, up to four additional as work load develops.
Number of parking stalls:
• Existing, up to seven shown on attached plan on existing pavement, all unstriped.
• Additional spaces available in the newly graded parking area for employee parking,
customer storage/pickup area. This area will be a class 5 aggregate surface with no
special stripping.
• A total of eight stalls are available in accordance with ordinance guidelines at one stall per
300 square feet of floor space. The accessory building is shown at 2,407 square feet.
The project site is screened with mature trees and vegetation. No additional landscaping is proposed.
The accessory building, where the shop operation occurs, is a recently built metal sided building.
580 Dodge Ave. Elk River, MN 55330 • 763.441.2072 • fac. 763.441.566.5 • www.Oliver-se. com
Page 2
March 10, 2016
Memorandum
No signage onsite. No additional signage is proposed.
The applicant is not proposing outdoor storage except for the proposed storage area/parking area. This
area is screened by existing buildings, mature trees and vegetation. No additional screening is
proposed.
File: 9056.10-03
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.Kiver
TO: Planning Department
From: Kristin Mroz, Environmental
Date: 3-11-16
Memorandum
Subject: Site Plan Review Meeting — March 7, 2016
The department listed above has reviewed the application(s) listed below and has the following
comments:
Case # ZC 16-01, CU 16-09 — Rick Haugland
1. Avoid cutting Oak Trees April 1 — July 1 to prevent the spread of Oak Wilt.
2. Avoid cutting Ash Trees May 1 -August 1 to prevent the spread of Emerald Ash Borer.
3. If trees must be removed during this time, they must be treated appropriately.
tuver
To: Planning Department
From: Justin Femrite, City Engineer
Date: March 15, 2016
Memorandum
Subject: Site Plan Review Meeting — March 7, 2016
The department listed above has reviewed the application(s) listed below and has the following
comments:
Case # ZC 16-01, CU 16-09 — Rick Haugland
1. A gravel access road has been added from south to north across the entire property within
the last two years. This includes the newly graded proposed vehicle storage area east of the
pole building. The resulting runoff from this new impervious surface (gravel is defined as
impervious per MPCA guidelines) must be treated. Applicant to submit calculations and
design of stormwater BMP's that meet this.
2. Cross access agreement should be put in place if applicant desires to continue sharing of
driveway with property to the north.
3. Plan details a Bio -roll but none are shown to be used on the site plan.
4. Was there building permits pulled for the building pole modifications and additions that
were completed between 2008 and 2014? (addition on south, addition on east, north garage
door increased in height, the previously open southeast corner now enclosed and finished)
DoOXANESO,q Minnesota Department of Transportation
a District 3
Q� 7694 Industrial Park Road
tir OF TO Baxter, MN 56425
March 15, 2016
Mr. Chris Leeseberg
City of Elk River Planning
13065 Orono Parkway
Elk River, MN 55330
RE: C.S. 7106; R.P. (U.S. 169)
Haugland Conditional Use Permit (CUP) Site Plan
Sherburne County, Minnesota
Dear Mr. Leeseberg:
Office Phone: 218-828-5700
Fax: 218-828-5814
The Minnesota Department of Transportation (MnDOT) has reviewed the above -referenced site plan
and would like to offer the following comments/recommendations:
1. The site plan shows the applicant adding ten feet of pipe in MnDOT right of way. MnDOT will
need to determine and inform the applicant on how much pipe is necessary prior to installation.
Additionally, the current apron might not meet the new requirement, which calls for a safety
apron. This may also be an opportunity to realign the driveway entrance to a 90 degree angle
with U.S. Highway 169 to improve a possible site restriction.
2. The curb and gutter will not be allowed to extend into State right of way.
3. MnDOT will review the hydraulics of the area to ensure the applicant is not bringing more water
into our drainage system, either in volume or defined directional capacity.
4. At this time, the in-place right -turn lane will not have to be extended. However, if traffic
volumes increase for the business or if traffic issues arise in the future, safety improvements
deemed necessary by MnDOT's District 3 Traffic Engineer will need to be constructed at no cost
to the State.
A permit is required to perform any work in the right of way. Contact mark Renn, District 3
Permits Supervisor, at 320/223-6522 for additional information.
If you have any further questions or comments, please call me at 218/828-5780.
Sincerely,
Jon Mason
Senior Planner
min
cc: MnDOT District 3 Entrance Group (electronic)
An Equal Opportunity Employer
iver
Ordinance 16 -
An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain
Property from Commercial Reserve Transition (CRT) to Highway Commercial
(C3)
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to
rezone the property described on attached Exhibit A to Highway Commercial (C3).
SECTION 2. That the rezoning approved by this Ordinance is based on the following findings:
1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as
part of the City of Elk River Comprehensive Plan.
SECTION 3. That this Ordnance shall take effect and be in full force with the following condition:
1. Conditional Use Permit CU 16-09 shall be approved and all conditions met.
SECTION 4. That this Ordinance shall take effect and be in full force from and after the date of
its publication.
Passed and adopted by the City Council of the City of Elk River this 18th day of April, 2016.
ATTEST:
Tina Allard, City Clerk
Last Updated March 2014
John J. Dietz, Mayor
Exhibit A
Last Updated March 2014