6.1. & 6.2. SR 08-16-1999
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Ell{ River TO:
FROM:
ITEM #6.1. & 6.2.
MEMORANDUM
Mayor and City Council
Michele MCPherson~ctor of Planning
DATE:
July 29, 1999
SUBJECT:
Case Number: ZC 99-6, A Request by Novco
to Rezone Property from 11 to PUD; and
Case Number: CU 99-27, A Request by
Novco for a Conditional Use Permit to Allow
a TruckinglWarehouse Facility; Public
Hearing
.. Reauest
Harold and Garnet Novotny of Novco, request consideration of two applications:
1. Rezoning of a 150' x 350' (1.2 acres) parcel from 11 (Light Industrial) to PUD
(Planned Unit Development).
. 2. Conditional Use Permit for site plan improvements to occupy a 7,500 square foot
building.
If approved, the requests will allow establishment of a second Novco Trucking facility.
Location
11090 173rd Avenue; part of Section 11, Township 32, Range 26.
Zoning/Land Use
11 (Light Industrial)/L1 Light Industrial
Attachments
.
. Location/Zoning Map
. Letter from Applicant
. Existing Site Conditions
. Building Floor Plan
. Irrigation Plan
. Curb Plan
. Lighting Plan
. Proposed Signage
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the City CouncillZC 99-6 & CUP 99-27
August 16, 1999
Page 2
.
. Ordinance Number 99-
Overview
The applicants' current business location is 17230 Ulysses Street NW. They own and
operate a warehouse and trucking facility. As stated in their letter, they are a growing
business and need additional land to expand.
History
The Johnson Packaging Company building, located at 11090 173rd Avenue is currently
vacant. Its previous use as a packaging company provides office and warehouse
space ideally suited for the Novco operation. The applicants are proposing to do very
little to the building or site prior to occupation.
The structure is 7,500 square feet and is a wood frame building with a metal skin. Of
the 7,500 square feet, 4,500 is warehouse and the remaining is devoted to office/open
floor area.
Analvsis
.
Zone Change
When considering the rezoning from Light Industrial to Planned Unit Development, the
City must determine if the request is consistent with the Comprehensive Plan, the
ordinance, and that it would create no undesireable impacts on adjacent uses or
zoning.
The Comprehensive Plan identifies this general area as Light Industrial. In recent years
(1997 and 1998), the City has approved similar requests for Morrell Trucking and
LeFebvre Leasing within two blocks of the subject property. Trucking/warehousing can
be considered an industrial use and therefore, would be consistent with the
Comprehensive Plan.
It should be noted, however, that the City removed trucking terminals as permitted and
conditional uses from the 11, Light Industrial district prior to the above noted approvals.
Warehousing, however, is still permitted, and would be consistent with the ordinance.
Semi-tractors are proposed to be stored on site when not being utilized for transport
and deliveries.
Adjacent land uses include a hotel and car dealership to the west, industrial to the
south and east, and vacant land to the north. A large vacant area separates the hotel
from the subject parcel. The rezoning would not have adverse impacts on adjacent
. uses.
Memo to the City Council/ZC 99-6 & CUP 99-27
August 16, 1999
Page 3
.
Approving the rezoning would be consistent with the City's economic development
strategy to promote business retention within the community.
Conditional Use Permit
The applicants propose to occupy the building located on site with very few
improvements. Staff has reviewed the submitted information and has determined the
following:
Setbacks/Lot Coverage
The property meets the one acre minimum area required for an industrial development
parcel (1.2 acres).
The existing building meets or exceeds the setback requirements for the Light Industrial
district:
Front:
Sides:
Rear:
Required
30'
25'
20'
Provided
76'
30',70'
100'
. The lot coverage (building) is 14%. Total impervious surface is 48%.
Access/Parking/T raffle
Parking required is based on the types and areas of uses within the building. The
building as is requires the following numbers of parking stalls:
Office: 4
Warehouse: 4
Total: 8
There are 22 spaces on site.
Access to the site is via 173rd Avenue. One driveway provides entry into the site. The
driveway and exsting hardsurface areas are paved to the end of the building, but there
is no curb and gutter. The parking area is set back only three feet from the west
property line. The applicants are proposing to provide curb and gutter along the
existing paved areas, except along the south edge. They propose to comply with the
ten foot setback as required by the ordinance.
.
The remaining area south of the building is currently unkempt weeds and tall grass.
There appears to be some Class V in this area, however it is difficult to determine. The
applicants are proposing to use this areas for additional tractor parking and have
Memo to the City Council/ZC 99-6 & CUP 99-27
August 16, 1999
Page 4
.
indicated that additional Class V would be placed in this area. The applicants are
proposing to maintain the ten foot setback around this parking area without curbing.
Curbing of some type should be provided in this area because the setback will not be
maintained as can be observed at Morrell Trucking and at the existing Novco facility
where there are similar situations.
Grading/Drainage
The applicants are not proposing any additions to the impervious surface at this time. A
large regional stormwater pond that services several lots is located south of and
adjacent to the subject property. The subject property drains to the south and into this
pond.
If the applicants propose to utilize the parking area south of the building to its fullest
extent as indicated on the drawing titled "existing site", grading will need to occur.
Currently, the grade in this area is uneven and three to four feet higher on the east side
than the west side of the site. It is very likely that in order to provide flat parking areas
for tractors or trailers, retaining walls will need to be installed near the building and
along the east property line to maintain the slope. A grading plan will need to be
submitted and approved by the City Engineer prior to any grading occurring on site.
The plan should include any retaining walls necessary to maintain the slope.
. Landscaping
The applicants have submitted a landscape plan for review by staff. The plan indicates
the existing trees (9) and proposes 16 new trees. With the additional trees, the
proposed plan meets the requirements of the ordinance. The new trees will need to
meet the size standard in the ordinance. Many of the new trees are proposed to be
located within the ten foot parking setback along the west and south property lines.
Requiring curbing and/or curb stops will protect the new trees from overhanging trailers.
Also proposed are additional foundation plantings along the north and west sides of the
building.
The applicants are proposing to irrigate the green areas, including the parking setback
areas.
Miscellaneous Items
No trash enclosure is proposed; trash will be taken to the site of the current operation at
17230 Ulysses Street. A small trash container can be stored within the building.
New lights are proposed for the rear corners of the building and the southerly corners of
the expanded parking area.
.
Memo to the City CounciUZC 99-6 & CUP 99-27
August 16,1999
Page 5
.
The applicants propose to utilize the existing sign on site, with a minor text change from
"Johnson Pkg" to "Novco".
The subject property is not currently connected to municipal sewer and water. The
applicants will be required to connect once utilities are made available to the site. It is
expected that utilities will be available in the fall of 1999. Connection should be
completed by the fall of 2001.
The property is currently unplatted. The ordinance requires platting prior to issuance of
a building permit. Presently, the applicants are proposing no changes to the building.
If, in the future, additions or alterations are proposed, the applicants will be required to
plat the property.
Planning Commission Action
The Planning Commission voted unanimously recommend approval of the request, ZC
99-6, to rezone property from 11, Light Industrial, to PUD, Planned Unit Development
with the following findings:
1. THAT THE REZONING IS CONSISTENT WITH THE CITY'S COMPREHENSIVE
PLAN AND ZONING ORDINANCE.
.
2. THAT THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT
USES.
3. THAT THE REZONING IS CONSISTENT WITH THE CITY'S ECONOMIC
DEVELOPMENT STRATEGY TO PROMOTE BUSINESS RETENTION WITHIN
THE COMMUNITY.
The Planning Commission also voted to recommend approval of the request, CU 99-27,
to allow site improvements to occupy and existing 7,500 square foot building with the
following conditions:
1. CURB AND GUTTER SHALL BE INSTALLED AS INDICATED ON THE PLAN
TITLED "CURBS" AND DATED 6/30/99.
2. CITY APPROVED CURB STOPS SHALL BE INSTALLED AROUND THE AREA
NOTED "CLASS 5" AS INDICATED ON THE PLAN TITLED "EXISTING SITE"
AND DATED 6/30/99.
3. IF GRADING OCCURS SOUTH OF THE BUILDING, A GRADING PLAN SHALL
BE SUBMITTED FOR APPROVAL BY THE CITY ENGINEER PRIOR TO
COMMENCMENT OF GRADING ACTIVITIES. THE GRADING PLAN SHALL
. INDICATE THE USE OF RETAINING WALLS WHERE NECESSARY.
Memo to the City CouncillZC 99-6 & CUP 99-27
August 16,1999
Page 6
.
4. UNDERGROUND IRRIGATION SHALL BE INSTALLED AS INDICATED ON THE
PLAN TITLED "IRRIGATION" AND DATED 6/30/99.
5. LIGHTING SHALL BE INSTALLED AS INDICATED ON THE PLAN TITLED
"LIGHTS" AND DATED 6/30/99.
6. A SIGN PERMIT SHALL BE OBTAINED PRIOR TO CHANGING THE SIZE,
MATERIAL, OR LOCATION OF THE SIGN.
7. THE APPLICANTS SHALL CONNECT TO MUNICIPAL UTILITIES BY THE FALL
OF 2001.
8. THE LANDSCAPING SHALL BE INSTALLED AS PROPOSED ON THE PLAN
FROM STEVE'S ELK RIVER NURSERY AND DATED 7/799. TREES SHALL BE
INSTALLED AT THE SIZES INDICATED IN THE ORDINANCE.
9. THAT THE PROPERTY BE PLATTED IF, IN THE FUTURE, ADDITIONS OR
ALTERATIONS ARE PROPOSED TO THE BUILDING.
1 O. NO OUTDOOR STORAGE OF TRASH SHALL BE PERMITTED WITHOUT A
PROPER TRASH ENCLOSURE, BUILT TO COMPLY WITH CITY STANDARDS.
. City Council Recommendation
Staff recommends that the City Council concur with the Planning Commission action
and approve requests ZC 99-6 and CUP 99-27 with the above findings of fact and
conditions.
.
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ZC 99-06
CASE: CD 99-27
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City of Yi
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13065 'Orono Parkway. P.O. Box 490
Elk River, MN 55330
ovco Incorporated
17230 Ulysses Street NW
Elk River, MN 55330
(612)441-0047 Fax (612)441-4550
Watts: 800-894-7981
Stephen 1. Wensman
The City of Elk River
13065 Orono Parkway
Elk River, MN 55330
July 7, 1999
Dear Mr. .Wensman:
This is in response to your letter dated June 25, 1999. Following are answers in the same order as
the questions asked in your letter:
Site Plan of Existing Conditions:
1. Included in packet.
2. Included in packet.
.
SitelLandscape Plan of Proposed:
1. A new site plan is being submitted with this letter.
2. A landscape plan is being submitted with this letter.
3. The tree planting details and mulching details are on the enclosed landscape plan.
4. An Irrigation plan is in packet.
5. Trash will not be stored on this site. It will be taken to our garage at 17230 Ulysses St.,
Elk River.
6. Refer to site plan with marked curbing.
7. Building percentage consists of approximately 15% of the lot. Hard surface consists of
approximately 48%.
8. A site plan is included with the packet.
9. Lighting will be done as indicated on the site plan.
Building Elevations and Floor Plan:
1. We have no plans of changing the building or its use. It will remain and be utilized as an
office and warehouse.
Signs:
Johnson Packaging currently has a sign posted in the yard, our intention is to replace Johnson
Packaging with Novco Incorporated. Picture is enclosed.
.
.
.
.
Grading and Utility Plan:
1. We will hook up to the city sewer and water in the time indicated. If you need further
explanation to this question, please be more specific in what you are asking of us.
2. As discussed in our previous conversation, the back of the lot will remain as is with the
exception of improving the lower lot by laying class 5 gravel on existing storage area.
This will then be used to store trucks when not in use and/or for unloading at the warehouse.
Letter of Explanation:
The building and location suit our needs as a growing company. In our current location, there is not
the room necessary to expand the lot to provide for truck storage or building of an office. Let me
assure you and the council members neither the building nor its use will be altered, other than the use
of the lower lot for truck storage. All upkeep and minor maintenance of the trucking equipment will
continue to be done at the Ulysses location. Although this building is zoned highway commercial,
we feel with the upcoming changes to 173rd Street and considering the property is approximately a
quarter mile off Highway 10, this makes it a more undesirable property for its commercial use due
to poor accessibility once the road construction project is complete. Also, the property is in the same
development area as our existing property and lie within one hundred feet of each other. In attempt
to keep the company running and operating in the City of Elk River, this property is essential to the
growth ofthe company.
In conclusion, we understand the property is zoned highway commercial laying next to our Ulysses
property which has been approved for our occupancy. The Planning and Zoning Commission needs
to be more receptive to the wants and needs of the business community as they are the ones
supporting and providing job opportunities for the residential growth of the Elk River area. They also
provide the tax base which pays for the city of Elk River's growth, not the residential explosion the
commission is allowing and encouraging to take place.
If you have any questions or need further clarification, please contact me in a timely manner at
441-0047.
Thank you,
~fl~
Harold Novotny
Novco Inc. Site Plan
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ORDINANCE 99 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM It (LIGHT INDUSTRIAL)
TO PUD (PLANNED UNIT DEVELOPMENT)
CASE NO. ZC 99-6
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone the property described as:
See Attached Exhibit A
Section 2.
The rezoning is being approved based on the following findings:
1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE lAND USE PLAN
DESIGNATION OF 11, (LIGHT INDUSTRIAL) AND THE CITY'S ZONING
ORDINANCE.
.
2. THAT THE REZONING Will NOT CREATE ADVERSE IMPACTS TO ADJACENT USES.
3. THAT THE REZONING IS CONSISTENT WITH THE CITY'S ECONOMIC
DEVELOPMENT STRATEGY TO PROMOTE BUSINESS DEVELOPMENT WITHIN THE
COMMUNITY.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 16th day of August, 1999 by the City Council of the City of
Elk River.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
.
s:\document\ordinanc\zc99-6.doc
.
EXHIBIT A
The West 150 feet of North 350 feet ofthe Northeast Quarter of the Northwest
Quarter of Section 11, Township 33, Range 26, Sherburne County, Minnesota.
.
.
f: \shrdoc \document \ordinanc \zc99-6.doc