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6.1 ITEM NO. 6.1. ity of lkIRiver MEMORANDUM TO: Planning Commission FROM: Kendra Lindahl, Zoning Assistant DATE: December 19, 1995 SUBJECT: Amendment to Conditional Use Permits, Larry Rohlf, Public Hearing, Case No. CU 95-28 Request Mr. Rohlf is requesting that the speed limit and directional sign requirements be removed from his mini-storage conditional use permits (CU 89-10 and CU 90- 07). • Location 11885 and 11869 - 192 1/2 Street NW, Lots 2 and 3, Block 1, Ridgewood East 2nd Addition Zoning/Land Use R3 (Townhouse/Multiple Family Residential)/MR (Medium Density Residential) Attachments • Zoning Map • Approved Drainage/landscaping plans for CU 89-10 and CU 90-07 • CUP non-compliance letter dated September 1, 1995 • CUP non-compliance letter dated July 1, 1992 • Conditions for CU 89-10 and CU 90-07 • Section 900.30(4)(B)(iii) of the City Ordinance Background • Mr. Rohlf received two conditional use permits for his mini-storage located on Lots 2 and 3, Block 1, Ridgewood East 2nd Addition. The CUPs were issued in 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • 1990 and 1989 respectively. The permits had a number of conditions attached to them. In 1992, Janelle Szklarski inspected the site in accordance with the two year review of conditional use permits and found four conditions that were not met. I have attached a copy of her letter dated July 1, 1992. In late August 1995, a complaint was received that the property still had not met its CUP conditions. Staff inspected the property and found that there were still three conditions not met: 1. The 5 mph speed limit signs were not posted on either lot 2. The "exit only" and "enter only" signs were not installed on either lot 3. The planting of nine (9) trees on Lot 2 and ten (10) trees on Lot 3, according to the drainage plans, was not yet completed I sent Mr. Rohlf a letter asking him to comply with the remaining three conditions prior to October 1, 1995. I reinspected after that date and found that the three conditions were still not met. I called Mr. Rohlf and agreed to meet him at the site to look at the trees and discuss his CUP conditions. Mr. Rohlf feels that he has met the tree requirements, but that the signage requirements are unfair and should be removed from his CUP conditions. Mr. Rohlf addressed the Council during the open mike section of its October 16, ill 1995 meeting, requesting that Council amend his CUP so that he will not be required to place the signs on his property or add any more trees. Attorney Peter Beck indicated that a CUP amendment would be needed to amend the conditional use permits. Since the October 16th Council meeting, Mr. Rohlf and I inspected his site together. He pointed out 10 trees he planted on Lot 3 and 11 trees that he planted on Lot 2. His CUP required that he plant 19 trees on the lots. The City Ordinance requires that the site have a total of 25 trees. With credit for existing trees plus the 21 he planted Mr. Rohlf has an adequate number of trees on the lots. However, it should be noted that the City Ordinance and Mr. Rohlfs CUP both mention that specific kinds of trees be planted--Mr. Rohlf did not follow those requirements. The Ordinance also specifies the minimum size of trees, and several of Mr. Rohlfs trees do not meet those minimum requirements. I have attached a copy of the landscaping requirements from Section 900.30(4)(B)(iii) of the City Ordinance. The ordinance also states that it is the responsibility of the property owner to replace any dead trees. If any of Mr. Rohlfs trees do die, he must replace the • trees with trees that meet the City standards. Also, not more than 50% of the trees may be of one species. Since most of the trees on the site are now willows, S:\PLANNING\KENDRA\CU95-28.D O C 0 if any trees die they shall be replaced with a different tree species in order to comply with the Elk River Ordinance requirements. Mr. Rohlf is requesting that the requirements for the "exit only", "enter only" and speed limit signs be removed from the conditions of his two CUP permits (CU 90-07 and CU 89-10). Analysis Inspection of two other mini-storage facilities in Elk River and their CUPs (issued in 1992 and 1993), shows that they were not required to place speed limit and "exit only" and "enter only" signs on their property. However, both of these sites were required to plant additional evergreens because of their screening ability. Only one of the facilities appears to be in compliance with their CUP. The other mini-storage, although well maintained, has not planted the trees required by the CUP. I spoke with the property owners at that mini- storage as part of their two year review. The owners indicated that they will plant the evergreens on their site prior to June 1, 1996. I have inspected Mr. Rohlfs site numerous times between August and December and I have never seen more that one vehicle on the site at a time. I do not believe that removing the sign requirements will have a detrimental effect on • the site. Recommendation 1. Staff recommends amending CU 90-07 and CU 89-10 to eliminate the 5 mph speed limit signs and the "enter only" and "exit only" signs requirements at Pete's Mini-Storage. • S:\PLANNING\KENDRA\CU95-28.DOC I ' o• — •.� 1 ,-i 1 EXHIBIT B 1039-10 n obi* • - 13o.ho--- ! e • -- IAwig c>liTA �"�r�'""�_ '•- `� pE4�R►PTloa: Lott' iii 3 i 'LOCY ONE,R,a Ewnoo EAet 2"O D �DAIINGI = R-3 fr foSEo 32 Nil-5-rDaAUe $k°y. iiiitilii S . 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Cre 4• N ♦ --1 ay �,' i i — .. o d y •y }- CI• u d S F �" na,� v j ' . v . ^ F 111. .. f bIIII .� .... J4.� • 1.. i NI 9. r f‘.1 y - C V O . e •VCCft be 'f ori .n 1 I r. a ., Illa 4111 a. 1 - I 1 ... .___,. 0 . .. . . CL ... 1 I L+ , I l .I a N in IIfi ,4 j . • • ..•• 5. 1 I H .• ....• CLI I .••t., e4 I- 0 rf V i . 4 .......17f 1 1. .. 11 I 1 III 4 . . .:• ,.....t-4. ,........, ...0„ „,, v__ . . Crcr)..._k_ J . .. . . .�- • N c � •yof E1k Ri ver September 1, 1995 Larry Rohlf 12891 Meadowvale Road Elk River, MN 55330 RE: CUP COMPLIANCE Dear Mr. Rohlf: I am writing this letter in regard to the Conditional Use Permits (CUP) for Lots 2 and 3, Block 1, Ridgewood East 2nd Addition. The CUPs were issued in 1989 and 1990. I am enclosing copies of the stipulations which were part of the conditional use permit approval for each of these facilities. • When I inspected the property this morning, I found the following conditions were not yet met: 1. The 5 mph speed limit sips were not yet posted on either lot 2. The "exit only" and "enter only" signs which were to direct traffic, were not yet installed 3. The planting of nine (9) trees on Lot 2 and the ten (10) trees on Lot 3 was not yet completed. The aforementioned conditions were brought to your attention in 1992, but they were never carried out. These conditions should be met prior to October 1, 1995. If you have any questions, please feel free to contact me at 441-4900. Your cooperation is greatly appreciated. Sincerely, Kendra Lindahi Zoning Assistant CG:. #95-54 411) erHosures 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Cay or •Elk River July 1 , 1992 Larry Rohlf 12891 Meadowvale Road Elk River, MN 55330 Dear Mr. Rohlf : I 'm writing this letter in regards to the two year review of your conditional use permits for the mini storages constructed on Lots 2 and 3 , Block 1, Ridgewood East 2nd Addition. The conditional use permits were issued in 1990 and 1989 respectively. I am enclosing copies of the stipulations which were part of the conditional use permit approval for each of these facilities . On Monday, June 29 , 1992 , I inspected the property located on 191-1/2 Street and found that the following stipulations were not yet met : • 1 . The 5 mph speed limits signs were not yet posted on either lot. 2 . Some of the disturbed areas on the east and west sides of the property were not yet seeded with grass . In addition, two more trees are needed on Lot 3 -and five trees are still needed on Lot 2 as per the landscaping requirements . 3 . The "exit only" and "enter only" signs which were to direct traffic were not yet installed. 4 . A cross easement should be recorded between the two lots for driveway purposes . A copy of this recorded easement should be given to the City. The aforementioned stipulations should be completed s soon as possible . Please feel free to call me at 441-7420 if you have any questions regarding these stipulations . Your cooperation is appreciated. Sincerely, (-)aiLLLIL • Janelle Szklars Zoning Assistant enclosure 720 Dodge Avenue N.W., Elk Rive:, Minnesota 55330 (612) 441-7420 CU 89-10 COUNCIL ACTION TO : LARRY ROHLF y of IP. EIk River FROM: STEVEN C. BJORK, ZONING ASSISTANT ZD DATE : JULY 20 , 1989 SUBJ. COUNCIL ACTION REGARDING CONDITIONAL USE PERMIT REQUEST On June 19 , 1989 , the Elk River City Council heard your request for a Conditional Use Permit to construct a mini storage facility in the R-3 zone . The property in question is legally described as Lot 3 , Block 1 , Ridgewood East 2nd Addition. The City Council approved your request for the Conditional Use Permit with the following conditions : 1 . Lighting shall be installed on the storage building with no glare spillover to adjoining properties . 2 . Reduced security lighting after hours of operation shall also allow no glare spillover to adjoining properties . 3 . Building material shall be subdued colors , compatible with the environment, and architecturally harmonious with the neighboorhood. • 4 . The design and finish of the building shall be residential in nature and compatible with the neighborhood . 5 . The building shall have a shingled roof. 6 . Applicant shall provide drainage retention easement on Lot 2 , approved by the City Engineer . 7 . Speed limit to 5 mph shall be posted on Lot 3 . 8 . The driveway of Lot 3 shall be one way only. 9 . Driveway and parking stalls shall be hardsurfaced with asphalt or concrete . • 10 . Areas nct paved or built upon shall be seeded in grass . 11 . Ten trees shall be planted on Lot 3 , types and locations as per description on drainage plan. 12 . Building and grounds shall be kept well maintained, clean, and free of debris . 13 . Signage shall not exceed maximum of four square feet . •14 . The projects aoproval is contingent upon review and acceptance of the draThage plan by the City Enginner . If you should have any questions regarding this action, please contact m at 441-7420 . - '1n T,--7 .., .-„ - -• EXHIBIT A CU 90-07 LARRY ROHLF CONDITIONS 1 . Lighting shall be installed on each of the storage buildings with no glare spillover to adjoining properties . 2 . Reduced security lighting after hours of operation shall also allow no glare spillover to adjoining properties . 3 . Building materials shall be subdued colors compatible with the environment and architecturally harmonious with the neighborhood and the existing structure . 4 . The design and finish of the building shall be residential in nature and compatible with the neighborhood. 5 . The building shall have a shingled roof . 6 . A speed limit of five ( 5 ) mph shall be posted on Lot 2 . 7 . The driveway on Lot 2 shall accommodate one-way traffic only and a cross easement with Lot 3 shall be recorded for the joint use of the driveway on Lot 3 . A copy of this recorded easement shall be given to the City. 8 . Driveway and parking stalls shall be hard surfaced with asphalt or concrete . 9 . Areas not paved or built upon shall be seeded in grass . 10 . Nine trees shall be planted on Lot 2, types and locations as per description on site plan . 11 . Building and grounds shall be kept well maintained, clean and free of debris . 12 . Signage shall not exceed a maximum of eight square feet . 13 . The holding pond on Lot 2 should be slightly enlarged as per the specifications of the City Engineer . 14 . A two year review of the conditional use permit is required. 15 . That "Exit Only" and "Enter Only" signs be placed at the curb cuts . 16 . The applicant shall provide an easement across Lot 3 to connect the holding ponds on Lot 2 and Lot 4 . A copy of the easement shall be given to the City. 17 . A 65 foot easement on the north end of Lot 2 shall be recorded for drainage- purposes . A copy of the recorded Easement shall be given to the City. iii. Minimum Requirements . All open areas of a lot • which are not used and improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, ornamental trees, coniferous trees, shrubs, flowers, and turf or ground cover materials . The number of trees on the lot, tract, or parcel, shall not be less than the perimeter of the described area as measured in feet divided by forty (40) . a. Overstory Trees. Fifty percent (50%) of the required trees shall be overstory trees . b. Ornamental Trees . Twenty-five percent (25%) of the required trees shall be ornamental trees . c. Coniferous Trees . Twenty-five percent (25%) of the required trees shall be coniferous trees . d. In order to accomplish an adequate buffer additional landscaping over and above the required amount may be requested by the City. e . Minimum Size and Root Condition of Required Trees . • 1 . ) overstory trees : two (2) inches in diameter as measured six (6) inches above the ground and trees must be balled and burlapped. 2 . ) ornamental trees : one and one-half (1 1/2) inches in diameter as measured six (6) inches above the ground and trees must be balled and burlapped. 3 . ) coniferous trees : six (6) feet in height and trees must be balled and burlapped. f . Species . 1 . ) all required trees shall be comprised of species which are classified as overstory, ornamental, and coniferous trees by the American Nurseryman' s Association. 2 . ) not more than 50 percent (50%) of the 411 required number of overstory or ornamental trees shall be comprised of one species . 9.116 • 3 . ) all plant materials shall be indigenous to the hardiness zone of the area in which the City is located. The use of drought tolerant plant materials are encouraged to meet landscaping requirements . g. Credit for Oversizing Required Trees . The total number of required overstory trees may be reduced by one tree for each new deciduous tree measuring four and one-half (4-1/2) inches or more in diameter, or each new coniferous tree measuring ten (10) feet or more in height, which is planted on the lot or tract . In no event, however, shall this credit result in a reduction in the total number of required trees by more than twenty-five percent (25%) . h. Credit for Existing Trees . The total number of required new trees may be offset by the retention of existing trees on the lot provided that such trees satisfy the requirements of this section as to size and species . A sliding scale • shall be used to determine the amount of credit for existing trees . Existing trees between four (4) inches in diameter and less than eight (8) inches in diameter will receive credit for one (1) tree . Existing trees eight (8) inches in diameter or greater will receive credit for two (2) trees . Credit can not exceed fifty percent (50%) of the total requirement. i . Maintenance. The property owner of the lot upon which required landscaping or screening is located shall maintain all materials in a sightly and healthy growing condition. j . Placement of Plant Materials . 1 . ) All required landscaping shall be located on the lot occupied by the use, building, facility, or structures . No landscaping shall be located within any public right-of-way unless approved by the City. • 2 . ) Plant materials shall be located to provide reasonable access to all utilities . 9.117 • 3 . ) At all intersections, Sight Visibility triangles shall be kept clear of landscape materials that would obstruct the sight lines of motorists at intersecting streets . 5 . Enforcement. A. Installation. All landscape improvements required by this subsection shall be installed by the owner no later than one year after the issuance of a building permit for the subject property. Replacement of any dead trees, shrubs, ground covers and sodding shall be responsibility of the property owner. B. Inspection. Twelve (12) months after the date of issuance of a building permit, the City may conduct a field inspection of the subject site to assure compliance with the requirements of this ordinance and implementation of the approved landscape plan. C. Exceptions and Adiustments . Where a strict application of this subsection is not possible due to unique topographic • landform, irregular lot shape or historic features worthy of preservation, the applicant may present an alternative landscape and screening plan to the City for alternate approval . D. Performance Guarantee. If required landscape improvements have not been completed at the time a certificate is requested for occupancy of a property, a financial guarantee to ensure completion of the improvements shall be supplied prior to issuance of the certificate of occupancy. The financial guarantee shall be in an amount equal to approximately 50% of the value of the uncompleted landscape improvements, and shall be released upon completion of the required landscape improvements . Developers who have posted a previous financial guarantee in connection with the installation of public improvements shall not be required to post a separate guarantee, but the financial guarantee shall remain in place in an amount equal to approximately 50% of the value of uncompleted landscape improvements until all required landscape improvements are completed. 6 . Interior Parking Area • A. All off-street parking areas shall include unpaved, landscaped islands that are reasonably distributed throughout 9.118 MIM V� I �1 �IYrv? i JAM�1'H • A, a