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MEMORANDUM
TO: Planning Commission
FROM: Kendra Lindahl, Zoning Assistant. U'
DATE: September 24, 1996
SUBJECT: Jim and Kirt Charest Request for Zone
Change, Land Use Plan Amendment and
Conditional Use Permit, Public Hearing
Case No. ZC 96-16, LU 96-04, and
CU 96-17
Request
Jim and Kirt Charest are requesting the following:
1. Zone change from light industrial (I-1) to medium industrial (I-2),
• 2. Comprehensive land use plan amendment from light industrial (LI) to
medium industrial (MI), and
3. Conditional use permit to operate a junkyard in the medium industrial
(I2) zoning district.
Location
PID #75-013-1307, 98xx Highway 10.
Attachments
• Zoning Map
• Land Use Map
• Grading Plan
• Approved 1995 Site Plan
Background
In May 1995, staff became aware of grading being done on this property
without a grading permit and issued a Stop Order to Mr. Charest. Staff
informed the property owner, David Hauan, that permits were required to
• grade and operate a business on this site.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
In May 1995, outdoor storage was a permitted use in the light industrial
• zone. Jim Charest requested site plan approval for a contracting business
with outdoor storage. No building was included as part of the site plan, and
staff approved the attached site plan (SP 95-04) in July 1995. Several
conditions were included in staff's site plan approval, including landscaping
requirements and the prohibition of a junkyard. I have attached a copy of the
approved site plan for your review.
Almost immediately after granting site plan approval, staff became involved
in attempting to get Mr. Charest to remove debris and junk vehicles from the
property in order to comply with his approved site plan. To date, Mr. Charest
has not complied with the approved site plan or the city ordinances which
prohibit the piling, storing or keeping of old machinery, junk or debris or
abandoned motor vehicles.
On July 24, 1995, the ordinance was amended to make outdoor storage a
conditional use, accessory to a principal structure, in the light industrial
zoning district.
In May 1996, the city received calls from surrounding property owners
informing staff that Mr. Charest may be expanding his operation and
exceeding the standards of outdoor storage. Staff initiated conversation with
• Mr. Charest regarding his property. Staff indicated that the use of the site
had expanded beyond the scope of the approved site plan and, therefore, Mr.
Charest had three options:
1. Comply with the approved site plan by removing junk and debris,
complying with the landscape plan and keeping the storage within the
small area approved in 1995.
2. Apply for a conditional use permit for a junkyard in I-l.
3. Apply for a conditional use permit for outdoor storage accessory to a
principal use in I-1.
Staff informed Mr. Charest that no grading or other construction could take
place on this site until this item was reviewed by the Mayor and City
Council. Staff also informed Mr. Charest that no new materials were to be
brought in until that time. However, Mr. Charest has continued to bring
additional materials onto the site.
Mr. Charest decided to apply for a conditional use permit to operate a
junkyard in the I-1 zoning district. However, the application was incomplete,
and staff informed Mr. Charest of what information was still required to
complete the application.
•
S:\PLANNING\KENDRA\CUOG-17.DOC
On August 19, 1996, the City Council approved an ordinance amendment
• removing junkyards as a conditional use in the I-1 zoning district. When Mr.
Charest submitted the missing information on August 23, 1996, staff
informed Mr. Charest that the ordinance had changed and junkyards were no
longer allowed in the light industrial zoning district. Staff informed Mr.
Charest that he could:
1. Comply with the approved 1995 site plan (SP 95-04).
2. Apply for a conditional use permit for outdoor storage accessory to a
principal use in the I-1 zone.
3. Apply for a zone change, land use plan amendment, and a conditional use
permit for a junkyard in the I-2 zoning district.
The property is currently zoned light industrial (I-1) with a light industrial
(LI) land use. Junkyards are not allowed in this zoning district. Although
Mr. Charest describes his operation as a contracting business, the existing
and continued use of this the site clearly falls within the definition of a
junkyard. Therefore, Mr. Charest has requested a zone change and land use
plan amendment from light industrial to medium industrial, and a
conditional use permit to operate a junkyard in the medium industrial (I-2)
zoning district.
ZONE CHANGE
• The property in question is currently zoned light industrial. The property is
bounded by single family residential on the west, medium industrial to the
north of the railroad tracks, and light industrial to the east and south. The
land on the Highway 10 access is zoned highway commercial, however, it is
being considered by the City Council to be rezoned to light industrial.
The railroad to the north provides a physical boundary between this property
and the medium industrial property to the north. Therefore, by rezoning this
property to medium industrial, the city would be crossing the railroad's
physical barrier to introduce a medium industrial zoning district. This may
be inappropriate with the surrounding land uses located between the railroad
and Highway 10.
When amending the Zoning Map, the Planning Commission shall give
consideration to existing conditions within the area directly and indirectly
affected by the proposal, the conservation of property values, the use to which
the property affected is being devoted at the time, and relevant provisions in
the land use plan.
•
S:\PLANNING\KENDRA\CUMG-17.DOC
LAND USE AMENDMENT
• The land use plan identifies this property as light industrial. The adjacent
property to the east and south are both light industrial, but the property
located at the Highway 10 access is currently highway commercial. The
property to the west is low density residential, and the property to the north,
across the railroad tracks, is a medium industrial land use.
It seems inappropriate to create an intense medium industrial land use
adjacent to residential, light industrial and highway commercial land. This
property has access off Highway 10 through a highway commercial land use.
The land to the east and west of this property are currently vacant, and
allowing this intensive use at this location may limit future residential
development to the west and light industrial development to the east. This
use may not be appropriate adjacent to a residential zone or a light industrial
zone.
Recommendation
Staff recommends denial of the zone change from light industrial (I-1) to
medium industrial (I-2) and the land use amendment from light industrial
(LI) to medium industrial (MI) based on the following findings:
• Findings
1. This proposed junkyard is a very intense use for this location, and may be
more appropriately located in another area where it is more compatible
with the surrounding land uses.
2. The proposed rezoning and land use plan amendment would impact the
character and integrity of the surrounding residential and light industrial
areas.
3. This proposed junkyard is inconsistent with Comprehensive Plan for East
Highway 10.
CONDITIONAL USE PERMIT
Junkyards are a conditional use in the medium industrial zone. If the
Planning Commission recommends approval of both the zone change and the
land use plan amendment, the applicant is requesting a conditional use
permit to operate a junkyard on this property.
•
S:\PLANNING\KENDRA\CU9G-17.DOC
If the Planning Commission recommends denial of the zone change and land
• use plan amendment, the conditional use permit request becomes invalid
and, therefore, should also be denied.
A junkyard is defined in the Elk River Zoning Ordinance Section 900.08 as:
Land or buildings where products resulting from the wrecking of
automobiles and motorized recreational vehicles or other
machinery is bought, sold, exchanged, stored, baled, cleaned,
packed, disassembled or handled. The outdoor storage of two or
more inoperative motor vehicles shall also be considered a
junkyard.
Mr. Charest's site falls within the definition of a junkyard. The site has been
a problem, and has not been in compliance with the City Ordinance, since
Mr. Charest began using the site. Mr. Charest has done grading without a
permit, the site plan has not been complied with, and Mr. Charest has not
cooperated with the requests in staffs letters and phone calls.
In staffs opinion, granting a conditional use permit for a junkyard in this
location is:
1. inconsistent with the Comprehensive Plan,
2. inconsistent with the Planning Commission and City Council efforts to
• protect the quality of development along the East Highway 10 corridor,
3. inconsistent with the surrounding land uses and new development in the
area,
In addition, a number of performance standards, outlined in the Ordinance,
have not been addressed in Mr. Charest's application. For example, Mr.
Charest's application does not provide for the required trees, the required
screening, curbing, building materials, etc.
Recommendation
Staff recommends denial of the conditional use permit to operate a junkyard
based on the following findings:
1. If the zone change and land use plan amendment are not approved, this
conditional use permit is a moot point. Junkyards are not allowed in the
light industrial zoning district.
2. A junkyard at this location will detrimentally affect the use and
enjoyment of other property in the immediate vicinity.
3. A junkyard in this location will be inconsistent with the Comprehensive
Plan.
4. A junkyard will impede the development of the surrounding vacant
• property. It is unlikely that a residential development would to locate
S:\PLANNING\KENDRA\CU9G17.DOC
next to a junk yard. It is unlikely that clean, quality industry would
locate next to a junkyard.
5. The site is not easily accessed by the narrow private drive, and emergency
vehicles may have some difficulty accessing the site. There are specific
health and safety issues associated with a junkyard that have not been
addressed in this application.
6. A junkyard will involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to surrounding
persons or property because of excessive traffic, noise, fumes, odors, dust
and vibrations.
7. While a junkyard will not destroy a natural, scenic or historic feature of
major importance, in may adversely affect the appearance of this area.
8. Up to this point, Mr. Charest has not complied with his approved site
plan, the Public Nuisance Ordinance or the Zoning Ordinance. Therefore,
staff has some concerns about whether the applicant would comply with
the stringent conditions required for a conditional use permit to operate a
junkyard.
•
•
S:\PLANNING\KENDRA\CU9G-17.DOC
John Oliver & Associates, Inc.
Civil Engineering
•
Land Surveying 580 Dodge Avenue, Elk River,MN 55330
Land Planning • (612)441-2072 • Fax:441-5665
August 22, 1996
Mr. James Charest
2819 119th Avenue
Coon Rapids, MN 55433
RE: Grading and Drainage Plan - Elk River, MN
Dear Mr. Charest:
We have completed your Grading and Drainage Plan, and have enclosed 10 prints of the
plan. Also enclosed is the wetland delineation performed by Dan Wing of Eco Systems
Engineering, Inc.
• The drainage of the site will have minor changes from existing. The soils located at the site
are Hubbard Sandy Loam, Hubbard Loamy Sand, and Isanti Loamy Fine Sand. These soils
are all in Hydrologic Group A (see attached soils map). The central low area collects runoff
from 12.79 acres at present. For the proposed conditions this low area will collect the
runoff from 12.87 acres (See the Enclosed drawings depicting the drainage areas). The low
area has the following stage storage relationship:
ELEVATION AREA INCREMENTAL VOLUME
ft acre VOLUME (acre-ft) acre-ft
867 0 0 0
868 0.06 0.03 0.03
870 0.99 1.05 1.08
871.3 1.77 1.79 2.87
This low area is not landlocked, it would release at an approximate elevation of 871.3 into
a wetland delineated on the grading plan to the north east.
The runoff volume will increase due to adding additional impervious areas, the existing
• Curve Number for the area flowing to the low area is 50, and the proposed Curve number
is 51 (See the enclosed worksheets used for calculating the Curve numbers).
Offices in Elk River Sr Burnsville
Page 2
• August 22, 1996
Mr. James Charest
Currently the low area does not overtop for a 100 year 24 hour rainfall event where P =
5.9", with a CN of 50 Q is 1.09" of runoff, the volume of runoff then is 1.16 acre-ft. For
the proposed conditions the low area also does not overtop for the 100 year 24 hour rainfall
event where P = 5.9", with a CN of 51 Q is 1.16" of runoff, the volume of runoff is 1.24
acre-ft. The elevation the proposed conditions runoff will produce in the low area is
approximately 870.18 ft.
If you have any questions or comments please call.
Sincerely,
JOHN OLIVER & ASSOCIATES, INC.
Todd W. McLouth, P.E.
TWM/jtr
•
• Enclosure
File: 7301.2
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City of
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River
July 31, 1995
Jim Charest
15215 St. Francis Blvd.
Ramsey, MN 55303
Dear Mr. Charest:
Recently the City of Elk River received an application for a site plan review
for a screened outdoor storage area in the southeast corner of the City. A
general legal description of the property is: part of the Southeast Quarter of
Section 13, Township 32, Range 26, Sherburne County, Minnesota. Screened
outdoor storage areas are a permitted use in the I-1 (Light Industrial) zoning
• district. In conjunction with the site plan review, you were also required to
receive approval for a private road agreement by the City of Elk River to
legally access the site. The City Council approved the private road agreement
on July 17, 1995.
In review of your site plan application, a large berm is located on the
southeast corner of the property to screen your construction equipment. As
part of the application you will be required to plant 59 trees on the berm area
to add a greater visual barrier to the property from Highway 10. On the plan
you indicate that you will plant four foot pines and cedar trees along the
berm in the general location as indicated on the attached plan. Please be
informed that pine and cedar trees must be a minimum of six feet in height
at the time of planting to meet Elk River City Code requirements. The City
of Elk River also requires that the trees be planted within one year of
approval of this application; therefore, an inspection will be conducted in
August, 1996, to determine compliance with the approved site plan.
Lastly, the City of Elk River is concerned that this property be kept neat and
clean and free of excess junk and junk vehicles. Junkyards are a conditional
use in the light industrial zoning district; therefore, if this property meets the
definition of a junkyard, the site will either have to be modified to comply
• with the definition of outdoor storage, or you will be required to receive a
13065 Orono Parkway • P.O. Box 490 • Elk River. MN 55330 • (612) 441-7420 • Fax: (612 441-7425
conditional use permit for a junkyard. The definition of a junkyard is as
• follows:
Junkyard. - Land or buildings where products resulting from the
wrecking of automobiles and motorized recreational vehicles or other
machinery is bought, sold, exchanged, stored, baled, cleaned, packed,
disassembled, or handled. The outdoor storage of two or more
inoperative motor vehicles shall also be considered a junkyard.
If you have any questions concerning the site plan review, please call me at
441-4914.
Sincerely,
Gary Schmitz
Planning Assistant
•
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CA,9; ZC 96-17, LU 96-4, CU 96.17