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River MEMORANDUM Item# 5.11.
TO: The Planning Commission
FROM: Stephen Wensman, Planner,//it
DATE: June 27, 2000
SUBJECT: Conditional Use Permit Request by We Dig It,
Public Hearing Case No. CU 00-21
Request
We Dig It, Billy Lundberg and James Peerson, request a conditional use
III permit for outdoor storage as part of an excavating business in the I1, Light
Industrial zoning district.
Location
General Description: west of Cleveland Street and south of Highway 10
(15536 Cleveland Street), (PID no. 75024-1205 and 75-024-1213)
Zoning/Landuse
I1 (Light Industrial) / LI (Light Industrial)
Attachments
• Location Map
• Site Plans
• Screening Plan
• Fire Chiefs letter, dated June 19, 2000
Overview
• In 1999, We Dig It began operations at the 15536 Cleveland Street in the I1
zoning district. We Dig It is an excavation business with outdoor storage of
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425
Memo to the Planning Commission/CU 00-21
June 27,2000
Page 2
large earth moving equipment, trucks, excess soil, equipment, etc. Outdoor
• storage is a conditional use in the I1 zoning district. To continue its
operations, We Dig It is requesting approval of a conditional use permit.
The property is in the far southeast part of the city, outside the urban service
district. The property is adjacent to undeveloped land in the Rla zoning
district, adjacent Furniture and Things Warehouse, and across Cleveland
Street from the Tailwind Trailers site. Cleveland Street is presently a gravel
road with an uncontrolled intersection at Highway 10.
On the property is an existing metal skinned building and a gravel and paved
parking/yard area. The parking is on two levels, one contiguous to the
Furniture and Things parking and the second is down a slope at an elevation
below the Cleveland St. grade. A sloped drive connects the two levels. City
staff has prepared a video of the property for the Planning Commission and
City Council.
Analysis
Building
The existing building is an 18,600 SF metal skinned building setback from
• Cleveland Street. The building is presently used as the We Dig It offices and
as indoor storage of trucks and tools. The 600 SF south end of the building is
rented to a sheet metal business. The building is a legal non-conforming as it
does not meet current building code or setbacks from property lines. The
building is roughly 7 feet from the side and rear property lines. Due to
building code issues, repair of equipment in the building should be
prohibited.
Access
The property is accessed from Cleveland Street in two locations. The first
driveway is shared with Furniture and Things on their common property line
with an access easement. The second access is further west on Cleveland
Street and consists of a narrow gravel drive. The drive appears to be less
than 24 feet wide and should be widened to conform to City Ordinance.
Parking/Yard Area
The parking and yard area is mud, gravel concrete and bituminous. Because
Cleveland Street is gravel, staff does not recommend bituminous paving of
the contracting yard, however new gravel should be provided with proper
drainage. The lower area is primarily used for the contracting yard and
\\elkriver\sys\shrdoc\planning\stevewe n\pcmmo\cu00-21.doc
Memo to the Planning Commission/CU 00-21
June 27,2000
Page 3
outdoor storage with some employee parking near the office. The office
•
parking should be clearly identified.
The upper parking area consists of worn bituminous and is used as employee
parking. The upper lot paving is joined with the Furniture and Things
paving and there is a common easement on a portion of the east property
line. The upper parking area should be patched or resurfaced and the parking
stalls striped. The upper parking area does not meet the 10-foot setback from
the property line. There are only a few curb-stops between the upper parking
area and lower to prevent vehicles from driving into the sloped areas.
Additional curb-stops should be installed in this area for public safety.
Last winter, the upper parking area was fenced off with orange snow fence to
prevent plowing of snow from Furniture and Things into the employee
parking area. A more permanent and more aesthetic alternative should be
employed prior to next winter.
Furniture and Things has discussed with staff, the possibility of constructing
a fence on the common property line outside the access easement. If a fence
is constructed, some of the paving should be removed to provide a buffer to
protect the fence from vehicles and snow storage.
• Fueling Station
Adjacent the building is a refueling station for the motorized equipment. The
Fire Chief inspected the location of the tanks and found three fuel tanks that
do not comply with the Fire Code.
Erosion
The slope between the upper and lower parking area is greater than 3:1 and
is eroding away. A wall should be constructed in this location to prevent
further erosion.
Outdoor Storage
We Dig It presently stores outside some of the larger earth moving
equipment and trucks, excess soil, etc. The soil is stored in the southwest
corner of the property adjacent to Cleveland Street. The soil and debris
should be contained to protect the landscaped areas from disturbance.
Outdoor storage is a conditional use in the I1 zoning district and should be
screened from the public right-of-way and from future residential areas.
•
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\cu00-21.doc
Memo to the Planning Commission/CU 00-21
June 27,2000
Page 4
•
Screening
A berm is proposed along Cleveland Street with landscaping to provide
screening. The berm should be constructed with a maximum 25% slope for
ease of maintenance. The berm should be constructed entirely on the
applicant's property in order to maintain the existing ditch along Cleveland
Street.
Trees are proposed along the south and east property lines to provide
screening from the future residential area. The applicant proposes to plant
(50) 4-5 foot conifers (roughly 1 every 10 feet) and (10-20) 8-foot deciduous
overstory trees (roughly 1 every 25 feet). There is no irrigation proposed.
Presently there is little traffic on Cleveland Street and the property to the
west is mostly undeveloped. A vegetative screen is appropriate because the
trees will have matured by the time the surrounding properties develop. The
quantity and size and spacing of the trees proposed should provide adequate
screening.
City Ordinance requires that landscaped areas be irrigated.
III Recommendation
Staff recommends that the Planning Commission recommend approval of a
conditional use permit to allow outdoor storage with an excavation business
with the following conditions:
1. THAT AN ENGINEERED RETAINING WALL BE CONSTRUCTED
BETWEEN THE UPPER AND LOWER PARKING AREAS WITH A MAXIMUM
SLOPE OF 25%ABOVE THE WALL AND THAT A BUILDING PERMIT BE
OBTAINED FOR WALLS OVER 4 FEET IN HEIGHT.
2. THAT THE WESTERLY DRIVEWAY BE A MINIMUM OF 24 FEET IN
WIDTH.
3. THAT THE PARKING AND YARD AREAS BE SETBACK 10 FEET FROM
THE CLEVELAND RIGHT-OF-WAY AND THE WEST PROPERTY LINE.
4. THAT CURB-STOPS BE INSTALLED BETWEEN THE SLOPE AND THE
UPPER PARKING AREA.
5. THAT A BERM BE CONSTRUCTED BETWEEN CLEVELAND STREET AND
THE PARKING AND YARD AREA WITH A SLOPE NO GREATER THAN 25%
FOR EASE OF MAINTENANCE AND CONSTRUCTED ENTIRELY ON THE
IDSUBJECT PROPERTY.
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\cu00-21.doc
Memo to the Planning Commission/CU 00-21
June 27,2000
Page 5
6. THAT A MINIMUM OF (18) 4-5 FOOT CONIFERS AND (7) 2"BB
• DECIDUOUS OVERSTORY TREES BE PLANTED INSIDE THE WEST
PROPERTY LINE.
7. THAT A MINIUM OF (30) 4-5 FOOT CONIFERS AND (12) 2"BB DECIDUOS
OVERSTORY TREES BE PLANTED INSIDE THE SOUTH PROPERTY LINE
ADJACENT CLEVELAND STREET.
8. THAT TURF BE ESTABLISHED ON ANY LANDSCAPE AREAS DISTURBED
BY GRADING.
9. THAT LANDSCAPED AREAS BE IRRIGATED AS REQUIRED BY CITY
ORDINANCE.
10. THAT NO VEHICLE OR MOTORIZED EQUIPMENT MAINTENANCE
OCCUR WITHIN THE EXISTING BUILDING.
11. THAT THE SOIL AND DEBRIS BE CONTAINED AND SEPARATED FROM
THE LANDSCAPED AREAS.
12. THAT THE LOWER PARKING AND YARD AREA BE PAVED WITH NEW
GRAVEL.
13. THAT THE UPPER PARKING AREA BE RESURFACED WITH
BITUMINOUS OR PATCHED AND STRIPED.
III
14. THAT THE FUEL TANKS ON SITE BE RELOCATED IN COMPLIANCE
WITH THE FIRE CHIEF'S RECOMMENDATION AND THE FIRE CODE.
AND THAT THE LOCATION BE INDICATED ON THE SITE PLAN PRIOR
TO THE CITY COUNCIL MEETING ON JULY 17, 2000.
•
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.lkRiver
June 19, 2000
We Dig It Inc.
15536 Cleveland Avenue NW
Elk River, MN 55330
Dear Owner/Occupant:
It has come to my attention with your applying for a conditional use permit for an outdoor storage yard that within
your facility you have above ground flammable liquid storage tanks at your location. At this time the installation of
the above ground flammable liquid storage tanks within your facility do not meet the 1998 Minnesota Uniform Fire
Code. The 1998 Minnesota Uniform Fire Code allows dispensing of flammable and combustible liquids from above
ground storage tanks with approval of the Minnesota State Fire Marshal Division and the local Fire Chief.
I have enclosed requirements for the installation of above ground storage tanks for the dispensing of flammable and
combustible liquids. Please review the enclosed requirements and if you have any questions in reference to the
above ground storage tanks requirements please feel free to call me at the Elk River Fire Department. I would be
more than happy to clarify any questions you may have in reference to the requirements for the above ground
storage tanks located at your facility. Please feel free to call me at the Elk River Fire Department at (763) 441-4919.
completion of the requirements for the installation of the above ground storage tanks in reference to the 1998
Minnesota Uniform Fire Code shall be completed at your facility by Friday, September 1, 2000. I have also been in
contact with Steve Wensman from the City of Elk River planning department in reference to the issue of the above
ground storage tanks at your facility. I would like to thank you for your cooperation in reference to the above matter
referencing above ground storage tanks. A diagram of your facility with the location of the above ground storage
tanks is required and shall be submitted to the Minnesota State Fire Marshal Division for their review, inspection
and approval for above ground storage tanks installation. Your completed site plan shall be submitted to the
Department of Public Safety State Fire Marshal Division, 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101.
After completion of the requirements for the installation of above ground storage tanks,please contact the Elk River
Fire Department for inspection of and approval of the installation of the above ground flammable liquid storage
tanks.
Respectf , e‘%z..._
Bru . est
Fire hief
City of Elk River
BAW:rch
Enclosure
oc: Steve Wensman
Cliff Skogstad
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
ITEM 6.1.
CITY OF ELK RIVER
REGULAR MEETING OF THE CITY COUNCIL
AGENDA
Monday,June 19, 2000
6:00 p.m.
Elk River City Hall—Council Chambers
ACTION
ITEM NUMBER TAKEN
1. CALL MEETING TO ORDER 6 pm
2. CONSIDER COUNCIL AGENDA A 3-0
*3. CONSIDER CONSENT AGENDA
3.1. 6/12/00 Council Minutes A 3-0
3.2. Request by Ericksmoen Construction for Conditional Postponed to
Use Permit to Construct Church(Living Waters 7/17
Church),Public Hearing—Case No. CU 00-17 A 3-0
(Postponed to 7/17/00)
3.3. Request by Wash and Fill of Minnesota, Inc. for Postponed to
Preliminary Plat(Elk River Crossing 2nd Addition),Public 7/17
Hearing- Case No. P 00-8 (Postponed to 7/17/00) A 3-0
• 3.4. Request by Wash and Fill of Minnesota, Inc. for Postponed to
Conditional Use Permit,Public Hearing— 7/17
Case No. CU 00-12 (Postponed to 7/17/00) A 3-0
3.5. Request by Phoenix Enterprises for Preliminary Plat (Twin Postponed to
Lakes Townhomes,Public Hearing-Case No. 7/17
P 00-7 (Postponed to 7/17/00) A 3-0
3.6. Request by City of Elk River for Ordinance Withdrawn
Amendment to Recognize Single Family Detached A 3-0
Townhomes,Public Hearing—Case No. OA 00-5
(Withdrawn)
3.7. Consider Premise Permit Renewal for Elk River Lions A 3-0
Res 00-41
3.8. Consider 3.2 Percent On Sale Beer License for A 3-0
China House Buffet
3.9. Consider Transient Merchant License for CW A 3-0
Marketing
4. ADMINISTRATION
4.1. Utilities Commission Update Update
4.2. Northstar Corridor Update Update
4.3. Community Recreation Update Update
4.4. Request Authorization to Advertise for Seal Coat Bids A 3-0
4.5. Consider Pedestrian Bridge Plaque A 3-0
5. OPEN MIKE No One
6. PLANNING •
6.1. Wetland Conservation Act Decision—Rolling Hills, A 2-0-1
Case No. WCA 00-2
6.2. Request by Ron Dragsten for Final Plat Approval A 3-1
(Rolling Hills),Case No. P 00-6
6.3. Request by Brookstone Development to Waive Negotiate
Park Dedication Fees for Elk River Business Park Amount
A 3-1
6.4. Request by Home Depot U.S.A.,Inc. for Easement A 4-0
Vacation,Public Hearing—Case No. EV 00-5 Res 00-42
6.5. Request by the City of Elk River for Easement A 4-0
Vacation—Branch A,Ditch#10, Public Hearing— Res 00-43
Case No. EV 00-4
6.6. Request by Phoenix Enterprises for Conditional Use A 3-0-1
Permit for Restaurant Expansion(Culvers), Public
Hearing—Case No. CU 00-16
6.7. Request by Central Rivers for Preliminary&Final Plat A 4-0 Prelim
Approval(Elk River Cenex), Public Hearing—Case A 4-0 Final
No. P 00-9 Res 00-43
6.8. Request by Central Rivers for Conditional Use Permit A 4-0
to Construct Car Wash Addition(Cenex), Public
Hearing—Case No. CU 00-15
6.9. Request by City of Elk River for Rezoning from BP A 4-0
(Business Park)to C3 (Highway Commercial), Public Ord 00-11
Hearing—Case No. ZC 00-4 •
6.10. Request by City of Elk River for Land Use Amendment A 4-0
from Light Industrial to Highway Business, Public Res 00-44
Hearing—Case No. LU 00-4
6.11. Reconsider Requests LU 00-2 and ZC 00-2 by Hoyt A 4-0
Partners Res 00-17
Ord 00-04
6.12. Request by Hoyt Partners LLP for Preliminary Plat A 4-0
(Elk Path Business Park),Public Hearing—Case No.
P 00-10
6.13. Request by Ron Wald for Ordinance Amendment to A 4-0
Allow Retail Sales as Accessory Use in Business Park
Zoning District,Public Hearing—Case No. OA 00-6
7. STAFF UPDATES
8. OTHER BUSINESS None
9. ADJOURNMENT 8:10 pm
* CONSENT AGENDA ITEMS are considered to be routine and noncontroversial by the Council and will be approved by one
motion. There will be no separate discussion of these items unless a Councilmember,staff member,or citizen so requests,in which
case the item will be removed from the consent agenda and considered under the regular agenda.
"This agenda is available in alternate formats upon a 72 hour advanced notice. "Auxiliary aids and services are also
available upon a 72 hour advanced notice. Please contact the City Clerk at 441-7420(TDD 441-7420)to make a •