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7.2. SR 12-17-2018 ��i Eof lk — - Request for Action River To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearinj December 17, 2018 Chris Leeseber , Senior Planner Item Description Reviewed by Conditional Use Permit: Home Occupation Permit Zack Carlton,Planning Manager to operate an Electrical Contracting Company- Reviewed by John Anderson, 10215 Twin Lakes Road Cal Portner, City Administrator Action Requested Approve,by motion, a Conditional Use Permit authorizing establishment of a Home Occupation at 10215 Twin Lakes Road with the following conditions to satisfy the standards set forth in Section 30-654: 1. Employee parking shall be either on the north,west, or east side of the pole building. If on the east side of the building, the parking area shall be screened with six foot tall, 100% opaque wooden or vinyl fence. 2. Coniferous trees, at least six feet tall, shall be planted in a manner to screen the parking area and the outdoor storage area from the neighbors to the south. 3. The hours of operation shall be limited to 7:00 a.m. to 5:30 p.m. 4. With the exception of picking up materials, no more than six employees shall be on site. 5. The outdoor storage area shall be screened with six foot tall, 100% opaque fencing. 6. One sign, freestanding or wall, not to exceed 16 square feet - shall be allowed. Background/Discussion __i The applicant is seeking a CUP to operate an electrical contracting business as a home occupation. They will store electrical wire, electrical materials, and other electrical related equipment inside a new "\ CR-33-- pole building. The pole building has already received a permit to be constructed. They will have up to six employees providing general office work. The business will operate Monday through Friday, from = 7:00 a.m. to 5:30 p.m. There will be no retail sales on this property. as Planning Commission Meeting Hwy 10 During the public hearing,the applicant indicated they preferred to CR 12 have the parking on the east side of the pole building due to the - location of the well on the west side and how close the pole building is to the home. He did not oppose installing a privacy fence. The commission had no issue with the parking being located on the ti`y/211 o east side as long as it was screened, as required by the outdoor storage ordinance. As this is located in a residential zoning district, staff recommends the fencing be either wooden or vinyl and 100% opaque Figure i The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional P U W E H E o s r service, and community engagement that encourages and inspires prosperity /` UR in order to block views from the neighboring property. No one spoke for or against the request and staff has not received any comments since the Planning Commission meeting. The Planning Commission agreed the proposed conditions are needed to satisfy standards #1 and #5 and unanimously recommended approval of the request. Financial Impact None Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on December 18, 2018. Attachments ■ Planning Commission Memo dated November 27, 2018 N:APublic Bodies\Agenda Packets\12-17-2018\Final\7.2 st.docx Elk Request for Action River To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings November 27, 2018 Chris Leeseber , Senior Planner Item Description Reviewed by John Anderson— 10215 Twin Lakes Rd. NW, Case Zack Carlton,Planning Manager No. CU 18-18 Reviewed by ■ Conditional Use Permit to operate an electrical contracting company as a home occupation Action Requested Approve,by motion,a Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Employee parking shall be either on the north or west side of the pole building. 2. Coniferous trees, at least 6 feet tall, shall be planted in a manner to screen the parking area and the outdoor storage area from the neighbors to the south. 3. The hours of operation shall be limited to 7:00 a.m. to 5:30 p.m. 4. With the exception of picking up materials,no more than 6 employees shall be on site. 5. The outdoor storage area shall be screened with six foot tall, 100% opaque fencing. 6. One sign, freestanding or wall, not to exceed 16 square feet shall be allowed. Background/Discussion The property is zoned single family residential (R1 a) where Home Occupations not operated entirely within the dwelling unit or attached garage require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate an electrical contracting business as a home occupation. They will store electrical wire, electrical materials, and other electrical related equipment inside a new pole building. The pole building has already received a permit to be constructed. They will have up to six employees working at this location,providing general office work and answering phones for the company. They will have up to an additional 12 employees that are out in the field completing electrical work on a daily basis. These employees take their service trucks home at night and work offsite but will come to the subject property to re-stock. The business will operate Monday through Friday, from 7:00 a.m. to 5:30 p.m. There will be no retail sales on this property. Parking The applicant is proposing to have employee parking on the existing driveway as well as north and east of the pole building. Five 6' tall pine trees are proposed to be planted 45' from the edge of the county road to screen the parking area on the east side of the pole building. Screening for the proposed parking area would be relying on the neighbor's vegetation but if that were to be removed, the outdoor storage area could become visible. Staff recommends the parking be located on the west or north side of the pole building. If parking on the east side of the pole building is permitted, staff recommends that privacy The Elk River Vision A n.,elcoming community nrith revolutionary and spirited resourcefulness, exceptional p o w E R E o R r service, and community engagement that encourages and inspires prosperity 11AATURE1 fencing be installed along the eastern property line to screen the view to the parking area from the house at 10161 Twin Lakes Rd. (75-125-2105). Outdoor Storage The outdoor storage of equipment, such as a skid steer, trencher, and equipment trailers,is proposed. This area will be located on the north side of the pole building. This equipment will not operate outside of normal business hours (7:00 a.m. to 5:30 p.m.) and will not be stored on the south side of the building. Again, screening for the proposed outdoor storage area would be relying on the neighbor's vegetation but if that were to be removed,the outdoor storage area could become visible. Staff recommends privacy fencing around to the outdoor storage area. Signage The applicant is requesting an exterior sign,no larger than 16 square feet,to be located on the south side of the building. A sign permit will be required for any signage over four square feet in size. Surrounding Neighbors The nearest home is about 150 feet directly east of the pole building. Mature trees and vegetation separate this home and pole building. The homes in River Park,which are located across County Road 13 to the south, are approximately 300 feet away. Another home is located about 710 feet directly to the west of the pole building. There are also mature trees and vegetation separating this home and pole building. Northwest of the subject area is an existing plumbing and sewer company operating under a CUP. This is about 775 feet away from the pole building. Applicable Regulation In approving a Conditional Use Permit,the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. Weill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral ,e are of the neighborhood or the city. With the conditions outlined in standard #5,the use will not endanger,injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience, or general welfare of the neighborhood or the city. 2. mill be consistent nvith the comprehensive plan. The parcel and surrounding area are guided for residential. Conditional Home Occupations are allowed in residential districts. The use will be consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. bill not impede the normal and orderly development and improvement of surrounding vacant property. N:\Departments\Community Development\Plaiuning\Case Files\CUP\CU 18-18 Anderson\4-Planning Commission\CU 18-18 sr PC 11-27- 18.doCX There are two parcels to the east,with existing homes, 20+ acres in size. The zoning of these properties allows for 2 '/Z acre parcels. As most of these two parcels are encumbered by wetlands, they most likely could not be subdivided and developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 4. WIN be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, nater and senvr systems,parks and schools;and mill not, in particular, create traffic congestion or interference n4th traffic on adjacent and neighboring public thoroughfares. Sherburne County reviewed this application and had no comments regarding the traffic impacts on the County Road. The use will be served adequately by and will not adversely affect essential public facilities and services including streets,police and fire protection,drainage,refuse disposal, water and sewer systems,parks and schools; and will not,in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Staff does not see a need to impose specific conditions to satisfy this standard. 5. WIN not involve uses, activities,processes, materials, equipment and conditions of operation that mill be detrimental to any persons or propery because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. The concerns with the proposal are screening, equipment noise, and the number of employees. Staff recommends the following conditions: ■ Employee parking shall be either on the north or west side of the pole building. ■ Coniferous trees shall be planted in a manner to screen the parking area on the east side of the pole building and the outdoor storage area from the neighbors to the south. If this requires more than five trees,this should be recommended. ■ The hours of operation shall be limited to 7:00 a.m. to 5:30 p.m. ■ With the exception of picking up materials, no more than 6 employees shall be on site. ■ The outdoor storage area shall be screened with six foot tall, 100% opaque fencing. 6. lYlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The construction of the pole building will not result in the destruction,loss or damage of a natural, scenic or historic feature of major importance. The location of the pole building meets all setback requirements from wetlands. The building permit for this structure has been approved. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Wlill fully co*ywitb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the ci y. The use will fully comply with all other requirements of this Code,including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. N:\Departments\Community Development\Plaiuning\Case Files\CUP\CU 18-18 Anderson\4-Planning Commission\CU 18-18 sr PC 11-27- 18.doCX Staff does not see a need to impose specific conditions to satisfy this standard. If denial of such a permit should occur,it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on December 18, 2018. Council Meeting If acted on,this item will go to the December 17, 2018, City Council meeting. Attachments ■ Location Map ■ Applicant's Narrative ■ Survey ■ Parking Exhibit ■ Staff Exhibit ■ Environmental Memo dated November 6, 2018 ■ Sherburne County memo dated November 2, 2018 ■ Stormwater Coordinator memo dated November 6,2018 ■ Community Development Director memo dated November 5, 2018 N:\Departments\Community Development\Plaiuning\Case Files\CUP\CU 18-18 Anderson\4-Planning Commission\CU 18-18 sr PC 11-27- 18.doCX a a a. r — r 4 r cw , 1 LM co OD . _ •rte tq f . rq r 4n E cm 4-j UM 40 � s t �euS k. � - �--I wc. 61 0 r PR 4- CP —' N w w Y.. u r 10215 Twin Lakes Road NW, Elk River, MN 55330 We are requesting a Conditional Use Permit for the property located at 10215 Twin Lakes Road NW, Elk River. The property has an existing home and a non-conforming pole barn. The pole barn is in disrepair and will be demolished with approval of this permit. A new conforming pole barn erected with a maximum size of 60' x 104'. We will take ownership of the property on November 151h, 2018. This permit will allow us to operate our existing electrical contracting company, allowing us to store electrical wire, electrical materials, and other electrical related equipment inside the new pole building. We will also have up to 6 employees working at this location providing office duties for the company. This includes general office work and answering phones. We have up to an additional 12 employees that are out in the field completing electrical work on a daily basis. These 12 employees take their service trucks home at night and work at other locations. They will come to the building to re-stock their trucks and vans. The business will operate Monday through Friday, from the hours of 7:00am to 5:30pm.There will be no face to face customer transactions on this property. The owner of the adjacent property, to the northwest is operating a plumbing and sewer company under a conditional use permit, as D and M Enterprises. Our electrical company will not have near the need for outside storage, noise, or traffic currently used by D and M. The land on the north, east, and west has existing tree cover and will be quite the distance from other structures, providing natural screening.Twin Lakes Road will be to the south of the building, approximately 100' from the centerline of Twin Lakes Road. Twin Lakes Road is a very busy highway with heavy traffic, and we propose to install 5-6' tall pine trees at approximately 45' from the edge of the road, outside of the right-of-way to help with screening from the highway. The property currently has 4 parking stalls and we are requesting an additional 8 spaces. 4 new spaces will be located on the north side of the building, with the other 4 located on the west side of the building. The driveway and parking area will have new recycled class 5 surface installed. There will also be equipment stored on the property, such as a skid steer, trencher, or equipment trailers. This equipment will not operate outside of normal business hours and will not be stored on the south side of the building. With this permit we are asking for approval for an exterior sign, to be no larger than 16 square feet, on the south side of the building, and located outside of the right-of-way zone of the property. The existing home is in poor condition and looks as if it has been vacant for quite some time. With this permit approved, we will be undertaking a substantial remodeling project on the interior of the home and re-siding the home to match the new building. With this remodel and update of the exterior of the home, it will be a very much needed improvement for the property, including safety, and visually for the entire neighborhood. This permit approval is a good thing for the City of Elk River and neighborhood. We are good neighbors and will bring revenue and even employees into the City. Also, local business will win by using local services for printing, fuel, restaurants, and more. Lastly, the entire property is in need of repairs and has safety concerns with the existing pole building. This project will remove the existing non-conforming pole barn and install a new code compliant structure. Thank you for your time and consideration. at, John Anderson O fi Q Hw �. ©Q NN1C.AN I O V \ C'� Q• +ice hi 09 09 th SR ILI • % +ti+ O L N `; DG �. -&A oel0eC- (� r .j + i , s rte+ C +�s J.c r♦ — *11,M r JO *AMS Jo 4 00.999 t ISom ay? jo aurl -7 L;j -,- SBLY + SBL r. L 1 Of J m cn 25-2301 C7 I &WIJ m proposed 20 60X104 I shed shed— to hed— to be removed ' Use :. G ® I _ trees— _ eL Q / to be ' ol plan ted g.00l0 . (Twir7 L oad� ° 4-� 32 5 — — /. r- � iA / • 1 / rt/ r � / J- 1 law 13053051 5 1 re iJt r•i/ � w ` S � rri Iir- rr rJ �1 rrlt r r Irr1 i G� i ii rr r ii rnr I Olt _ � 1 09 .�, � ire ..• y O1 •7 1 Si Ll Vt)P MAR OW P fill 3 •i 4 i � • � �n City oMemorandum ElIk - RiV6' r To: Planning Department From: Amanda Bednar, Environmental Date: November 6, 2018 Subject: Site Plan Review—November 2018 The department listed above has reviewed the application listed below and has the following comments: Case #V 18-09 Gerald R. Sizer —Variance 1. No concerns or issues with the application as proposed for additional structures than is permitted. However there are significant wetland complexes on both parcels.Any new structure will need to meet the required wetland setbacks and a wetland delineation may be required. Case #CU 18-18 John Anderson—Conditional Use Permit 1. This property borders a large wetland complex to the north which is a public water wetland and containers a natural environment lake (unnamed DNR ID#71023800). Per Elk River City Code Section 30-2022 (a)(4) commercial or industrial uses without water-oriented needs must be set back double the normal ordinary high-water level setback which is 300' feet in this location and should not be an issue based on submitted documents.Additionally substantial screening from view from the water is required,which should be achieved by the natural wooded area present on site. Anything modifications to the application that could change these items would need to be reviewed. All wetland buffer and buffer setbacks must be met for any new buildings,paving or other impervious surface.A wetland delineation may be required to determine accurate wetland boundary and ensure all setbacks are met. Case #V 18-10 Jared Bradford / Union Church-Variance 1. No concerns or issues with the application as proposed. P 0 W E R E U 8 r NAWREI Case #CU 18-19 ResCareMN—Conditional Use Permit 1. This property is located within the Shoreland Management area located near Lake Orono. Impervious surface coverage on this parcel may not exceed 25 percent of the lot area. Any additional proposed hardcover would be required to meet this restriction. Case #IU 18-01 D.R. Horton, Inc. —Miske Meadows—Interim Use Permit 1. No concerns or issues with the application as proposed. Case #CR 18-05 Enerkem, Inc. — Concept Review 1. This proposal would provide an option to continue to dispose of municipal solid waste (MSS in a sustainable manner if GRE were to stop operation in Elk River. Enerkem proposes to be able to process 250,000 short tons of RDF annually, the same that is currently being produced by GRE's resource processing plant. GRE's current capacity is 320,000 tons annually but they historically have only received about 260,000 tons. This project would need to meet all MPCA standards for waste disposal, air quality,water quality and others. An Environmental Assessment would likely be needed. Changing waste streams and fluctuating amounts of waste would need to be considered given current market trends and waste disposal restrictions. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-18 Anderson\4-Planning Commission\SPR Memo Environmental November.docx S H E R B U R N E Sherburne County Public Works CDU N T Y Sherburne County Government Center 13880 Business Center Drive Suite 100 OMMM Elk River,NIN 55330-4668 (763)765-3000 1-800-433-5228 To: Planning Department From: David A. Roedel Assistant Public Works Director Date: 11/2/18 Subject: Site Plan Review—November 2018 The department listed above has reviewed the application listed below and has the following comments: Case #V 18-09 Gerald R. Sizer —Variance 1. No concerns or issues with the application as proposed. Case #CU 18-18 John Anderson—Conditional Use Permit 1. No concerns or issues with the application as proposed. Case #V 18-10 Jared Bradford / Union Church-Variance 1. No concerns or issues with the application as proposed. Case #CU 18-19 ResCareMN—Conditional Use Permit 1. No concerns or issues with the application as proposed. Case #IU 18-01 D.R. Horton,Inc. —Miske Meadows—Interim Use Permit 1. No concerns or issues with the application as proposed. Case #CR 18-05 Enerkem, Inc. —Concept Review 1. No concerns or issues with the application as proposed. City oMemorandum Ellk - RiV6' r To: Planning Department From: Brandon Wisner, Stormwater Coordinator Date: November 6, 2018 Subject: Site Plan Review—November 2018 The department listed above has reviewed the application listed below and has the following comments: Case #V 18-09 Gerald R. Sizer —Variance 1. No concerns or issues with the application as proposed. Case #CU 18-18 John Anderson—Conditional Use Permit 1. Show all proposed grades and where a driveway to the proposed building is located, if one is to be installed. Ensure that drainage is not directed onto neighboring properties. Case #V 18-10 Jared Bradford/ Union Church-Variance 1. No concerns or issues with the application as proposed. Case #CU 18-19 ResCareMN—Conditional Use Permit 1. No concerns or issues with the application as proposed. Case #IU 18-01 D.R. Horton, Inc. —Miske Meadows—Interim Use Permit 1. Once the use is not needed and bisemous is removed, the soils must be adequately de-compacted. Case #CR 18-05 Enerkem, Inc. —Concept Review 1. Stormwater management requirements must be met as listed in Ordinance Sec. 78- 503. - Stormwater and urban runoff control. and Sec. 78-504. -Post construction stormwater management for proposed new or redeveloped impervious surfaces. https://library.municode.com/mn/elk river/codes/code of ordinances?nodeld=COOR CH78UT ARTVSTUT DIV3STMA S78-504POCOSTMA P 0W E R I D 8 r NAYUREJ City oMemorandum Ellk - RiV6' r To: Planning Department From: Suzanne Fischer, Community Development Date: Nov. 5, 2018 Subject: Site Plan Review—November 2018 The department listed above has reviewed the application listed below and has the following comments: Case #V 18-09 Gerald R. Sizer—Variance 1. No concerns or issues with the application as proposed. Case #CU 18-18 John Anderson—Conditional Use Permit 1. Please have Amanda check proposed building footprint with wetland setbacks. 2. Would recommend a fence to hide equipment parked at the site. Case #V 18-10 Jared Bradford/ Union Church-Variance 1. No concerns or issues with the application as proposed. Case #CU 18-19 ResCareMN—Conditional Use Permit 1. State licensed? 2. Secure facility 24/7? 3. Sprinklers required. 4. Nuisance for existing neighbors (crime,noise, smoking, etc.). Case #IU 18-01 D.R. Horton, Inc. —Miske Meadows—Interim Use Permit 1. End date for temporary parking lot? Case #CR 18-05 Enerkem,Inc. —Concept Review 1. Required to follow MPCA&EPA air&water quality monitoring program. 2. Daily odors 3. Would not support this location (esp. with high dollars homes proposed on the Specht property). 4. Traffic (daily semi traffic harder on roads;noise, congestion) 5. Facility lights at night. 6. May want to check lawsuits filed on similar refineries. P 0W E R I D 8 r NAWREJ