6.4. PCSR 04-28-2020Request for Action
To Item Number
Planning Commission 6.4
Agenda Section Meeting Date Prepared by
Public Hearings April 28, 2020 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Beaudry Oil & Propane – 9710 158th Cir. NW Zack Carlton, Planning Manager
Conditional Use Permit to install four 30,000-gallon
Reviewed by
Chemical Storage Tanks, Case No. CU 20-06
Action Requested
Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy
the standards set forth in Section 30-654:
1. The project shall be inspected by the city building official
and fire marshal to verify compliance with all building and
fire codes.
2. A Knox Box shall be mounted as close as possible to the
gate. The final location shall be approved by the Fire Chief.
3. An amendment to this Conditional Use Permit will be
required for future expansions/additions not shown on the
site plan dated May 18, 2020.
Background/Discussion
The property is zoned I3 (General Industrial) where chemical
storage/bulk storage of fuel, e.g., petroleum, require a Conditional
Use Permit (CUP). The applicant is seeking a CUP to install four
30,000-gallon chemical storage tanks.
The four tanks will be surrounded by a horseshoe-shaped access
drive which will support storage tank trucks to and from the site.
The perimeter will have a chain link security fence with gates at both
th
the entrance and exit locations onto 185 Circle.
The applicant is proposing vegetative screening around the
perimeter of the site.
Applicable Regulations
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 Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. 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.
The subject parcel is in the I3 zoning district which allows heavier industrial type uses. 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.
Staff does not see a need to impose specific conditions to satisfy this standard.
2. Will be consistent with the Comprehensive Plan.
The subject parcel is guided for industrial land uses which allows for numerous uses, including
bulk chemical storage tanks, and is consistent with the Comprehensive Plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
There are four vacant parcels in the vicinity of the subject parcel, and they are also guided and
zoned for industrial uses. 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. 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.
The property was developed for such a use and it 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. Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental
to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations.
The activities on site will consist of storage tank trucks to and from the site. The use shall not be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare,
odors, dust, or vibrations.
To ensure adequate means for the Fire Department to access the site, a Knox Box shall be
mounted as close as possible to the gate. The final location shall be approved by the Fire Chief.
6. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
There are no natural, scenic, or historic features of major importance on the property.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. 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.
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.
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 May 19, 2020.
Council Meeting
If acted on, this item will go to the May 18, 2020, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plan dated May 18, 2020
Landscape Plan dated May 18, 2020
Email dated April 16, 2020, showing support
1
Leeseberg, Chris
From:Carlton, Zachary
Sent:Thursday, April 16, 2020 2:39 PM
To:Leeseberg, Chris
Subject:FW: [EXTERNAL] Re: Conditional use permit to install four 30,000 tanks at 9710-156th Circle NW:
Case CU 20-06
Public comment
From: Raymond T. Renner <raymond.t.renner@ehrenner.com>
Sent: Thursday, April 16, 2020 2:32 PM
To: Carlton, Zachary <zcarlton@ElkRiverMN.gov>
Cc: Raymond T. Renner <raymond.t.renner@ehrenner.com>; Roger E. Renner <rerenner@ehrenner.com>
Subject: [EXTERNAL] Re: Conditional use permit to install four 30,000 tanks at 9710‐156th Circle NW: Case CU 20‐06
ZACK CARLTON
PLANNING MANAGER
COMMUNITY DEVELOPEMENT
PLANNING COMMISSION
763‐635‐1035
CITY OF ELK RIVER
13065 ORONO PARKWAY
CASE CU 20‐06
PROPANE HAS A VERY EXCELLENT SAFETY RECORD WITH THOSE PROFESSIONALS THAT USE AND TRANSPORT
PROPANE. E. H. RENNER & SONS, INC HAS USED PROPANE FOR OUR MOTOR FUEL AND HEAT SINCE 1959 WITHOUT
INCIDENT. WE FEEL THAT BEAUDRY OIL AND PROPANE COMPANY IS A BETTER FIT IN THIS INDUSTRIAL PARK THAT
ALREADY HAS ONE 18,000 GALLON TANK. THIS TANK HAS BEEN ON SITE SINCE 1985 AT OUR FACILITY OF E.H. RENNER
& SONS, INC.. WE AT E. H. RENNER & SONS, INC ARE IN FAVOR OF A PROPANE STORAGE FACILITY AS PROPOSED.
IF WE DID NOT WANT THIS TYPE OF BUSINESS IN THIS INDUSTRIAL PARK, WE WOULD HAVE TOLD THEM SO AND NOT
ENCOURAGE A FUTURE SALE OF THIS LOT TO THEM.
BEAUDRY OIL AND PROPANE IS OUR SOURCE OF PROPANE.
E.H. RENNER & SONS, INC
Raymond T. Renner CWD/PI
Minnesota State License #466
(763)286‐8806
raymond.t.renner@ehrenner.com
www.ehrenner.com
15688 JARVIS ST. NW
ELK RIVER, MN. 55330