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7.2 SR 01-18-2022it ci Elk* River Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings January 18, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit: Home Occupation for Zack Carlton, Planning Manager Tractor Trailer Parking, Byron Nielson, 19796 Reviewed by Tyler Street Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Only one employee and one tractor and trailer are permitted. 2. The tractor & trailer shall be parked on an approved surface per the ordinance requirements.,- 3. The idling of a truck tractor in excess of 15 minutes from April cR33,. 16 through October 31, and 30 minutes from November 1 through April 15, is prohibited. 4. Any future permits required for the home occupation shall have full compliance with all commercial building, electrical, L �R plumbing, and fire code requirements. This requires plans signed by a registered architect or register professionalHi `— �0. engineer. _ J>-� CR.12-- �s Background/Discussion` Case No. CU 21-18�� The property is zoned R1-a where tractor trailer parking/home ti� occupations require a Conditional Use Permit (CUP). The applicant is seeking a CUP to park a single tractor and trailer at subject parcel. The parcel is 0.87 acres in size with a vacant parcel to the north. The area Figure I the tractor trailer will be parked is 200-300 feet to the nearest homes and there are approximately 12 homes within 500 feet. Planning Commission During the public hearing, the applicant indicated they had been parking on the property since 1986 and questioned why it was an issue now. Staff s correspondence regarding the CUP began with a complaint to the code enforcement resulting in an inspection which identified the violation. Planning staff began speaking with the applicant once it was determined that the violation could be approved with a CUP. Staff has not received any comments since the commission meeting. The Elk River Vision A n elcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. P I I E I 1 0 9Y NATURE Updated. August 2020 The commission asked the applicant if only one truck would be parked on the property. They indicated only one would be parked and they are planning on retiring in the next couple years. The Planning Commission had no concerns about the request and unanimously recommended approval. Financial Impact None Mission/Policy/Goal ■ Responsibly grow ■ Meet changing needs — Agile ■ Help, not hinder citizen quality of life Attachments ■ Planning Commission Memo dated December 21, 2021 Request for Action Ciry nf Elk River To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Public Hearings December 21, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Byron Nielson, 19796 Tyler St. NW Zack Carlton, Planning Manager Conditional Use Permit for Home Occupation Reviewed by for tractor trailer parking, Case No. CU 21-18 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. Only one employee and one tractor and trailer are permitted. 2. The tractor & trailer shall be parked on an approved surface per the ordinance requirements. 3. The idling of a truck tractor in excess of 15 minutes from April 16 through October 31, and 30 minutes from November 1 through April 15, is prohibited. 4. Any future permits, required for the home occupation, shall have full compliance with all commercial building, electrical, plumbing, and fire code requirements. This requires plans signed by a registered architect or register professional engineer. Background/Discussion The property is zoned R1-a where tractor trailer parking/home occupations require a Conditional Use Permit (CUP). The applicant is seeking a CUP to park a single tractor and trailer at subject parcel. The parcel is 0.87 acres in size with a vacant parcel to the north. The area the tractor trailer will be parked is 200-300 feet to the nearest homes and there are approximately 12 homes within 500 feet. Figure I CR 33 x 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. pIIEIEI 11 NATUREI Updated. August 2020 The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. mill 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 n elfare of the neighborhood or the city. With the condition 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 property is guided for rural residential. The rural residential category consists of large lot single- family homes. This is the predominant residential type in the north of the city beyond the Urban Service Area. This land use primarily consists of planned residential subdivisions and lots located directly on arterial roadways. This land use supports large lot residential development and allows agricultural operations as an accessory use where appropriate. The use will be consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. W1711 not impede the normal and orderly development and improvement of surrounding vacantproperty. There is one vacant lot directly north of the subject parcel, but this lot is a buildable lot in the zoning district. 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. W1711 be served adequately by and avill not adversely affect essential public facilities and services including streets, police and fare protection, drainage, refuse disposal, water and sewer ystems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The property is served by Tyler Street (a Collector Road) and is outside the Urban Service District. 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. Vill not involve uses, activities, processes, materials, equipment and conditions of operation that mill be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. There are approximately 12 homes that are within 500-feet from the subject area. The idling of vehicles and equipment could produce detrimental fumes and noise to neighboring properties. No company vehicles/equipment shall follow Section 46-34 (7): The idling of a truck tractor in excess of 15 minutes from April 16 through October 31, and 30 minutes from November 1 through April 15. With the proposed conditions, the use should 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. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. mill fully coVywitb 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. While no new structure(s) or modifications to the existing structure are proposed, any future permits, required for the home occupation, need to have plans signed by a registered architect or register professional engineer. This requires the building(s) to meet all applicable building, electrical, plumbing, and fire codes and subsequent inspections and enforcement. Staff recommends full compliance with all commercial building, electrical, plumbing, and fire code requirements. 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. 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 Mission/Policy/Goal ■ Responsibly grow ■ Meet changing needs — Agile ■ Help, not hinder citizen quality of life Attachments ■ Location Map ■ Aerial Photos ii J7 47 '1 -,: 'I Nielson Conditional Use, Permit F-- Avenue, 986 I - T'I Case No: CU 21-18 auk Rive'-r'— i :r T 4 r ` a 9 Conditional Use Permit Byron Nielson y�y Figure I ffl"F, I 7:5471 Nielson Conditional Use Per rm't kti Case No: CU 21-18 WAS El River Background ■ R1-a ■ 0.87 acres ■ CUP ■ Home occupation ■ Tractor trailer parking Background ■ Parking on the property since 1986 ■ Parked 200-300 feet to the nearest homes and ■ — 12 homes within 500 feet ST NW 19795 ULYSSES ST NW � Y i + i r f _ lEagkwiew Mau 1J ,, w Ta Map A I CUP Requirements ■ PC's analysis of the application shows compliance with 5 of the 7 of the standards required for approval of the CUP ■ #1 & #5 - Several of the proposed conditions are in place to help ensure the use will not endanger, injure or detrimentally affect the use and enjoyment of other property Planning Commission ■ Parking on the property since 1986 ■ No concerns raised regarding conditions ■ No comments received since meeting ■ Unanimously recommended approval Action Requested ■ Approve, by motion, the CUP with the conditions outlined in the memo ffl"F, I 7:5471 Nielson Conditional Use Per rm't kti Case No: CU 21-18 WAS El River ST NW 19795 ULYSSES ST NW � Y i + i r f _ lEagkwiew Mau 1J ,, w Ta Map A I