7.1 SR 04-18-2022it ci
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
April 18, 2022
Zack Carlton, Planning Manager
Item Description
Reviewed by
Interim Use Permit: Temporary Outdoor
Chris Leeseber , Senior Planner
Reviewed by
Storage and Sale of Garden Sheds and
Furniture, Steve Hickman — 9875 US Hwy 10
Cal Portner, City Administrator
Action Requested
Approve, by motion, an Interim Use Permit with the following d
conditions:
1. The Interim Use shall terminate two years from the date of
approval, upon sale of the property, or upon issuance of a
certificate of occupancy for the use approved with case
number SP 22-03.-
2. All temporary parking, display, and drive areas must be located U cR 33
on compacted Class 5 gravel.
3. The site shall be maintained in accordance with city standards,
to include mowing, trash disposal, and accumulation of waste.
4. When customers and employees are present on site the RR
property owner must provide portable ADA compliant
bathroom facilities. HWy,o
5. All access to the property shall come from Gateway Road cR 12
NW. All access points to US Highway 10 shall be removed,
unless otherwise approved by MnDOT.
6. The final plat for Hickman Addition (Case No. P 22-03) must
be recorded prior to establishing the use authorized by they
IUP. y
7. The use shall be limited to Lot 2, Block 1, Hickman Addition.°?69
8. An ordinance amendment changing the zoning of the parcel
to Highway Commercial (C-3) shall be recorded prior to
Figure I _
establishment of the interim use.
9. The applicant must secure a grading permit prior to beginning work on the site.
Background/Discussion
Case No. IU 22-01 - The applicant has requested approval an Interim Use Permit (IUP) to support a transition to
their planned retail operation. The applications for approval of the permanent retail sales use have also been
requested by the applicant.
The Elk River Vision P I I E I E U I i
A n elcoming community avith revolutionary and spirited resourcefulness, exceptional [NATURE]
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
The applicant must relocate the current Plants and Things operation, currently located in Ramsey, due to impacts
associated with the planned interchange at Sunfish Lake Blvd and Highway 10. In advance of construction for the
retail use the applicant must relocate their products to the new site. The IUP will allow the applicant to move the
product from their existing site to the new location and sell to the public until their new facility has been
constructed.
Planning Commission
No one spoke during the public hearing, but staff has received one written letter of support from a neighboring
business.
The Commission had questions regarding access to Highway 10 and what MnDOT may allow in the future.
MnDOT's current position is that all access points to Highway 10 must be removed, but the applicant has
continued conversations with MnDOT. Any allowance for a future driveway to Highway 10 will need be
documented in writing.
The Commission unanimously recommended approval.
Mission/Policy/Goal
■ Support the growth and development of the business community
■ Responsibly grow
■ Meet changing needs - Agile
Attachments
■ Planning Commission Packet dated March 22, 2022
■ Letter of Support dated March 16, 2022
Request for Action
ver
To
Item Number
Planning Commission
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
March 22, 2022
Zack Carlton, Planning Manager
Item Description
Reviewed by
Steve Hickman — 9875 US Highway 10
Chris Leeseber , Senior Planner
Reviewed by
■ Interim Use Permit to Allow Temporary
Storage and Sale of Garden Sheds and
Furniture, Case No. IU 22-01
Action Requested
Recommend, by motion, approval of an Interim Use Permit with the
following conditions:
1. The Interim Use shall terminate two years from the date of
approval, upon sale of the property, or upon issuance of a
certificate of occupancy for the use approved with case
number SP 22-03.
2. All temporary parking, display, and drive areas must be located
on compacted Class 5 gravel.
3. The site shall be maintained in accordance with city standards,
to include mowing, trash disposal, and accumulation of waste.
4. When customers and employees are present on site the
property owner must provide portable ADA compliant
bathroom facilities.
5. All access to the property shall come from Gateway Road
NW. All access points to US Highway 10 shall be removed,
unless otherwise approved by MnDOT.
6. The final plat for Hickman Addition (Case No. P 22-03) must
be recorded prior to establishing the use authorized by the
IUP.
7. The use shall be limited to Lot 2, Block 1, Hickman Addition.
8. An ordinance amendment changing the zoning of the parcel
to Highway Commercial (C-3) shall be recorded prior to
Figure I
establishment of the interim use.
RR
9. The applicant must secure a grading permit prior to beginning work on the site.
i
�w
CR 33
b
a
Background/Discussion
The applicant has requested approval an Interim Use Permit (IUP) to support a transition to their planned retail
operation. The applications for approval of the permanent retail sales use have also been requested by the
applicant.
The Elk River Vision rNATUREE]
I 1 E I E I I
A avelcoming community With revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and insires pro perity. Updated. August 2020
The applicant must relocate the current Plants and Things operation, currently located in Ramsey, due to impacts
associated with the planned interchange at Sunfish Lake Blvd and Highway 10. In advance of construction for the
retail use the applicant must relocate their products to the new site. The IUP will allow the applicant to move the
product from their existing site to the new location and sell to the general public until their new facility has been
constructed.
Applicable Regulations
Before the city council may authorize an interim use, it must make the following findings:
1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent
properties.
The permanent use of the site as a retail operation requires additional improvements not included with this
application. The interim use request supports the required re -location of products from another site in advance
of the permanent improvements for a retail use. The surrounding properties are commercial and industrial in
nature and the use will transition to a permanent status before adverse impacts are felt on adjacent properties.
2. There is adequate assurance that the property will be left in suitable condition after the use is terminated.
Improvements made to support the proposed interim use will also support the proposed retail sale operation
of the parcel.
3. The use is similar to uses allowed in the Zoning district in which the property is located
Retail sales are allowed in the zoning district and the requested IUP will bridge the need for re -location of
product in advance of the proposed permanent retail use currently under review as Case No. SP 22-03.
4. The date or event that will terminate the use can be identified n4th certainty.
Staff recommends the IUP terminate two years from the date of approval, upon sale of the property, or upon
issuance of a certificate of occupancy for the use approved with case number SP 22-03.
5. Authorising the use will not impose additional costs on the public if it is necessary for the public to take the property in the future.
Site improvements to support the interim use include grading and installation of a gravel drive, parking, and
display areas. The applicant has not requested any permanent structures to support the use and there are no
additional costs that may be incurred by the public.
6. The applicant and user agree to all conditions that the city council deems appropriate for author'.Zation of the interim use.
The IUP will need to be approved with conditions approved by the City Council.
7. The applicant provides assurances deemed adequate by the city countil that the use will terminate as provided in the interim use
permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to
ensure compliance with this criteria.
City staff have not identified a need for additional security to ensure termination of the interim use as the
relocation is required due to acquisition of the existing location and the associated plat, zone change, and site
plan approvals also requested by the applicant.
8. Authorisation of the interim use will not result in adverse effects on the public health, safety, or welfare.
With the conditions, the proposed use should not result in adverse effects on the public health, safety, or
welfare.
9. The proposed interim use is consistent Yvith the City of Elk River Comprehensive Plan and conforms to the city's Zoning
regulations.
With the proposed zoned change to Highway Commercial (C-3), Case No. ZC 22-02, the proposed use will be
consistent with the Comprehensive Plan and zoning regulations.
Mission/Policy/Goal
■ Support the growth and development of the business community
■ Responsibly grow
■ Meet changing needs - Agile
Attachments
Location Map
Site plan
413!01
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7 5 -4$� 8 {3
75-024210.5.
Steve Hickman
Interim Use Permit
75-712-115
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75-811-0105
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PLANTS AND THINGS
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CITY RESUBMITTAL
MARCH 17, 2022
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Call before you dig. 0 40 80
EX NRENNER & SONS
Incorporated
WELL DR/LLING FOR F1VE GENERA RONS PHONE: (763) 427-6100 / FAX: (763) 427-0533
15688 JARVIS STREET N.W. / ELK RIVER, MN 55330 www.ehrenner.com
RESPONSE OF NOTICE OF PUBLIC
HEARING REGARDING H ICKMAN
WEDNESDAY MARCH 16TH, 2022
SITE: 9875 US HIGHWAY 10 AND 9880 GATEWAY ROAD IN ELK RIVER.
E.H. RENNER A SONS, INC AT 15688 JARVIS ST.
ADJACENT TO SAID PROPERTY FOR THIS PUBLIC
HEARING DO NOT FIND ANY NEGATIVE ISSUES
IMPACTING OUR FACILITY. THIS IS REGARDING BOTH
THE INTERIM US PERMIT, ZONE CHANGE AND
VARIANCE FOR OUTSIDE STORAGE.
RAYMOND T. RENNER CWD/PI
PAST PRESIDENT OF THE MN. WATER WELL ASSOCIATION
MN STATE LICENSE # 466
763-286-88061
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