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4.3. PCSR 09-27-2022Request for Action To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings September 27, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Josh Clark – 21144 Twin Lakes Rd. NW Zack Carlton, Community Development Director Conditional Use Permit for Home Occupation Reviewed by (outdoor storage), Case No. CU 22-19 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 designated outdoor storage area shall be no larger than 190’ x 250’ in size. 2. All outdoor storage of company vehicles/equipment must be stored within the designated outdoor storage area screened from view from the public right-of-way as outlined in Section 30-807. 3. No direct access from the outdoor storage area to the public road shall be allowed. 4. Hours of operation shall be limited to 6:00 a.m. – 6:00 p.m. Monday through Friday. 5. No company vehicles/equipment may idle on site for more than 15 minutes. 6. There shall be no repair or maintenance of company vehicles/equipment on site. 7. No more the six (6) square feet of signage shall be allowed. 8. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the staff site plan dated September 27, 2022. Background/Discussion The property is zoned R1-a (Single Family Residential) where home occupations with proposed exterior storage require a Conditional Use Permit (CUP). The property is 18.28 acres in size with approximately 16 acres west of Twin Lakes Road. The 16-acre portion is where the proposed business will be located. The applicant is seeking a CUP to operate a landscaping business with outdoor storage of business equipment. Equipment will consist of trucks, trailers, lawn mowers, skid steers, etc. and will be in a bermed/landscaped area. The equipment will only be operated for short periods of time to load or unload. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 While the business employees 10-20 employees, only a few will be on site during the day as the rest will meet on the job site. The nearest neighboring structures to the outdoor storage area range from approximately 700 - 1,100 feet away with a fair amount of mature vegetation in the area. The storage area does have some berming and vegetation already surrounding it. The attached photos show this. The applicant indicated they will not be using any structures on site for the business. Any future need to use structures will require an amendment to the CUP so the building department can review it based on commercial state building codes. 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 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. With the recommenced screening condition, 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. Will be consistent with the comprehensive plan. The property is guided Rural Residential, to be developed as residential use in areas outside of the Urban Service Area that are not currently served by municipal sewer and water. Residential uses allow for Home Occupations, with some uses requiring a CUP, providing due process for the neighbors. The request 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 two vacant parcels south of the subject parcel and rest of the surrounding large lots have homes on the. With the recommenced screening and hours of operation conditions, the use should not impede the normal and orderly development and improvement of surrounding vacant property. 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 subject parcel has one access point from the public road and with the recommended condition of no direct access from the outdoor storage area to the public 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. 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. With the recommended hours of operation and idling times, the use 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. 6. Will 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. 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. Again, any future need to use structures will require an amendment to the CUP so the building department can review it based on commercial state building codes. 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 Mission/Policy/Goal  Ethical, efficient, and responsible  Help, not hinder citizen quality of life  Reflect the culture of citizens and what is important to majority Attachments  Location Map  Applicant’s Narrative  Staff Site Plan dated September 27, 2022  Site Plans  Berming Exhibit  Distance Exhibit  Photos of Outdoor Storage Area CUP - Description of project I am simply looking to park some equipment on my property in an area that already has existing gravel as well as a tree buffer on a 3ft landscape mound as required for outdoor parking. The equipment would consist of trucks, trailers, lawn mowers, skidsteers, etc. The equipment is out of sight of all neighboring properties and would not have excessive weeds growing around it etc. with being parked on gravel. A majority of the equipment is also typically gone during day time hours and would only be stored at the property overnight when it is not at customers houses. We would be temporarily operating the equipment during the hours of 7:00am - 7:00pm. We would Not be operating the equipment for extended periods of time, but rather just starting it briefly on site to load it / leave the property as all of our work is completed at clients’ homes as we do lawn care & landscape work. We would typically only have a few employees at the property throughout the day as all of the others leave to go to customers homes to complete work during the day. Our company currently has a total of 10 - 20 employees throughout the season, but not all employees would be coming to this property as many often meet at the job sites and do not need to come to where some of our equipment would be parked overnight. The property currently does not have any parking stalls and would not need to add any additional parking stalls as we would not have many employees or customers parking at the property. Any employee vehicles parked at the property could be parked on the gravel in the buffer area in the place of where the piece of equipment being removed for the day was parked. Yes, there is an existing landscape berm and tree coverage on site to provide screening. In addition the place where equipment would be stored is not in any direct sight of any neighboring properties. We are not looking to build any buildings, again we are solely looking to park some equipment on an area that is already gravel and has a buffer from the neighbors. We do Not need to install any signs, there would be No signage on site. The only thing we are looking to do is outdoor storage of some of our equipment in an area with existing gravel and tree screenage on a landscape berm out of sight of all neighboring properties. The area we are looking to store equipment is approx. 190 feet x 250 feet.