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7.3 SR 10-17-2022it ci Elk* River Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearings October 17, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit: Home Occupation Zack Carlton, Community Development Director Reviewed by Permitting Outdoor Storage, 21144 Twin Lakes Road, Josh Clark 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. The designated outdoor storage area shall be no larger than 190' x 250' in size. 2. All outdoor storage of company vehicles, equipment, and, applicle business materialse stored le ty u CR33 area screened from designated outdoor g g ew from the public right-of-way as outlined in Section 30-807. 3. Applicable business materials shall not be stored higher than z' six (6) feet. RR 4. No direct access from the outdoor storage area to the public _ road shall be allowed. Htwy 5. Hours of operation shall be limited to 7:00 a.m. — 7:00 p.m.a� cn iz_..__ Monday through Friday. 6. No company vehicles/equipment may idle on site for more than 15 minutes. 7. Outside of routine maintenance/repair, there shall be no major repair/maintenance of company vehicles/equipment on site. y� 8. No more the six (6) square feet of signage shall be allowed. 9. 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. Figure I - Background/Discussion Case No. CU 22-19 The property is zoned R1-a (Single Family Residential) where home occupations with proposed exterior storage require a Conditional Use Permit (CUP). 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 P I I E I E o I Y A n elcoming community avith revolutionary and spirited resourcefulness, exceptional INATUREI service, and community engagement that encourages and inspires prosperity. Updated. August 2020 Planning Commission Meeting During the public hearing, no one spoke for or against the request and staff has not received any comments since the commission meeting. The Planning Commission had no questions or concerns about the request and unanimously recommended approval. After the Planning Commission meeting, the applicant indicated they are also looking for storage of materials related to the services their business offers such as rock, mulch, dirt, gravel, etc. Based on the location of the storage area, the berming/landscaping, surrounding vegetation, and distances to existing homes staff does not have any concern with this request. Staff recommends that materials not be stored higher than six feet which coincides with the six-foot height requirement of fencing in Section 30-807. 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 ■ Planning Commission Memo dated September 27, 2022 ■ Section 30-807 Request for Action Ciry nf Elk River 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 cR33 stored within the designated outdoor storage area screened from view from the public right-of-way as outlined in Section 30-807. x 3. No direct access from the outdoor storage area to the public RR road shall be allowed. 4. Hours of operation shall be limited to 6:00 a.m. — 6:00 p.m. Hwy 10 Monday through Friday. _ cR 12 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. p� 7. No more the six (6) square feet of signage shall be allowed. ywy 8. An amendment to this Conditional Use Permit will be required Sg for future expansions/additions not shown on the staff site plan dated September 27, 2022. Figure 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 P I I E I E I 11 A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATUREI 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. mill not endanger, injure or detrimentally affect the use and enjoyment of other properly in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral n elfare 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. W1711 be consistent nvith 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. Weill not impede the normal and orderly development and improvement of surrounding vacantproperty. 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. Weill be served adequately by and mill not adversely affect essential public facilities and services including streets, police and fare protection, drainage, refuse disposal, water and waver ystems, parks and schools; and avill 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. mill not involve uses, activities, processes, materials, equ pment 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. 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. 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. iVill fully co*yvvitb 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 14 F "Ov �3-- I. 1- .7 75-11 -3 -110 1 - q 75-783 83- 7 011VO i0sh Clark Conditional Use, Pe-lilt Case No: CU 22-19 auk Rive'-r'— 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:OOam - 7:OOpm. 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. .° . ^ 7�-11�-11»/� For reference only. This isnot osurvey. m° t o, NcW-c ve Gam. :�e e p)141C', Tre Ng4i�'e 'trov,n� p,ne Trees — Grass -Trees 1 �T SPrv,.ce `roc-e T i r,e -1 ,-,•.- d A d 4 LI �y 4-6 r 4 " kL +_-,%Y• ti ,. �. 1 �; `� � ��.. -. -.� Mid •, � "� i."°.-" .e =�"., - .. 4 ,�.. •uLti `��3�.-' ... .�. .,.�. '.€> .z�, i� .ir.ra. " K z qpor iT �• or e e•� i m •� S�y. r • rI W I �I tF r • r. - _., f• r y6."' ' }•+•�" a _..�''�j . r o OP F • *r WAL4 Ira •AR, , ri a -- P- -d r � ' x i pl , •4 ''a P 11 4 k �4 � 1 ti .IF • • • d +�f�l , i+fir 4 � Y {4 1 . � _ •� it 1 �li� .� �-� _ � ' 1 L u i ° •, a __ • �+ f.J •^��{yam_ - �•` • 1 ';- - ' ., 0 ` r wr - S o .; IPL & •}'LfJ„ � 1 • � il, i LAP • : i L° _M M --� ,tMa ,tee ,` • �. _ o , a. •a+ti -.. �. ` r .n,^. 1 dr �.,� a �,` •�+. i�',_'��Lf }T - j -ems ����-e�M;�°" �°1��°' _ _ .—` -• ate" s,i. , e• a � � • � "� � �' L ` } � v._.�� � .^�^ y s A aia F a 1 � . � Y � 1 • a.. 4• ; e n e1 i.. 40 =a +Yj _ - . J 1111 ,a F._• �6{- At� 4.' .-, _ •:� • y �� ;r� . �^:^�1' Y k � � Ir 1 drd ` 1 Y r .1 • ny { 1 d . i.�.� I• . F� au• T A A ol r J ir { T ► I _ � _- ._ _ _ P� v �e - -tea i k /1 s 1 Sec. 30-807.Outdoor storage. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Purpose. It is the intent of this section to establish regulations which allow the outdoor storage materials within the city in a clean and safe manner. Outdoor storage areas must be approved by the city in accordance with the standards outlined in this chapter. (c) Standards. (1) Outdoor storage shall not exceed 50 percent of the parcel area. (2) Approved outdoor storage areas must be paved with an approved surface in accordance with section 30-900(a). (3) Outdoor storage areas shall maintain the front yard setback established for the district where the use is located. The side and rear yard setback shall be ten feet. (4) Outdoor storage areas shall not be located in designated parking areas or areas striped for parking. (5) Outdoor storage areas shall be completely screened from view within all public rights -of -way and commercial or residentially zoned parcels. This requirement shall include gates constructed of the same screening material that can be closed when not in use. a. Screening must provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. b. Screening shall consist of one of the two following methods. 1. A screening fence of at least six feet and constructed of one or more of the following materials: 10 ... (ii) Factory finished metal or vinyl panels; (iii) Chain link with vinyl slats. The slats must be maintained at all times and must be replaced within 30 days at the request of the city. 2. An earthen berm of at least three feet in height with a mixed hedge of evergreen and deciduous plant materials. (i) Plant materials must include a variety of shrubs, ornamental trees, and overstory/evergreen trees. Shrubs must be at least three feet tall at the time of installation and the plan must be approved by city staff. (ii) Earthen berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. (6) Outdoor storage areas abutting an adjacent industrial zoned parcel are not required to be screened. a. Where screening is not required, barrier style curb B612 shall be installed to define the limits of the approved outdoor storage area. (Ord. No. 16-26, § 2, 11-21-2016) (Supp. No. 54) Created: 2022-03-09 08:49:15 [EST] Page 1 of 1 Josh Clark Condit4' ional Use Permit Outdoor Storage Figure I 7W 75 563 -014JO iv 75-11.-5-1101 -f W_ rm - b! josh Clark Conditional Use Per i-m't Ik 7�4 'Ilk 71 Case No: CU 22-19 Rjv,,r Background ■ Zoned R1-a ■ 18.28 acres (16 acres) ■ Outdoor Storage Home Occupation = CUP ■ —190' x 250' ■ Storage would consist of: ■ Trucks ■ Trailers ■ Lawn mowers ■ Skidsteers ■ Applicable business materials ■ Etc. Background ■ 7:00 a.m. - 7:00 p.m. load and unload ■ 10-20 employees but only a few on site at a time ■ Routine maintenance/repair will occur: ■ B atterie s ■ Greasing equipment ■ Flat tires ■ Brokens lights ■ Etc. ■ Major repairs will occur off site ti y! � � rs ns iivi 6�t NNW, r-W - 75-553-0140 cl i r♦ J '� '' • .' VAN 75-788-0110 ol ( �j1 75-788-0105 ` 75'113 -13 02 75-113 -1401 75-113-1dil1 l� ' , , LT6-113-1100 0 i Outdoor Storage AM" 75-113-1100 4w 75, 1 s -1100 Far idam M*. Ttkl5not laway. Landscaping 0 J, I' j)a.k ve Gas � �Qhn firer; J. J. _dk ar IF mil IP ,, �,. L IIon A r, r�, �'- l _ aid._• ,' •.'. , F T 6 IL dp r low L IF a r � 1 � � ■ � _ _ tea. � a �w+-'+� Y Ir � „®� � _ 3 -, s" r J � �. '' _ - _ b .,: rl � A 1 _+ �' � e�F J � 1 ,. v `��.. f. . d• rf^�. � Y ^.� -r L�� r 1 . r A�Ir 11 -. •a _ el y r1 e' a y :. u.'. m •�� ur. - l�' �• - u Q � ` 0 �.'' . � �1• _ '}i r,1 4i. Ai } imww�Al, MEN* City of Elk - - River - I WA ell k 4L A, A City of EIL- River '71 CUP Requirements ■ PC's analysis of the application shows compliance with four (4) of the seven standards required for approval of the CUP ■ #1 Detrimentally affect ■ Screening ■ #4 Traffic ■ No second access ■ #5 Noise & fumes ■ Hours and idling time Planning Commission ■ No one spoke for or against the request ■ Staff has not received any comments since the commission meeting ■ Other than clarification on maintenance/repairs, the PC had no questions or concerns about the request ■ Unanimously recommended approval Conditions ■ Applicant asked staff if we could remove condition #3 ■ Explained it was added to be consistent with other CUP's ■ Council can remove if they want Action Requested ■ Approve, by motion, the CUP with the 9 conditions outlined in the memo 7W 75 563 -014JO iv 75-11.-5-1101 -f W_ rm - b! josh Clark Conditional Use Per i-m't Ik 7�4 'Ilk 71 Case No: CU 22-19 Rjv,,r ti y! � � rs ns iivi 6�t NNW, r-W - 75-553-0140 cl i r♦ J '� '' • .' VAN 75-788-0110 ol ( �j1 75-788-0105 ` 75'113 -13 02 75-113 -1401 75-113-1dil1 l� ' , , LT6-113-1100 0 i Outdoor Storage AM" 75-113-1100 4w 75, 1 s -1100 Far idam M*. Ttkl5not laway. 0 J, I' j)a.k ve Gas � �Qhn firer; J. J. _dk ar IF mil IP ,, �,. L IIon A r, r�, �'- l _ aid._• ,' •.'. , F T 6 IL dp r low L IF a r � 1 � � ■ � _ _ tea. � a �w+-'+� Y Ir � „®� � _ 3 -, s" r J � �. '' _ - _ b .,: rl � A 1 _+ �' � e�F J � 1 ,. v `��.. f. . d• rf^�. � Y ^.� -r L�� r 1 . r A�Ir 11 -. •a _ el y r1 e' a y :. u.'. m •�� ur. - l�' �• - u Q � ` 0 �.'' . � �1• _ '}i r,1 4i. Ai } imww�Al, MEN* City of Elk - - River - I WA ell k 4L A, A City of EIL- River '71