7.1 SR 04-17-2023it ci
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
April 17, 2023
Zack Carlton, Community Development Director
Item Description
Reviewed by
Conditional Use Permit: Automobile Storage,
Chris Leeseber , Senior Planner
Mike Jansons, 11"' Hour Recovery - 9672 163Td
Reviewed by
St.
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Conditional Use Permit authorizing
automobile storage with the following conditions to satisfy the -
standards set forth in Section 30-654:
1. The parking and driveway area outside of the fenced area shall
I
be bound by B612 curb and gutter.
U _...._..,1 t . -- 2. All parking and driving areas must be finished with an �. N CR 33
approved surface — bituminous, concrete, or compacted class 5.
3. The fence line parallel to the city street must be improved to
include a 100% a o ue covering.
_
opaque g
4. All areas not identified for parking or driving areas shall be _ RR
restored and maintained as turf grass in accordance with city
standards. 4YYJ0 • '_.�' ,
5. Outside of short-term staging requirements, there shall be no CR 12 -
storage of vehicles outside of the fenced area, to include the
city street, exterior parking area, and landscaped areas.
6. This CUP only authorizes the storage of vehicles within the ,
fenced area. Residential or office uses are not authorized as
part of this CUP. +
7. All conditions of this CUP, including turf establishment,`�''69
curbing, stormwater improvements, and removal of all
operations/parking outside of the fence, shall be completed by ~
June 30, 2023. Figure
8. Staff approval of all site and civil plans.
Background/Discussion
The applicant, 11`' Hour Towing and Recovery, has requested a Conditional Use Permit authorizing the storage of
damaged vehicles. The subject property is in the southeast corner of the city, west of Jarvis Street and generally
south of the Youth Athletic Complex. The site is 1.61 acres in size and much of the proposed parking and fenced
area are already in place. The previous owner had initiated the operation without the proper permits or city
approvals. The applicant acquired the property and business and is looking to bring the business into compliance
with city standards for a vehicle storage business.
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 E 0 IY
NATUREI
Updated. August 2020
The property is zoned General Industrial (I-3) where vehicle storage businesses are permitted with a conditional
use permit. The proposal includes a fenced storage area of approximately 41,000 square feet, a driveway, and a
small parking area for employees and customers. There are no buildings, temporary or permanent, proposed with
this application. The site plan also includes a stormwater pond in the southeast corner of the fenced area. This is
not currently in place but is a required improvement to meet the city's stormwater standards. The rest of the site
includes maintained turf grass.
Planning Commission
No one spoke during the public hearing, but we have received comments from the public expressing support for
the conditions noted in the memo. The Commission questioned site security without employees on -site in a full-
time capacity. City staff noted that the property is fenced, and that security is the applicant's responsibility. They
also asked for clarification on the curbing requirement. The current conditions would require curbing around the
parking and driveway area between the fence and street, but curbing would not be required within the fence as it is
bound by the existing fence.
The Commission had no further questions and unanimously recommended approval with the conditions noted in
the memo.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the business community.
Attachments
■ Planning Commission Packet dated March 28, 2023
Request for Action
ver
To
Item Number
Planning Commission
6.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
March 28, 2023
Zack Carlton, Community Development Director
Item Description
Reviewed by
11 th Hour Recovery — Mike Jansons, 9672 163"
Chris Leeseber , Senior Planner
Reviewed by
St. NW
■ Conditional Use Permit granting approval of
vehicle storage, Case No. CU 23-04
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 parking and driveway area outside of the fenced area shall
be bound by B612 curb and gutter.
2. All parking and drive areas must be finished with an approved
surface — bituminous, concrete, or compacted class 5.
3. The fence line parallel the city street must be improved to
include a 100% opaque covering.
4. All areas not identified for parking or drive areas shall be
restored and maintained as turf grass in accordance with city
standards.
5. Outside of short-term staging requirements, there shall be no
storage of vehicles outside of the fenced area, to include the
city street, exterior parking area, and landscaped areas.
6. This CUP only authorizes the storage of vehicles within the
fenced area. Residential or office uses are not authorized as
part of this permit.
7. All conditions of this CUP, including turf establishment,
curbing, stormwater improvements, and removal of all
operations/parking outside of the fence, shall be completed by
June 30, 2023. Figure 1
8. Staff approval of all site and civil plans.
CR 12
Background/Discussion
The subject property is in the southeast corner of the city, west of Jarvis Street and generally south of the Youth
Athletic Complex. The site is 1.61 acres in size and much of the proposed parking and fenced area are already in
place. The previous owner had initiated the operation without the proper permits or city approvals. The applicant
acquired the property and business and is looking to bring the business into compliance with city standards for a
vehicle storage business.
The Elk River Vision P I 1 E I E I s r
A avelcoming community With revolutionary and spirited resourcefulness, exceptional NATURE
service, and community engagement that encourages and insires pro perity. Updated. August 2020
The property is zoned General Industrial (I-3) where vehicle storage business are permitted with a conditional use
permit. The proposal includes a fenced storage area of approximately 41,000 square feet, a driveway, and a small
parking area for employees and customers. There are no buildings, temporary or permanent, proposed with this
application. The site plan also includes a stormwater pond in the southeast corner of the fenced area. This is not
currently in place but is a required improvement to meet the city's stormwater standards. The rest of the site
includes maintained turf grass.
Hours of Operation
The hours of operation vary based on business needs. Vehicles may be delivered by tow -truck operators 24-hours
per day, but customer pick-up of vehicles or belongings occurs during daytime business hours. The site will not be
regularly staffed and is generally an overflow for their main facility in Minneapolis.
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 otherproperty in the immediate vicinity or the public
health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
The vehicle storage and repossession business generally operates as a towing business with short-term
storage on -site. The business abuts a towing company to the east, an outdoor storage area to the south,
and a salvage yard to the southwest. The city owns the property abutting the western property line and is
included in the long-term plans for expansion of the Youth Athletic Complex.
The proposed use is generally consistent with businesses in the surrounding area and will not endanger or
detrimentally affect the use and enjoyment of other properties in the immediate vicinity.
2. mill be consistent with the comprehensive plan.
The property is guided for Industrial Uses and the use is consistent with the industrial zoning and
comprehensive plan guidance.
3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
The city owns the only vacant property in the general area and the city's plans seek to improve the parcel
for future park needs.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fare
protection, drainage, refuse disposal, water and server systems, parks and schools; and mill not, in particular, create traffic
congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The vehicle storage use will generally be of low impact to the neighborhood. However, the nature of the
business has the potential to generate additional police calls to the area due to theft and vandalism. The
police department is aware of the location within the city, but does not have any additional standards to
place on the operation.
Stormwater improvements, however, are a requirement for this property. Submitted plans identify two
stormwater ponds that will be constructed as part of this project.
5. WIN not involve uses, activities, processes, materials, equipment and conditions of operation that mill be detrimental to any
persons or property because of excessive tra,Xic, noise, smoke, fumes, glare, odors, dust or vibrations.
The proposed use will not involve uses or activities that could be detrimental to any persons due to traffic,
noise, smoke, fumes, glare, odors, dust or vibrations. The majority of the vehicles stored on -site will be
operable and don't pose significant environmental risks.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Prior to development the site included a grass field and a wooded area along the west property line.
Improvements removed the field, but much of the tree line remains in place as a buffer between the city
property.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. mill fully eoVyY.,itb all other requirements of this Code, including any applicable requirements and standards for the
issuance of a license orpermit to establish and operate the proposed use in the city.
The use was initially constructed and operated as an illegal use and the current application is intended to
bring the site and use into compliance with city standards. The majority of the conditions of approval
address the existing and proposed improvements that are not currently in compliance with city codes.
Satisfaction of these conditions will bring the property into compliance and would then be considered a
legal -conforming use.
As this property has been, and continues, to operate, staff included a deadline of June 30, 2023, to bring
the property into compliance by completing the site plan improvements and conditions of approval. This
deadline may only be extended by written approval from the City Council.
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
■ Support the growth and development of the business community.
Attachments
Location Map
Applicant's Narrative
Site Plans
Ito
VM A
t.
11 th Hour Recovery
Conditional Use Permit
- 7.r
MAV*w wow
11_5-0113-1411 J
11,11(1Avi•nur Nor thw.est
1 - — Ijr .icy u
Out
Case No: CU 23-04
City of
Elk ---
River
11th Hour Recovery is a recovery and repossession company that seeks out and recovers property.
Approximately 80% of property are vehicles (SUVs, cars, vans, etc.); the remaining 20% of property
are RVs, ATVs, snowmobiles, boats, etc. Customers include the financial arms of Chase,
CapitalOne, Ford Motor credit, title companies, credit unions, etc.
Vehicles are identified and repossessed by tow trucks and brought back to secured storage on site.
The maximum any vehicle stays on site is seven to ten days. Company employees or contracted
transporters bring the vehicles back to the site. All vehicles are licensed and operable. Because of
the site size and limitations, occasionally vehicles are stored on the street and staged for pick-up by
transport. Vehicles are never on the street for more than six to seven hours. Once vehicles are
picked up, they are transported to auction.
11th Hour Recovery's main facility is located in NE Minneapolis; this location is simply an overfill
site for additional vehicles. There are approximately 60 to 80 vehicles on site per month. There is
no normal business activity with the public conducted on site. This application is for a CUP for
automobile storage without the office component.
lYlhat is being proposed?
Mike Janson's purchased the property in 2021, and the prior owner did not pull any permits for the
site. Mr Janson has been working with the city to ensure all applicable permits are applied for, and
zoning ordinances are complied with.
Mr. Janson is installing an 2,100 sq. ft. entrance with approximately 400 sq. ft. of rock, and
improving the parking with impervious surface acceptable to City standards. The addition of two
stormwater ponds will be constructed on the NE corner and Southern portion of the property to
properly manage stormwater runoff. The temporary office will be removed as there is no office
activity conducted on site.
Hon., is the request consistent n4th the City of Elk River Comprehensive Plan?
The Land Use map guides this parcel as Industrial, and the parcel is currently zoned I-3, which is
consistent with the City of Elk River's Comprehensive Plan.
Hours of Operation
This business is not open to the public; the property is used to temporarily park vehicles. There are
no hours of operation for the storage facility seeing as it is not open to the public.
Number of Employees
11th Hour recovery has fifteen employees, ranging in salary from $46,800 to $150,000 per year, or
$24 to $75 per hour. All employees are full-time and headquartered out of the NE Minneapolis
headquarters.
Number ofparking stalls, existing and additional
Approximately 43,560 square feet will be resurfaced.
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A TIE ETA AND EITHER AIEAA ADIACENT TO THE PI.ECT MOST BE
SEDMENT
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INIMPE OILDOEIMPACTS (EEG., NGnIVE SEDIMENT IN STREETS COULD BE WASHED INTO STORM AWERI BY THE NEaT RAN AND/oR POSE A
MANNERANDM SAFETY HAZARD TO USERS OF PUBLIC STREETS)THE CONTRACTOR AND THE 0 'NEI ARE TIN 'I' I I "' ED TI 1 10 'HE MPCA AND THE ITATE A NOTIRE AT TERMINAL- AFTER ATE HAI BEEN ITABILIFEA OONIFI1OFIAN HAS ENDED
RV (SINGL,IF TES)GTO NlIEEIIEITNEAT NG
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D5CHARGE TO STRIACE "'T N CAL' MIST BE SELECTED THAT A ATE I' AN I I AS I I X A DUN A CFO
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COVERPRODUCTS OR WASTES WHICH AN I No Do OF CON AM N I RM ME I To E HARD A, NOT EL P BE 6" E M ENT,
A N ACCORDANCE OFF THE PERMIT, 11ILDINA PRGDllLI THAT HAVE THE POTENTIAL TO LE4GH POLLILANTI MIST BE INDEI HE TIC SHEETING OR TEMPORARY LOOPS( To
S ER COVER HEAT. PLASTIC
OFJ TV PRESENT THE DISCHARGE AT EERoR PROTECTED A' SIMILAILI EIIED MEAND DEAWNED TO MINIMIZE CONTACT WITH ITRIMSEELEI
PIE _=ANOEADIDT�HVT
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'TARIFF AREA' 'HALL BE PIE OVIDED TO PREVENT VANDILIAM ATRFIA.E AND DMP011L 11 HARAID101 WRITE IR HAZAIDOII MATEMALI ITALL BE IN COMPLIANCE WITH MINN I PH 7FIG11
A IN ACCORDANCE WHO THE PEIMIT, GOES WAITE SHALL RE ALCIED, COLLECTED AND MIIPGIEI GO PINPEPLI IN CIMPLIGNSE ITH MINN. I CH IPIR
I I AGO I I TO THE HE IMIT, ALL Po RIAILE III I I' DIED IN I TE ITALL BE MIATICNED AS THAI THE' AIR CE101E AND WILL NOT RE HOPED .1 ININIEG OVER IANULARI WAITE
SHALL RE D=I
I I ACCORDANCE WHO THE PEIM,. IOELING AND MANTENANDE 01 EIO PRINT 11 VEH ILES AND PC IF AN EVEN' ON AND IESPINSE THE IONTIAITRI SHALL TRIP REASONABLE STEPS TO
PREVENT THE DSCHARGE o' IP LLED OR L�RAAIMD IH�EMAILALI DNA FUEL FROM AN Y AREA RE CHMICA I, OR I I E I SOL BE LEADED OR 'PLEADED POLL IN A THE US E P, DR A PAN, OR
:D TH„ MEAAOD WHERE DLE IIE. IEIOVElED IPILLED MATERIAL= THE CONTRACTOR SHALL REPORT AND GLEAN
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oN
PAIN IN A`C`FDANAAE US TO AMATERIALS) RELATEDNA
oN G NTH NCzaRHA .. ITAL� INA,RAIN BCRI*IceNNAee`ns INDENT NAv a wE:NALNLD, REED AREAS AS
'NAL RTABLZA`ON "LL INC LODE THING AN NEEDED, PLACEMENT AT T.PIEAL. ONAL GIADIND. AND I'll ESTABLISHMENT. ALL I'll EITABLINHIRENT SIT INCLIDE SEES IND MILIN .1 THE
THE AREA AlOIND THE .11NDING SIT RE CIIIAIED Al NOTED IN THE ER -AN IONTREFL PLAN
THE ASCII ITIl ITALL ENITIE FINAL ITANLIZATURN AT THE SHE IN ACC.IDANCE SITH THE IEIMIT FLAT ITAMILIZATIN 11 NOT COMPLETE INTIL ALL 111EPENLI AT FAST 11 ARE
BAIINI THAT ARE I, BE "ED A, PERMANENT SAFE, ,ALI, A ANAGE A IN I BASN I H AVE BE I CLEANED 0, A I ACECM ILAZACENDLANT ATI
PI (SIC FENCE) HAVE MOVED AN THE PORTIONS OF THE SAE FOR WHICH
THE GGNTRACTORs /PRE RESPONSBLE. BMPS HE_
TO DECOMPGSE IN
STE CC"H AI IOME COMPOST LOGS) MAY FRE LEFT IN PLACE_
CLIENT
11TH HOUR
RECOVERY
PROJECT DESCRIPTION
ELK RIVER
9672 163RD AVE NW
SITE DEVELOPMENT
CITY ELK RIVER
STATE MINNESOTA
ISSUE DATES
0
PROJECT NO 23011
DRAWN ev. MAS
CHECKED RV AIS
DRAVNNR TITLE
DETAILS
I Ih HourTowing
Conditional Use Permit
Automobile Storage
15-856-0105
C
i
11 th Hour Recovery
Conditional Use Permit
` • IY AR
i J6 a
-ter 15 �0 113 -1411 " N•,.
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1 16lid Avenue Norri:v:--�!
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Case No: CU 23-04
Elk
River
Background
■ Establish an automobile storage yard
■ No repair or office space
■ Utilize existing fenced area
■ Construct required stormwater improvements
■ Delineate parking and drive areas outside of the fence
■ Cars can
be
delivered
at all hours of
the day.
■ Vehicle
pick-ups
and
transfers occur
during
regular
business
hours.
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162ND AVENUE NORTHWEST
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Zoning Ordinance Compliance
■ Previous owner established use without permits
■ Active code enforcement history
■ Required updates to meet ordinance standards
■ Stormwater
■ Approved paving/gravel
■ Curbing outside of fence between road and gate
■ Removal of office structure
■ Parking on vegetated areas
■ Conditions of approval require updates completed by
0 June 30, 2023
CUP Requirements
■ Staff's analysis of the application shows that with the eight
recommended conditions the use will meet the standards
required for approval.
■ Most conditions relate to code compliance concerns.
Planning Commission
■ No one spoke during the public hearing, but staff has taken a
phone call supporting the sites clean-up and improvements.
■ The commission unanimously recommended approval.
Action Requested
■ Approve, by motion, the CUP with the eight conditions
outlined in the memo
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