4.4. PCSR 06-27-2023
Request for Action
To Item Number
Planning Commission 4.4
Agenda Section Meeting Date Prepared by
Public Hearings June 27, 2023 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Collins Brothers Towing, Inc. – Phil Collins, 16234 Zack Carlton, Community Development Director
Jarvis St. NW
Reviewed by
Conditional Use Permit to construct a truck
terminal and permit outdoor storage,
Case No. CU 23-13
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. All outdoor storage shall follow Section 30-807 regarding
screening.
2. All comments outline in the Letter of Complete dated June 14,
2023, shall be addressed.
3. The office hours of operation shall be limited to 7:00 a.m. –
5:00 p.m.
4. The parking and driveway area outside of the fenced area shall
be bound by B612 curb and gutter.
5. All parking and driving areas must be finished with an
approved surface – bituminous, concrete, or compacted class 5.
6. All areas not identified for parking or driving areas shall be
maintained as turf grass in accordance with city standards.
7. Outside of short-term staging requirements, there shall be no
storage of vehicles outside of the approved storage area, to
include the city street, exterior parking area, and landscaped
areas.
8. Staff approval of all site and civil plans.
Background/Discussion
The 2.5-acre property is zoned I-3 (General Industrial) where truck terminals and outdoor storage require a
Conditional Use Permit (CUP). The applicant is seeking a CUP to build an additional building (~13,000 sq. ft.)
and provide outdoor storage for their towing business. The ~11,300 sq. ft. building be utilized for
vehicle/equipment storage, service, and maintenance. There will also be 1,600 sq. ft. of office, breakroom, and
restrooms.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
The proposed post frame building is will be finished with prefinished metal panels and they also plan to update the
siding on the existing building to match the proposed building.
Office hours are 8:00 a.m. - 4:30 p.m. and only by appointment on weekends. They currently have 11 full-time
employees and 3 evening/night drivers.
Public Comments
Staff received a comment regarding the use of the public street by the applicant for their operations.
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.
The properties west of Jarvis Street in the area are also zoned industrial with the properties east of Jarvis,
located in Ramsey, zoned residential. Nearby parcels are developed as outdoor storage, mini-storage,
other industrial uses, and the Youth Athletic Complex. 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.
Staff do not see a need to impose specific conditions to satisfy this standard.
2. Will be consistent with the comprehensive plan.
The property is guided as Industrial. The industrial use category includes both heavy and light industrial
businesses such as manufacturing, warehousing, and excavation. These uses are primarily located off of
Highway 169, Highway 10, and the BNSF Railroad which provide easy access for the transferring of
goods throughout the region. The use will be consistent with the comprehensive plan.
Staff do 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.
Three of the four adjacent parcels are developed and include outdoor storage and the adjacent vacant
parcel is owned by the same property owner as one of the outdoor storage parcels. Nearby parcels are
developed as outdoor storage, mini-storage, other industrial uses, and the Youth Athletic Complex. The
use will not impede the normal and orderly development and improvement of surrounding vacant
property.
Staff do not see a need to impose specific conditions to satisfy this standard.
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.
If the public street/right-of-way is not utilized for the applicants’ operations, 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 recommends 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.
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.
The proposed additional building is intended to be utilized to move much of their operation indoors and
out of sight. Noise generated by vehicle maintenance could adversely impact the residential neighbor to
the east. With the recommended conditions, 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.
Again, staff recommend there shall be no storage of vehicles outside of the fenced area and exterior doors
and windows shall be closed when any service and maintenance occur to company vehicles/equipment.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
There are no scenic or historic features of major importance on the subject parcel. Areas outside of
parking and driving areas likely will be disturbed with construction.
Staff recommends all areas not identified for parking or driving areas shall be restored and maintained as
turf grass in accordance with city standards.
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.
All parking and driving areas must be finished with an approved surface – bituminous, concrete, or
compacted Class 5. The parking and driveway area outside of the fenced area shall be bound by B612 curb
and gutter. 2. All comments outline in the Letter of Complete dated June 14, 2023, shall be addressed.
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
Help, not hinder citizen quality of life
Attachments
Location Map
Applicant’s Narrative
Aerial
Drainage Plan
Building Exhibits
Section 30-807
Letter of Complete dated June 14, 2023
Created: 2023-03-07 12:38:51 [EST]
(Supp. No. 57)
Page 1 of 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:
(i) Wood;
(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)
Phone: 763.635.1000
www.ElkRiverMN.gov
June 14, 2023
Phil Collins VIA EMAIL: collinsbrotherstowing@izoom.net
Collins Brothers Towing
16234 Jarvis Street NW
Elk River, MN 55330
RE: Conditional Use Permit Application Complete, Case No. CU 23-13
Dear Mr. Collins:
Thank you for your application for a Conditional Use Permit (CUP) for construction of a truck
terminal and outdoor storage located at the address listed above. I will be reviewing your
application and preparing the staff report for the Planning Commission and City Council.
On May 19, 2023, the city received your application for the above use. Per Minnesota State Statute
§15.99, the city is required to decide within 60 days of receipt of the completed application. Subd. 3
of that section requires the city to notify an applicant within 15 business days if information is
missing, delaying the start of the 60-day review period. A city may extend the 60-day review period
up to 120 days to complete the review.
With the receipt of the required materials on May 19, 2023, the application for a CUP has been
deemed complete, and the 60-day review period starts. This application has been assigned Case
Number CU 23-13 and is scheduled to be reviewed by the Planning Commission on June 27, 2023,
at 6:30 p.m. at the Elk River City Hall, 13065 Orono Parkway. With a Planning Commission
recommendation on that date, the City Council will review your application on July 17, 2023, at 6:00
p.m. at the Elk River City Hall.
Staff conducted a thorough site plan review on June 5, 2023, and has the following comments:
Building
A building permit requires building plans to be designed and signed by a licensed architect and
licensed engineer as well as a survey from a licensed land surveyor.
Mechanical plans will need to be designed by a licensed mechanical engineer.
Plumbing plans will need to be submitted to the State Health Department for review.
Commercial parking garages exceeding 5,000 sq.ft. will need to have a fire suppression system
per IBC903.2.9. Your architect will be able to assist with options on this code requirement.
Floor drains are not allowed to be connected to a septic system. Must be connected to holding
tank.
Keep traffic off the proposed septic drain field area. Surface drainage shall be diverted away
from the absorption area of the drain field.
Engineering
The site must meet all storm water management requirements located in the ordinance. Your
surveyor will be able to assist with options on these code requirements.
ERMU
Electric load sheet needs to be provided for transformer sizing and ordering, currently there are
long lead times for transformers.
Transformer location needs to be reachable from a hard surface.
Please let me know if you have any questions.
Sincerely,
Chris Leeseberg, Senior Planner
Ph: 763.635.1033
cleeseberg@ElkRiverMN.gov