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6.4. SR 09-18-2006 - City of EI --- River City of Elk River REQUEST FOR CITY COUNCIL ACTION Agenda Section Meeting Date Plannin Se tember 18, 2006 Item Description CU 06-24 3 Wa Pro erties Applicant 3 Wa Pro erties Item Number 6.4 Prepared by erem Barnhart, Plannin Reviewed by Location 16112 Jarvis Street NW Introduction The applicant seeks approval to create a fenced in enclosure for the purposes of outside storage for their tenant, an excavatmg company. Attachments . Request for Action Location Map Memo from City Engineer Memo from Environmental Administrator Correspondence from applicant Site plan . . . . . Action Requested The Planning Commission is recommending approval with the conditions as outlined. Planning Commission Action Motion by _ Second by _ Vote Follow Up Page 2 Kober/ 3-way excavating Zoning: Adjacent Zoning: 12 - Medium Industrial Land Use: Adjacent Land Use: Medium Industrial N - 12 - Medium Industrial E - 12 - Medium Industrial S - 12 - Medium Industrial W - 12 - Medium Industrial Site Area: 4.79 acres N - Medium Industrial E - Medium Industrial S - Medium Industrial W - Medium Industrial Parking: Required: 7 stalls* Proposed: 8 stalls Landscape: Required: 25 overs tory; 12 ornamental; 13 deciduous Proposed: 0 overs tory; 0 ornamental; 0 deciduous Conforms: Land Use Plan - Yes Zoning Code - Yes Subdivision Code - Yes, with conditions 60 Day Rule: Action must be taken on this request by November 5, 2006 Overview 3 Way Properties are proposing to create a fenced-in area to serve as outside storage at property located on 161 st Avenue. The outside storage area will house machinery and supplies for their tenant, Kober excavating. The applicant is not proposing a new building or building addition, and will use the existing building on site. Proposal The applicant is proposing to construct a 6-foot high, chain link fence around the rear of the property to create the outdoor storage area. The attached site plan shows the location of the proposed fence. Barbed wire is not proposed. Staff has a couple of suggestions based on the proposed fence location. The fence and storage area appears to encroach into the required front yard. A setback of 30 feet from the front property line must be maintained. The fence also appears to encroach into the required 25-foot buffer adjacent to wetlands. The fence and ground treatment should be removed from this area. No changes to the building are proposed. S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\StaffReport to Council.doc - Page 3 Kober/ 3-way excavating Parking and Circulation Access. Access to the site will be provided off of a newly extended 161st Avenue, from Jarvis street. The plan shows three access locations. Parking. The parking requirements for the property are based on the amount of office and warehouse/ garage space. It is estimated that the office is about 1000 square feet, and the garage/ warehouse is the remaining balance. The parking requirements, using these assumptions, are as follows: Office Garage/warehouse 3/1000 square feet .5/1000 square feet 3.33 spaces 3.33 spaces, or 7 total spaces Landscaping The applicant proposes the introduction of ivy to the fence, which, once established, will provide natural screening for much of the year. In the winter, with the leaves gone, the matting of the vines will help provide some screening, but will not be as effective as it will be during the growing seasons. No other landscaping is proposed. The landscaping requirements for the subject property include the need for 50 trees. Staff would recommend that 5 over story trees be added to the front yard of the property, and 15 evergreen trees be added along the outside of the fence to provide screening. With the ivy, this will constitute approximately one half of the landscaping requirements, which appears to be consistent with the scale of improvements proposed. Grading. Drainage and Utilities No new utilities are proposed. It is understood that the property uses the well of the adjacent structure. If this is the case, the applicant should drill a new well on their property for their use. The attached engineers comment letter addresses grading concerns, which, in summary, suggest berming to ensure the surface water drains to the pond, rather than the wetland. Other comments are outlined in the memo, and should be addressed. Outside Storage The use of secure outside storage areas is critical to some businesses, particularly those that use large machinery and work with materials that need not be stored indoors. However, this need is balanced with preserving the neighborhood character. A recent site inspection found several apparently non business related items on the property. It is suggested that the boats, food trailer, modular home, and inoperable vehicles currently stored on site be removed, and the outside storage be preserved for equipment necessary for the operation of the business. S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\Staff Report to Council.doc Page 4 Kober! 3-way excavating Standards for Issuance of a Conditional Use Permit (Section 30-654) The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Wd! not endang;r, injure or detrimmtaJly affcr:t the use and enjoynRnt of other property in the imm<<liate vicinity or the public health, safety, marals, canfort, ronrx:niRnce or lff!J1EYal uxlfare of the neif/J1:mfxxx1 or the city. With proposed conditions/ stipulations, the adjacent properties do not appear to receive any negatIve unpact. 2. Wd! be consistent with theamprehensir.eplan. The use is consistent with the comprehensive plan, which guides the property for medium industrial. 3. Wd! not imp<<Je the rumnal and orderly der:e/opnent and impruwnmt of surrvunding7.UCtl17t property. The preservation of the street right of way means the surrounding area will develop independent of the subject request. 4. Wd! be sernd adequately by and will not adw-sely affcr:t essential public facilities and senices induding strrets, police and fire prota:tinn, drainage, refUse disposal, w:der and secrer systfmS, parks and schools; and uill not, in partim/ar, C'fet;l/:e tr4fic ~ or inteiference with tr4fic on adjacent and neif/Jlxmng public tharatHares. With the development of an on site well, and adjacent public street, there should be no other impacts of essential public facilities. 5. Wd! not ~ uses, activities, prrx:esses, materials, equiprrxnt and ronditions of operation that will be cIetrUnmtal to any persons or property brrause of excessic:e tr4fic, noise, smoke, fiones, glare, odors, dust or 7ibrations. Based on the review of the site plan, it does not appear that the neighboring properties will be subjected to activities that are of a negative nature, including noise, smoke, fumes, odors, etc, provided the screening and setback conditions are adhered to. 6. Wd! not result in the destruction, ross or ~ of a natura4 scenic or histaric feature ofmajor impartant:E. The wetland buffer as required will help preserve this natural feature. There are no other known natural, scenic, or historic features of the property. 7. Wd! fiJ1y wnply with all other requirements of this Code, induding any applicable requinmmts and sttmdards for the issuance of a lia?nse or permit to establish and operate the prvfXJsad use in the city. I~ does not appear that the applicants are wishing a variance from any requirement of the CIty. 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. S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\Staff Report to Council.doc Page 5 Kober/ 3-way excavating Planninz Commission discussion Staff had worked closely with the property owner to resolve many of the issues identified through the review prior to the Planning Commission meeting. The Planning commission did discuss the following issues: The Planning Commission discussed the approval language for the Conditional Use Permit. There was some concern that any future business would be permitted outdoor storage, including some items that would be inappropriate. The way the CUP is drafted, the property receives the CUP, and any other businesses meeting those conditions are permitted outside storage in perpetuity. Driveway approaches (#4). One of staff's recommendations was to have the approaches paved into the site. At the meeting, the applicant stated he felt that this should be accomplished by the street improvement contract. Staff has since learned that the street project will pave approaches that are currently paved. This will require Kober to pave their approaches, as staff believes those approaches are not paved. Letter of Credit (#8). The applicant asked for clarification of the letter of Credit amount. The letter of credit is used to guarantee the completion of improvements, and is capped at $50,000. The recommendation forwarded to the Council inserts the word "up to" 50,000, which is consistent with City policy. Recommendation Staff and the Planning Commission recommend approval of the Conditional Use permit and improvements for 3 Way properties (16112 Jarvis Street) to allow outside storage for an excavating company as outlined in plans dated September 7, 2006 with the following conditions: 1. All comments of the City Engineer dated September 5, 2006, shall be addressed. 2. The fence and outdoor storage area preserve the required 30 front yard setback from 161st Avenue ROW. 3. The fence and outdoor storage are to preserve the required 25-foot buffer (no touch, no mow) area adjacent to the wetland. 4. At minimum, the front approaches within the right-of-way shall be paved with either concrete or asphalt. 5. A landscaping plan be developed that includes 5 over-story trees in the front yard, 15 evergreen trees, and ivy added along side the fenced area. Landscaping plan shall be approved by staff. 6. The property shall include a well for on site water usage. 7. Only equipment and material necessary for the operation of the business may be permitted to be stored in the outdoor storage yard. No boats, food trailers, modular homes, or inoperable vehicles. 8. A letter of credit in an amount up to $50,000 shall be provided as a guarantee for the completion of the site improvements. Estimates of improvements to include landscaping, ivy, wetland protection and shall be approved by the City Engineer. S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\Staff Report to Council.doc l p\ PI I I I \,\\ \{\ \ \ \ \ ',,~ ", I ,.....'.. I '< y',,\ 'X '\ '~;~J\ '{'x\" .\ , , I ,+, YOUTH ATHLETIC YOUTH ATHLETIC COkIPLEX " x', '.'x", '" \ \;x.". , x. " " ''x',\'', -~\_" " \:\;.~ " X. '\ 'x -', >', /..} -7 ...y "'7-" <<7 "-/ ~ . <-! "'c ' , Q /;P :.;0., /0 ~ AVE I I I o I/l is Location Map Case Number: CU 06-24 KOBER/3-WAY PROPERTIES )65.TH 164TH ] 63RD 1621\JD 16 ST 160TH 'i :J9TH -I 58TH 157TH I :,6TH 155TH ~ ti ~ ~ ~ !E t ~ ; N 8 s ;;j ~ "<! c. ~ ~ o B .9 ~ .!i :i1 ~ <> ~ => y ~ ~ ~ '" '" ~ t!J z 21 ~ u; 1f N MEMORANDUM TO: Jeremy Barnhart, Planning Manager FROM: Terry Maurer, City Engineer ~ September 5, 2006 DATE: SUBJECT:. Kober Excavating/3-Way Properties As requested, we have reviewed the site plan for the Kober Excavating improvement to their property. Based on our review and comments received at the staff review meeting, we would offer the following comments: 1. Any improvement to the site will be required to follow the newly adopted Wetland Buffer Ordinance. Generally, the ordinance requires a 25-foot setback from the wetland boundary with no cut and no grading in this area. This would mean the hard surface, fencing and ponding be shown on their grading plan needs to be pulled back from the wetland boundary. There is also a requirement for signing of the wetland buffer area. 2. Given the type of use of the property and the proximity to the wetland area, it will be critical that the hard surfaced area is graded to drain towards the pond and not towards the wetland boundary. I would suggest that a minor amount of berming at the wetland buffer be included into their site work to ensure that there will be no drainage going directly into the wetland. 3. It is my understanding that they intend to use Class V gravel or similar type material for the area indicated hard surface. I am aware of other industrial sites in the City that have been allowed to use gravel surfaces for outside storage of equipment and materials. However, I have not verified that the City ordinance allows this type of surfacing in the zoning at the Kober site. 4. One of the suggestions received at the staff review meeting is that the applicant submit a general list of equipment and materials that would be stored on the site. 5. Another issue raised at the staff review meeting is a fence over six feet high will require a building permit. Therefore, the type of fencing should be detailed on the final plans. If it is over six feet tall, the building permit needs to be applied and general building permit requirements need to be followed. 6. Under a separate contract, 161 st Avenue will be constructed this year past the Kober site. It is unclear from their site plan how they will deal with the area between the newly constructed street and the start of their future hard surfaced (gravel) area. This should be a green area with gentle berming to ensure that there is no ability for gravel to be washed to the new street. 7. Storm drainage calculations have been submitted, reviewed and approved. 8. A NPDES permit will be required along with a Storm Water Pollution Prevention Plan (SWPPP) in an 8 ;1" x 11" format signed by the engineer, contractor and owner. If you have any questions regarding any of these comments, please contact me. S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\09 05 06 Engr's memo.doc TO: MEMORANDUM Jeremy Barnhart, Planning Manager .f 1d- FROM: Rebecca Haug, Environmental Administrator DATE: SeptemberS, 2006 SUBIECT: Kober/] Way Properties - Office Bui.dine CU 06-24 The above-mentioned site will need to adhere to the city's recently passed wetland buffer ordinance. The ordinance requires a 25 foot buffer strip from the delineated wetland boundary with monumentation at 200 foot intervals along the edge of the wetland buffer strip. Each monument shall state "Wetland Buffer: Under the City Code, no mowing, clearing or removal of vegetation in the buffer area is allowed. Call the City of Elk River for more information." In this area, no mowing, clearing or removal of vegetation will be allowed. Also, no fences are allowed to encroach in this area. If you have any questions, please feel free to call me at 763-635-1068. Thank you. 16112 Jarvis Street N.W Elk River, Minnesota 55330 Office: 763-441-2853 Fax: 763-421-9204 email: kober@pclink.com 3 Way Properties, LLC. DATE RECEIVED ~/111J~ City of Elk River 13065 Orono Road Elk River, MN. 55330 Mr. Jeremy Barnhart September 6, 2006 RE: Conditional Use Permit Application Land Use Application Form Dear Mr. Barnhart; I have received your letter dated September 5, 2006, regarding the conditional use permit application for the existing building at 16112 Jarvis Street NW. Following are my responses to your questions/concerns: 1: Regarding the recently passed wetland preservation ordinance. I am understanding that this ordinance is for new construction parcels only. Ours is an existing building and we are just wanting to correct the lot, not build on it, so this 25 foot wide no touch zone would not apply. 2: I have penciled in the proposed fence line for our property on the enclosed copy of the plan. I have included pictures of surrounding property fences which we are planning on using similar. We are intending on using ivy as the privacy screening. 3: The storage would be used mainly for materials used in our business including but not limited to pipe, fittings, equipment and trailers etc. If there is any other items needed or any suggestions you may have please contact me at 763-441-2853. Thank you. Sincerely, Glen Haugen Enc: Cc: file The intention of use for property located at 16112 Jarvis Street NW, Elk River is as follows: Offices, shop and outside storage for construction company. Hours of operation: M-Sa 6:00 a.m. to 8:00 p.m. Number of employees on the working on the premises 5, total of25 employees working on various work sites throughout the metro area. Number of parking stalls existing: 10 Number of parking stalls additional: 6 Signage: proposing sign to be on the front of the building, wood or metal material approximate size to be 4'x8' Rental space for future outside storage: There is no new building to be considered in this application. There are no tree removals involved with this application, there is however a large amount of grading to be completed as stated on the site plan and grading plan that is on file. We have stockpiled a large portion of the material onsite that will be used to complete this. Several surrounding properties have this type ofland usage. Examples: E. H. Renner Well, EJM Pipe, All City Sweeping, Collins Brothers Towing. For full utilization of the property the following needs to be completed: Site Grading which is on file with the city Storm Pond which is on file with the city Landscaping, we need to know the city's criteria for preparing a plan Fencing which is on file with the city We would like to complete the grading portion in connection with the construction of 161st Ave \yhich runs on the south side of our property. It is our understanding will be completed this summer. Site plan grading to be completed fall 2006 Construct a storm pond fall 2006 Class 5, fence and landscaping to be completed in 2007. We need to have the City of Elk River's criteria for the landscape portion. These are the items we would like to have considered in the Conditional Use Permit Application and Land Use Application. 3 Way Properties, LLC 16112 Jarvis StreetN.W. 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