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7.2. SR 05-20-1996ITEM 7.2. ity of MEMORANDUM ver TO: FROM: DATE: Mayor and City Council Scott Harlicker, Planning Assista~ May 20, 1996 SUBJECT: Request by Kober Excavating, Inc. for Conditional Use Permit, Public Hearing Case No. CU 96-5 Request Kober Excavating Inc. has requested a conditional use permit for outdoor storage. Location 16110 Jarvis Street NW, Elk River, Mn. PID# 75-013-1405, Section 13, Twp. 32, Range 26. Zoning/Land Use 12 (Medium Industrial) / MI (Medium Industrial) Attachments · Report to Planning Commission dated April 23, 1996 · Landscape plan Overview The Conditional Use permit request will allow the applicant, Kober Excavating, to have outdoor storage of some material and equipment in connection with the operation of the excavating business. The current owner of the property, Roger Johnson, resides on the property and until just recently, operated a metal fabricating business in the existing shop and had outdoor storage of materials; he plans to continue to live in the residence while Kober Excavating leases the shop and outdoor storage area. The applicant and Mr. Johnson are planning on subdividing the property into two lots with the applicant purchasing the shop and outdoor storage area on one lot and Mr. Johnson retaining ownership of the residence on the other. The applicant is tentatively planning on purchasing the property in the fall of 1996. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City CounciFCU 96-5 May 20, 1996 Page 2 I$$i~e$ The shop and residence are currently served by a gravel drive. The applicant is proposing 12 foot wide paved driveway and a paved parking area that will accommodate four parking spaces. Two mature pine trees, bushes and a split rail fence would have to be removed if a wider driveway is required. The applicant has indicated that the class five material located at the east end of the shop, between the shop and residential garage, will be removed and replaced with grass except for a 20 foot wide drive area that will allow access to the east end of the shop. Screening will be provided in the form of a fence and landscaping. The applicant has not submitted details of the fence or a landscaping plan. The Zoning Code requires a minimum five foot high 100% opaque fence and 25 trees. Staff is suggesting that in order to best supplement the screening provided by the fence, a majority of the trees should be pine trees. The applicant has requested that the he be allowed to phase the improvements to the site. He would like to delay completing the improvements until this fall, after the subdivision has been finalized. Planning Commission Meeting At the April 23, 1996 Planning Commission meeting, the Commission recommended approval of a Conditional Use Permit to allow outdoor storage as part of the applicant's excavating business. No one spoke at the public hearing. The Commission discussed the width of the access and expressed some concern regarding the ability of the 12 foot wide driveway to accommodate any likely increase in traffic generated by future expansion of the business. In a related matter, once the property is subdivided an easement will be required to allow Kober Excavating to continue to use the paved driveway; there was concern that the width of the easement should be enough to allow for future widening of the driveway. They were also concerned about allowing outdoor storage prior to the fence being installed. In order to address that issue, as well as the phasing of the installation of the pavement, the Commission recommended that the applicant provide a letter of credit to cover the cost of the fence and pavement, to be released upon completion of those improvements. Recommendation The Planning Commission recommended approval of a Conditional Use Permit request to allow outdoor storage for Kober Excavating located at 16110 Jarvis Street NW with the following conditions: s:kplanningkscottkcu96-Scc.doc Memo to Mayor and City Council/CU 96-5 May 20, 1996 Page 3 1. Any expansion or upgrading of the shop or outdoor storage area will be cause to revisit the site to ensure that there is adequate parking and access. 2. The approved fence, landscaping and paving shall be completed with in two months of seasonable weather after the subdivision is completed. 3. Should parking problems occur, the applicant shall install the demonstrated parking area at the City's request. 4. Provide a revised site plan showing either grass or paving in the area between the shop and the residential garage prior to occupying the site. This shall include a minimum of 10 feet of grassed area between any pavement and the property line which is proposed between the two buildings. 5. The applicant shall post security for the fence and pavement prior to outdoor storage being used. 6. At the time of subdivision, the applicant shall include a minimum 24 foot wide driveway easement over the existing driveway. s:XplanningkscottXcu96-5cc, doc '~:ty of ITEM 5.2. 'vel' TO: FROM: DATE: MEMORANDUM Planning Commission Harlicker, Planning Assistan~ Scott April 23, 1996 SUBJECT: Request for Conditional Use Permit by Kober Excavating, Inc., Public Hearing Case No. CU 96-5 Request Kober Excavating Inc. has requested a conditional use permit for outdoor storage. Location 16110 Jarvis Street NW, Elk River, Mn. PID# 75-013-1405, Section 13, Twp. 32, Range 26. Zoning/Land Use 12 (Medium Industrial) / MI (Medium Industrial) Attachments · Location Map · Site Plan · Letter from applicant dated 4/16/96 Existing Conditions The property is zoned I2 (Medium Industrial) and the surrounding properties are also zoned I2. The property contains a house, small garage and two storage sheds. To the rear of the house and garage is a shop facility and outdoor storage area. The area around the shop and the area used for outdoor storage are surfaced with class 5 aggregate. The adjacent properties to the south have a residence and a metal pole barn; the property to the north is a residence; the property to the west is vacant and to the east is Jarvis Street with residences on the east side of Jarvis. Other industrial uses in the area include Renner Well 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to Planning Commission/CU 96-5 Page 2 April 23, 1996 Drilling, Hopkins Pipe, Metro Gravel to the south and a machine shop to the north The property is 9.2 acres in size; the shop and outdoor storage area, house and garage are on the south end of the parcel. The north half contains a wetland, pond and small cornfield. The north half is also lower than the south half; there is a four to five foot drop in elevation. There is a significant row of pine trees along the rear or west property line that serve as a wind break and screen the shop and storage area from the property to the west. Background The current owner of the property, Roger Johnson, lives in the house and uses the garage and storage buildings as accessory structures. Mr. Johnson, until just recently, operated a metal fabricating business in the existing shop and had outdoor storage of materials; he plans to continue to live in the residence while Kober Excavating leases the shop and outdoor storage area. The applicant, Kober Excavating, and Mr. Johnson are planning on subdividing the property into two lots with the applicant purchasing the shop and outdoor storage area on one lot and Mr. Johnson retaining ownership of the residence on the other. The applicant is tentatively planning on purchasing the property in the fall of 1996. Evaluation of Request · Access and parking A 12 foot wide paved access will be installed. The shop and house are currently accessed with a gravel drive. The improved driveway will comply with the required 10 foot setback from the property line. Staff initially recommended a wider drive. However, because of the limited amount of traffic that will utilize the driveway and the site limitations, there is an existing split rail fence and several mature pine trees that would have to be removed ff the driveway was any wider, the applicant is proposing a 12 foot wide driveway. Staff believes that the driveway as proposed should be sufficient to service the existing facility; expansion of the shop or storage area may require a wider access. The applicant is proposing a paved parking area, with four parking spaces, on the south side of the shop adjacent to the fenced in storage area. The apphcant indicated that their are few visitors to the shop and the majority of the employees go directly to the construction site; only the office person, mechanic are in the shop on a regular basis. There is room to provide additional parking if parking becomes a problem and the applicant should indicate on the site plan where the demonstrated parking would be located. One option would be placing employee parking inside the fenced storage area. s:\planning\scott\cu96-5.doc Memo to Planning Commission/CU 96-5 April 23, 1996 Page 3 The outdoor storage area will be class 5 aggregate. The applicant is also proposing to keep the existing class 5 on the east side of the shop, between the shop and the residential garage. If this area is to be used to access the shop, it should be paved. If no access is planned from this side, the class 5 should be removed and replaced with grass. Since the plan is to subdivide the lot and in order to comply with the 10 foot setback requirement for parking, loading or drive aisle, a minimum ten foot wide grass area should be provided between the proposed property hne, which will be located between the shop and the residential garage, and any pavement. · Screening The applicant is proposing to screen the outdoor storage area with a fence. However, he has not indicated what type of fence will be used or how high the fence will be. The zoning code requires the fence to be 100% opaque and not less than five feet high. A six foot high stockade fence would comply with the fence requirements. Landscaping is also required and should be used to supplement the screening that the fence provides. The Zoning Code formula for the required number of trees is the perimeter divided by 40 equals the number of tree required. Based on the perimeter of the described area, in this case the width was measured from the south property line 200 feet to the proposed fence on the north side of the building and the depth from the west property line 300 feet to the proposed property line east of the shop, 25 trees are required. The applicant has not provided a landscape plan. In order to best screen the storage area from affected properties and the road, most of the tree should be coniferous with three or oaks or maples to add some diversity. To provide the most efficient screening, the conifers should be planted along the south property line and the north side of the storage area. · Phasing The applicant has indicated that he would like to phase the improvements to the site. In his letter dated 4/16/96, he indicates that they would like to delay completing improvements until this fall, after the subdivision has been finalized. This does not seem unreasonable for the landscaping and paving. However, staff would like to see the fence installed prior to them utilizing the outdoor storage area for storing any equipment or materials. Recommendation s:\planning\scott\cu96-§.doc Memo to Planning Commission/CU 96-5 Page 4 April 23, 1996 This request was compared to the seven criteria listed in Section 900.20 of the Zoning Ordinance and it was found to be in compliance with those criteria. Staff is recommending approval of the conditional use permit for outdoor storage to be located at 16110 Jarvis Street with the following conditions: 1. Any expansion or upgrading of the shop or outdoor storage area will be cause to revisit the site to ensure that there is adequate parking and access. 2. The applicant shall submit fence details and a landscape plan for approval prior to the issuance of the conditional use permit. 3. The approved fence shall be in place prior the utilization of the outdoor storage area and the landscaping and paving shall be completed by October 31, 1996. 4. Should parking problems occur, the applicant shall install the demonstrated parking area at the City's request. 5. Provide a revised site plan showing either grass or paving in the area between the shop and the residential garage prior to occupying the site. This shall include a minimum of 10 feet of grassed area between any pavement and the property hne which is proposed between the two buildings. s:\planning\scott\cu96-5.doc 166TH 165TH City of ver 13065 Orono Parkway · RO. Box 490 Elk River, MN 55330 LOCATION LOCATION MAP CASE: CU 96 - 5 164TH 163RD 162ND'" 160TH 159TH 158TH 157 TH / / ,,./.- 730' I Procx)$ecl ! B~t.ummous i SHOP ,~; ~,-~-/~-/~, /,FCAI,: S 73~ot~ 550' of me SE l/4ofN~ ~/4Sec 13. Two 32.~ 26 730' 16110 JARVIS STREET 9~'H'~'On%'~t 3eS ~/t 3'N~O~/t 35 eqll° ,OCjCj 31o,ol~z $ : ~i¥9',J~] 30N3d GBSOdOWd 0 30N3:19NI_I. SIX3 dOH$ ~~' snou!~n),!~ I pasodo~d ale9 ~t / / ,O~Z Tuesday, April 16, 1996 Kober Excavating, Inc. Utility Contractor Municipal VVater and Sewer Septic Systems - Grading City of Elk River 13065 Orono Parkway P.O.Box 490 Elk River, Minnesota 55330 RE: Conditional Use Permit To Whom it May Concern; For property located at: Section 13, Township 032, Range 26: As noted on site plan, proposed fence and asphalt driveway is scheduled to be completed after we purchase this property which is tentatively fall of 1996. Allen LaFontaine Office (612)441-2853 o Fax (612)421-9204 26406 9th Street West, Zimmerman, bin 55398