6.1. PCSR 03-10-2009City of
Elk.
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 6.1.
Agenda Section Meeting Date Prepared by
Plannin Items March 10, 2009 Chris Leeseber Park Planner-Planner
Item Description Reviewed by
Request by Metropolitan Gravel for Conditional Use Permit to erem Barnhart, Plannin Man er
amend existing CUP to include truck/trailer storage at 15683 Reviewed by
Jarvis Street, Case No. CU 09-07 -Public Hearing
Action Requested
The Planning Commission and Council have two options. If the Planning Commission and City Council
determine that the proposed outside storage is acce~ to the existing (by conditional use permit) truck
repair use, staff recommends the Planning Commission recommend approval the conditional use permit,
subject to the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required building permits.
2. A minimum 20 foot wide fire lane shall be maintained around the primary building.
3. Landscaping on along the south and west property line shall be on the outside of the
fencing.
4. A landscape plan, providing trees at a ratio of one tree per 40 feet of lot perimeter
shall be approved by the City.
5. As a guarantee the improvements are completed, a Letter of Credit in the amount of
$50,000 shall be established prior to the storage of more than five trucks.
6. If more than 20 tractor and/or trailers are desired, the applicant shall apply for an
amendment to the Conditional Use Permit.
7. All maintenance or body work shall take place indoors.
8. Truck tractors shall not be left outdoors while idling.
If the Planning Commission and City Council determined that outside storage is an expansion of the
business, staff would recommend denial due to expansion of a nonconforming use.
Bacl~ground/Discussion
The property has been zoned I1 since at least 1980. The I1 zone does not allow truck repair as a
permitted or conditional use, but does allow outside storage accessory to a principal use. The I2 zoning
district specifically lists bus, truck and implement storage, maintenance and repair as a Conditional Use.
The property has been zoned I1 since 1982. Bus, truck and implement storage, maintenance and impair uses are
not allowed in the I1 zone. Nevertheless, the property has been issued conditional use permits (CUP's)
and amended CUP's for repair and outside storage as far back as 1991.
Case File: CU 09-07
Page 2
• 1989 -Approved CUP for truck terminal
• Sept 16 1991 CUP Issued to add truck repair
• June 21 1993 Amend CtTP to add pole shed
• Aug 16 1993 Sell Truck Boxes (withdrawn)
• October 1997 Amendment to allow Second Principal Structure
Metropolitan Gravel Company
Because these CUP's have been approved, and the business has complied with the terms of the CUP's,
the business is currently a legal nonconforming use. This means that the business can stay, but cannot be
expanded. If the proposed outside storage is merely accessory to the existing nonconforming use, it can
be approved by conditional use permit. If the outside storage is interpreted to be an expansion of the
existing use, it is not allowed and the CUP should be denied.
Attachments
• Location Map
Memo from the Fire Chief dated February 4, 2009
Applicant's Narrative
• City Council Minutes and Conditional Use Permits
1982 Zoning (partial)
List of Activities Carried out in the Building
• Letter of Support from Raymond Renner
• Site Plan(s)
Exhibit A
Exhibit B
• Exhibit C
General Information
Applicant Metropolitan Gravel Company
60 Day Rule The application has been deemed complete as of February 5,
2009. The Ci must take action by March 26, 2009
Requested Action Conditional Use Permit for Outdoor Storage
Location and Size Approximately 4 acres north and east of Highway 10 and Jarvis
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Industrial Light Industrial I1
North Industrial Light Industrial PUD
SOUth Commercial Highway Business C3
East Industrial Light Industrial I1
West Industrial Light Industrial I1
S:\PLANNING MAIN\Case Files\CUP\CU 09-07 Metropolitan Gravel\CU 09-07_PC.doc
Case File: CU 09-07
Page 3
Metropolitan Gravel Company
Overview
The applicant is requesting a Conditional Use Permit for outside storage at an existing truck and
trailer service/repairs business. The applicant currently stores approximately 5 tractors and 8-10
trailers a day. They are proposing storing up to 25 tractors and 30 trailers one the site at any given
time.
Analysis
Exhibit A shows 28 tractor/trailers on the site in the area shown by the applicant's site plan. The 30
trailers the applicant is proposing might be too many as it would require the parking of trailers in
front of existing buildings or possibly in vehicle circulation areas. Staff would recommend that no
more than 20 tractor and/or trailers be allowed on site.
ComRrehensive Plan
The Light Industrial category includes industrial uses that are lower in intensity of activity. These
uses limit the potential for adverse impacts on adjacent land uses due to factors such as noise and
odor. Examples of Light Industrial uses include offices, enclosed storage and warehousing, research
laboratories and light manufacturing.
It does not appear the proposed use is consistent with the comprehensive plan which spells out uses
that are lower in intensity of activity.
Transportation
Access to the site is currently on the west side of the property off of Jarvis Street. Gateway Road
right-of--way does transverse the entire south property. This road in the future could be the main
access to the site and surrounding area, especially with limited Hwy 10 access envisioned by the
Interregional Corridor (IRC) plan. This road will eventually be a frontage road along the highway
and act as a significant route into the city, specifically for the properties between the highway and
railroad tracks. The road will be a separation point separating the industrial properties on the north
side with the commercial properties on the south side.
Landscaping
Throughout the Conditional Use Permit history of this property, it appears the landscaping
conditions have been ignored by the past applicants. The 2006 aerial does not show many trees
around the site. The ordinance requires one tree per every 40 linear foot of property line. This is
the same calculation that was used on the CUP in 1991. The subject property has 1,750 of property
line which would yield 42 trees. This would result in 21 overstory, 11 coniferous and 10 decorative
trees. (See Exhibit B)
As was stated in the transportation section above, the road right-of--way along the southern property
line could potentially be the main access point to the subject property but more importantly it is the
buffer between industrial and commercial zoning. Having the required, or possibility even more,
coniferous trees planted in this area would provide a future benefit to the area providing a visual
barrier to the commercial property to the south. (See Exhibit C)
A fence currently exists around the property and the applicant is proposing adding privacy slats into
the fence. Since landscaping has more curb appeal than plastic slats, staff would recommend that
the south and west property line have the landscaping on the outside of the fencing. (See Exhibit C)
S:\PLANNING MAIN\Case Files\CUP\CU 09-07 Metropolitan Gravel\CU 09-07_PC.doc
Case File: CU 09-07
Page 4
Metropolitan Gravel Companq
This again will provide better curb appeal to a road that will play a significant role for the region and
community in the future.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. Dill not endanger, injure or detrimentally a~ect the use and enjoyment of otherproperty in the immediate
vicinity or thepublzc health, safety, moralr, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. mill be consistent with the comprehensive plan.
It does not appear the proposed use is consistent with the comprehensive plan which spells
out uses that are lower in intensity of activity.
3. bill not impede the normal and orderly development and improvement of surrounding vacant property.
4. Dill be served adequately by and will not adversely a~ect essential public facilz'ties and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schoolr; and
will not, in particular, create tra~c congestion or interference with tra~c on ad acent and neighboring public
thoroughfares.
S. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any perrons orpropery because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
The amount oftruck/trailers proposed on the site might not meet the intent of the
comprehensive plan. Although all of the trucks will not be idling on site at one time, there
maybe excess smoke and fumes which might be incompatible with commercial zoning.
6. bill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Dill fully comply with all other requirements of this Code, includz~ng any applicable requirements and
standards for the issuance of a Iz'cense orpermit to establz'sh and operate the proposed use in 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.
In the review of the standards for CUP as outlined, it appears that the request is not consistent with
all of these standards.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-07 Metropolitan Gravel\CU 09-07_PC.doc
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MEMORANDUM
TO: Jeremy Barnhart, Planning Manager:.:
FROM: Bruce A. West, Fire Chief
DATE: February 4, 2009
SUBJECT: Site Plan Review Meeting of Tuesday, February 3, 2009
The site plan review committee met on Tuesday, February 3, 2009 and I would like to make
the following comments:
1. Conditional Use Permit Request by Metropolitan Gravel Co. to allow
expansion of current use at 15683 Jarvis CU 09-07
The Fire Department has no concerns.
2. Conditional Use Permit Request by Shelly Liestman for dog ~roomin~ facility
(Scoop Doss at 18857 Freeport (Heying Addition, Case No. CU 09-08
The Fire Department has no concerns.
3. Conditional Use Permit request by Karl Bekius for composting oueration at
existing_Midwest Asphalt mining location (12168 2215L Avel CiJ 09-09
The Fire Department has no concerns.
If you have any other questions, please feel free to call me at the Elk River Fire
Department at 763.635.1105.
January 7, 2009
City of Elk River
Planning and Zoning Administration
13880 Highway 10
Elk River, MN 55330
Dear Planning and Zoning Administration:
Metropolitan Gravel Co., Inc.
37-215` Street
P.O. Box 289
Newport, MN 55055
651-458-0170
fax: 651-458-1168
Metropolitan Gravel Co., Inc. currently operating in the city limits of Elk River, MN
recognizes the need for change in order to compete in today's economy. We believe that
we have found a need for a service and repair facility in Elk River. The type of services
and repairs that we are requesting would be for the heavy truck and trailer industry.
Metropolitan Gravel Co., Inc. would like to be able to store/park more vehicles(tractors)
and trailers on our land. We are proposing that the City of Elk River allows Metropolitan
Gravel Co., Inc. to pursue these opportunities as we see that it would be of value to not
only Metropolitan Gravel Co., Inc. but to the city as well. We are asking that the city of
Elk River allow Metropolitan Gravel Co., Inc. to expand the parking capacity and allow
us to park up to 25 tractors and up to 30 trailers at any given time.
Metropolitan Gravel Co., Inc. hours of operation are from lam until l lpm Monday thru
Friday and lam to 6pm Saturdays and Sundays. We currently have 8 employees and
would find a need to hire more if the work permits. We currently store anywhere from 8
to 10 trailers and up to 5 tractors a day and currently have the capacity to store 25+
tractors and 30 trailers. There is already a facility for these repairs on the site and that
facility is what will be used for the services and repairs.
Signage- Metropolitan Gravel Co., Inc. at one time had a 6 x 10 foot sign on the east side
of the building. We will be replacing the sign that has since fallen off with a new one.
The type of sign that we are requesting is lettering along side the top of the building.
Outdoor storage- Metropolitan Gravel Co., Inc. currently has a pole shed on site and there
will not be a need for any more storage in the future.
In the past Metropolitan Gravel Co., Inc. was required to plant a required amount of trees
on the premises, and was completed. Some of those trees have since died, and we will
replant the required amount of trees in the spring. A fence is surrounding the entire lot
and privacy slats will be installed as well.
Regards,
West J. Houle
Vice President
~----- -
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITI' OF ELK RIVER
In the Matter of Metropolitan Gravel, Inc.
CONDITIONAL USE PROCEEDINGS
REQUEST: To expand current truck terminal operation
at 15683 Jarvis to include truck repair ORDER GRANTING
CONDITIONAL USE
Metropolitan Gravel. Inc. , Owner
The above entitled matter came to be heard before the City Council on
the 16th day of September 19 91 on a petition for a Conditional
Use pursuant to the City of Elk River Zoning Ordinance, for the following
described property:
Lots 2, 3, 4, 5 and 6, Block 1, Ar-Mon Commercial Park
IT IS ORDERED that a Conditional Use be granted as upon the following
conditions or reasons:
1. That semi-trailers and truck boxes are not displayed at this site for
sale, but that it is permissible for Metropolitan Gravel to bring
semi-trailers and truck boxes that are already sold to their site to be
revamped with specialized equipment.
2. That the number of semi-trailers and truck boxes that are at this site
at one time for revamping is limited to five.
3. That Metropolitan Gravel be allowed to continue to repair their own
trucks as well as trucks for other companies.
4. That the opaque material not be required in the chain l ink fence.
5. ~ That the curb stop separating the 'landscaped area from the parking area
not be required.
6. That the parking lot as shown on the site plan be replaced with the
existing one adjacent to the building.
7. That Metropolitan Gravel be required to plant one tree for each 40
linear feet of their lot perimeter.
CITY OF ELK RIVER CITY COUNCIL
DATED this 24th ;day of September , 19 91 .
Z
STATE OF MINNESOTA }
}
COUNTY OF SHERBURNE ) ss. OFFICE OF CITY PLANNING AND ZONING
}
CITY OF ELK RIVER } CITY OF ELK RIVER
I, Stephen Rohlf, Planning and Zoning Administrator for the City of Elk
River with and in for said City, do hereby certify that I have compared the
foregoing copy and Order granting a Conditional Use with the original record
thereof preserved in my office, and have found the same to be a correct and
true transcript of the whole thereof.
If the-proposed work described in a conditional use permit has not been
substantially completed within two (2) years after its date of issuance, the
permit shall expire and become void except that the Council may, following
recommendation of the Planning- Commission, extend the permit for an
additional period determined by the Council on the receipt of a request for
a permit extension prior to its expiration. A Conditional Use Permit
authorizes only the use specified in the permit and shall expire if, for any
reason, the authorized use ceases for more than one (1) year.
0
Stephen Rohlf, Buil ng and Zoning Administrator
IN TESTIMONY .WHEREOF, I have hereunto subscribed my hand at Elk River,
Minnesota, in he County of Sherburne, in the City of Elk River, on the
__~__ day of , 19'1,
DRAFTED BY:
City of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this day of ~~~, 199/
SANDRA A.THACKERAY
r~
'~~ ~~ NOTARY PUBLIC -MINNESOTA
SHERBURNE COUNTY
My Comm. Exp. June 17,1997
Elk River City Council Minutes
m,,~ June 21, 1993
Page 5
UNCILMEMBER HOLMGREN MOVED TO ALLOW THE UTILITIES TO CONSTRUCT
SCHARGE POND IN PLACE OF THE HOLDING TANK. COUNCILMEMBER DI:
BONDED THE MOTION. r
Mayo Duitsman indicated that he did not like the idea of running the
water of the storage tank into the Wastewater Treatment Pl.~nt and,
therefo e, indicated he is in favor of the discharge pond. ~''
Councilme er Scheel encourage the Utilities and staff to look at all
safety fac rs during installation of the discharge pond.~u``
~~;:
a"
THE MOTION C IED 5-0. yi,`
~~
~:"
Because it was 7: 0, the Council continued with th~~Building and Zoning
~~''
items . ~~'~
7.1. Conditional Use Pe it Re est to Construct
by John Weicht/P.H. .Case No. CU-93-13
Steve Rohlf stated
Commission public hearir.
continue this matter
conditional use request.
Mayor Duitsman opened the
c hearing.
Mayor Duitsman informed the pub' '~c that the hearing would be continued
to a later date. ~'
,~^
COUNCILMEMBER SCHEEL MOVEI~~ TO •NTINUE THE PUBLIC HEARING ON THE
CARRIED 5-0. .~~
CONDITIONAL USE PERMIT RE~~JEST TO CO STRUCT AND OPERATE A BUS TERMINAL
BY JOHN WEIGHT UNTIL ULY 19, 1 3, FOLLOWING PLANNING COMMISSION
REVIEW. COUNCILMEMBER~" HOLMGREN SEC DED THE MOTION. THE MOTION
7.2. Conditional Use
C3 Zone by Metro
t Re est to Allo'~r the Sale of Truck Boxes in a
Equipment/P.H. Case No. CU-93-14
Steve Rohlf in,~°°rmed the Council that the P nning Commission tabled
this item u~ltil further information could provided. He suggested
that the Co cil open the public hearing and ntinue any action on
this item til the Planning Commission has revie d this issue.
Mayor D~tsman opened the public hearing.
Mayor Duitsman informed the public that the hearing w ld be continued
unti the Planning Commission has reviewed the issue.
CO CILMEMBER FARBER MOVED TO CONTINUE THE PUBLIC HEARING U IL AUGUST
1 , 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
rate a Bus Terminal
this issue was continued at the Planning
and suggested,:' that the City Council also
til the Planning Commission has reviewed the
7.3. Consider a Conditional Use Permit Amendment. to Construct a Storage
Building by Metro Truck Equipment/P.H. Case No. CU-93-10
Elk River City Council Minutes
June 21, 1993
Page 6
Steve Rohlf indicated that Metro Truck Equipment of 15683 Jarvis Street
is requesting an amendment to their existing conditional use permit to
construct a 4,000 square foot storage building.
Dan Tveite, Planning Commission Representative, indicated that the
Planning Commission recommended approval of the conditional use with
four stipulations.
Mayor Duitsman opened the public hearing. There being no one for or
against the matter, Mayor Duitsman closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT
AMENDMENT FOR A TRUCK TERMINAL BY METRO TRUCK EQUIPMENT WITH THE
FOLLOWING STIPULATIONS:
1. METRO TRUCK EQUIPMENT CONTINUE TO PLANT TREES UNTIL THEY REACH THE
1 TREE FOR EACH 40 FEET OF LOT PERIMETER REQUIREMENT.
2. METRO TRUCK EQUIPMENT COMBINE THEIR LOTS INTO ONE PARCEL.
3. THE CITY ENGINEER REVIEWS AND APPROVES DRAINAGE.
4. THE ROOF ON THE ACCESSORY STRUCTURE IS COLORED METAL AND THE SIDE
OF THE BUILDING FACING JARVIS IS CONSTRUCTED WITH MATERIAL
CONSISTENT WITH CITY ORDINANCE (OTHER THAN METAL SKIN).
aw~°1°~ COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.4. C sider a Conditional Use Permit to A11ow Enclosed Stor e Mini
Sto 1 by Jerrv and Thirv Minor/P.H. Case No. CU-93-12
Steve Roh stated that Jerry and Thiry Minor a requested a
conditional u permit to allow enclosed stora to include two mini
storage buildings Gated in a C3/Highway Comm al zone. Steve Rohlf
stated that City Co only allows 25~ of ilding in a C3 zone to be
metal skinned.
Dan Tveite indicated that the P ';g Commission reviewed the request
and recommended approval with ce _ stipulations.
Mayor Duitsman opened the lic hearing.
Jerry Minor informe -`~he Council that it was wish to match the new
buildings to the e 'sting buildings which are meta finned.
Steve Rohlf o e again informed the Council that there a limitations
to the u -'of metal skin by the City Code. Steve Rohlf als 'ndicated
that the are other alternatives which the Minor's may nt to
inves ate.
Mayor Duitsman closed the public hearing.
~ -,
STATE OF MINNESOTA^:. -.. -• - - - ~. - ~~~,~
CITY d`F ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CONDITIONAL USE PROCEEDINGS
In the Matter of Metro Gravel Company
578 S Point Douglas Rd
St. Paul, MN 55119
REQUEST: A conditional use permit amendment to
construct a 4,000 sq ft storage building.
ORDER GRANTING
CONDITIONAL USE
Metro Gravel Company, Owner
The above entitled matter came to be heard before the City Council on
the 21st day of June, 1993, on a petition for a Conditional Use pursuant to
the City of Elk River Zoning Ordinance, for the following described property:
Lots 2 through 6, Block 1, Ar-Mon Commercial Park, Sherburne County, MN.
IT IS ORDERED that a Conditional Use be granted as upon the following
conditions or reasons:
1. METRO TRUCK EQUIPMENT CONTINUE TO PLANT TREES UNTIL THEY REACH THE 1
TREE FOR EACH 40 FEET OF LOT PERIMETER REQUIREMENT.
2. METRO TRUCK EQUIPMENT COMBINE THEIR LOTS INTO ONE PARCEL.
3. THE CITY ENGINEER REVIEWS AND APPROVES DRAINAGE.
4. THE ROOF ON THE ACCESSORY STRUCTURE IS COLORED METAL AND THE SIDE OF
THE BUILDING FACING JARVIS IS CONSTRUCTED WITH MATERIAL CONSISTENT WITH
CITY ORDINANCE (OTHER THAN METAL SKIN).
DATED this 18th day of August, 1993.
TE OF MINNESOTA
NTY OF SHERBURNE ) ss.
OFFICE OF CITY PLANNING AND ZONING
CITY OF ELK RIVER ) CITY OF ELK RIVER
I, Stephen Rohlf, Planning and Zoning Administrator for the City of Elk
River with and in for said City, do hereby certify that I have compared the
foregoing copy and Order granting a Conditional Use with the original record
thereof preserved in my office, and have found the same to be a correct and
true transcript of the whole thereof.
If the proposed work described in a conditional use permit has not been
substantially completed within two (2) years after its date of issuance, the
permit shall expire and become void except that the Council may, following
recommendation of the Planning Commission, extend the permit for an
additional period determined by the Council on the receipt of a request for
a permit extension prior to its expiration. A Conditional Use Permit
authorizes only the use specified in the permit and shall expire if, for any
reason, the authorized use ceases for more than one (1) year.
.~~a ~i`"
Stephen ohlf, Buildin and Zoning Administrator
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River,
M' nesota, in the County of Sh rburne, in the City of Elk River, on the
day of ~ , 19 ~'j.
DRAFTED BY:
City of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this day of ~+ 19~j .
-~
y~ SANDRA A. THACKERAY
NOTARY PUBLIC • MINNESOTA
SHERBURNE COUNTY
'~~ My Comm. Exp. June 17,1997
Elk River Cit Council Meetin ~ Pa a 11
Y g 4
August 16, 1993
COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY WENDY BLOOMDAHL TO SUBDIVIDE A 37+ ACRE OF LAND INTO TWO
PARCELS WITH THE FOLLOWING CONDITIONS.
1. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $400 B AID TO THE
CITY.
2. ITIONAL RIGHT-OF-WAY ALONG COUNTY ROAD #3 BE GRANTED TO
SHE URNE COUNTY.
COUNCI MBER HOLMGREN SECONDED THE MOTI THE MOTION CARRIED
5-0.
6.4. Administrative S division Re est to Divide. 75 Acre Parcel Into Two
Parcels b James a Ste hanie Zaczkowski/P Case No. AS-93-05
Steven Ach stated tha James and Steph ie Zaczkowski are requesting to
subdivide approximately acres into.' o parcels. The two parcels
will be 72 acres and acres size. Steve Ach stated that the
subject property is zoned A gric ural which requires a minimum lot
size of 10 acres. Altho h e minimum lot size is 10 acres, a 2.5
acre lot is allowed through an ception to the zoning ordinance which
allows a minimum of a 2.5 ac t as long as the overall density does
not exceed four lots per acr He ated that the proposed subdivision
takes advantage of this pro sion by eating the three acre parcel.
Mayor Duitsman opened he public hea g. There being no one for or
against the matter, Ma r Duitsman closed public hearing.
COUNCILMEMBER SCHEE OVED TO APPROVE THE NISTRATIVE SUBDIVISION
REQUESTED BY J AND STEPHANIE ZACZKOWSKI 10511 209TH AVENUE TO
SUBDIVIDE A 75 CRE PARCEL INTO TWO PARCELS ITH THE FOLLOWING
STIPULATIONS:
1. SEVENT ADDITIONAL FEET OF RIGHT-OF-WAY BE GRANTED TO SHERBURNE
COUN
2. P NT OF PARK DEDICATION FEE IN THE AMOUNT OF $400 BE PAID TO
E CITY.
C~NCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.5. Conditional Use Permit Request to Sell- Truck Boxes in a C3 Zone by
Metro Truck Equipment/P..H. CU-93-14
Steve Ach stated that this item was continued by the City Council on
June 14, 1993, due to lack of information. Since that meeting, Metro
Truck has withdrawn their application until appropriate information can
be submitted to the City for review.
6.
~~~~~
02527
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STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
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CITY OF ELK RIVER CITY COUNCIL
CONDITIONAL USE PROCEEDINGS
In the matter of: Metropolitan Gravel Company, Inc.
Request: Conditional Use Permit for second principle structure
(Case No. CU 97-26)
ORDER GRANTING
CONDITIONAL USE
Metropolitan Gravel Company, Inc., Owner
The above entitled matter came to be heard before the City Council on the 20tH
day of October, 1997, on a petition for a Conditional Use pursuant to the City of Elk River
Zoning Ordinance, for the following described property:
Lots 2, 3, 4, 5 and 6, Block 1, Ar-Mon Commercial Park
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or
reasons:
1. MATERIAL AND EQUIPh'iENT STORED OUTSIDE MUST BE KEPT WITHIN THE
ENCLOSED OUTDOOR STORAGE AREA.
2. THE PARKING AND DRIVE AREA SHALL BE PAVED TO THE FRONT OF THE
BUILDING AND TO THE CONCRETE FUELING AREA. THE PERIMETER OF THE
PAVED AREA SHALL INCLUDE CONCRETE CURB AND GUTTER.
3. NO PAVEMENT OR GRAVEL SHALL BE WITHIN 10 FEET OF ANY PROPERTY LINE.
4. THE DUMPSTER SHALL BE KEPT WITHIN A TRASH ENCLOSURE. THE EXTERIOR
OF THE ENCLOSURE WILL MATCH THE EXISTING BUILDING AND SHOULD BE
LOCATED EITHER BEHIND THE EXISTING BUILDING OR ADJACENT TO THE
PROPOSED BUILDING.
5. ALL THE CONDITIONS INCLUDED AS PART OF THE CUP APPROVED ON
FEBRUARY 13, 1989 AND AMENDED SEPTEMBER 16, 1991 SHALL BE
COMPLIED WITH.
25% OF THE EXTERIOR OF THE PROPOSED STRUCTURE SHALL CONSIST OF
MATERIAL LISTED ON THE APPROVED MATERIALS LIST OUTLINED IN THE
LANDSCAPE ORDINANCE.
7. THE SCHEDULE FOR COMPLETION OF THE REQUIRED IMPROVEMENTS BE AS
FOLLOWS:
1. PAVING AND CURB AND GUTTER COMPLETED BY JULY 1, 1998
2. LANDSCAPING COMPLETED BY JULY 1, 1999
DATED this 20th day of October, 1997.
\\elliriver\sys\shrdoc\recordin\cu97-26.doc
City Council Minutes ~ ~ Page 8
October 20, 1997
feet to said South line; thence East, along said South line, to the point of
beginning.
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.3. Request by Metro Gravel for Conditional Use Permit Public Hearing Case No CU
9 7-26
Scott Harlicker indicated that Metro Gravel has requested a conditional use
permit for a second principle structure at 15683 Jarvis St. in the Ar-Mon
Commercial Park. Scott Harlicker reviewed the issues of this request as presented
in the staff report. He indicated that the Planning Commission recommended
approval.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsman closed the public hearing
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY METRO GRAVEL FOR A SECOND PRINCIPLE STRUCTURE AT 15683
JARVIS STREET LOCATED IN THE INDUSTRIAL PARK WITH THE FOLLOWING
CONDITIONS:
1. MATERIAL AND EQUIPMENT STORED OUTSIDE MUST BE KEPT WITHIN THE
ENCLOSED OUTDOOR STORAGE AREA.
2. THE PARKING AND DRIVE AREA SHALL BE PAVED TO THE FRONT OF THE
BUILDING AND TO THE CONCRETE FUELING AREA. THE PERIMETER OF THE
PAVED AREA SHALL INCLUDE CONCRETE CURB AND GUTTER.
NO PAVEMENT OR GRAVEL SHALL BE WITHIN 10 FEET OF ANY PROPERTY LINE.
4. THE DUMPSTER SHALL BE KEPT WITHIN A TRASH ENCLOSURE. THE EXTERIOR
OF THE ENCLOSURE WILL MATCH THE EXISTING BUILDING AND SHOULD BE
LOCATED EITHER BEHIND THE EXISTING BUILDING OR ADJACENT TO THE
PROPOSED BUILDING.
5. ALL THE CONDITIONS INCLUDED AS PART OF THE CUP APPROVED ON
FEBRUARY 13, 1989 AND AMENDED SEPTEMBER 16, 1991 SHALL BE
COMPLIED WITH.
25% OF THE EXTERIOR OF THE PROPOSED STRUCTURE SHALL CONSIST OF
MATERIAL LISTED ON THE APPROVED MATERIALS LIST OUTLINED IN THE
LANDSCAPE ORDINANCE.
7. THE SCHEDULE FOR COMPLETION OF THE REQUIRED IMPROVEMENTS BE AS
FOLLOWS:
1. PAVING AND CURB AND GUTTER COMPLETED BY JULY 1, 1998
2. LANDSCAPING COMPLETED BY JULY 1, 1999
COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
I~
City of
Eli
River
June 15, 2000
Metro Truck Equipment
15683 Jarvis Street NW
Elk River, MN 55330
RE: Conditional Use Permit 93-10, 97.26
To Whom It May Concern:
The City of Elk River has been conducting inspections of past conditional use
permits for compliance with approvals. In June 1993, Metro Truck
Equipment was granted a conditional use permit to construct a 4,000 square
foot storage building. Then in 1997, a conditional use permit was granted to
construct a second building.
From the inspection, it appears that the conditions of approval have not been
complied with. Please reference the enclosed conditional use permit and site
plan.
Please contact me at 441-2953 at the City Planning Department to discuss
this issue.
Sincerely,
a/~,~
Stephen Weissman,
Planner.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
along arterial streets, with a maximum area
of one-hundred (100)square feet.
c. Wall Signs (Freestanding Sites)
1). Wall signage for each freestanding
building must consist of individual letters
and shall not have more than one (1) wall
sign for. each principal building.
2). The gross surface area of a wall sign
for freestanding buildings shall not exceed
ten (10) percent of the area of a building
wall, including doors and windows, to which
the sign is to be affixed.
d. Wall Signs (Multi-Tenant Building)
1). Fascia signs for individual retail
tenants shall be for store identity only.
2). Capital letters shall be no larger
than 36" high, lower case letters shall be
no larger than 24' high. Signs may be
located on the building in a symmetrical
manner, but in no case shall they extend
closer than 2'0" from the projected lease
line.
14. I-1 Light Industrial
STATEMENT OF PURPOSE: This District shall serve as a transition
between more industrial uses and residential and other business
uses. This District is appropriate for manufacturing,
warehousing, and similar industrial uses because of access to
warehousing, thoroughfares, the full complement of urban services
such as sewer and water, and distance from residential districts.
These areas are intended to encourage the development of
industrial uses which are clean, quiet, and free of hazardous or
objectionable elements such as noise, odor, dust, smoke, glare,
or other pollutants. These industries should be compatible with
each other and with surrounding land uses.
A. Permitted Uses
i. Offices
ii. Warehouses
iii. Research/design facilities
iv. Wholesale businesses
9.35
v. Medical, dental, optical labs
vi. Light manufacturing
B. Accessory Uses
i. Retail sales, provided:
(1) The retail sales activity is not located in
an administrative office facility, but is
located within a business, the principle
use of which is not commercial sales.
(2) The retail sales activity shall not occupy
more than fifteen percent (15~) of the
gross floor area of the occupied quarters.
(3) The retail sales activity is accessory to
the principle use.
(4) No sign identifying the retail sales shall
be visible from the outside of the
building.
C. Conditional Uses
i. Outdoor storage area accessory to principal use
ii. Single family residential dwelling units
accessory to principal uses, provided:
(1) That the nature of the principal use of the
property makes it necessary or highly desirable
from both the property owners and the City's
perspective to have a twenty-four (24) hour a day
caretaker or security person reside on the
property.
(2) That the proposed dwelling unit is designed
for and will be used exclusively by caretakers or
security personnel responsible for the security
of the property and the principal use thereof
(3) That the proposed building unit will be
occupied by no more than two persons, onP of whom
must be an immediate family member (hus~.nd,
wife, father, mother, or child) or the owners of
the principal use of the property and neither of
whom may be under eighteen (18) years of age.
(4) That there will be only one dwelling unit per
lot or, if one principal use is located on .
several adjoining lots, per principal use.
9.36
(5) That the proposed dwelling unit not exceed
eight hundred (800) square feet in size and be
located within a building serving the principal
use of the property which is no less than ten
thousand (10,000) square feet in size.
(6) That the principal use of the property is not
of such a nature that it would be dangerous or
hazardous to residents of the proposed dwelling
unit.
(7) That the proposed dwelling unit meets all
other requirements of the City Code and Uniform
Building Code for occupancy as a dwelling unit by
a single family. The City Council may, if it
finds it necessary to do so for the protection of
the health, safety and welfare of persons who may
occupy the proposed dwelling unit, impose
additional reasonable requirements or conditions
on the construction and use of the dwelling unit.
(8) That the conditional use allowing such a
doweling unit in an industrial zone is deemed to
be unique to the principal use of the property
and the ownership of the property and the
principal use. Any conditional use permits
granted un ~r this Section shall therefore
automatically expire if the principal use of the
property or the principal use of the property
changes.
iii. Recycling processing center
iv. Bottling and distribution
v. Mini-storage
vi. Water/sewage treatment
vii. Auto repair shop
viii. Grain and feed elevators
ix. Multiple principal structures on one lot
x. Sexually oriented land uses
xi. Temporary structures
xii. Government buildings and facilities
xiii.Broadcasting studios and facilities
xiv. Truck and implement sales
9.37
xv. Commercial kennels (indoor)
xvi. Commercial recreation (unplatted land only)
15. I-2 - Heavy Industrial District
STATEMENT OF PURPOSE: This District is intended to accommodate
more intense manufacturing and processing than would be allowed
in the I-1 District. Proposed uses would include manufacturing,
production, warehousing with heavy truck traffic and other uses
which may generate nominal offsite impacts.
A. Permitted Uses
i. Offices
ii. 4~Tholesale businesses
iii. Light manufacturing
iv. Warehouses
v. Auto repair shop
vi. Bottling and distribution
vii. Research and design facilities
viii. Medical, dental and optical labs
ix. All uses allowed as a permitted use in the I1
zone
B. Accessory Uses
C. Conditional Uses
i. Concrete/asphalt products and processing
ii. Foundry, casting, forging metals
iii. Manufacturing, heavy
iv. Animal and poultry processing
v. Freight and rail yards
vi. Truck terminals
vii. Junkyards, auto wrecking and storage, salvage
yards
viii.Recycling processing center
9.38
ix. Grain and feed elevators and mills
x. Chemical storage/bulk storage fuel i.e. petroleum
xi. Meat or fish packing
xii. Water and sewage treatment
xiii.Outdoor storage area accessory to principle use
xiv. Bus, truck and implement storage, maintenance and
repair
xv. Multiple principal structures on one lot
xvi. Sexually oriented land uses
xvii.Single family residential dwelling units
accessory to principal uses, provided:
(1) That the nature of the principal use of the
property make it necessary or highly desirable
from both the property owners and the City's
perspective to have a twenty-four (24) hour a day
caretaker or security person reside on the
property.
(2) That the proposed dwelling unit is .designed
for and will be used exclusively by caretakers or
security personnel responsible for the security
of the property and the principal use thereof.
(3) That the proposed dwelling unit will be
occupied by no more than two persons, one of whom
must be an immediate family member {husband,
wife, father, mother, or child) or the owner of
the principal use of the property and neither of
whom may be under eighteen (18) years of age.
(4) That there shall be only one dwelling unit
per lot or, if one principal use is located on
several adjoining lots, per principal use.
(5) That the proposed dwelling unit not exceed
eight hundred (800) square feet in size and be
located within a building serving the principal
use of the property which is no less than ten
thousand (10,000) square feet in size.
(6) That the principal use of the property is not
of such a nature that it would be dangerous or _
hazardous to residents of the proposed dwelling
unit.
9.39
(7) That the proposed dwelling unit meets all
other requirements of the City Code and Uniform
Building Code for occupancy as a dwelling unit by
a single family. The City Council may, if it
finds it necessary to do so for the protection of
the health, safety and welfare of persons who may
occupy the proposed dwelling unit, impose
additional reasonable requirements or conditions
on the construction and use of the dwelling unit.
(8) That the conditional use allowing such a
dwelling unit in an industrial zone is deemed to
be unique to the principal use of the property
and the ownership of the property and the
principal use. Any conditional use permits
granted under this Section shall therefore
automatically expire if the principal use of the
property changes or the ownership of either the
property or the principal use of the property
changes.
xiii.Temporary structures.
xix. Government buildings and facilities
xx. Mini storage
xxi. All uses allowed as a conditional use in the I1
zone
16. B-P Business Park District
STATEMENT OF PURPOSE: The Business Park District is established
to encourage a planned, integrated environment for certain
industrial, office, and commercial uses which are compatible
with, and compliment each other as well as the surrounding land
uses. The underlying land use designation within the district
may vary, either light industrial or highway business.
Development within the Business Park district will correspond
with the land use designation. Industrial and office uses
allowed where the land use designation is light industrial, and
commercial uses allowed where the land use designation is highway
business.
It is the intent of this ordinance that development reflects
common themes using compatible architectural design and
consistency in signage, landscaping, and lighting. It is also
the intent to encourage businesses which generate a high number
of jobs per square foot rather than predominately warehouse type
uses.
A. Permitted Uses
9.40
WELL DRILLING FOR FIVE GENERATIONS
15688 JARVIS STREET N.W. /ELK RIVER, MN 55330
~ ~ PHONE: (763) 427-6100 /FAX: (763) 427-0533
/NCORPORATED
March 3' ; 2009
Rie.~:~i°JE~ P~'~~ o
Mr. Jeremy Barnhart: Planning Manager
Elk River Panning Commission
Elk River City Council
13065 Orono Parkway
Elk River, Mn. 55330
763-635-1034-Jeremy
763-635-1000-Office Front Desk
Re: City of Elk River Notice of Public Hearing
Subject: Conditional Use Permit to include Truck/Trailer Storage
Sir,
E.H. Renner 8 Sons, Inc. a fifth generation water well contractor is located directly across from
the Metro Gravel facility on Jarvis Street. We take pride on appearance of our facility. We agree that
the fact outside storage of Trucks and Trailers at Metro Gravel should be expected in an industrial park
that exists in this SE area of Elk River. Most of their neighbors have outside storage without a
Conditional Use Permit. Truck and Trailer Stored in an orderly fashion would make their lot the "Rose"
in the thorn bush in comparison to some of their neighbors. (it was 1980 the chicken- farm located on that
same lot vacated) Picture attached.
Raymond T. Renner CWD/PI
State Lic. # 466 _
763-286-8806-Cell
An Equal Opportunity Employer
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