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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 Wd L0~8i~i 6002/6Z/i'6nnp~deW uoi;e~o~\~ane~9 ue;poda;aW LO-60 N\dfl~\sa~ij ase~\9NINNVId\~S c .> ,:~~ ,.. ~„FT .; .<• ;.f ~ t' sy ~ ~'lk. . ~ q ~ ~~ ~ + `\ r '` "+E ~[ +ie~iP s. ~P ms' s ; f F 4 ~ ~~ ' ,. ~~ ~ ~i ~ ~ ' ~ ... _ ~. ~. a h T Y ~ w y . ~~ 1 X ~ ~ ~ r ti '~. 3 .. ~ ~' r ~ ~ ~ `~~~ '~ . . a ~~ vi~ p ' a ~ ' : ~ `; .~ , 4 ~ ~;~ r. ~ r l . F~ . , ' v 4j l : fi ~u}~: ,~ jn . ~ s.... .. , ~'' '" ' ~ i ~ ~ ~ '~ ~ ., ~ ~ ~ ~ ~ ~ .~ ~ ~! ~~~~; ~Y ~j :. R ::~ .' c < .a~ ~~ ~ ` ~ ~ m J ' ~ bl. ,. ~, j~ 4` f i `~' ~~ . ' ~. y . ~' +~ ~ t y ~ . ' '~ ~' } fir. ~ `'° ~ ~'; s ,!~ sw `~ • . m ,e ~' ~ , g i !~i -~~ •~\ ~ ~; ~ ~' n ; Y. . ~ • .. ,; 'aq p ~~ . s? ~ ~ i .. r ty" ~ Y a V L ' .. a~.~ .~ .: ~ ~.'~ ~A1 / ~ ~t° "P ~ - ~K Yew ~ '' ~ 01~' ~~~ ~ , ~ ~• ~ :~ _ < ~.~b' ~. Ar~~ y. >:. ~. ' •' ~~~ v. ~ .~ ,fit ,' ~~ .• ~ t s ,. al~ ~ ~ ~ y i .Ini .. ..+~.GTi. ~~,. ~ £A%F ; ~ ~ 4 j i,Li, ~~ ~~ .. .ver 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 ~y ^~ __ ~rS;:1i'f r'.L f ~'~ STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER ~; - .~ ~ J ~ J ~ :. e~_. r~~~ •! n ~~ ~tiz / ~~ 1 S :.3 ~:`~~:y3 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 l y1~~'. ~~«F; ,~~; ' .. ' i x^- a ~ .'S .x.,. 9 .. -d1- ..-., .~ ~_~y .- ~, , ::,~ ~~~ a ~ ~ _ . ~~ -w , , ~,~yyp' ~~dfr • ' -. ` '? <.-. ,,~ _ ' -~. ~ y' < <:i ~ s'~ a,~ _ ~ # ~?~ y~ } ~' "'~iv are. ~* 'hf :~ ~ ~s' ..~' .ti. f ~ ~ I ~ , ~ 1 B!" - t v ' a-. 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