6.3. PCSR 08-14-2006~i
City of
Elk .~-^
River
City of Elk River Item Number
REQUEST FOR PLANNING COMMISION 6.3
ACTION
Agenda Section Meeting Date Prepared by
Plannin Items Se tember 14, 2006 erem Barnhart, Plannin Mana er
Item Description Reviewed by
CU 06-24 3 way ro erties
Location
16112 Jarvis Street NW
Introduction
The applicant seeks approval to create a fenced in enclosure for the purposes of outside storage.
Attachments
• Request for Action
• Location Map
• Memo from City Engineer
• Memo from Environmental Administrator
• Correspondence from applicant
• Site plan
• Staff proposed site plan
Action Requested
Staff is recommending the Planning Commission recommend approval with the conditions as outlined.
Planning Commission Action Motion by Second by vote
Follow Up
Page 2
Kober/ 3-way excavating
Zoning: I2 -Medium Industrial Land Use: Medium Industrial
Adjacent N - I2 -Medium Industrial Adjacent N -Medium Industrial
Zoning: E - I2 -Medium Industrial Land Use: E -Medium Industrial
S - I2 -Medium Industrial S -Medium Industrial
W - I2 -Medium Industrial W -Medium Industrial
Site Area: 4.79 acres
Parking: Required: 7 stalls*
Proposed: 8 stalls
Landscape: Required: 25 overstory; 12 ornamental; 13 deciduous
Proposed: 0 overstory; 0 ornamental; 0 deciduous
Conforms: Land Use Plan -Yes
Zoning Code -Yes
Subdivision Code -Yes, with conditions
60 Day Rule: Action must be taken on this request by November 5 , 2006
Overview
Kober/ 3 way properties are proposing to create a fenced in area to serve as outside storage at
property located on 162"d Avenue.
The applicant is not proposing a new building or building addition, and will use the existing building
on site.
Proposal
The applicant is proposing to construct a 6 foot high, chain link fence around the rear of the
property to create the outdoor storage area. The attached site plan shows the location of the
proposed fence.
Staff has a couple of suggestions based on the proposed fence location.
The fence and storage area appears to encroach into the required front yard. A setback of 30 feet
from the front property line must be maintained.
The fence also appears to encroach into the required 25 foot setback adjacent to wetlands. The
fence and ground treatment should be removed from this area.
No changes to the building are proposed.
S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\Staff Report.doc
Page 3
Kober/ 3-way excavating
Parking and Circulation
Access. Access to the site will be provided off of a newly extended 162nd Avenue, from Jarvis
street. The plan shows three access locations. Staff would recommend that the accesses be adjusted
to permit only 2.
Parkin. The parking requirements for the property are based on the amount of office and
warehouse/ garage space. It is estimated that the office is about 1000 square feet, and the garage/
warehouse is the remaining balance. The parking requirements, using these assumptions, are as
follows:
Office 3/1000 square feet 3.33 spaces
Garage/warehouse .5/1000 square feet 3.33 spaces, or 7 total spaces
It is suggested that the parking lot and access in the front yard area be paved.
Landscaping
The applicant proposes the introduction of ivy to the fence, which, once established, will provide
natural screening for much of the year. In the winter, with the leaves gone, the matting of the vines
will help provide some screening, but will not be as effective as it will be during the growing seasons.
No other landscaping is proposed.
The landscaping requirements for the subject property include the need for 50 trees. Staff would
recommend that 8 over story trees be added to the front yard of the property, and 17 evergreen
trees be added along the outside of the fence to provide screening. This will constitute '/a of the
landscaping requirements, which appears to be consistent with the scale of improvements proposed.
Grading, Drainage and Utilities
No new utilities are proposed. It is understood that the property uses the well of the adjacent
structure. If this is the case, the applicant should drill a new well on their property for their use.
The attached engineers comment letter addresses grading concerns, which, in summary, suggest
berming to ensure the surface water drains to the pond, rather than the wetland. Other comments
are outlined in the memo, and should be addressed.
Outside Storage
The use of secure outside storage areas is critical to some businesses, particularly those that use large
machinery and work with materials that need not be stored indoors. However, this need is balanced
with preserving the neighborhood character. A recent site inspection found several apparently non
business related items on the property. It is suggested that the boats, food trailer, modular home,
and inoperable vehicles currently stored on site be removed, and the outside storage be preserved
for equipment necessary for the operation of the business.
S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\Staff Report.doc
Page 4
Kober/ 3-way excavating
Standards for Issuance of a Conditional Use Permit (Section 30-654)
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
Weill not endanger, injure or detrimentally affect the use and enjoyment of other propery in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
With proposed conditions/ stipulations, the adjacent properties would not receive any
negative impact.
2. Dill be consistent avith the comprehensive plan.
The use is consistent with the comprehensive plan, which guides the property for medium
industrial.
3. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty.
The preservation of the street right of way means the surrounding area will develop
independent of the subject request.
4. 1Vill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
With the development of an on site well, and adjacent public street, there should be no other
impacts of essential public facilities.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that avill be
detrimental to any persons or properly because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
Based on the review of the site plan, it does not appear that the neighboring properties will
be subjected to activities that are of a negative nature, including noise, smoke, fumes, odors,
etc, provided the screening and setback conditions are adhered to.
6. bill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The wetland buffer as required will help preserve this natural feature. There are no other
known natural, scenic, or historic features of the property.
7. lYlill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
It does not appear that the applicants axe wishing a variance from any requirement of the
city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
Recommendation
S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\Staff Report.doc
Page 5
Kober/ 3-way excavating
Staff recommends that the Planning Commission recommend approval of the Conditional Use
permit and improvements outlined in plans dated September 7, 2006 with the following conditions:
1. All comments of the City Engineer dated September 5, 2006, shall be addressed.
2. The fence and outdoor storage area preserve the required 30 front yard setback from
162nd.
3. The fence and outdoor storage are preserve the required 25 feet no touch, mow area
adjacent to the wetland.
4. Only 2 accesses onto 162"d be permitted.
5. At minimum, the front drives within the right-of--way be paved with either concrete
or asphalt.
6. A landscaping plan be developed that includes 8 overstory trees in the front yard,
and 17 evergreen trees added along side the fenced area
7. The property includes a well for on site water usage.
8. Only equipment and material necessary for the operation of the business may be
permitted to be stored in the outdoor storage yard. No boats, food trailers, modular
homes, or inoperable vehicles.
9. A letter of credit in the amount of $50,000 shall be provided as a guarantee for the
completion of the site improvements.
10. Fire department comments shall be addressed, including extending water main to
loop within the site, and adding a third hydrant to the west end of the 185`'' Avenue
water main.
S:\PLANNING\Case Files\2006\CUP\CU 06-24 Kober-3 Way Prop\Staff Report.doc
~~~
. ~~
aver
MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Terry Maurer, City Engineer
DATE: September 5, 2006
SUBJECT: Kober Excavating/3-Way Properties
As requested, we have reviewed the site plan for the Kober Excavating improvement to their
property. Based on our review and comments received at the staff review meeting, we
would offer the following comments:
1. Any improvement to the site will be required to follow the newly adopted Wetland
Buffer Ordinance. Generally, the ordinance requires a 25-foot setback from the wetland
boundary with no cut and no grading in this area. This would mean the hard surface,
fencing and ponding be shown on their grading plan needs to be pulled back from the
wetland boundary. There is also a requirement for signing of the wetland buffer area.
2. Given the type of use of the property and the proximity to the wetland area, it will be
critical that the hard surfaced area is graded to drain towards the pond and not towards
the wetland boundary. I would suggest that a minor amount of berming at the wetland
buffer be included into their site work to ensure that there will be no drainage going
directly into the wetland.
3. It is my understanding that they intend to use Class V gravel or similar type material for
the area indicated hard surface. I am aware of other industrial sites in the City that have
been allowed to use gravel surfaces for outside storage of equipment and materials.
However, I have not verified that the City ordinance allows this type of surfacing in the
zoning at the Kober site.
4. One of the suggestions received at the staff review meeting is that the applicant submit a
general list of equipment and materials that would be stored on the site.
5. Another issue raised at the staff review meeting is a fence over six feet high will require a
building permit. Therefore, the type of fencing should be detailed on the final plans. If
it is over six feet tall, the building permit needs to be applied and general building permit
requirements need to be followed.
6. Under a separate contract, 161` Avenue will be constructed this year past the Kober site.
It is unclear from their site plan how they will deal with the area between the newly
constructed street and the start of their future hard surfaced (gravel) area. This should
be a green area with gentle berming to ensure that there is no ability for gravel to be
washed to the new street.
7. Storm drainage calculations have been submitted, reviewed and approved.
8. A NPDES permit will be required along with a Storm Water Pollution Prevention Plan
(SWPPP) in an 8 1/z" x 11" format signed by the engineer, contractor and owner.
If you have any questions regarding any of these comments, please contact me.
S:\PLANIVING\Case Files\2006\CUP\CU 06-24 Kober-3 WayProp\09 OS 06 Engrs memo.doc
fiver
MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Rebecca Haug, Environmental Administrator
DATE: September 5, 2006
SUBJECT: Koberl3 Way Properties -Office Building, CU Ob 24
The above-mentioned site will need to adhere to the city's recently passed wetland buffer
ordinance. The ordinance requires a 25 foot buffer strip from the delineated wetland
boundary with monumentation at 200 foot intervals along the edge of the wetland buffer
strip. Each monument shall state "Wetland Buffer: Under the City Code, no mowing,
clearing or removal of vegetation in the buffer area is allowed. Call the City of Elk River
for more information." In this area, no mowing, clearing or removal of vegetation will be
allowed. Also, no fences are allowed to encroach in this area. If you have any questions,
please feel free to call me at 763-635-1068. Thank you.
16112 Jarvis Street N. W
Elk River, Minnesota 55330
3 Way
Properties,
LLC.
City of Elk River
13065 Orono Road
Elk River, MN. 55330
Mr. Jeremy Barnhart
RE: Conditional Use Permit Application
Land Use Application Form
Dear Mr. Barnhart;
Office: 763-441-2853
Fax: 763-421-9204
email: kober@pclink.com
SATE RECEIVED
--~..~1T
-_____
September 6, 2006
I have received your letter dated September 5, 2006, regarding the conditional use permit
application for the existing building at 16112 Jarvis Street NW.
Following are my responses to your questions/concerns:
1: Regarding the recently passed wetland preservation ordinance. I am understanding that
this ordinance is for new construction parcels only. Ours is an existing building and we
are just wanting to correct the lot, not build on it, so this 25 foot wide no touch zone
would not apply.
2: I have penciled in the proposed fence line for our property on the enclosed copy of the
plan. I have included pictures of surrounding property fences which we are planning on
using similar. We are intending on using ivy as the privacy screening.
3: The storage would be used mainly for materials used in our business including but not
limited to pipe, fittings, equipment and trailers etc.
If there is any other items needed or any suggestions you may have please contact me at
763-441-2853. Thank you.
Sincerely,
Glen Haugen
Enc:
Cc: file
The intention of use for property located at 161 ] 2 Jarvis Street NW, Elk River is as follows:
Offices, shop and outside storage for construction company.
Hours of operation: M-Sa 6:00 a.m. to 8:00 p.m.
Number of employees on the working on the premises 5, total of 25 employees working on various work
sites throughout the metro area.
Number of parking stalls existing: 10
Number of parking stalls additional: 6
Signage: proposing sign to be on the front of the building, wood or metal material approximate size to be
4'x8'
Rental space for future outside storage:
There is no new building to be considered in this application.
There are no tree removals involved with this application, there is however a large amount of grading to be completed as stated
on the site plan and grading plan that is on file. We have stockpiled a large portion of the material onsite that will be used to
complete this.
Several surrounding properties have this type of land usage.
Examples: E. H. Renner Well, EJM Pipe, All City Sweeping, Collins Brothers Towing.
For full utilization of the property the following needs to be completed:
Site Grading which is on file with the city
Storm Pond which is on file with the city
Landscaping, we need to know the city's criteria for preparing a plan
Fencing which is on file with the city
We would like to complete the grading portion in connection with the construction of 161st Ave which runs on the south side
of our property. It is our understanding will be completed this summer.
Site plan grading to be completed fall 2006
Construct a storm pond fa112006
Class 5, fence and landscaping to be completed in 2007.
We need to have the City of Elk River's criteria for the landscape portion.
These are the items we would like to have considered in the Conditional Use Permit Application and Land Use Application.
3 Way Properties, LLC
16112 Jarvis Street N.W.
Elk River, Minnesota 55330
Office:763-441-2853 Fax:763-421-9204
.~x0*
A ~
~ Ct1
n
A ~
A ~
~''
i
~ ~ A
~ ~ o co eov°'~~?~~ f
~ ~ ~ ~ ~ x ~ l
~ ~( ~ ~ N ~N ~ fTl
N N I
yy~ma zn H ~
~g~o yz :~ ~ ~~ :~ ~ ~~
~~~`~-~~ -V~o~ ~~o o See°e~~~
a~~8 "p Y~'" a"~ s'~~oo~~~e y
zr~ y - g~
~ Si 2~ "C boa S~ mB~~e .;G
~~g SF __ - - .. 3"
MAGNETIC
A F --r12 Z~Z~ m0~
s ~ ~
°~~~ $~~
se e~ ~$~ ~
o
~g~
~ ~£~~
E~ g6 E
°v$ Pis
rg y
<<
~mn m0 ~yp~O 9NA0
O ~ ~P 2Y ~~ OAS
3 ~
~}
} E 9S
~~~ ~ s~ x s ~~ aGm~ in
a ~ ~~ ~$~~ ag
-~- ~ 'V-
y
f ~
4 s
~~
1
b~ I_ F&t~
^3~
I
I ;: j
ICI
I;i~
I:~
IV
m
I ~..
I t1
I I :. 1
I I " ....~
~ ~ I
500.54 20~'IV I F~~
698.34 't°,~_
~. ~ \
•" • ,
:, z enu , eo~.n an as a
+A`~,Fy ..... ; ,
_.. [Q~ ~y „E /~ ~'~,~ .698. f3 29972
GMAT{ ''" '1 2a \
~ '~i 4'~
~ ~' p,
~~ 4~, 9 \ \ 'a 2':vt `f'or Y' "ri `.°~~~ .
i ~ ~ // - ~ ~
/ \\
.~
"1'
(b
N
~] Q
~ o Gca ~ -`_ / 1 8 ~ i
.. ~ ~, _ _ arm - £ I t
o_ --wee----~f e ---~as7g-------~ L--
~ 9a 949A9
_ ~ ~,~
j ~ ~ l
" I I ~
X
III N I
N I I
a~i' oo ~ '~
Om~Z nA G~..C 'p NS'N~~]^~Qo,..C
icy om m ~~ °- a,2,' _ Qe='Gy
r~~ mAi 24 r'~. oe m'f u$• co3u'"i
~Ny GF ss _ o=n o_ n`~~~~
~Z ~ .. n ^e~m
MAGNETIC
11nn
' c n H~ sN Cy vsA
m ~ ~~ o ~p @ Q °s O-O
yA
~Lt
~
e-}
Sg 5° s~ n
~ D y
A ~g~
~ ~ y~ ~~
2x 3a ;a ~
'^ ~ rho ~A"° °p~c
$ ~ s a~ v~
x
O
~~ v Uj
, ~a a' ~
m n ZN