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6.8. SR 06-18-2001MEMORANDUM Item # 6.8. TO: FROM: DATE: SUBJECT: Mayor and City Council Michele McPherson,~irector of Planning June 18, 2001 Case No. CU 01-19 Request by Chris Stephan for Home Occupation; Landscape Services Business Request The applicant requests that a conditional use permit be issued for a home occupation for a landscape services business. Attachments · Location map · Applicant's written narrative · May 22, 2001 memo from Steve Rohlf regarding historic significance · Site plan Location 22531 Meadowvale Road Zoning / Land Use A-1 (Agricultural Conservation) / LR (Low Density Residential) Analysis Section 900.25 of the City Code outlines the following conditions for permitted home occupations in the residential districts: "A. The occupation shall be carried on entirely within the dwelling unit or attached garage except that light construction contractors may use detached accessory Mayor & City Council/CU 01-19 June 18, 2001 Page 2 structures which would normally be allowed under the provisions of this ordinance for storage. If the home occupations is carried on in the garage, the minimum amount of required garage space shall be maintained. B. There shall be no exterior evidence of the home occupation such as displays, exterior storage of business equipment, materials, merchandise, inventory or heavy equipment. C. No permitted home occupation shall require internal or external construction features not customarily found in dwellings. D. A maximum of one (1) full-time employee, or equivalent, other than those persons who customarily reside on the premises shall be employed. This provision shall not apply to dwellings where the permitted home occupation is a meeting place for employees and the work is done off-premise. E. Permitted home occupations involving teaching shall not exceed two (2) pupils at a time. F. Any sign or visible advertisements shall not exceed two (2) square feet in area and shall be mounted flat on the outside wall of the dwelling. G. No permitted home occupation shall be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. H. No home occupation shall have outside employees and/or customers between the hours of 10:00 p.m. and 7:00 a.m. I. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than fifteen (15) feet from the curb line or edge of paved surface. J. The operation of any wholesale or retail business, unless it is conducted entirely by mail, and does not involve the sale, shipment, or delivery of merchandise on the premise, is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. K. Permitted home occupations may not involve repair of internal combustion engines or use of equipment which is not normally found in a home; except that equipment which is typically in an office may be used." S:\PLANNINGkMICHMC\CCREPRTS\CU01-19.DOC Mayor & City Council/CU 01-19 June 18, 2001 Page 3 If a home occupation cannot meet all of the conditions, then Planning Commission and City Council review is required to issue a conditional use permit for conditional home occupation. The applicant proposes to use the existing single family home and a new 60' x 40' metal- skinned building to house the home occupation. The home occupation is that of a landscape contractor who employs five full-time persons. The applicant's narrative describes the number of employees and the type of equipment utilized by the company. The applicant has indicated on the attached site plan a number of improvements for the site to accommodate this proposed use. Included in the proposal is a fenced area to store a dumpster, material and equipment. This is located east of the proposed metal-skinned building. It will be accessed by two driveways off the existing driveway to the home. The proposed metal-skinned building will meet the setback requirements for the A-1 District. The applicant is proposing to fence the outdoor storage area. Staff suggests additional landscaping to further screen the storage area. There appears to be adequate parking for employees on the site; with five full-time employees, five parking spaces would be required. The remaining employees report directly to the job site. The applicant is proposing a wall sign of 50 square feet in area to be attached to the metal- skinned building. However, this sign exceeds the permitted wall signage in the residential district. The ordinance only permits a sign of 4 square feet in area to be attached to a wall. However, rural based businesses are permitted for off-premise directional signs not exceeding 18 square feet, provided that they meet certain conditions outlined .in the sign ordinance. To date, staff has received no complaints regarding the proposed home occupation. Historic Significance The Heritage Preservation Commission reviews each land use case for historic significance. In this case, an artifact was reported to be found in the general vicinity of the subject property (please refer to the attached memo from Steve Rohlf, Building & Zoning Administrator). No further action is required. Plannin~ Commission Action The Planning Commission conducted a public hearing regarding the request at its May 22, 2001 meeting. One neighbor spoke regarding potential noise, and the future size of the business. He was concerned that the number of employees would grow too large for the area. S:\PLANNING\MICHMC\CCREPRTS\CU01-19.DOC Mayor & City Council/CU 01-19 June 18, 2001 Page 4 The Planning Commission voted unanimously to recommend approval of the request to the City Council with following conditions: 1. SIGNAGE SHALL BE LIMITED TO A WALL SIGN OF 4 SQUARE FEET IN AREA. 2. ALL MATERIALS, EQUIPMENT, AND THE DUMPSTER SHALL BE KEPT WITHIN THE FENCED ENCLOSURE. 3. ADDITIONAL SCREENING THROUGH THE USE OF CONIFEROUS TREES SHALL BE PLANTED ALONG THE SOUTH PROPERTY LINE TO PROVIDE ADDITIONAL SCREENING FOR THE ADJACENT NEIGHBOR TO THE SOUTH. 4. THE MAXIMUM NUMBER OF EMPLOYEES SHALL NOT EXCEED 15. 5. NO DEBRIS SHALL BE STORED ON SITE. 6. ALL TRUCKS, TRACTORS, AND TRAILERS SHALL BE STORED WITHIN THE METAL POLE BARN. Recommendation Staff and the Planning Commission recommend that the City Council approve the request for a landscape business as a conditional home occupation with the following conditions: 1. SIGNAGE SHALL BE LIMITED TO A WALL SIGN OF 4 SQUARE FEET IN AREA. 2. ALL MATERIALS, EQUIPMENT, AND THE DUMPSTER SHALL BE KEPT WITHIN THE FENCED ENCLOSURE. 3. ADDITIONAL SCREENING THROUGH THE USE OF CONIFEROUS TREES SHALL BE PLANTED ALONG THE SOUTH PROPERTY LINE TO PROVIDE ADDITIONAL SCREENING FOR THE ADJACENT NEIGHBOR TO THE SOUTH. 4. THE MAXIMUM NUMBER OF EMPLOYEES SHALL NOT EXCEED 15. 5. NO DEBRIS SHALL BE STORED ON SITE. 6. ALL TRUCKS, TRACTORS, AND TRAILERS SHALL BE STORED WITHIN THE METAL POLE BARN. S:\PLANNING\MICHMC\CCREPRTS\CU01-19.DOC ?.~9 TH 2.28TH 224TN 221ST 219TH 218TH 217TH 'Z16TH 21531q 214TH LOCATION o~ MAP River ~0~ o~o~o ~w~y · ~.o. ~o× ~o CASE: ~ O//-/~ Elk River, MN 55330 Description of Stephan Landscape Services relating to conditional use permit application. Stephan Landscape Services is a small family owned and operated landscape design and installation company that provides service throughout the Midwest. Stephan Landscape Services employs five full time year - round landscape professionals who report to the office 75% of the time with four laborers who report to the jobsite daily. Stephan Landscape Services currently has three trucks, one skid loader, two trailer, and miscellaneous power equipment which is kept on site whenever possible or would be stored in the proposed fenced in area on site proposal map. All bulk matedal would be stored in fenced in area as well. Stephan Landscape Services does not sell any retail or wholesale product unless we install or deliver the material. Stephan Landscape Services' sales are conducted off site (at customers' homes or offices). Stephan Landscape Services intends to develop a more local (Northwest Suburbs) market, as well as employ members of the local community when possible. The proposed development is on a major county road with adequate weight restrictions/capabilities and the natural formation of the tree lines provides good coverage of buildings from public view. Stephan Landscape Services has a certified nursery license and would possibly like to grow shade and coniferous tress on the property. Stephan Landscape Services is a family owned and operated company who would like to help enrich the community in which it works and operates. The company strives to provide high quality, affordable landscape solutions while providing a safe and enjoyable work environment to prosper in. Thank you. River 13065 Orono Parkway Elk River, MN 55330 TO: FROM: DATE: Memorandum PLANNING COMMISSION STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR ZIP._ MAY 22, 2001 SUBJECT: HOME OCCUPATIION REQUEST BY STEPHAN LANDSCAPE SERVICE A query of the State Historic Preservation Office's (SHPO) records revealed that the Southwest ¼ of the Northwest ¼ of SeCtion 6, Township 33, Range 26, Sherburne County, Minnesota, contains a reported archaeological site. A collection ofprehistory artifact, including a Hixton ax, were found somewhere within the forty acres described above by Bert Peterson. The exact location of where the artifacts were found was not reported. Mr. Peterson, who farmed this area, has been deceased for over twenty years, therefore, no further information can be obtained. The Heritage Preservation Commission (HPC) visited the site on May 10, 2001. No obvious indications of a potential archaeological site were found during this visit. Over the centuries, nature has probably drastically altered the area and certainly man has made major alterations since the artifacts were discarded. The oldest Hixton artifacts date back to nearly 10,000 years ago. Hixton comes from one mine in Wisconsin and was a heavily traded commodity by Paleoindian and Archaic peoples. Typically, archaeological sites are associated with watercourses.,. Perhaps this one was associated with Rice Lake and Tibbits Brook drainage. Further investigation is not required by the State, since there are no Federal permits needed for the landscape business. The HPC also does not feel any further formal investigation is warranted. However, the landscape business should be made aware of the potential for a significant archaeological find on their property so they recognize it, if they happen to come across additional artifacts. Phone: 763.441.7420 Fax: 763 441 74)5 · ' ~5.docs:\b&z\stever\cc5.doc www. ci.elk-river, mn.us 'x \ DATE: