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6.1. SR 02-16-2010T~ t~nn umber Ci Council (~, ~ , Benda ecta~n ~~t~ng ate r~~r~ y Communi Develo meet Feb~.•ua ~ 6, 2010 erem Barnhart, Plannin Mana ex It~r ~scr~ tion ~~~~~ by bequest by Lakeland Properties, LLC Dennis Sharp} for Conditional Use Permit for Ministoxage and outdoor Storage of ~vde~ y Boats Gateway Rd, Renner 4t'' Addition}, Case No. CU 10~01- Public ~"ea~r~~ c'r®n eu~ste ,~__ Staff and the Planning Commission recommend approval of a Conditional Use Permit that would allow the construction and operation of a m~ini~storage business, with accessory outdoor storage, as illustrated on plans dated received January ~9, 2010, subject to the following seven conditions, 1. All comments from staff comment letter dated December 23, 2009 sha11 be addressed. 2. .All comments of the City Engineer memo dated January ZG, Z010 shall be addressed, 3, As a Conditional use Permit is not a building permit, the applicant shall apply for all required permits, 4, The development shall meet all applicable fire codes. 5, A NPI~ES permit is required prior to final approval of const~•uction drawings. G. All landscaping, including turf establishment, shall be completed either prior to occupancy or provision, of a letter of credit in an amount approved by staff necessa~~y to guarantee completion of the work. ?. This approval of this Conditional use Permit shall expire afte~~ two ~Z} years, unless at least two buildings have been completed and occupancy issued, urnm The applicant desires a permit to construct a four building ministorage business on Gateway Road, near Ja~•vis Street, The first two buildings would be built immediately, and the second two would be built as interest supports the cost of construction. M.~.niWstorage is a conditional use in the Z~1 zone. lann~n ®mn~~ss~~n iscussion The Planning Commission stated no concerns with the ro osal but uestioned the de ' p p q sign standards for buildings in l-1, and the lack of lighting conditions. Staff stated that the building is consistent with the design standards and that the applicant is not ~•equesting any variation from the light requirements aheady outlined in the ordinance; so nos ecial P condition was necessary. C:~Documents and Settings~jmiller~Local Set~ings~'I"emparary Internet Tiles~OLK3E~CU 10-01 Sharp Baat SR to CC 2-1G-1U,dac ub~c ® e~ An adjacent property owner built a similar business in 2003. At that time, the City required the buildings to be turned such that no doors could face the street. He also stated that the City told him he could not have outdoor storage. Outdoor storage is permitted by conditional use in the ~-~ zoning, provided it is accessory to a principle use. There ate five doors facing the street. There is no provision prohibiting doors facing the street. An adjacent businessRenner dell Drilling} has numerous doors facing the street. Staff has worked with the applicant to screen the doors and buildings as much as practical. ttaChm~nts Staff report to Planning Commission dated February 9, 2010. Ct~~~l Morton by Second by Vote ®~I~ C,~Documents and Settin~s~jmiller~Local Settings~Temporary Internet Files~OLK3~~CU 1a-U~ Sharp Boat SIt to CC 2-1G-10.doc ~~ tver REQUEST FOR ACTION To ptem Number Plamiing Commission 5.1 Agenda eetion i~leetin~ Date Prepared by Planning Items February 9, 2010 Jeremy Barnhart, Plarming Manager item escr~pt~~n ~vi~w~d by Request by Dennis Sharp for Conditional Use Permit f or Ministorage and outdoor storage of Boats GatewayRd, Renner e~ie~d 4th Addition, base moo. ~~ 1~~~1 Action Requested Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit request, as illustrated on drawings dated received January 19, 2010, with the following conditions: 1, All comments from staff comment letter dated I~ecembe~ 2~, ~4~9, Z. All co~n~nents of the City En~inee~ ~nena.o dated January 2G, 241 shall be addressed. 3, As a Conditional Use Pe~~mit is not a ~uildin~ Permit, the applica~.t shah apply fog all ~equ~~e pe~mxts. 4. The development shall meet all applicable fire codes. 5. A NPI~E~ pe~~nit is ~equi~red p~io~~ to final approval of construction d~awin~s. G, All. landscaping, including and tug+f establishment shall be completed either p~io~ to occupancy o~• provision of a letter of credit in an amount app~aved by staff necessary to ~ua~~antee completion of the work. 7. This app~~oval of this Conditional use Pexmit shall e~pi~e afte~~ 2 yea~~s, unless at least twa buildings have been completed and occupancy issued. aclcground/Discussion Denny Sharps seeks approval of a ilunistorage business on propertywithin the recently approved Renner 4`h Addition. ~, ~nanc~a~ ,ac None ttachn~~nts Location Map ® Staff comment letter dated December 2~, ZOQ9 Memo from City Engineer dated January Zb, 20io Applicant's Narrative ® Site Plan drawings dated. January ~9, Zo~~, Case File; CU 1x01 Page 2 Elk River Boat Storage Lakeland Properties ~DennySharp) l~ca~nt Lakeland Properties, LLC a.~ use The application has been deemed complete as of December 7, 200:. The Cary must take action by April 7, Zo 10 ~ue~te ct~an Conditional Use Permit Approval Loea,tion a,nd ~~~ Approximatelyb.T9 acres north of GatewayRoad, west of Jarvis. L~ca.tion ~~t~n ~e end ~e ~~n esdnat~®n urrent ®n~n ub'~ct ~ r®perty Undeveloped Li ht Industrial g ~-~ Li ht industrial g ~ rth Nlinistorage Medium Industrial I-2 Medium. Industrial o uth Undeveloped Light industrial ~- I Light Industrial a~~t Undeveloped Light Industrial I- I Light Industrial est Undeveloped Light Industrial T- T Light Industrial v~~r~~~ Denny Sharp, on behalf of Lakeland Properties, is requesting Conditional Use permit to build and operate a ministorage business on Gateway Road. The ministorage would house boats and RV's. The project would consist initially of two ministorage buildings forming the southern and eastern boundaries of the site. As business builds, the applicant proposes outside storage (boats, RV, campers, etc) north and west of the proposed buildings. Future phases would include the construction of two more n~iistorage buildings, eventually elirrunating the need for outside storage. The main building will include space housing a computer and other security hardware. The applicant is considering incluc~rig an office, which would require a restroom. The septic s~stern is proposed for the ~E corner of the site, if an office is added, The buildings will be prefinished metal panels. Buildings will be tan, with a green trim, These materials are consistent nth the basic design guidelines unposed on buildings in the I- T zoning cli.strict. The Conditional Use Permit, if approved as proposed., would allow interim. outside storage until the 4~' building is built}, and the construction of 4 ministorage buildings. Other site improvements include a wrought iron style fence along Gateway Road, chain link along the east side, and a black coated chain-link along the north side. The north side abuts the Burlington Northern Santa Fe railway. In conversation, the applicant has indicated a desire to S;IPLANIVING MA~NICase PileslG`UPICU IO-01 SlaarplCU 1x01 SR to PC 2-9.10.dac Case Fiie~ CU ~0-Ol Elk River Boat Stowe Page 3 Lakeland Properties (Denny Sharp incorporate barbed wire for added security. Barbed wire is not permitted by ordinance section 30- 796 ~d} 2 --c. Access to the site would come from Gateway Road to the south. An emergency~only gravel drive is proposed along the east prope~y fine to satisfy Fire Department requirements. ~~~a~b~~ a uNa.~ions Ca~aditional use .~e~~nit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: ~. 1~ill ~zat e~ada~z~er, i~ jure or det~~~~ae~~tally affect ~]~e 1~se a~zd e~ jo~~~ae~z~ of atl~er ~rope~ ~~ iii tl~e i~a~~zedia~e vic~`~~i y a~~ floe ~ul~lic ]~ealtla, ~afetj~, maralr, ca~nfo~~, caszvenie~ace ar ge~~eral ~e fare of t]~e ~aeig]~barlaaad ar tl~e ci~~, Z, dill be ca~~.riste~it ~vitl~ the camprehe~2sive plan. 3, LVill ~aat i~~ pede floe ~~o~~aal a~2d arder~~ develap~~e~zt a~~d i~~~~°aveme~zt of su~~ au~adi~zg vaca~~t pr apes ~, 4. dill he ~e~~ed adequate~t by a~zd will ~zot ad~~errely affect e.rse~~tial public facilities a~ad ~e~~ices i~~cludi~~g street,, police a~~d fire pratectia~a, drai~zage, refuse di.~a,ral, pater a~ad ~ea~er syrte~as, parks a~zd ,~chaalr; a~2d gill 92ot, in pa~~icular, ~°eate tra~c co~2ge,rtia~2 ar i~2te1 fere~ace ~it1~ traf c a~~ adjace~~t a~zd ~2eig]~l~a~~~~g public t]~oraugl fares. ~. Dill ~2at i~zvalve u.re~, activities, processes, ~a2ate~~alr, e~uip~ae~zt a~ad co~aditia~2s of operatia~a that gill he detrir~e~2tal to a~~ persons or prapea y because of ea^ce~~i~e tra~c, naive, s~aoke, fu~~e~, glare, ada~°~, dust or vihratio~2s, ~, dill not result in the destruction, lass or damage of a natural, scenic ar hista~~c feature of r~aa~ar ir~apartance. 7. dill fully co~npy ~it1a all other require~ae~2ts of t]~is Cade, i~acluding a~~ applicable regui~°e~~ae~ats and sta~zdards for the issua~ace of a lice~~se or pe~~nit to establish and operate the proposed use i~2 the city, If denial of such a pernut should occur, it shall accompany recommendations or deternzinations 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 CTJP as outlined, it appears that the request is consistent with all of these standards, provided the fence is not barbed wire. ra.drn ~ ~a~na~ e The site is designed to capture all storm water and funnel it to the collection area on the northwest corner of the site, Some of the grading is planned to occur on adjacent parcels. The city engineer has identified the need for further information; this is included among the conditions. Lands~a.ping The site plan shows 53 trees, meeting the landscaping requirement in number. The plan includes 10 trees in the boulevard; staff would suggest many of these trees moved onto the applicant's property. The goal of the landscaping plan is intended to provide visual interest and screening from passersby on Gateway Road (A future key collector in this area of the community) and the Rail Line, which now more frequentlycarries commuters. S:IPLANNING MATN1Case FiieslG"UP1CU 1Q-~1 SharplCU X0-01 SRto PG 2.9-10,doc Case File; CU 10-01 Elk River Baas Storage Page ~ Lakeland Properties ~DennySharp~ Public Comment To date, staff has received some public comment. A nearby operator of a ministorage business notes that he was not permitted outdoor storage when his site was developed 5 years ago (Case Number CtJ 03-05 staff report and recording document attached. Further, he noted that the Plaiuiuig Commission required his building be turned to avoid having overhead doors facing the road. The application shows 5 overhead doors facing Gateway Road. It is important to note that the garage doors as proposed here are behind a fence and concentrated landscaping. The Ordinance does not prohibit outside storage. Additionally, the ordinance does not prohibit the location of overhead doors facing a public street in the I-1 zoning district. It should be noted however, that analysis of the transportation plan seems to support the evolution of Gateway Road as a primary collector on the east side of Highway 10. Enhanced design standards seem appropriate. cti~~ Nlation by Second by Vote ~~~®~ p S;IPLANNTNG MAIIV1Case FilesICUPICU 10-01 SharplCC.710-01 SR to PC z•9• lp,doc Wd t0~t0~~ +6002/ZZ/Zt '~~~.d~~ uoi~e~o~~,daeyS t0-Ot f~aldfl~lsa~~~ ase~1~NINNb'1d1~5 DENNIS SHARP 10907-93`d Avenue North Maple Grove, MN 55369-4199 Elk River City Planning Commission and City Council Members our request for land use approval with conditional use is to construct inside facilities for storage, mainly boats of various types. The conditional use is for outside storage with plastic wrap. Activity on the site will be mainly in the Spring and Fall when equipment is picked up or put away for the winter at which there will be two and possibly three employees, Parking required will be ~ninimal ~4 stalls as customers only drop off their units to be stored. City staff has suggested some trees be planted along the railroad property which we have shown in evergreen trees. The buildings will be structural steel with metal siding of beige color with ~i.sh green trim.. Fencing and buildings will enclose the entire lot with a decorative fence and automatic gate on the south side, and chain link fence for the balance, Security is a naa~or factor and we wi11 have lighting for ail driveway areas as wall pacl~s or pole lights controlled by photo cells, exterior cameras, motion and sound detection all monitored with state of the art equipment. The gate codes will monitor who comes in or leaves, Eventually we would like to build more structures on the site sized to the space demand, Th you for your co e tion. Dennis Sharp PHONE (763) 425-2002 FAX (763) 425-6428 Cily of I Elk River 130~~ Orono Parkway ilk River, IAN ~533~ I~ecem~e~ 23, 2009 Lake~a~ad Pl~opertie~, LLC Attu; I~en:~is ~ha~~p X0907 93`~ .Avenge ~~~eo, NON 553G9 R.e: Elk R~ive~ ~oa~ Sto~ra~e, Staff Comments Dear M~. Shat.•p, A.t the Site Plan Revieur Committee na.eeting on December 8t'', staff ~e~rieured yau~ application anal has the following comments: Time~ab~e ~} Staff anticipates this item being ~evieu~ed by the Plannitag Comm~.ssion on January 12~', and the City Council on January 190'. Note this is a Tuesday due to the N1a~t~. Luther I~in.g J~, holiday, En ineerin 2~ a} Regarding the drain field site; no design talcs to prove it is large enough and how will it be protected uritll a building 7 feet away. b} ~laere is the well proposed and does it need protecting since almost ever~rtlauag is paved or building? c} the existing easements that need to be extinguished. d} the NPDES SWPPP is ok but needs the contractor sig~~ature before starti~~g work when he is selected e} the d~:ainage talcs are ok ~} there is a small drainage Swale on tl~e south side of the building that slightl~r dosses the lot line. Tlae drainage talcs slow this area takes a small amount o£ drainage from each lot. This area needs to covered bar an additional D/U easement because tlae lO foot one on the plat is probably too small, Also we should get proof in our files even though Sharp zna~r still own both lots that lae lags the right to grade on the adjacent lot, g} The erosion control plan is acceptable but there is a soil embankment area shown on the grading plan that needs to have restoration also, The restoration plan doesn't Show seeding the emba~alunent area. Landsca ins/ye~etatio~ 3~ Lan.dscaping ~~equifeinents aye based on the site pe~:itnete~, 2,11 o feet ~equ:~es 53 trees, '/z o£ those ove~-sto~.y ~~7}, ~/4 o~natnental ~13~, anal ~/~ eve~g~:een X13}, Please adjust the site plan to include these tees, The plan must be p~epa~•ed by a landscape architect. Avoid la.ng lin.ea~ ~oWS of a single vafiet~T of tree, The landscaping plan. should p~.•avide screening and ~risual interest. thane: 7G3,G3~,1a0a fax, 7G3.G3S,1o9Q WwW.Cl,elk°I'l~'EI',IT1Il.115 s f' 4) Please note that evetgieen trees must be 6 feet tall. 5} Ve~.fy septic locations, and the plantings suggested for them are con~pad.ble. l~ce~.aneous G} The transformer located on the north side of the office must be protected with a curb, in addition to protective bollards. Please show a detail. Alternatively, please locate to a location more protected from vehicle maneuvering, 7} Please relocate and screen the gas meter, This will be the first thing people will see upon entering the site. Additionally, the gas meter appears to conflict with the location of the personal door to the office, 8} Please provide a detail of the fence. Staff recommends a higher design quality fence for those portions facing tlae street and the rail station, wrought Iron. style, or sirnii.ar} 9} The site plan indicates driveway easements on the north side and the west side of the property, These easements need to be resolved prior to issuing a building permit. Please make comments or changes, and .return them by Janua~.~y G~', The revised submittal should include five full size sets as well as four ~ 1xT7 reduced sets for the Planning Commission review..A .pdf copy of all ~~evised ~t~aphic~ aye req~l~ed ~o be ~ub~.i~~ed, Tf you would like to meet to discuss these corn.ments, T will be in the office Dece~raber Z8~'- 30~`, and again on Monday, January 4~'. Please call for an appointment. ~ can be reached at X763} G35-T034. Sincerely, ~~~ ~~, ~~ ~~~~ ,:~ ,!~ If ~ f r', Jeremy Barnhart Planning NTanager•, ATCP 1l~Iemorandum Date; 1126110 To; Jeremy Barnhart, Planning Manager Cc: From: John Anderson RE: Elk River Baat Storage we have reviewed the plans provided including the following: Site plan prepared by Lampert Architects dated 1,15,1 a ~ Civil plans prepared by Oliver Surveying ~ Engineering dated 111211 ~ The following are comments provided to the developer in the previous review and comments on any changes that have been made in the current submittal. T1 1 1 1 . . . . .. . r1 _KO[rr1Y/ltrlrr_f ho.rYyn~n i~~nl~y_~~~Lp[?frtn nnlnC to nvnYrn ~t in Inwrn nn~r Y7 0. ~ Tl ZC1i ~ ' ' . Addressed in revisions b} Sher ' t~n rrrnn nrnnnnc~~ nn~ ,~ ~ . . ~~ Addressed in revisions c~ the existi~ag easements that need to be extinguished. No documentation noted ~. revisions d} the NPDES SwPPP is ok but needs the contractor signature before starting work when he is selected No Change e} No Change t} there is a small drainage swale on the south side of the building that slightlycrosses the lot line. The drainage talcs show this area takes a small amount of drainage from each Iot. This area needs to covered by an additional D/U easement because the ~0 foot one on the plat is probably too small. Also we should get proof in our files even though Sharp maystill own both lots that he has the right to grade on the adjacent lot. The drainage easement needs to be expanded on Lot 6 Block 1 in this area to cover the inhl~cation area. Provide proof of ownership on lot to the east. Also it appears the landscape plan proposes to plant trees within the drainage and utility easerr~ent which may make it dlfhcult to maintain the infiltration basin in the future for the owner. _ a_QYnc~inti _rrrtr~trn n ns~ ~n nnnnnhnhi ~ ~ . . Addressed in revisions In addition to these comments we would also like to see another issue addressed in the plans. During the construction of the public roadway the developer requested curb opening be constructed in anticipation of lot development. The plans need to indicate if any curb openings are inplace for this lot,lf there are curb opening far the lot that will not be used the opening should be elhnin.ated with the development of the lot. BDM Prefect #22404 STATE GF NIINNESGTA CITY GF ELI RIVER CITY CGUNCIL CGUNTY ®F SHER~URNE C®NDITIGNAL USE PR+DCEEDINGS CITY GF ELF RIVER In the matter of. Lakeland Properties, LLC Request: Conditional Use Permit to Allow a Ministorage and outdoor storage Case No, CU 10-01 GRDER GRANTING C®NDITI®~'AL USE Ret~~er-Sharp, 4w~aers The above entitled matter came to be heard before the City Council. on the 1 G~h day of Febfuary, 2010, on a petition For a Conditional Use pursuant to the City of Elk River Zoning Ordinance, For the following described property. See Attached Exhibit A IT IS ORDERED that an Conditional Use to operate a tninistorage and outdoor storage as illustrated on plans dated received January 19, 2010 attached as Exhibit B} be granted, upon the Following conditions or reasons: ~. All comments from staff comment letter dated December 23, Zoo9, 2. All comments of the City Engineer memo dated Jan~ar~y 2G, ZD10 shall be addressed. 3. As a Conditional Use Permit is not a ~uildin Permit, the applicant shall apply for all require permits. 4. The development shall meet all applicable fire codes. 5, A ~D]E~ permit is required prior to final approval of construction rav~ins. ~. All landscaping, incZudin~ and turf establishment shall be completed either prior to occupancy or provision of a letter of credit in an amount approved by staff necessary to guarantee completion of the worl~. 7. This approval of this Conditional use Permit shall expire after 2 years, unless at least two buildings have been completed and occupancy issued, DATED this ~ 6~ day of February, 2410. C;IDocuments and SettingsljmillerlLacal SettingslTemporary Interned Files10LK3E1CU lU-Ul retarding dac 2-1b-10.dac STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY DF ELI RIVER. OFFICE ~F CITY PLA~'NING AND ~DNING ELI RIVER I, Jeremy Barnhart, Planning Manager for tlae City of Elk River with and in for said City, do hereby certify that 1 have compared the foregoing copy and Order granting an Interim Use with the original record thereof preserved in my office, and have found the same to be a 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 recommendations 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, Jeremy Barnhart Planning Manager IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Elk River, Minnesota, in the County of Sherburne, in the City of Elk River, on the day of , 2010, DRAFTED BY: City of Elk River Elk River, Minnesota 55330 Signed before me a NOTARY PUBLIC this day of , 2010, C;IDocuments and Settingsljjol~r~sonlLocal SettiiagslTemporary Internet Iiiles10LK491CU 10.01 recording doc 2-1G-10.doc T A Legal description of the subject property is Lot G, Block 1, Renner 4~ Addition, Sherburne County, MN. C;IDacuments ar~d SettingsljmillerlLacal SettingslTemparary Internet FilesloLK3E1CU 1Q-Ol recording dac 2~1G-14,doc ~~11~ .1 Plans dated ~~eceived Januax~r ~ 9, 2010, C;IDocuments and Settingsljmi11er1Laca1 SettingslTemporary Internet Files10LK3E1CU 14-01 recording doc 2-1~-14,doc