5.5. PCSR 04-13-2010,//
City of
Elk -~--~
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.5.
Agenda Section Meeting Date Prepared by
Planning Items Apri113, 2010 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
Request by Russell/Ryan Kostreba for Conditional Use Permit erem Barnhart, Plannin Mana er
for Outdoor Storage (Midwest Mini Storage, Inc.), Public Reviewed by
Hearing -Case No. CU 10-07- Continued from March 9, 2010
Meetin
Action Requested
Staff recommends approval of the Kostreba Mini-Storage outdoor storage Conditional Use Permit
amendment request, as illustrated on drawings dated February 22, 2010. Approval is subject to the
following conditions which must be completed prior to use of the area for outdoor storage:
1. Repair the erosion as described in BDM memo dated Apri15, 2010.
2. Revise landscaping plan to incorporate additional evergreen trees to screen from the rail
road tracks. Plan to be approved by staff.
3. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
4. All conditions imposed as part of the original Conditional use Permit shall apply, except
for #8, pertaining to outdoor storage.
5. Outdoor storage shall be limited to operable boats and recreational vehicles.
6. Outdoor storage shall terminate in 5 years if no additional building permits have been
issued.
Background/Discussion
The applicant received a Conditional Use Permit in 2003, (CU 03-05) permitting the. construction of a
mini-storage facility at 15930 Jarvis Street. One of the conditions was than no outdoor storage is
permitted.
The first four buildings have been constructed according to the plans approved. The 5 remaining
buildings have not been constructed.
Earlier this year, the City received an application from Dennis Sharp for a ministorage facility (CU 10-01)
on a neighboring property. This application included a proposal for outdoor storage. While the outdoor
storage was approved, conditions were imposed on the timing of the outdoor storage. Upon hearing of
the proposal, this applicant, Mr. Kostrebea, completed an application to amend his Conditional Use
Permit; specifically, to remove the condition that outdoor storage is prohibited.
Case File: CU 10-07
Page 2
Financial Impact -None
Attachments
• Location Map
Memo from City Engineer dated Apri15`h, 2010
• Staff comment letter dated March 10, 2010
Applicant response dated March 15, 2010
• Applicant's Narrative
• Site Plan dated February 22, 2010
• Landscaping plan approved in 2003
Kostreba Conditional Use Permit No. CU 03-05, dated Apri121, 2003
General Information
Midwest Ministoxage
Applicant Midwest Mini Storage (Russell Kostreba)
Requested Action Conditional Use Permit amendment approval
60 Day Rule The City must take action by April 22, 2010
Location and Size Approximately 3.16 acres west of Jarvis in the extreme SE corner of
the Ci
Overview
The property owner is requesting an amendment to their Conditional Use Permit that will remove
the condition prohibiting outdoor storage.
ARplicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. IY>ill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral aa~elfare of the neighborhood or the
city.
2. 1-Vill be consistent nrith the comprehensive plan.
3. 1.Vill not impede the normal and orderly development and improvement of surrounding vacantproperty.
4. Wlill be served adequately by and avill not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and seaver ystems, parks and schools; and
avill not, in particular, create traffic congestion or interference zvith traffic on adjacent and neighboring public
thoroughfares.
5. 1Vill not involve uses, activities, processes, materials, equipment and conditions of operation that avill be
detrimental to any persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Wlill fully comply avith 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.
S:\Community Development\Planning Main\Case Files\CUP\CU 10-07 Kostreba\CU 10-07 Staff report to PC 46-10.doc
Case File: CU 10-07 Midwest Ministorage
Page 3
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 consistent with all
of these standards.
Analysis
The outdoor storage is intended to include space for the storage of boats and recreational vehicles.
The City Council as recently at March 2010 (CU 10-01) indicated a concern with unending outdoor
storage. The Council imposed time restrictions in that case: The storage could not commence until
the 1St two buildings were completed, and must end when the 4th building is built. This condition
was imposed because there is physically no room once the 4t'' building is built. The applicant does
not propose a timeline, but notes that it could "easily take 10-15 years to build enough buildings to
use up all that land..." Staff suggests imposing a timeline to encourage the property to build
additional buildings to house the materials. The most recent application noted that build-out was
expected in the next 4-6 years. Staff is suggesting 5 years for the outdoor storage permit to expire if
no progress is made on the development of the facility.
The proposed storage area, with no landscaping, will be highly visible from the train tracks. (The
most recent CUP proposed landscaping along the property line abutting the train. This landscaping
included a mix of overstory and evergreen trees.) Staff is suggesting that the landscaping plan be
revised to reflect the added need for screening from the train tracks. These revisions would be
approved by staff. Additionally, a letter of credit in an amount approved by staff to guarantee the
installation and establishment of the landscaping will need to be deposited prior to the use of the
area as outdoor storage. The screening and the letter of credit are very appropriate, given the history
and the influence this property (and the landscaping requirement) has on the image of Elk River.
Comprehensive Plan
The use of outdoor storage as accessory to a principle permitted use is appropriate in the I-2 zoning
district. Further, it seems appropriate given the lack of municipal water services.
Grading/Drainage
The city engineer has noted erosion at the storm water detention basin. He notes that this must be
corrected, especially since the additional storm water runoff associated with increased parking
surface will only increase the problem.
The site plan does not indicate the surface material of the outdoor storage. City Ordinance permits
at minimum class V, asphalt, or concrete. This should be specified.
Landscaping
The original site plan included requirements for landscaping around the building. These plants have
not survived. The applicant has indicated that city staff prohibited the drilling of a well for irrigation
purposes.
S:\Communiry Development\Planning Main\Case Files\CUP\CU 10-07 Kostreba\CU 10-07 Staff report to PC 4G-10.doc
Case File: CU 10-07
Page 4
Midwest Ministorage
Staff notes that the landscaping requirement is not forgiven because the plants died. Further work
must be done to guarantee their survival.
Action Motion by Second by Vote
Follow Up
S:\Community Development\Planning Main\Case Files\CUP\CU 10-07 Kostreba\CU 10-07 Staff report to PC 46-10.doc
^ ~~
CRy of
El -~-1
River
Location Map
N
Case Number: CU 03-05 RUSSELL/RYAN KOSTREBA
Memorandum
Date: 4/5/10
To: Jeremy Barnhart
From: John Anderson
RE: Kostreba Mini Storage Expansion
r
BDM
CONStiLTINO ENOP~tEERS AND SURVEYORS, PLC
60 Plato Boulevard East; Suite 140
St. PaW, MN 55107
763-786-4570, Fax 763-786-4574
I have reviewed the sketch provided for the Kostreba Mini Storage Expansion. I met on site
with Russell Kostreba to look at the erosion area. Mr. Kostreba said that he is concerned
about ability to access to the property where the storm water pond is located in order to do any
work to repair erosion. I found the erosion of the pond is as described by Mr. Kostreba. The
eroded area is approximately 2 to 3 feet wide and 9 to 18 inches deep. The eroded slope of the
pond is on the south end of the pond and along the path where the surface drainage from the
Mini Storage site enters the pond.
The proposed expansion of the Mini storage site will increase run off to the pond and add flow
to the area where the erosion has developed. Given these conditions it is necessary to repair
the erosion in conjunction with the expansion of the mini storage site. The plan for the mini
storage site should be amended to include work to restore the south slope of the pond.
BDM Project #
Elk ~
River
13065 Orono Parkway
Elk River, MN 55330
March 10, 2010
Midwest Mini-Storage
Mr. Iiostreba
15029 197`h Avenue 1~1
Elk River, MN 55330
Re: Conditional Use Permit amendment -Staff Comments
Dear Mr. Kostreba,
At the Site Plan Review Committee meeting on March 2°d, staff re~=iea=ed jTour application
and has the following comments:
Timetable
1) I anticipate this item going to the Planning Commission on April 13`~ and to the City
Council on April 19`h. These meetings will likely start at 6:30.
Engineering
2) Please note City= Engineer's comments in the attached memo dated March 9, 2010.
Lan ds Gaping /Vegetation
3) The original site plan approved in 2003 indicated a number of trees to be planted. It does
not appear that these trees have been planted, or are no longer living. These trees will need
to be planted. I am attaching the approved landscape plan from 2007. Regardless of the
action of the Council regarding 3=our amendment, these trees will need to be installed.
Fire Chief
4) Please note that at least a 20-foot wide clear aisle must be preser~=ed around the outdoor
storage.
Miscellaneous
5) Sign. The ordinance allows one free standing sign, currently installed along Janris Street.
To install a second sign, a variance will be necessary. As an alternative, 5=ou may consider
placing a sign on the building. You are permitted one 120 sq. ft. sign.
61 The Cith Council will likely impose some time limit associated with the outdoor storage.
The sense staff got from the Council during the review of a similar use v=as that their felt it
was more of a temporanr feature, rather than a long term feature. ~X~hat is 3=our expected
time line
Phone: 763.635.1000
Fax: 763.635.1Og0
www ci.elk-river.mn.us
a R
Cotrunent to Kostreba, Cli 1 U-(1 i page.'_
It is helpful to generate apoint-by-point response letter to these comments as part of ~~our
newt submittal. That way, focus can be directed to comments that were not addressed and to
those that required additional discussion, reducing time necessa>-~- for staff review.
The point-by-point letter, supporting information, and any revised draw%ings should be
provided by April 6`'', ?010 for inclusion in the Planning Commission packets that go out
that meek.
Please do not hesitate to contact me should you have any questions, I can be reached at
(763j 635-1000.
Sincerely,
J remy B art
Planning I\~Ianager, !~ICP I
i
i
G\Lsers''~dhuebner\=1PPData\Local\i\licrosoft\1~%indou•s\1'c~rnporan- lntemet Files\OL3~R7F.4\CU lU-0? Seafi reciecc letter ;-S-lU.doc
Memorandum
Date: 3/9/10
To: Jeremy Barnhart
From: John Anderson
RE: Kostreba Mini Storage Expansion
BDM
CONSULTPVG ENG[NEERS AND SURVE~'ORS, PLC
60 Plato Boulevard East; Suite 140
St. Paul, MN 55107
763-786-4~70,Fax 763-786-4574
I have reviewed the sketch provided for the Kostreba Mini Storage Expansion. The following
are my comments:
1. The surface of the outdoor storage area is not identified in the plan. The plan should
identify what hard surface material will be put in place.
2. The drainage for the site is primarily directed to the storm water pond to the north, Aerial
photos of the site show erosion in the area where this drainage enters the pond. The plans
should include a solution to this ongoing problem. As well as removal of sediment that has
been washed into the bottom of the pond.
BDM Project #
Midwest Mini-Storage
15930 Jarvis ST Elk River MN 55330
Owners: Russell Kostreba Ryan Kostreba
Elk River Planning Commission and City Council Members
Our request is for amendment to our existing conditional land use permit. We are
asking for use of outdoor storage to store boats and motorized and non-motorized
Recreational vehicles. Also we want to make a change to the site plan to show a new
sign located at the back of the property to be seen from the forth Star commuter train.
There will be no change to the existing Grading plan or marked parking spots
needed. All spots for outdoor storage will be contained behind existing buildings to
minimize being seen from the street.
Thank you for your consideration
Midwest Mimi-Storage
Russell Kostreba CEO
763-441-2583
Pictures sent with application
The first three (3}pictures are a view of Midwest Mini-Storage's facility from the street.
The next two (2) pictures are a view of Midwest Mini-Storage's neighbor directly to the
south.
The 6~' picture is a view from across the rail road tracks looking through the property of
the same neighbor in pictures 4 and 5 at the back of Midwest Mini-Storage's facility.
The last two (2) pictures are the view from the street of a property located 3 property's
north of Midwest Mini-Storage.
List of items and equipment to be stored out doors
Boats
Boat trailers
Campers
Motor homes
Car trailers (open or enclosed)
Snowmobile/AT'V trailers (open or Enclosed)
All items to be stored will have to follow an appearance code. (I.E. no broken windows,
no missing covers or body panels, no flat tires ect.)
March 15, 2010
City of Elk River
Jeremy Barnhart
13065 Orono Parkway
Elk Rver MN 55330
~ ~~lO
Re: Conditional use permit amendment-response
Dear Mr. Barnhart,
Here are my point by point response to city staff and engineer's comments:
Eneineerine
2-1.) The surface Midwest Mini-storage planned to use for the outdoor storage area is class 5
Gravel.
2-2.) We at Midwest Mini-Storage inspected stated erosion and found that most of the erasion
is only 2-3 feet wide and 9-18 inches deep. There is now vegetation growing in this area to
prevent more erosion. We feel with the difficulty in growing any kind of vegetation in the
sandy soil that doing any kind of dirt work may actually amplify the problem and start the 4-6
year battle over that the actual land owner went through of stopping the erosion .
Landscaping/vegetation
3.) All Tree's required were originally planted and have since died. 30 tee's were replanted and
most have- died. At the time of construction We were told By a member of the City of Elk River
staff that we could not have a well at the site for only irrigation purposes, that we need to have
an office with bathrooms, a septic system, and parking stalls to accommodate. That was not a
good financial path to take so we declined. So with no water to keep trees alive they have died.
This spring we planned on started with 5-10 new tree's with a new plan to help keep them
alive. If this worked we would do another 5-10 trees Until we get. to where we need to be.
Fire Chief
4.) we plan on having a 25 foot wide path all the way around the area.
Miscellaneous
5.) We will leave the sign for now and reconsider the best path to take.
6.) We do not have an expected timeline. It could easily take 10-15 years to build enough
buildings to use up all that land and we do not know how the economy or our business will do
for the next 10-15 years. So our plan was for permanent outdoor storage. As the city lawyer
stated many city's require mini-storage's to have outdoor storage so as not to clutter up yards
in town. That is along the lines of what we were thinking.
Sincerely,
Russell Kostreba CEO
Midwest Mini-Storage
763-441-2583
763-438-6151
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DATE: 01 /31 /03 N~/ DATE DESCRIPTION
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me or under my direct supervision DESIGN 13Y: MCB 1 03 OB 03 CITY COMMENT
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RELOCATE ENTRANC
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RUSSEL KOSTREBA 8081-10SK1.DWG
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°fa Signature: 03
-I~ GRADING PLAN / /
Date: 02 26 03 P.eq. No. 26777
FILE NO.: 6081.1 1-
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IRC DATE: 02/26/03 - NQ DATE DESCRIPTION
\
~ KOSTREBA MINI-STORAGE ,
.
ct„ii sngtneertng, sans surueyi~, Land Punning DESIGN BY: DLC 1 03 08 03 CITY COMMENTS
o ELK RIVER
MN 580 Dodge Avenue DRAWN BY- DLC M
o ,
Elk River, Minnesota 55330 3 07 OS 03 RELOCATE EN
RANCE DRIVE
763-447-2092 FAX 763-44f-5665 CHECKED BY: DLC
R US SEL K OSTR EB A
Offices in: Elk River, Burnsville 8081-IOLANDSCAPE.DWG
and Brooklyn Center, Minnesota TEXT:
-~ LANDSCAPE PLAN
FILE NO.: 8081-10-it
a
m
~_
r
507582
COUNTY RECORDER
5NEi~BURNE CO. MINtJ.
,,~ MfCHEI.f_E ASHF.
'03 ~q~ ~Z A~1 1~ `.f0
STATE OF MINNESOTA
COUNTY OFSHERBURNE
CITY OP ELK RNER
In the matter of: Russell and Ryan Kostreba
Request: Conditional Use Permit for Mini-Storage Facility
Case No, CU D3-05
Cascade I Land Co., Owner
CONDITIONAL USE
PROCEEDINGS
ORDER GRANTING
CONDITIONAL USE
The above entitled matter came to be heard before the City Council on the 21st day of April,
2003 on a petition. for a Conditional Use pursuant to the City of Elk River Zoning Otx[inance, for the
following described property:
Lot 2, flock 1, Cascade Industrial Park,
Sherburne County, Minnesota
IT TS ORDERED that a Conditional Use be granted as upon the following conditions or reasons;
1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED.
2. ALL DRIVE AISLES BE SIGNED ONE-WAY.
3. THE PAK LIGHTING ON THE ENDS OF THE BUILDING SHALL NOT
SHINE ONTO ADJACENT PROPERTIES.
4. THE LOCATION OP TI3E FREESTANDIlVG SIGN SHALL BE SHOWN ON
THE SITE PLAN.
5. BITUMINOUS CURB SHALL BE INCLUDED AROUND THE PAVED AREA5
THAT DO NOT HAVECONCRETECURB/GUTTER.
CITY OF ELI RIVER CITY COUNCIL
6. A STREET LIGHT SHALL BE INSTALLED ALONG JARVIS STREET ON THE
SOUTH SIDE OP THE ENTRANCE PER THE POLICE DEPARTMENT
RECOMMENDATION.
7. PARSING SPACES POR THE WALKUP UNI'T'S SMALL BE SIiOWN ON THE
SITE PLAN. THEY SHALL BE LOCA'T`ED ADJACENT TO THE ENDS OF
THE BUILDINGS. A MINIMUM OF TWO SPACES AT EACH END SHALL BE
PROVIDED.
8. NO OUTDOOR STORAGE IS ALLOWED.
9, STORAGE OF HA7ARDOUS OR FT.AMMARj.,E MATERIAL IS PROHIBITED.
10. NO ACTIVITIES SUCH AS AUCTIONS, SALES, REPAIR OR SERVICING OF
GOODS, VEHICLES, EQUIPMENT OR MATERIALS SHALL BE
CONDUCTED FROM THE SITE.
11. N4 ELECTRICAL SERVICE SHALL BE PROVIDED POR TENANTS.
12. NO PARKING SIGNS SHALL BE INSTALLED AT APPROPRIATE
LOCATIONS.
13. THE HOURS THAT THE FACILITY CAN BE OPEN SHALL BE LIMITED TO
6AM TO 10PM.
DATED this 21st day of April, 2003.
S:\I'L,ANNIItiIGICasa Fites~2003\CU 03-05 Kostreba-Mini Starags~Recorc~ag dnc,~nc
STATE OF MINNESOTA )
COUN'T'Y OF SHER$LTRNE j ss.
CITY OF ELK RIVER
ELK RIVER
I, Michele McPherson, Director of Plarming for the City of Elk River with and in for said
City, do hereby ceriafy 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 w be a true
transcript of the whole thereof.
If the proposed work described in a conditional use pernut has not been substantiaIIy
completed withirx two (2) years after its date of issuance, the permit shall expire and became void
except that the Counal 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.
r
~Y
Mi ele McPherson
D' ector of Planning
IN TEST'IMO1~lY 'WHEREOF, I have hereunto subscribed my hand at Ever,
' esota, in the County of Sherburne, in the City of Elk River, on the ~ day of
2403.
DRAFTED BY:
City of Elk River Signed before me a NOTARY PUBLIC
E1kRiver, lVlinnesota 55330 this ~~ay of , 2043.
DEBORAH KAY FiUEBNER
NOTARY PlJ9t.iC • M11NNE&O7A
My Ctxr~missbt~ Expires JBn. 3i, Zi)05
OFFICE OF CITY PLANNING
AND ZONING
S;~PLAI+IIVUVG\Crasa Fiies~2003~CU 03-OS Kostreba-Mini Storage~Ftxording doc.doc