HomeMy WebLinkAbout5A H&M Commercial CUP
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
PREPARED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
INTRODUCTION:
PLANNING REPORT
SA
PUBLIC HEARING TO CONSIDER AMENDING A
CONDITIONAL USE PERMIT TO ALTER THE
ALLOWED OUTDOOR STORAGE IN THE 1-1
(GENERAL INDUSTRIAL) ZONING DISTRICT
DANETTE MOORE, PLANNING COORDINATOR
--LYES _NO-N/A
EP 08-100
FEBRUARY 11, 2008
H & M Commercial Properties has applied to amend a Conditional Use Permit to
alter the allowed outdoor storage on the site located at 17182 Adelmann Street,
within the Deerfield Industrial Park.
The property is zoned 1-1 (General Industrial). Outdoor Storage is permitted with
a Conditional Use Permit in the 1-1 district, subject to the following conditions:
1102. 1503(8) Outdoor Storage. Conditions:
a. Storage shall be screened with fencing, landscaping, berming or
some combination thereof from all property lines and abutting public
rights-of-way. A buffer yard shall be required when the outdoor
storage abuts. any property in an "R" Use District pursuant to
subsection 1107.2003.
b. Storage shall not be permitted within any required yards or buffer
yards.
c. Storage areas shall be separated from the vehicular parking and
circulation areas. This separation shall be clearly delineated by a
physical separation such as greenway, curb, fence or line of planters.
d. Stored materials shall not interfere with either on-site or off-site traffic
visibility.
e. Inoperative vehicles or equipment or other items typically stored in a
junkyard or salvage yard shall not be stored on land on which storage
is permitted with conditions under this Section.
f. All areas used for storage shall be paved.
1:\08 files\08 cup's\h & m commercial properties\pc report.doc
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
HISTORY
In April of 2005, the Greystone Construction Company was granted a Conditional
Use Permit (CUP) to allow outdoor storage on the site located at 17182
Adelmann Street. The CUP allowed 24,989 square feet of outdoor storage for a
landscaping and auto body repair establishment.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site is approximately 3.5 acres.
Existina Use: The site has an existing 18,576 square foot structure for an auto
body, landscaping, industrial supply, and a yet to be determined use.
Topoaraphv: The site is relatively flat. The site was graded previously as part
of the Deerfield Industrial Park development.
Wetlands: There is a wetland located on the southwest corner of the site. The
outdoor storage area will not disturb the existing wetland.
Access: Access to this property is from Adelmann Street.
Adiacent Existina Uses. land Use. and Zonina:
Existing Use land Use Zoning
Designation
West Townhomes R-L/MD R-2
East Vacant Land (Deerfield I-PI Planned 1-1
Industrial Park) Industrial
North Vacant Land (Deerfield C-BO Business C-5
Industrial Park) Office Park
South Single Family I-PI Planned 1-1 &
(Spring Lake Industrial & UER Urban
Township) and Single Family Expansion Reserve
(Deerfield Industrial Residential
Park-Busse Bus
Garaqe)
ANAL YSIS:
The applicant is requesting to modify the originally approved CUP that allows
24,989 square feet of outdoor storage for a landscaping and auto body repair
establishment. While the auto body outdoor storage (northwest corner of site)
area will remain unchanged, the landscaping outdoor storage area will be
modified to incorporate an additional use of an industrial supplier. The industrial
supplier typically serves as a supplies wholesaler to municipalities (paper towels,
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2
soaps, safety vests, etc). Collectively, the landscaper and industrial supplier
businesses make up the H & M Commercial Properties LLC. The following items
are proposed to be stored in the outdoor storage area (site plan and photos
attached):
· 4-6 landscape trailers (variety of enclosed, bobcat, and/or flat bed trailers
which will not exceed 10ft in height), which is similar to previous
landscaping operation on the site.
· Landscaping materials (paver edger's, etc) which will not exceed the
height of the six foot fence.
· Landscape bunkers for loose supplies (rock, soil, wood, etc).
· Pick-ups (3).
. Refuse dumpster.
· 2 semi-trailers. The semi-trailers are for storage and are exchanged out
for identical trailers one to two times per year at the most (filled with a new
load of paper towels, etc). The trailers are approximately 8 ft wide x 52 ft
long and 8ft wide x 48 ft long. Neither trailer will exceed a height of 12'6
ft.
· 1 box truck (noted on photos with the lettering stating "Zack's').
All other items utilized by the business will be stored within the building.
Parkina: The Zoning Ordinance requires one parking space be provided for
each 20,000 square feet of land devoted to outdoor storage. The site plan
indicates 24,989 sq ft will be used for outdoor storage. The outdoor storage area
is required to have 2 parking spaces for this use. The original site plan shows 33
parking spaces for the site (excluding the parking within the auto body repair
outdoor storage area). The amount of outdoor storage and parking spaces is
unchanged from the original CUP approval and will meet the Code requirements.
Storm Water: Storm water infiltration needs were addressed as part of the
approval for the Deerfield Industrial Park.
Sians: If the applicant proposes to alter any signage, it will need to meet the
Code requirements related to the 1-1 district. The applicant is required to apply
for sign permits for any altered or new signage.
Screenina: The screening of the outdoor storage area will remain unchanged
from what was approved as a part of the original CUP. The outdoor storage area
is fully enclosed by a six foot high (board on board) wooden fence with existing
landscaping.
Buffer Yard: The Code requires that buffer yard areas adjacent to residential
(R-2) be a minimum of a buffer yard E, as detailed in Section 1107.2003 of the
Code. The original CUP met this Code requirement, which will remain
unchanged.
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3
Liahtina: Reflected glare or spill light shall not exceed a 1.0 foot-candle at the
property line when the source of light abuts any commercial or industrial parcel
and a .5 foot-candle abutting a residential use. The original CUP application had
an approved photometric plan that detailed 13 downcast light fixtures that are
mounted to the building and will remain unchanged.
OUTDOOR STORAGE FINDINGS:
Section 1102.1503 of the Zoning Ordinance allows outdoor storage with a
conditional use permit in the 1-1 district. The use is subject to six criteria, listed
below. The review of the request in respect to these criteria is shown in bold
lettering.
· Storage shall be screened with fencing, landscaping, berming or some
combination thereof from all property lines and abutting public rights-of-
way. A buffer yard shall be required when the outdoor storage abuts any
property in an "R" Use District pursuant to subsection 1107.2003.
The proposed screening includes an existing six foot high wood
fence. A landscaping buffer yard will be provided along parking
areas and areas that abut the adjacent residential district.
· Storage shall not be permitted within any required yards or buffer yards.
The proposed outdoor storage meets all required setbacks.
· Storage areas shall be separated from the vehicular parking and
circulation areas. This separation shall be clearly delineated by a physical
separation such as greenway, curb, fence or line of planters.
The storage area will be clearly separated from the vehicular parking
and circulation areas with the use of curbing and a fence, which will
fully enclose the area.
· Stored materials shall not interfere with either on-site or off-site traffic
visibility.
The outdoor storage will not interfere with either on-site or off-site
traffic visibility.
· Inoperative vehicles or equipment or other items typically stored in a
junkyard or salvage yard shall not be stored on land on which storage is
permitted with conditions under this Section.
This area will not be allowed to have parts within the outdoor
enclosure and all vehicles (not inclusive of semi-trailers) must have
current state licensing and registration.
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· All areas used for storage shall be paved
The outdoor storage area has a paved surface.
CONDITIONAL USE PERMIT FINDINGS:
Section 1108.200 of the City Code sets forth the general criteria utilized to review
a CUP application.
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Two of the objectives of the Comprehensive Plan is to "maintain high
standards in the promotion and development of commerce and
industry." A policy supporting this objective is to "maintain proper
physical site screening and landscaping standards." The outdoor
storage is consistent with the goals, objectives, and policies of the
Comprehensive Plan provided it compiles with the conditions of
approval.
(2) The use will not be detrimental to the health, safety, morals and general
welfare of the community as a whole.
The uses will not be detrimental to the health, safety, and general
welfare of the community as a whole provided all conditions of approval
are met.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance
and the Use District in which the Conditional Use is located.
The purpose of the 1-1 use district is "to provide areas of the community
that will allow general industrial uses that, due to their size and nature,
would not conform to the le_5' Business Park Use District." Outdoor
storage is appropriate for this district because of aesthetics.
One purpose of the Zoning Ordinance is to "protect the residential,
business, industrial and public areas of the community and maintain
their stability." The proposed use is consistent with this goal, provided
the site complies with all conditions of approval.
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(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements, which are either existing or proposed.
So long as all conditions of approval are adhered to the uses will not
over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
The Zoning Ordinance places conditions on outdoor storage in the 1-1
use district to protect adjacent uses. Provided all conditions are met,
the use will not have undue adverse impacts on the properties in close
proximity.
(6) The use is subject to the design and other requirements of site and
landscape plans prepared by or under the direction of a professional
landscape architect, or civil engineer registered in the State of Minnesota,
approved by the Planning Commission and incorporated as part of the
conditions imposed on the use by the Planning Commission.
A professional engineer prepared the original site plan for the
application.
(7) The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which illustrate locations of city
water, city sewer, fire hydrants, manholes, power, telephone and cable lines,
natural gas mains, and other service facilities. The plans shall be included as
part of the conditions set forth in the CUP approved by the City Council.
A registered civil engineer prepared drainage and utility plans for the
original administrative site plan application.
(8) The use is subject to such other additional conditions which the Planning
Commission may find necessary to protect the general welfare, public safety
and neighborhood character. Such additional conditions may be imposed in
those situations where the other dimensional standards, performance
standards, conditions or requirements in this Ordinance are insufficient to
achieve the objectives contained in subsection 1108.202. In these
circumstances, the Planning Commission may impose restrictions and
conditions on the CUP which are more stringent than those set forth in the
Ordinance and which are consistent with the general conditions above. The
additional conditions shall be set forth in the CUP approved by the Planning
Commission.
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6
The Planning Commission may revise recommended conditions or
attach additional conditions, as they deem appropriate to protect the
general welfare, public safety, and neighborhood character.
CONCLUSION
Overall, staff believes the outdoor storage is consistent with the intent of the 1-1
use district provided conditions of approval are met. Based upon the findings set
forth in this report, staff recommends approval of the Conditional Use Permit. In
order to meet the above-listed criteria, the Planning staff recommends the
following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after City Council approval.
2. All vehicles within the outdoor storage area must be licensed and registered.
3. A sign permit application must be submitted to the City prior to the installation
or alteration of any signage on the site.
4. All parking spaces located beyond the enclosed outside storage area shall be
for customer and employee parking only.
5. All conditions listed in Section 1102.1503(8) of the Zoning Ordinance shall be
met.
ALTERNATIVES:
1. Approve the amended CUP with conditions as recommended or any other
conditions the Planning Commission feels are warranted.
2. Deny the amended CUP. In this case, the Planning Commission should be
specific about findings of fact.
3. Continue the request to a specific date and direct the applicant to provide the
necessary additional information.
RECOMMENDATION:
The Planning staff recommends approval of the CUP subject to the listed
conditions.
ACTIONS REQUIRED:
A motion and second to approve Resolution 08-04PC approving an amended
Conditional Use Permit to allow outdoor storage in the 1-1 Zoning District, subject
to the listed conditions.
ATTACHMENTS:
1. Location Map
2. Resolution 08-04PC
1:\08 files\08 cup's\h & m commercial properties\pc report. doc
7
H & M Commercial Properties CUP
Location Map
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 08.04PC
APPROVING AN AMENDED CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE 1.1 (GENERAL
INDUSTRIAL) ZONING DISTRICT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on February 11, 2008, to consider
an application from H & M Commercial Properties, LLC to amend a Conditional Use Permit (CUP) to
allow outdoor storage; and
Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior
Lake Ordinances; and
The Planning Commission proceeded to hear all persons interested in this CUP and persons
interested were afforded the opportunity to present their views and objections related to the CUP; and
The Planning Commission approved the CUP with specific conditions; and
The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent
of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning
Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
Section 1108.200 of the City Code sets forth the Qeneral criteria utilized to review a CUP application.
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan is to "maintain high standards in the promotion and development of
commerce and industry." A policy supporting this objective is to "maintain proper physical site screening and landscaping
standards. " The outdoor storage is consistent with the goals, objectives, and policies of the Comprehensive Plan provided
it compiles with the conditions of approval.
(2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole.
The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all
conditions of approval are met.
L:\08 FILES\08 CUP'S\H & M Commercial Properties\resolution.DOC
www.cityofpriorlake.com
Page 1
Phone 952.447.9800 / Fax 952.447.4245
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the
Conditional Use is located.
The purpose of the 1-1 use district is "to provide areas of the community that will allow general industrial uses that, due to
their size and nature, would not conform to the 'e-5' Business Park Use District." Outdoor storage is appropriate for this
district because of aesthetics.
One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community
and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of
approval.
(4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
So long as all conditions of approval are adhered to the uses will not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
The Zoning Ordinance places conditions on outdoor storage in the 1-1 use district to protect adjacent uses. Provided all
conditions are met, the use will not have undue adverse impacts on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by
the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning
Commission.
A professional engineer prepared the original site plan for the application.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable
lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
A registered civil engineer prepared drainage and utility plans for the original administrative site plan application.
(8) The use is subject to such other additional conditions which the Planning Commission may find necessary to
protect the general welfare, public safety and neighborhood character. Such additional conditions may be
imposed in those situations where the other dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In
these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are
more stringent than those set forth in the Ordinance and which are consistent with the general conditions above.
The additional conditions shall be set forth in the CUP approved by the Planning Commission.
The Planning Commission may revise recommended conditions or attach additional conditions, as they deem appropriate
to protect the general welfare, public safety, and neighborhood character.
L:\08 FILES\08 CUP'S\H & M Commercial Properties\resolutionDOC
Page 2
The Conditional Use Permit is hereby approved on the property legally described as follows:
Lot 1, Block 1, Deerfield Industrial Park 4th Addition, Scott County, Minnesota.
The Conditional Use Permit is hereby approved subject to the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council approval.
2. All vehicles within the outdoor storage area must be licensed and registered.
3. A sign permit application must be submitted to the City prior to the installation or alteration of any signage on the site.
4. All parking spaces located beyond the enclosed outside storage area shall be for customer and employee parking only.
5. All conditions listed in Section 1102.1503(8) of the Zoning Ordinance shall be met.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants an amended Conditional Use Permit for
outdoor storage in the 1-1 district. The contents of Planning Case Files # EP08-100 are hereby entered into and made a part of
the public record and the record of the decision for this case.
Passed and adopted this 11th day of February, 2008.
Vaughn Lemke, Commission Chair
ATTEST:
Jane Kansier, Planning Director
L:\08 FILES\08 CUP'S\H & M Commercial Properties\resolutionDOC
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H&M
Commercial Properties LLC
January 11, 2008
H & M Commercial Properties LLC is a company that has been in the process of forming since 2006. The
two companyes that form H&M are The Mandinec Group Landscaping tnc., established in 1994 president
Curtis Mandinec and Zacks Induratir1a1 Supplies Incorporated, established 1972 president Duane Hoffman.
The outside storate will consist of 2 tractor trailers, 1 sometimes 2 larger trucks, 1-2 enclosed landscape
trailers, open landscaped trailers and bobcat trailers. Their are 3 outside bins that will be used to store
extra materials. Their are designated areas that are going to be used for extra supplies. In the summer
their will be employee parking in back as well as our company vehicles.
Both companies deal with very high profile clients. As we moved our two companies into the Prior Lake
Industrial Park we are very excited and do want to express that we are going to run a neat and clean yard.
But, we also want to note that this in not a residential property it is zoned 11 induratial.
ThankYo,/,:? J /. __
~~~~
Curtis J. Mandinec presi~t, ;;-~ Commercial Properties
President, The Mandinec Group Landscapint Inc
Duane Hoffman Vice President, H&M Commercial Properties
President, Zacks Indurtrial Supplies