HomeMy WebLinkAbout5B CUP - EM Products
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
PREPARED BY:
PUBLIC HEARING:
CASE FilE #:
DATE:
INTRODUCTION:
PLANNING REPORT
5B
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT TO AllOW OUTDOOR STORAGE IN
THE C-5 (BUSINESS PARK) ZONING DISTRICT.
JEFF MATZKE, PLANNER
-2LYES _NO-N/A
EP 08-101
FEBRUARY 25, 2008
EM Products has applied for a conditional use permit to allow outdoor storage on
a site located at 5380 Cottonwood Lane. Currently, the site contains a 28,800
square foot structure.
The property is zoned C-5 (Business Park). Outdoor Storage is permitted with a
Conditional Use Permit in the C-5 district, subject to the following condition:
1102.1403(2) Outdoor Storage. Condition:
a. Such use occupies an area no larger than 50% of the floor area of the principal
structure and provided it is screened from view of adjacent residential property
and public streets in accordance with the City's landscaping and screening
Ordinance.
BACKGROUND:
The applicant, EM Products, is a manufacturer of industrial engine exhaust parts.
They have occupied the site since 1995. In a narrative the applicant states that
"due to an increase in the volume of product being constructed and shipped from
the facility a temporary strain on the useable production space has arisen". To
manage the temporary strain, the applicant has placed product outside the
building while it awaits shipment. Over the past several months the applicant
has been in contact with City Staff to reconcile these outdoor storage issues.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site is approximately 3.5 acres.
Topoaraphv: The site is relatively flat.
1:\08 files\08 cup's\em products\pc report. doc
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
Veaetation: The site contains various deciduous and coniferous tress as well as
other landscaping materials.
Access: Access to this property is from Cottonwood Lane.
Wetland: There are no wetlands present on the site.
Adiacent Existina Uses, land Use, and Zonina:
West
Existin Use
Fish Point Road
City Fire Station
Metro Cabinets (Light
Manufacturin
Cou nty Hwy 21
Vacant
NBC Products
East
North
South
ANALYSIS:
land Use Desi nation
R-LD (Low Density
Residential)
C-BO (Business Office
Park
R-LD (Low Density
Residential)
C-BO (Business Office
Park
Zonin
R-1 (Low
Density
Residential
C-5 (Business
Park
R-1 (Low
Density
Residential
C-5 (Business
Park
EM Products is asking for approval of a 6,730 square foot outdoor storage area
on the east side of the current structure. This storage area would be used for
placement of industrial engine exhaust parts as well as pallets and crates. As
identified in the attached narrative they have proposed to place sections of
temporary board on board wooden fencing (74.50 inches high by 124.75 inches
long) around the perimeter of the outdoor storage area.
The business operations of EM Products involve constant shipment of their
product from the site. Due to increases in product volume, they place the
product outside to await shipment from the site. They state that the temporary
fencing will allow for the access of product when loading for shipment.
EM Products has informed staff that the request to allow temporary fencing is
also due to the short term nature of their lease of the property. The applicant
states this lease continues through June 2008. EM Products is discussing plans
to expand the building on site but is hesitant to develop such plans until a long
term lease agreement can be reached.
Parkina: Currently 63 parking spaces are located on site. The City Code
requires 62 spaces for the configuration of the current use. In addition to the
initial 62 spaces, the Code requires one (1) parking space for each 20,000
1:\08 files\08 cup's\em products\pc report.doc
2
square feet of land devoted to outdoor storage. Temporary outdoor storage of
the product will occupy the space of 16 parking spaces. EM Products has,
however, informed staff that their parking needs for the site will continue to be
met with the remaining 47 parking spaces. Reducing the parking on a temporary
basis may be permissible; however, if the outdoor storage becomes permanent,
the applicants must provide all of the required spaces on the site.
OUTDOOR STORAGE FINDINGS:
Section 1102.1403(2) of the Zoning Ordinance allows outdoor storage with a
conditional use permit in the C-5 district. The use is subject to one condition,
listed below.
· Such use occupies an area no larger than 50% of the floor area of the
principal structure and provided it is screened from view of adjacent
residential property and public streets in accordance with the City's
landscaping and screening ordinance.
The floor area of the principal structure is 28,800 square feet. The
proposed square footage of outdoor storage will not exceed 50% of
the floor area of the structure. With the fencing, and the existing
landscaping, the proposed application will meet the Code
requirements.
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.
One 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.
1:\08 files\08 cup's\em producls\pc report.doc
3
(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 C-5 Use District is "promote high standards of design and
construction for business park uses in the City. These standards are set forth
in order to enhance the visual appearance of each "C-5" Business Park Use
District within the City, to preserve the taxable value of property and to
promote the public health, safety, and welfare." As a temporary measure the
proposed materials appear appropriate for the district.
(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 C-5 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.
The original site plans for the site were completed by a registered engineer.
(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 as part of the
previously approved 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
1:\08 files\08 cup's\em products\pc report.doc
4
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. Due to the temporary
nature of the fencing design, staff would recommend the Planning
Commission establish a future date to revisit the outdoor storage needs of
the business to determine whether a more permanent outdoor storage area is
necessary if the applicant still has certain plans of expanding the building.
Staff also recommends the condition that if the outdoor storage becomes
permanent or parking needs cannot be accommodated in the future, either a
reduction of the outdoor storage area will be required or additional parking
spaces must be provided to accommodate the parking.
CONCLUSION
Overall, staff believes the temporary outdoor storage is consistent with the intent
of the C-5 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 Planning Commission shall review the conditional use permit prior to
July 31, 2008 in order to determine whether a more permanent outdoor
storage area is necessary.
2. If the outdoor storage becomes permanent or parking needs cannot be
accommodated in the future, either a reduction of the outdoor storage area
will be required or additional parking spaces must be provided to
accommodate the parking.
3. The applicant shall only place outdoor storage within the confines of the
approved site plan (attached as Exhibit A).
4. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after Planning Commission approval (including Exhibit A).
ALTERNATIVES:
1:\08 files\08 cup's\em products\pc report.doc
5
1. Approve the CUP with conditions as recommended or any other conditions
the Planning Commission feels are warranted.
2. Deny the 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 08-05PC approving a Conditional
Use Permit to allow outdoor storage in the C-5 Zoning District, subject to the
listed conditions.
ATTACHMENTS:
1 . Resolution 08-05PC
2. Location Map
3. Applicant's Site Plan and Narrative
4. Site Photo's
1:\08 files\08 cup's\em products\pc report. doc
6
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 08.0SPC
APPROVING AN AMENDED CONDITIONAL USE PERMIT TO AllOW OUTDOOR STORAGE IN THE C.S (BUSINESS
PARK) ZONING DISTRICT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on February 24, 2008, to consider
an application from EM Products 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\EM Products\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 C-5 Use District is "promote high standards of design and construction for business park uses in the
City. These standards are set forth in order to enhance the visual appearance of each "C-5" Business Park Use District
within the City, to preserve the taxable value of property and to promote the public health, safety, and welfare." As a
temporary measure the proposed materials appear appropriate for the district.
(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 C-5 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.
The original plans for the site were completed by a professional engineer.
(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 as part of a previously approved 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. Due to the temporary nature of the fencing
design, staff would recommend the Planning Commission establish a future date to revisit the outdoor storage needs of the
business to determine whether a more permanent outdoor storage area is necessary if the applicant still has certain plans
of expanding the building. Staff also recommends the condition that if parking needs cannot be accommodated in the
future, a reduction of the temporary outdoor storage area will be required to accommodate the parking.
L:\08 FILES\08 CUP'S\EM Products\resolution.DOC
Page 2
The Conditional Use Permit is hereby approved on the property legally described as follows:
Lot 1, Block 1, Waterfront Passage Addition, Scott County, Minnesota.
The Conditional Use Permit is hereby approved subject to the following conditions:
1. The Planning Commission shall review the conditional use permit prior to July 31, 2008 in order to determine whether a
more permanent outdoor storage area is necessary.
2. If the outdoor storage becomes permanent or parking needs cannot be accommodated in the future, either a reduction of
the outdoor storage area will be required or additional parking spaces must be provided to accommodate the parking.
3. The applicant shall only place outdoor storage within the confines of the approved site plan (attached as Exhibit A).
4. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning Commission
approval (including Exhibit A).
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants an amended Conditional Use Permit for
outdoor storage in the C-5 district. The contents of Planning Case Files # EP08-101 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 25th day of February, 2008.
Vaughn Lemke, Commission Chair
ATTEST:
Jane Kansier, Planning Director
L:\08 FILES\08 CUP'S\EM Products\resolution.DOC
Page 3
z
<(
-"
0-
W
e-
o;;
~
Z
D
Z
D
I-
U
W
(/)
W
0,:
::J
(/)
D
--1
U
Z
W
-$-~
--1
>->
<[
1-.
Wco
r::1,'
Ii'
III .
OLC\J
::J~
U~
--1
I-
L
co
CLI
<I:t-
OL.
u..-
(/)~
(y)C\J
, """:<s<c>
....~~...~
'"
\!lC\J
~.
~t;
B,~
'"'~ ~~; ~~;
~.~~ I~~ ~a~
~~g~ .' ~ if~
~i~E m ~~.
i'
t::{
rJ'
Q'
-'-
I-...
~
8
(
() / / "-
I / ~,
/
/
/ W
z
/ I---t I-
--1u....
W - /
/ uG
z(/) 4'0......
/ W(J'I
u.......o "6iJ
/ >-(J'I
~(\J
<[I"'-
~...o
D
(L
L
W
I-
HU
WZ
V) LL
DH~
(I ~ ~
EM Products
Location Map
w
N
+
570 1,140
Feet
ABSTRACT
This paper describes the scope ofthe Conditional Use Permit (CUP) that Phillips and
Temro Industries has applied for. Approval of the CUP would allow a temporary free
standing privacy fence to be erected on a portion of the property to allow for concealed
temporary storage of product awaiting daily shipment. Areas that will be covered in
greater detail in the body of this document will be the reason for the CUP, the type of
product that will be concealed by the temporary privacy fence, and the physical aspects
of the temporary privacy fence.
RATIONALE FOR THE CUP
Due to an increase in the volume of product being constructed and shipped from the Prior
Lake facility a temporary strain on useable production space has arisen. To cope with the
greater volume of product, while still being able to use the production space for
production, product awaiting daily shipment has been placed outside the building until
shipped. The addition of a temporary free standing privacy fence would allow for the
product awaiting shipment to be stored discretely until shipped.
PRODUCT PHYSICAL PROPERTIES
The product being concealed by the temporary privacy fence mainly consists of industrial
engine exhaust silencers, in addition to pallets and crates.
Figure 1: Medium silencer awaiting shipment
~\'
\",':.
'.;1.1..... '..... .' . . . ..,,~ ...~.... " ......
:'~f' .,' - .
_ ~-~:r{:
Figure 2: Shipping Crates
Figure 3: Fan Crates
~~
""*'~ "...~~~- ~~ .
.E
~;{~,a>,.~
_ ,...., ..' 1~g~ . ,
Figure 4: Large silencer awaiting shipment
TEMPORARY PRIVACY FENCE PROPERTIES
The temporary privacy fence is constructed in a manner so that the individual sections
can be easily moved to allow for product storage. The fence sections are each 124.75"
long and 74.5" high.
124.75
"1
r
- - -
I- .--
'- '--
Figure 5: Fence length detail
74.50
I: 22.25 ~ I
48.00 ----l
Figure 6: Fence width and height detail
Figure 7: Conceptual detail
CONCLUSION
The proposed temporary privacy fence meets both aesthetic and functional purposes,
allowing for safe, discrete storage of product. The design of the fence will meet the
requirements of the city of Prior Lake, while not impairing the growth being experienced
by Phillips and Temro Industries.
CONTACTS
Marko Popovich
Manufacturing Engineer
Phillips and Temro Industries
5380 Cottonwood Lane
Prior Lake, MN 55372
952-440-9200
Tom Meline
Operations Manager
Phillips and Temro Industries
9700 West 74th Street
Eden Prairie, MN 55344
952-918-9700
Photos taken Februarv 14. 2008
....
~
J!I!Jt-'oo .
Jl",~li '
.......-.....'.
.i,ji" ___
Southeast Corner of Building
East Side of Building
Photos taken February 14.2008
East Property Line
Southeast comer of Property