HomeMy WebLinkAbout5A On-Site CUP
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4646 Dakota Street S.E.
Prior Lake. MN 553721714
PLANNING REPORT
PREPARED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
5A
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT TO ALLOW OUTDOOR STORAGE IN
THE C-5 (BUSINESS PARK) ZONING DISTRICT.
DANETTE MOORE, PLANNING COORDINATOR
-L-YES _NO-N/A
EP 07-150
JANUARY 14, 2007
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
On-Site Engineering and Forensic Services, Inc. has applied for a conditional
use permit to allow outdoor storage on a site located at 5714 Graystone Court,
within the Deerfield Industrial Park. Currently, the site contains an 8,022 square
foot structure (6,780 sq ft. at the foundation).
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:
In April of 2005 the applicant applied for approval of the current On-Site
Engineering and Forensic Services, Inc. site layout. At that time (May 6, 2005),
City staff inquired as to if any outdoor storage would be necessary (letter
attached). On May 12, 2005 the City was informed that there would be no
outdoor storage on the site (letter attached). Since the construction of the
applicant's building (summer of 2005), the City Code Enforcement Officer has
worked with the applicant on several instances to reconcile outdoor storage
issues. The CUP application before the Planning Commission would bring the
current outdoor storage into compliance.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site is approximately 1.09 acres.
1:\07 files\07 cup's\on-site\pc reporLdoc
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
Topo~raphv: The site is relatively flat. The site was graded previously as part
of the Deerfield Industrial Park development and the initial building construction.
Ve~etation: A heavily wooded area extends along the northwesterly property
boundary. This portion of the property will not be impacted by the request.
Access: Access to this property is from Graystone Court.
Wetland: There are no wetlands present on the site.
Adjacent Existin~ Uses. land Use. and Zonin~:
Existing Use land Use Desi~nation Zonin~
West Vacant I-PI (Planned Industrial) C-5 (Business
Park)
East Cutting Edge (Light I-PI (Planned Industrial) C-5 (Business
Manufacturinq) Park)
North City Maintenance Facility C-BO (Business Office C-5 (Business
Park) Park)
South Vacant I-PI (Planned Industrial) C-5 (Business
Park)
ANAL YSIS:
On-Site Engineering and Forensic Services, Inc. conducts investigative work that
requires the applicant to maintain evidence for a specific time period before
disposing of the items. This fact, along with the need to keep trailers on the
premises for maneuvering items in and out of the building, the applicant is asking
for approval of a CUP to allow 3,150 square feet (45 foot X 70 foot) of outdoor
storage. The outdoor storage area is proposed to be enclosed on three sides
(by the existing building, a 45 foot extension of chain link fencing, and a 6 foot
high board on board fence). A six-foot high board on board wooden fence is
proposed on the west and southwest rear yard perimeter of the property, to
provide screening. In addition, the applicant has planted five additional blue
spruce trees in access of what was originally shown as part of the site plan to
provide screening.
Setbacks: The 3,150 square foot outdoor storage area is proposed to be
enclosed on three sides. The eastern side of the proposed storage area will be
enclosed by the existing building. The remaining two sides through the use of
fencing (a 45 foot long chain link fence that projects out from the southwestern
property boundary and a 6 foot tall board on board fence that extends along a
portion of the western and southwestern property boundaries). The City Code
allows fences to be placed up to the property line. However, according to
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Subsection 1102.1300(8) of the Code: "No storage, display, or parking of
vehicles shall be allowed in any of the required yards or landscaped areas." For
that reason, the outdoor storage area should be reconfigured to not project out
beyond the side yard established by the existing structure.
ParkinQ: The outdoor storage area is being proposed in the rear yard of the
building over a portion of a paved area that contains five existing parking spaces.
In 2005, when the applicant received site plan approval, 18 spaces (1
accessible) were proposed and constructed. The City Code only requires 10
spaces for the configuration of the current use.
In addition to the initial 10 spaces, the Code requires one (1) parking space for
each 20,000 square feet of land devoted to outdoor storage. If the CUP is
granted, the parking requirements will be met with the remaining 13 parking
spaces.
Storm Water: Storm water infiltration was previously addressed as part of the
Deerfield Industrial Park. The applicant is not proposing to add any additional
impervious surfaces. However, there is space being proposed for outdoor
storage that is not shown as paved. The applicant will need to pave the entire
ground area of the outdoor storage area (with the exception of the area that is
within the side yard setback that will need to be reconfigured). This additional
impervious surface must be reflected on the plan, approved by the Assistant City
Engineer, and constructed prior to May 15, 2008.
SiQns: The applicant had wall signage approved in 2005. No additional signage
is being requested as a part of this application.
LandscapinQ: The originally approved landscape plan showed seven (7) blue
spruce trees along the west and southwest corners of the site perimeter. In
addition, the applicant planted five (5) additional blue spruce trees along the
perimeter of the property, immediately adjacent to the proposed outdoor storage
area.
LiQhtinQ: The applicant is not proposing to add any additional lighting.
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.
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The floor area of the principal structure is 8,022 square feet. The
proposed square footage of outdoor storage will not exceed 50% of
the floor area of the structure. With the fencing, landscaping, and
existing tree line, 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.
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 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." With proper screening and
setbacks, the outdoor storage is appropriate for this district because of
aesthetics.
(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.
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(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.
A professional engineer prepared the 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 as part of the
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.
CONCLUSION
Overall, staff believes the outdoor storage is consistent with the intent of the C-5
Use District provided conditions of approval are met. Based upon the findings
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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 reconfigure the outdoor storage site plan to show the
outdoor storage area not projecting out beyond the sideyard set back of the
existing building (not to exceed 3,150 square feet).
2. The applicant shall only place outdoor storage within the confines (cross
hatched area) of the approved site plan (attached as Exhibit A). No
component of the outdoor storage may project out beyond the northern chain
link boundary of the outdoor storage area and that area directly across from it
along the wall of the building.
3. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after Planning Commission approval (including Exhibit A).
4. The plan must be revised to show the outdoor storage ground surfaces as
paved (additional northern portion) and must be submitted to the Assistant
City Engineer for approval no later than 60 days after Planning Commission
approval.
5. The necessary additional paving and fencing must be constructed no later
than May 15, 2008.
6. All conditions listed in Section 1102.1403(2) of the Zoning Ordinance shall be
met.
ALTERNATIVES:
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.
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ACTIONS REQUIRED:
A motion and second to approve Resolution 08-01 PC approving a Conditional
Use Permit to allow outdoor storage in the C-5 Zoning District, subject to the
listed conditions.
ATTACHMENTS:
1. Resolution 08-01 PC
2. Location Map
3. Applicant's Site Plan and Narrative
4. Letter Dated May 6, 2005 from City
5. Letter Dated May 12, 2005 to City
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 08-01 PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE C.5 (BUSINESS PARK) ZONING
DISTRICT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on January 14, 2008, to consider
an application from On-Site Engineering and Forensic Services, Inc. for a Conditional Use Permit
(CUP) to allow outdoor storage in the C-5 Zoning District; 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 are 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:I07 FILESI07 CUP'SIOn-SitelresolutionDOC
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-51! Business Park Use District
within the City, to preserve the taxable value of property and to promote the public health, safety, and welfare." With
proper screening and setbacks, the outdoor storage is appropriate for this district because of aesthetics.
(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.
A professional engineer prepared the 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 as part of the 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.
LlD7 FILES\D7 CUP'S\On-Site\resolution.DOC
Page 2
The Conditional Use Permit is hereby approved on the property legally described as follows:
Lot 1, Block 1, Deerfield Industrial Park 3rd Addition (PLAT - 25428), Prior Lake, Scott County, Minnesota.
The Conditional Use Permit is hereby approved subject to the following conditions:
a) The applicant shall reconfigure the outdoor storage site plan to show the outdoor storage area not projecting out beyond
the side yard set back of the existing building (not to exceed 3,150 square feet).
b) The applicant shall only place outdoor storage within the confines (cross hatched area) of the approved site plan (attached
as Exhibit A). No component of the outdoor storage may project out beyond the northern chain link boundary of the
outdoor storage area and that area directly across from it along the wall of the building.
c) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning Commission
approval (including Exhibit A).
d) The plan must be revised to show the outdoor storage ground surfaces as paved (additional northern portion) and must be
submitted to the Assistant City Engineer for approval no later than 60 days after Planning Commission approval.
e) The necessary additional paving and fencing must be constructed no later than May 15, 2008.
D All conditions listed in Section 1102.1403(2) of the Zoning Ordinance shall be met.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit for outdoor storage
in the C-5 Use District. The contents of Planning Case Files # EP07 -150 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 14th day of January, 2008.
Vaughn Lemke, Commission Chair
ATTEST:
Jane Kansier, Planning Director
L:I07 FILESI07 CUP'SIOn-Sitelresolution.DOC
Page 3
On-Site Engineering CUP
Location Map
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UNSITE ENGINEERING
& FORENSIC SERVICES, INC.
CUP Narrative
Our request is to create an outdoor storage area behind our building on 5714
Graystone Court. It will be used to store our trailers and as a staging area for
artifacts awaiting disposal. We are proposing a 6ft board on board privacy
fence on the South and West sides, replacing the current chain link fence.
There is a berm and an undisturbed tree line on the North side. An interior
chain link will designate the 45' X 70' storage area which can be viewed
from the North for compliance purposes. The floor area of our primary
structure is 6780sq ft. Our proposed storage area is equal to 3150sq ft.
which meets C-5 Zone requirements of less than 50% of our primary
structure. A portion of the outdoor storage area will cover 5 parking spaces
in the rear of the building. We have 14 remaining parking spaces in the
front of our building. The Prior Lake zoning ordinance requires 10 parking
spaces. An additional 5 blue spruce trees were planted along the South side,
up to the building.
p.o. BOX 718 · PRIOR LAKE, MN 55372. (952) 440-4321 · FAX: (952) 440-4324
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
May 6,2005
APPRO Development Inc.
Attn: Lonnie Anderson & Cam Luong
21476 Grenada Avenue
Lakeville, MN 55044
RE: City of Prior Lake Review for Application Completeness for the Site Plan Review
of Lot 1, Block 1, Deerfield Industrial Park 3rd Addition
Dear L.onnie and Cam:
On May 5, 2005, the City of Prior Lake Development Review Committee (DRC)
completed a review of the proposed On-Site Engineering Site Plan. Upon review of the
submitted plans, the following comments were offered:
1. Clarify how "open storage" differs from outdoor storage. In the C-5 District, no
outdoor storage is allowed without a Conditional Use Permit.
2. Provide a narrative detailing the use of any hazardous substances or testing that
may take place on the site.
3. Revise the Landscape Plan to meet both screening/buffering and the landscape
requirements as outlined by the City of Prior Lake Code (quantity and size
requirements have not been met by the proposed plan).
4. Revise the Site Plan to show all ground surfaces with paving or sod (no Class-5
ground surfaces are allowed).
5. Refer to the attached Building Department memo dated May 2, 2005. If you have
any questions in regards to this memo, please contact Bob Hutchins, Building
Official, at 952-447-9851.
6. Refer to the attached Engineering Department memo dated May 3, 2005. If you
have any questions in regards to this memo, please contact Steve Albrecht , City
Engineer, at 952-447-9831.
If you have any questions, please do not hesitate to contact me directly at 952-447-
9813.
Sincerely,
~rn.~
Danette Moore
Planning Coordinator
cc: DRC Members
Michelle Choudek
1:\05 files\05 site plan\on-site engineering\drc letter.doc
www.cityofpriorlake.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
APPRO DEVELOPMENT INC.
May 12, 2005
21476 Grenada Avenue
Lakeville, Minnesota 55044
Phone: (952) 469-2171
Fax: (952) 469-2173
E-Mail: office@approdeveloprnent.com
W ebsite: www.approdeveloprnent.com
Ms. Danette Moore
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RE: Onsite Engineering Building
Dear Ms Moore:
I include for your review and consideration of building permit issuance the following data, as well
as attachments, to address the questions or clarifications you requested in your letter of May 6th,
2005. We also address comments/clarifications requested by Engineering.
General Comments in reference to the Site Plan review dated Mav 6th. 2005:
1. There will be no outdoor storage area. The backyard area is to be seeded.
2. A narrative, provided by the owners, will detail the use of any hazardous substances or testing
that may take place on the site.
3. The screening/buffering and the landscape requirements will be met, and revised on the
landscape plan.
4. All ground surfaces around the structure will be either paved, seeded or sodded and will be
shown on the site plan.
General Comments in reference to the memorandum dated Mav 3rd. 2005 bv Steve Albrecht:
1. The disturbed area equals .979 acres. A Construction Site Stormwater Permit is not required.
2. There is no gravel parking area. All parking areas are paved. All permanent-parking areas
located at the front of the building will be curbed. The area in the back of the building will not
be curbed at this time, as it is the future expansion area and will be curbed at a later date.
3. The silt fence and grading will be confined to the applicant's property as shown on the Civil
drawings. CAD drawing cannot accomplish silt fence line ON TOP OF the property line.
4. All construction site BMP's and details will be shown on the grading plan.
DEVELOPERS
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ARCHITECTS
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CONTRACTORS