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HomeMy WebLinkAbout2011-10-05 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/5/11 PREPARED BY Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR 0 COUNCIL ACTION REQUEST Consider approving an interim conditional use permit (ICUP) to allow for limited exterior storage of material within an enclosed area at Werner Electric, 7450 95th Street South. STAFF RECOMMENDATION Adopt the resolution approving the ICUP allowing limited exterior storage of material within an enclosed area at Werner Electric. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ® PLANNING 9/26111 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 9/27/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 9/26/11 Unapproved Planning Commission Minutes ADMINISTRATOR'S COMMENTS City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: September 27, 2011 RE: Werner Electric, 7450 95th Street— Interim Conditional Use Permit Application Proposal Werner Electric has requested an Interim Conditional Use Permit (]CUP) to allow for limited exterior storage of stockpiled product material within an enclosed area on their property at 7450 95th Street South. ':fir s.�� . c•�, ', I A ♦ i 4r cr` I i � r _ Planning Commission The Planning Commission reviewed Werner Electric's interim conditional use permit application at a public hearing on September 26, 2011. Representatives from Werner Electric and a neigh- boring residential property owner attended the meeting. No written comments were received at that meeting. The applicant stated that their future plans to expand the warehouse or office sections of the existing building would not be decided for about five years. The warehouse expansion would occur before the proposed office expansion. The applicant also stated that the black chain link Honorable Mayor, City Council, and Ryan Schroeder Werner Electric's Interim Conditional Use Permit Application — Exterior Storage September 29, 2011 Page 2 of 5 fence will be covered with an opaque fabric material that will be a black or tan color and will be properly maintained. The applicant reported that the trailers that are currently parked on the south side of the building will be relocated to the northeast corner of their easterly parking lot once their parking lot expansion project is completed this fall. A neighboring property owner residing on the south side of 95th Street reported that he can see the exterior storage of the trailers and stockpiles of conduit material on the east side of the Werner Electric's building. The resident expressed concerns that code enforcement was not performed in a timely manner and wondered if outdoor storage would again be visible in the future. The Planning Commission supported the applicant's interim conditional use permit application and recommended that the interim conditional use permit terminate October 1, 2016. The sug- gestion that additional tree plantings be provided along the north side of the proposed outdoor storage area was not discussed in detail nor did the Planning Commission include a recommen- dation that additional trees be planted. Werner Electric stated that they would not store materials outside if they are not able to complete the opaque fence and hardsurfacing. Landscaping will probably have to be completed next spring. The Planning Commission unanimously recommended (7 -to -0 vote) granting the interim condi- tional use permit as proposed by the applicant, subject to conditions listed in the draft resolution. The expiration date is recommended to be October 1, 2016. An excerpt from the Planning Commission's unapproved minutes is attached. The City received two complaints about Werner Electric's exterior storage. Werner Electric was reminded that the City resolution approving their site plan application (Resolution No. 07 -158) prohibited outdoor storage. Werner Electric explained that the exterior storage was related to business growth and a modification in their business model since the building was constructed. They also indicated that a future building expansion is planned; but is premature at this time. The original site approval did describe an 83,500 square foot future warehouse expansion and 12,076 square feet office space addition. To bridge the gap until a building expansion is completed, options for resolving the exterior sto- rage issue and mitigating impacts to adjacent neighbors were explored. Upon review of the City Code, it was determined that Title 11 -2 -10 allows for temporary stockpiling of material outside of a building could be considered with approval of an interim conditional use permit. The applicant opted to pursue this alternative to resolve the current site violation. WMEEE The criteria for issuance for allowing an ICUP are as follows: 1. The period of time for which the interim conditional use permit is to be granted will termi- nate before any adverse effects are felt upon adjacent property. Honorable Mayor, City Council, and Ryan Schroeder Werner Electric's Interim Conditional Use Permit Application — Exterior Storage September 29, 2011 Page 3 of 5 2. There shall be adequate assurance that the property will be left in suitable condition after the use is terminated. 3. The use conforms to the zoning regulations. 4. The date or event that will terminate the use can be identified with certainty. 5. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. 6. The user agrees to any conditions that the governing body deems appropriate for permis- sion of the use. The satisfaction of this criterion is in addition to meeting the criteria listed in Subsection 11 -2 -9F of this Chapter, the criteria in this section are as follows: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential sur- rounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibra- tion, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic con- gestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facili- ties and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. Upon review, the proposed use and its limited duration appear to meet the aforementioned criteria. Interim Use Interim conditional uses are time limited and typically are granted for one, three, or five years. The applicant has requested a five -year permit. Based on the City's desired development standards for the Cottage Grove Business Park, a three -year interim conditional use permit is recommended with a condition that an administrative review will be conducted the first year of the permit to ensure all the conditions of approval are complied with. Honorable Mayor, City Council, and Ryan Schroeder Werner Electric's Interim Conditional Use Permit Application — Exterior Storage September 29, 2011 Page 4 of 5 Site Detail The conduit materials and trailers that generated the complaints and violate the conditions of the site plan approval are currently stored at the southeast and northeast corners of Werner Electric's building. The proposed 21,437 square foot bituminous exterior storage area is at the northeast corner of the building. Hamlet Park is located north of Werner Electric's property. This is in close proximity to an area in which a building permit was recently issued for the expansion of the bitu- minous truck trailer parking /maneuvering area. The material proposed to be stockpiled within the approved temporary exterior storage area is product and materials related to the company's operations. It is recommended that no liquids or hazardous materials be permitted to be stockpiled within the enclosed storage area. Land Use and Zoning The proposed use of the property is consistent with permitted and conditioned uses allowed within the industrial land use designation in the City's adopted Future Vision 2030 Comprehensive Plan and the General Industry, 1 -2 zoning district. Hours of Operation It is recommended that the placement or movement of materials in the approved exterior product storage area be limited to 7:00 a.m. to 7:00 p.m. rIN MMUNARY WE PLAN n +. r -w�r G Honorable Mayor, City Council, and Ryan Schroeder Werner Electric's Interim Conditional Use Permit Application — Exterior Storage September 29, 2011 Page 5of5 Noise The current storage use has minimal noise generating capabilities. It is recommended that the standard City and State noise rules be applicable to the site. If the City receives noise com- plaints, the property owner must bring the noise on the site into compliance upon notification by the City. To further prevent noise issues, it is further recommended that the placement, movement, or stockpiling of materials in the approved exterior storage stockpiling area be limited to 7:00 a.m. to 7:00 p.m. Screening The applicant is proposing to screen the exterior storage area with the installation of a chain link fence that is 8 to 12 feet in height. The fence would be covered with a fabric screen that would conform to the color and finish of the principal structure. It is recommended that additional vegeta- tive screening be required as a condition of approval. Parking The proposal does not impact any current or proof of parking areas. Setbacks The proposed storage area is 62 feet from the north property line (Hamlet Park) and 180 feet from the eastern property line (Public Regional Holding Pond). It is recommended that these setbacks be maintained during the duration of the ICUP. Surface Water Management The applicant's engineer and the City Engineer reported that additional impervious areas added to the site can be accommodated by the original storm water design. Public Hearing Notices A public hearing has been scheduled for the Planning Commission meeting on September 26, 2011. The notice announcing this public hearing was published in the South Washington County Bulletin and mailed to 61 property owners within 1,000 feet of the property on September 14, 2011. The applicant has also indicated that they will be contacting the adjacent neighbors prior to the City Council meeting to answer additional questions and to address any concerns that are raised at the Planning Commission meeting. That the City Council adopts a resolution approving Werner Electric's interim conditional use permit for purposes of storing materials behind an 8- to 12 -foot tall opaque fence at the north- east corner of Werner Electric's building, subject to the conditions listed in the attached draft resolution as recommended by the Planning Commission. If the City Council desires to have the applicant plant additional conifers and deciduous trees along the north side of the proposed out- door storage area, then the draft resolution should be modified to include the planting of addi- tional trees. + + + i 1 • WHEREAS, Werner Electric has applied for an interim conditional use permit to allow for limited exterior storage of material within an enclosed area, on property legally described as: That part of the Northwest Quarter of Section 20, Township 27, Range 21, Washington County, Minnesota, described as follows: Beginning at the Southeast corner of said Northwest Quarter of said Section 20; thence North 00 degrees 07 minutes 30 seconds East, assumed bearing along the East line of said Northwest Quarter, 1303.00 feet; thence North 90 degrees 00 minutes 00 seconds West, 820.05 feet; thence South 00 degrees 07 minutes 30 seconds West, 591.24 feet; thence South 39 degrees 42 minutes 41 seconds East, 436.89 feet; thence South 24 degrees 00 minutes 42 seconds East, 181.43 feet; thence South 00 degrees 11 minutes 40 seconds East, 211.55 feet to the south line of said Northwest Quarter; thence easterly along said south line, 464.81 feet to the point of beginning. Said description contains ±20.54 acres or ±894,871 square feet. Commonly known as 7450 95th Street South South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on September 26, 2011; and WHEREAS, the public hearing was open for public testimony and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission unanimously (7 -to -0 vote) recommended approval of the application, subject to certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota hereby approves an interim conditional use permit to allow for limited exterior storage of material within an enclosed area, on the property legally described above, subject to the following conditions: 1. The Interim Conditional Permit shall expire on October 1, 2016. 2. An administrative review shall be completed by the City after the first year of the permit duration to determine conformance to permit conditions. Resolution 2011 -XXX Page 2 of 2 3. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 4. The storage area shall be constructed with a bituminous surface to control dust and erosion. 5. Impervious improvements on the site must not negatively impact the drainage of the site or adjacent properties. 6. The constructed exterior storage area is required to be reviewed and approved by Planning Staff prior to use. 7. Fencing utilized on the site for screening will be constructed from heavy duty opaque woven material. Prior to installation, fence materials must be reviewed and approved by the Planning Division. 8. The placement, movement, or stockpiling of materials in the approved exterior storage area shall be limited to 7:00 a.m. to 7:00 p.m. 9. The exterior storage areas are limited to the areas identified in the staff report dated September 26, 2011. 10. No liquids or hazardous materials can be stockpiled within the enclosed storage area. 11. The standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 12. Repeat violations related to exterior storage outside of approved areas, noise, unsightliness, or permit criteria will require additional review of the ICUP by the City Council, with possible revocation of the ICUP as a remedy. Passed this 5th day of October, 2011. Myron Bailey, Mayor Mimi Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON SEPTEMBER 26, 2011 6.1 Werner Electric Exterior Storage — Case ICUP11 -019 Werner Electric has applied for an interim conditional use permit to allow for limited exterior storage of material within an enclosed area on their property at 7450 95th Street South. McCool summarized the staff report and recommended approval of the interim conditional use permit subject to the conditions stipulated in the staff report. He stated that there is language in the report regarding landscaping around the fenced area and asked the Commission to discuss if that should be added to the conditions of approval. He also noted that the applicant requested a five - year timeframe for the interim conditional use permit, but staff recommended a three -year period that would terminate on October 1, 2014. Ben Granley, Werner Electric, 7450 95th Street South, explained that when they built their facility one of the conditions in the agreement was that there would be no outside storage. Their business has been growing significantly and they have plans to add another 80,000 square feet onto the warehouse, which they plan to do in the next three to five years. They are not ready yet to make that significant investment but they are experiencing an increased need for storage, which is why they are currently putting some material outside. The material they would store outside is 10 to 20- foot lengths of PVC electrical conduit; there would be no liquids or hazardous materials. He ex- plained that they asked for five years to give them a longer period of time to construct the building addition based on economic and business conditions. In addition, this exterior storage area would be a significant investment of about $150,000 to $200,000 for blacktop and fencing and to comply with all the requirements in the conditions of approval. Due to that cost, if the ICUP is approved for only three years, they probably would not pursue this any further. They want to keep all their oper- ations within Cottage Grove. If this ICUP is not approved for the five -year period, they would have to operate that service out of a branch or contract with another warehousing firm in another city. Werner has been growing significantly over the past couple years and has added 27 jobs to the community, and 16 of those 27 employees live in Cottage Grove. He asked the Commission to consider the five -year period for the ICUP. Treber asked about the three -year period that city staff recommended. Granley responded that based upon all the improvements they would have to make, the cost is too high. Treber asked what they would do with their current exterior storage if this application was not approved. Granley stated that they would move the material to either their Rochester branch or to a contracted ware- house based in Oakdale. Treber asked why three years was recommended. McCool responded that ICUPs for other types of applications have typically been for three years. This is something new and would be on a trial basis. They would have the opportunity to reapply after the end of three years. Granley explained that the warehouse is 38 feet in height and the office is 16 feet, so it is very well screened from the residential side, and they are going to add fencing on the back side for screening. Brittain asked if there would be the ability to extend the ICUP for an additional two years when the three -year period ended. McCool responded that they could apply for an extension of the ICUP. He stated that the concern is that the longer the time period, it would be more permanent than interim. Staff would prefer to see the building addition in that case. Brittain asked what they would do with the exterior storage area when the addition is constructed. Granley stated that the office expansion Planning Commission Minutes September 26, 2011 Page 2 of 4 would be located where the blacktopped storage area would be located. When they make the im- provements, that area would have to be excavated. The warehouse expansion would probably happen before the office space. Brittain asked if there was a possibility for having a review after the three -year period and if there were no problems, extending the ICUP for an additional two years without having to go through this process again or would staff prefer to hold another public hearing. McCool stated staff would be comfortable either way. He stated that enforcement will continue during whatever time period is approved; staff would not wait until the end of the three -year period to address any issues. He asked the Commission for a recommendation on whether it should be three or five years. Granley explained that the screening material over the black chain link fence would be either black or tan. He stated that they take a great amount of pride in their corporate image and will ensure that the property is maintained. Treber opened the public hearing. Dan Pendar, 7473 96th Street South, expressed concern about code enforcement on this property. He stated that there are currently code violations such as trailer parking and outdoor storage that are not being enforced. They have four trailers out front and there is the overflow of the conduit stored in public view. McCool responded that enforcement of code violations is typically done by the City's code enforcement officer, but with this planning application, the two Planning Division staff members would ensure compliance. Granley stated that the City has informed Werner that they are in violation, which is the reason they applied for this ICUP. He explained that the trailers were moved to the front to get them off the grass. Because they are starting construction soon to expand the parking lot and they can't store the trailers on the grass so they have to expand the asphalt, which will be in addition to this project. Once the construction is complete, the trailers will be parked in the back. City staff is working with them to remedy the code violations. Messick stated that he was on the Planning Commission when the site plan was approved for the Werner Electric the building and citizen concerns were addressed at that time. He does understand Pendar's concern as he also lives in that area. He does not have a problem with the five -year timeframe. He understands the City's concern that they don't want permanent outdoor storage. He supports Brittain's suggestion to have a review at three years to see how things are going and not have to go through the full process to extend it for another two years, unless there were issues. Brittain stated he would be comfortable, especially in this economy and with this particular appli- cant being such a good community participant, to extend the timeframe to five years unless staff felt that the three -year limit with a more intensive review is necessary to provide additional en- forcement capabilities. Messick agrees, noting that the conditions should protect the aesthetics of the property, and he would support an amendment to five years. Brittain asked Pendar if he is comfortable with the proposed solution to the violations and if he has any other concerns. Treber asked if Pendar's property backs up to Werner's property. Pendar pointed out his property on the aerial photo, noting that he can see through the trees into that area. Treber asked where the materials are stored. Pendar pointed out the area where the conduit is stored and where the four trailers are parked along the face of the building. Brittain asked if the four trailers would be moved when the black top is finished. Granley responded yes. Brittain asked Pendar when the trailers are moved and the stockpiled material is stored in the screened area, if Planning Commission Minutes September 26, 2011 Page 3 of 4 that addressed his concerns. Pendar stated that addresses the immediate concerns but he is con- cerned that if the area gets full, the storage would again be visible. Brittain stated that it his under- standing that there will be oversight of this property and the property owner has been working to resolve the issues. He also stated that after the [CUP expires, he would prefer that they expand their building instead of reapplying for another [CUP for exterior storage. Treber asked if there are restrictions regarding exterior storage and parking on this property. McCool responded with the original approval of the application, it prohibited outdoor storage of ex- terior materials, it does allow for equipment or vehicles to be parked at the loading dock at the east side of the building. McCool responded that vehicles cannot park on the grass, so the trailers are parked temporarily on the south side of the building until the new parking area is constructed. Brittain noted that Werner Electric is working toward resolving the issues by this CUP, so the vi- olations will only be for the short -term. Granley stated that they were asked by the code enforce- ment officer to move the trailers off the grass until they got the expansion done. The only place they had to put them was in front and they also don't want them there. He re- stated that the trailers will be moved as soon as the parking lot is extended. He noted that asphalt plants close at the end of October or beginning of November. Pendar asked where the additional runoff from the hard surface area will go. McCool responded that the existing storm water management system on the site will accommodate the additional runoff. No one else spoke. Treber closed the public hearing. Wehrle asked if they anticipate getting the parking area and storage area done before the asphalt plants close this year. Granley responded that due to the timing of the Council meeting, the exterior storage area would be cutting it close but they definitely will get the parking lot expansion done this fall. He does not believe that they will be able to meet all the conditions by the end of the year. Wehrle asked what would happen to the product stored outside if the storage area is not done until spring. Granley stated that they will either move it inside or to one of their branches in the interim. It is hard to anticipate the construction schedule due to the weather. Thiede suggested that this application could be put on the October 5 City Council agenda instead of the October 17 meeting as currently scheduled. McCool stated that staff will check to see what is on the agenda. Messick noted that proper notice was given for this hearing, and this is the public hearing. Brittain suggested that if they could get the asphalt down this year, allowing the fence to be installed when winter is over. Granley stated that it would be helpful to have an extra two weeks. He stated that they were planning to host a get together with all the surrounding neighbors to explain what they are doing prior to the Council meeting. Messick made a motion to amend the conditions of approval to change the expiration date to October 1, 2016. Brittain seconded. Motion passed unanimously (7 -to -0 vote). Messick made a motion approve the application for an interim conditional use permit sub- ject to the conditions listed below, with the approved amendment. Poncin seconded. 1. The Interim Conditional Permit shall expire on October 1, 2016. Planning Commission Minutes September 26, 2011 Page 4 of 4 2. An administrative review shall be completed by the City after the first year of the per- mit duration to determine conformance to permit conditions. 3. All applicable permits (i.e., building, electrical, grading, mechanical) must be com- pleted, submitted, and approved by the City prior to the commencement of any con- struction activities. Detailed construction plans must be reviewed and approved by the Building Official. 4. The storage area shall be constructed with a bituminous surface to control dust and erosion. 5. impervious improvements on the site must not negatively impact the drainage of the site or adjacent properties. 6. The constructed exterior storage area is required to be reviewed and approved by Planning Staff prior to use. 7. Fencing utilized on the site for screening will be constructed from heavy duty opaque woven material. Prior to installation, fence materials must be reviewed and approved by the Planning Division. 8. The placement, movement, or stockpiling of materials in the approved exterior storage area shall be limited to 7 :00 a.m. to 7:00 p.m. 9. The exterior storage areas are limited to the areas identified in the staff report dated September 26, 2011. 10. No liquids or hazardous materials can be stockpiled within the enclosed storage area. 11. The standard City and State noise rules will be applicable to the site. if the City re- ceives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 12. Repeat violations related to exterior storage outside of approved areas, noise, un- sightliness, or permit criteria will require additional review of the ICUP by the City Council, with possible revocation of the ICUP as a remedy. Motion passed unanimously (7 -to -0 vote).