Loading...
HomeMy WebLinkAbout2011-09-26 PACKET 06.1.STAFF RE CASE: ICUP1 1-019 ITEM: 6.1 PUBLIC MEETING DATE: 9/26/11 TENTATIVE COUNCIL REVIEW DATE: 10/19/11 _''_ rftG_ APPLICANT: Werner Electric REQUEST: An interim conditional use permit to allow for limited exterior storage of material within an enclosed area on their property. SITE DATA LOCATION: 7450 95th Street South ZONING: 1 -2, General Industry CONTIGUOUS LAND USE: NORTH: Park EAST: Industrial SOUTH: Residential WEST: Residential SIZE: DENSITY: Approval, subject to the conditions stipulated in this staff report. Planning Staff Contact: John M. Burbank, Senior Planner, 651 - 458 -2825, iburbank(�D-cottage- g rove. org G: \CITYFILES \11 CITYFILES\0191CUP Werner Electric \Planning \ICUP11 -019 Werner Electric SR cover 9 -26 -1 t.docx Planning Staff Report Werner Electric — Exterior Storage Planning Case No. ICUP 11 -019 September 26, 2011 .. Werner Electric has requested an Interim Conditional Use Permit (ICUP) to allow for limited exterior storage of stockpiled product material within an enclosed area on their property at 7450 95th Street South. The City received a complaint that exterior storage was occurring at the Werner Electric site lo- cated on 95th Street in the Cottage Grove Business Park. The property owners were contacted in order to resolve the complaint, as the resolution of approval prohibited exterior storage on the site (Resolution No. 07 -158). The property owner explained that the exterior storage was related to business growth and a modification in their business model since the building was con- structed. They also indicated that a building expansion that would house the material is being planned but is premature at this time. The original site approval did acknowledge a future ex- pansion of the building that includes 83,500 square feet of warehouse and 12,076 square feet of office space. To bridge the gap until a building expansion is completed, the options available to address the exterior storage issue and mitigate impacts to adjacent neighbors were explored. Upon review of the City Code it was determined that Title 11 -2 -10 allows for temporary stock- Planning Staff Report —CUP -1 11 -019 Werner Electric Exterior Storage September 26, 2011 Page 2 of 5 piling of material outside of a building with approval an interim conditional use permit. The appli- cant has opted to pursue this avenue to address the current site violation. NMMZM 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. 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. (Ord. 610, 2 -15 -1995) 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. Planning Staff Report –CUP -1 11 -019 Werner Electric Exterior Storage September 26, 2011 Page 3 of 5 Upon review, the proposed use and its limited duration appear to meet the aforementioned criteria. Interim Use Interim conditional uses are time sensitive 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 stan- dards for the Cottage Grove Business Park, a three -year ICUP is recommended with a condition that an administrative review will be conducted the first year of the permit duration to determine conformance to the conditions of approval. Site Detail Currently the materials that generated the complaints are being stored on the south side of the building parallel to 95th Street. The proposed 21,437 square foot bituminous exterior storage area is to be located on the north side of the building adjacent to Hamlet Park. This is in close proximity to an area in which a building permit was recently issued for the expansion of the bituminous 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. art�f.xnraM PLAN 1CV —W� Planning Staff Report —CUP -1 11 -019 Werner Electric Exterior Storage September 26, 2011 Page 4 of 5 Land Use and Zoning The proposed use of the property is consistent with permitted and conditioned uses allowed within this 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. 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 Planning Commission recommend that the City Council approve an Interim Conditional Use Permit to allow for limited exterior storage of stockpiled product material within an enclosed area at Werner Electric, 7450 95th Street South, subject to the following conditions: Planning Staff Report — CUP -1 11 -019 Werner Electric Exterior Storage September 26, 2011 Page 5 of 5 1. The Interim Conditional Permit shall expire on October 1, 2014. 2. An administrative review shall be completed by the City after the first year of the permit duration to determine conformance to permit conditions. 3. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, sub- mitted, 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 notifica- tion 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 revo- cation of the ICUP as a remedy. Prepared by John M. Burbank, AICP Senior Planner Ben Granley 745095 1h St South Cottage Grove, MN 55016 August 30, 2011 John McCool Senior Planner City of Cottage Grove 7516 80` Street South Cottage Grove, MN 55016 Dear John: I am amending this letter to my application for an interim use permit for exterior product storage at Werner Electric Supply. Due to new contractor business we need the ability to store PVC conduit outdoors that would allow us to continue growth at our current facility without expanding the shell. At this time we expect to expand our building in the next 2 -5 years based on business growth. We are proposing paving approximately 22,000 sq. It on the north side of our warehouse, cast of our office; screened with privacy fence. The fence would be chain link fence with a fabric screen that would conform to the colors and finish of our facility, at a height of 8- 12 feet depending on the requirements imposed by the City. We are open to other types of fence as directed by the planning commission. We chose this location because it has the smallest impact on our neighbors and to minimize what can be seen from 95` St. South. This exterior storage would be adjoining to an expansion of our parking lot which we have started to plan with your team. Due to the significant cost of the site work, asphalt, and fencing we are requesting a term of 5 years for this permit. If we were confident in the economy for the next couple years we could commit to a lesser time frame but with the uncertainty experienced in the last 18 months, this is difficult. Werner would be open to a creative solution for the term of the permit, IE a review every year for compliance or a comprehensive review after 3 years, etc... Thank you again for your consideration. Sincerely, � Ben Granley Director of Operations a = c Q 9 a) � g gg zg ww Ml HIM Q Rich; i ) �i i gg I5'a aZU ze z a n. w C r z w W