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Home My WebLink About2015-08-12 PACKET 04.Q. . I REQUEST OF CITY COUNCIL ACTION GOUNCIL AGENDA MEETING ITEM # � DATE 8/12/15 . Q . PREPARED BY: Community Development Jennifer Levitt �� ORIGINATING DEPARTMENT STAFF AUTHOR * � :� * � � * * * * � * * * * * � * � * * * * * * * * * * * * * * * * * * * * * * * * * * � * * � COUNCIL ACTION REQUEST: Consider adopting a resolution approving a conditional use permit for the expansion of a legal ', nonconforming use to allow for exterior storage, delivery, return, and service of mobile office � trailers at 10870 Ideal Avenue South, commonly known as Roger's Automotive. STAFF RECOMMENDATION: j Approve the request. BUDGET IMPLICATION: $N/A $N/A N/A �ii BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE � ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED I � PLANNING 7/27/15 ❑ � ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ; ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ '� SUPPORTING DOCUMENTS: 'I � MEMO/LETTER: Memo from John M. Burbank dated 7/31/15 , � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ' ❑ LEGAL RECOMMENDATION: � � OTHER: Excerpt from unapproved minutes of 7/27/15 Planning Commission meeting ' ADMINISTRATOR'S COMMENTS: � � . �� City ' ministrator Date � * * * * * * * * * * * * * * � � * � * * * * * * * * * * * * * * * * * * � � * * � * * * * * * * i I COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER � . ' Cottage J Grove �he�e Pride anaP�OSperity Meet TO: Honorable Mayor and City Council Craig Woolery, Interim City Administrator FROM: John M. Burbank, Senior Planner DATE: July 31, 2015 RE: Rogers Auto and Truck Parts Conditional Use Permit— Expansion of a Non- Conforming Use Proposal Roger's Auto & Truck Parts, Inc. has applied for a conditional use permit to allow for expansion of a legal non-conforming use to allow for exterior storage, delivery, return, and service of mobile office trailers at 10870 Ideal Avenue South, commonly known as Roger's Automotive. @ 111Y f rh A N W a a G 51TE j � I —— -- .� 1--:'-� i , � lJ � .� + � _ � . �utHSTs Location Map Review Process Application Received: July 7, 2015 Acceptance of Completed Application: July 8, 2015 Tentative City Council Date: August 12, 2015 60-Day Review Deadline: September 6, 2015 Planning Commission The Planning Commission reviewed the application at their regular meeting on July 27, 2015. A public hearing was held and testimony was heard in favor of the application; no one spoke Honorable Mayor, City Council, and Craig Woolery Case CUP015-024—Rogers Expansion of a Non-Conforming Use July 31,2015 Page 2 of 9 against the application. The Planning Commission unanimously (7-to-0 vote) recommended that the City Council approve the conditional use permit for an expansion of the use on the site. Background In 1979, Alvin and Cecil Martin made application for a conditional use permit to expand a nonconforming use on the subject property. The permit was granted on May 16, 1979, by Resolution No. 1979-68. This resolution is attached. In 1999, Cecil Martin, owner of the north 7.5-acre parcel of A & F Auto, applied for a building permit in conformance with the 1979 aproval. During the permit review, it was noted that the subject property was not included in the legal description of the 1979 resolution. The City and Mr. Martin ended up in litigation over the matter. The outcome of this action was that the City agreed to issue a revised resolution of approval specific to Mr. Martin's property, and Mr. Martin agreed to additional conditions of approval. This new resolution was passed on May 5, 1999 (Resolution No. 1999-72). This resolution is attached. The property was sold to Roger's Auto & Truck Parts, Inc., and on November 18, 1999, a certificate of occupancy was issued for the building. The site has been operated in conformance with the approving resolutions since that time. The current application is for an expansion of the legal non-conforming use to allow for exterior storage, delivery, return, and service of mobile office trailers. Land Use and Zoning The applicant's property and other properties west of Ideal Avenue are currently guided as Transitional Planning Areas, which is a designation that was given to areas in the City that were beyond the development scope of the Future Vision 2030 Comprehensive Plan. It is anticipated that some areas in this land use classification will be addressed during the 2040 comprehensive planning process. , - - � _'i; � � � `�_ : a I � �oaRo sz — � — _ � �;-, - ! �:�. - i �: . � _ Q �: ,- c ,"::' W ��• � �T - - o�, �,� ��, _ _ ��l _ � . .. - . _ „F.�..t.I'_�� I �� __ �_TH S \\ � =-`=�1 - Land Use Map Excerpt The property is zoned R-3, Single Family Residential. Honorable Mayor, City Council, and Craig Woolery Case CUP015-024-Rogers Expansion of a Non-Conforming Use July 31, 2015 Page 3 of 9 �,--�. � �; �� i -��` -- - - � -� U��e, L—J � ' —� ��J�H.Si I ----_,..........! � , p►G � 703RD ST � ' , AG2 ' ' AG1 ; W _ < � 0 �� - --_-- - � .�___." AG2 � ��i R1 I �: � . �I � j ! I 110TH ST �''' �`i" � I ''� , � { i I � i ~ � � I i I i � Zoning Map Excerpt Metropolitan Urban Service The property is outside of the 2030 Metropolitan Urban Service Area (MUSA) and is on private well and septic. The area is in Development Staging Four, which is a post-2020 urban develop- ment area and will most likely be post-2030 in the 2040 comprehensive plan. The 2020 MUSA, as identified on the map below, is the active MUSA area that corresponds to Development Staging Areas One and Two within the community. � ' 1 �; ;�' t �;,� �_ ' i � � `�--�� ''., , ._ � � � ; � , _, ,��_ . -..- , --. , �--.� ---- ; _ ,, - --�--- -� ,� `.:�_ � ,\�� I '� �' � ' � � ; ! i �. �-' � � ` `_ ` ��' ! � — _� ��, � -� ,� �� - �, � ,_, ,2� �� _ �� -�- i ,<-r __ ; I � ,1 , Np0.'NcnServ:i�Y�n Loctl;tnaeSY�:m �2030!'.USA L�IAKK�.YNAIU�A �MtORN�q . .....�;,.L'USA -h'eS:NSHiyrnaJ -6lyorHy�'�a� �A:-0NUSA -U'�'�T.YxtlMUS4 �20:-0R!USA �Rna'�Srkni -CarnvrRyB,ivy .�1110A!U�A' �M10l.USA' -�xYBcuMyY Metropolitan MUSA Map Excerpt Property Characteristics The site is relatively flat and occupied with miscellaneous salvaged vehicles behind the principal structure built in 1999. There is currently no on-site surFace water management on the property. Honorable Mayor, City Council, and Craig Woolery Case CUP015-024—Rogers Expansion of a Non-Conforming Use July 31, 2015 Page 4 of 9 �� - _ —_� y��ii-:- ._ • 'y r.`.. . , 4 � .� 3.�� `a.v r - r�•:l S ' ? �g.�� s��'�'� '� . ■ F . '�"_' 3 G��.��.��.�; S �_`�"�_. �r�*,l. � �� 4'1 � �Pi�'�. .A�'. 3$.iiQi � �„�- .� -�,.�"�r ..r �. .. i '' Y 'i• � c �, �. (�� ql ��e � �_ i ' 1_. y -, , t � t_- . ,.a�, r'- fi,�.��}� , ��: a6�`'23?i4:' ai.S � _ rs�.: . �'�.'.r ` =c:{. ._ .y . c : � � '' +t / � ` �.� "�i�' - - i,�,r � " 1 ht.` i��. � � � . -.- '- i . �.. ..^,^ � -'?= � ' ^`4 i� V�'�`�i' . :.�--# . .a. '` � � �• M - ; e k_� _. s : _ .= � ; � �• ��-� _ �;, � , i 5 - IbM i��. - ' ; . � -a �Y _��: ��i�`, -�` ' ..s:..• � -� � -� r..� �:_ , �� - '¢«a .� �:= � �:n � t� ..'' -`� i� ' _ r L ' �! �,�..o . ��11�'rt� rJ{�Afi� �Y �'„;ff�� t�-, yF t.; -S5 � '1 r^�� -�,�{ ��,� . ee �� -� +(t t4� e r'� . � �r -� y.''Z�F �!`?,,;?f'�'7 �-Ere e m^'`-.a°.t'._ d' '� c� �c..i�.�4` S' . ,t • _ ��.-�e ,,y]• �.,r�nq� �LJ��s T�l`"f,� i.. :'zir^�7 a.�',�*.��r'`a S � _- t .r �- � i �y- _ .�� .v.e• F' � ti _ S-" �7 . . �• 1 � O ,p ��y.. �-'a'� al : fi �"s ='a,�.A}a�..�u" ,�, `el{ 5a ,��,.¢;, . � t ; -�C. ` � �, 4 0. c.� w � - . .0.�� .y� ' .;1,�r� .-�� ,��2J , �- .��R ��,� ,� .'��" �„�'k��i �, ��Z� s� �- � '`��J�{ �,;.. �� k � �g " . ' tl-�r��,t� � �`� i � ,�.-, �,. a .�Y '�-�..��4,fi'�..r � ��r� �i I oCiti�j nti T'j �"V�� _ � �� . ,t� � � �-: . ' 3 1 � �{ } ��d'Fj"� �-:'TF�` r-c'v -�-t:i' ��,��}' » -. F5'C-��,,,•1�� d-'-L< < �r:_. �4' k�! �'�� r � �f t. �a �_`. q�r,,� t �- N '��`1"r+� � -� � ��'e l�� !,t4 �� .�it- � "�, 'S � � i � .''1 � a ..7• �� s � S ri� t `'N � `t;:�F ! 7 t d,i f,�.p J �'�''� -1� � 'y F" .��a'., " � �� ' Y . Y. �� } � � Y.: I �� y� � .� Site Ortho Imagery Detail _ ` ` � ,`��'9 ,��4 - �� ,+^''`'_�;:��f --. �',_.,,, _ �ji��,;,� - _ �s�',�� '� �`�� `�+„`..t��k-�''-� yf - ' aS r ��*�.,' �- '��"54 ��'r:r {:� 'S-. � . T 3 . _� - 1-_ _ _ � _ -_- .,.F '�'.�v f -.� � _ - �, "�P - - � � �4 �' _ - ;��i�- - - �-, � .__ - - _ _ - �-�_ �7�..� _�__ .�=- . - . �---� -4- _ � ;;a.�'' __ - .�i�s ,�t,� ,�;:: � - - - ,a. r � _ i x 7 A+ ,± - j` �3 E . . � =- " �. � ,, •��,,� ;�, -�, _ �. �.. : - _ . - . , � ; Existing Principal Structure Front Elevation Ordinance Requirements The current ordinance criteria, included below, identifies how the City and property owners may address non-conforming uses. 11-3-1: NONCONFORM/NG USES AND STRUCTURES: A. Continuation Of Nonconformity: Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be contin- Honorable Mayor, City Council, and Craig Woolery Case CUP015-024—Rogers Expansion of a Non-Conforming Use July 31, 2015 ; Page 5 of 9 I ued, including through repair, replacement, restoration, maintenance, or improvement, but not including '� expansion, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one year,� or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, a municipality may impose reasonable ; conditions upon a zoning or building permit in order to mitigate any newly created impact on adja- cent property or water body,� or 3. A conditional use permit is issued by the city. (Ord. 920, 11-6-2013) ' 8. Subsequent Use Must Be Conforming: Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose ' upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subsection does not prohibit a municipality from enforcing an ordinance ��"' that applies to adults only bookstores, adults only theaters, or similar adults only businesses, as defined ', by ordinance. (Ord. 773, 6-15-2005) C. Expansion Of Nonconforming Uses And Structures: The city may, by conditional use permit, allow for an ' expansion of a legal nonconformity, including the lawful use or occupation of land or premises. The city may impose reasonable conditions in order to protect the health, safety and general welfare of the com- , munity or adjacent properties. (Ord. 920, 11-6-2013) When reviewing conditional use permits, the Planning Commission looks to City Code Title 11- 2-9F, Criteria for Issuance of Conditional Use Permits, as the guiding doctrine for review. This ', section states that in granting a CUP, the City Council shall find that: � 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and appli- , cable standards of this Title. i 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 surrounding land uses , due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. i 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 congestion, unsafe access or ; parking needs that will cause inconveniences to the adjoining properties. i 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 facilities and services I and shall not be detrimental to the economic welfare of the City. i 8. The use shall preserve and incorporate the site's important natural and scenic features into the devel- � opment design. I 9. The use shall cause minimal adverse environmental effects. � 10. The use shall not adversely affect the potential development of adjacent vacant land. �' i I i I Honorable Mayor, City Council, and Craig Woolery ' Case CUP015-024—Rogers Expansion of a Non-Conforming Use July 31,2015 , Page 6 of 9 ' I The City's Technical Review Committee reviewed this application under those criteria. The i Committee found that the criteria could be met and recommended approval of an Interim Condi- tional Use Permit (ICUP) for the requested expansion versus a conditional use permit. ; In reviewing the ordinance criteria in relation to this case, all of the criteria could be answered af- ' firmatively given the location and size of the expansion in conjunction with the history of the use on the site. The applicant's response to the ordinance criteria is attached. , Planning Considerations The property owners have been attempting to sell the land and current business for several ' years without any success. Most recently, they were able to find a company, Acton Mobile, who is interested in the site, but with a use that did not meet the exact uses listed in the approved i resolutions for the site. Acton Mobile stores, prepares, delivers, returns, and services mobile of- fice trailers. Acton intends to lease the property in the immediate future. The planned action for ' occupancy of the site would be for the current business, Roger's Auto, to vacate the site and remove all of the current vehicles, tires, truck and automotive parts, and miscellaneous items ; from the site. Once these actions are complete, Acton would have environmental surveys done � on the site, complete any required soil remediation, and resurface the designated outdoor stor- age area with Class V material. Stormwater ponds meeting the approval of the City Engineer will ', also be required to be constructed on the site. A detailed site plan of the proposed site modifica- I tion is attached. The City's Technical Review Committee reviewed the proposal for the property, for which a de- � tailed explanation sheet is attached, and determined that the new expanded use would be very similar to current activities on the property, would generate less traffic, it would have less haz- ', ardous materials stored on site, and would improve the current designated storage area. Based �i on this determination, they recommended that the current resolutions of approval be revoked, and that an interim conditional use permit be approved with new clarifying conditions of use. The recommended time frame for the ICUP is 10 years. The applicant has agreed to the specified I duration of the ICUP. The reason that the use on the property is a legal non-conforming use is that it is inconsistent ' with the designated land use and zoning. With the upcoming 2040 Comprehensive Plan update process, it is recommended that the land use for this site and surrounding properties be visited. I lndoorActivities The existing principal structure on the site will be utilized for office and repair shop operations j and storage.Any tenant improvements or remodeling requires a building permit. �; Noise � The exterior overhead doors of the principal structure shall remained closed during times of re- , pair activities that generate noise. The City's noise ordinance and hours of operation shall be � conformed to. Outdoor Storage Exterior storage of a maximum of 100 mobile office trailers shall be permitted behind the princi- ( pal structure within the designated storage area on the site plan dated 7/22/15. Storage or stag- ; Honorable Mayor, City Council, and Craig Woolery Case CUP015-024—Rogers Expansion of a Non-Conforming Use July 31, 2015 Page 7 of 9 ing in front of the principal structure will be prohibited. A sketch of the designated outdoor storage area is included below. . .. ._ .. _-...... ... ...... . . ... . . . 1300'. . ... . . . ��11111�1111i11��1t11�11�11�11'1�1��`!�, — � u.w � � � � : � . � b _ _ __ � �,.y _ ,=�u �,iie„i,��i,ss�� e�e�s��g��se��,��s� - Designated outdoor storage area draft layout Traffic The amount of traffic generated by the use is going to be less that the existing use. No customer traffic is planned for the site, and the number of employees will be six initially. The employee service technicians will occasionally leave for service calls in vans or pickup trucks, and there will be approximately 25 deliveries and 25 returns of trailers a month. The trailers are hauled by a "toter," which is like a small semi-tractor. _ � � � � , � �` _ I . ._�'. .__. - � "Toter" &Trailer Parking The existing designated parking on the site is sufficient based on the proposed use and em- ployee count. ADA parking standards shall be maintained. Surface Water Management The modifications to the site and expanded use require that the site be brought into conform- ance with current surFace water management requirements. The applicant's consultant is currently working with the City on a plan to address the stormwater runoff on the site. The final surFace water management plan shall be approved by the City Engineer and the South Wash- ington Watershed District. Storage shall be prohibited from being located in designated storm- water basins. Honorable Mayor, City Council, and Craig Woolery Case CUP015-024—Rogers Expansion of a Non-Conforming Use July 31, 2015 Page 8 of 9 ,�. ,� ` , ��' i" .� � � -- �l ' �� . - - � r i ct '� ��, r � . .. . . I Approaimata' . - I > ��(� i�c ProposetlTxT ' �—.. WcaUonW i 1 � � #q r"�� L1 i1.�j- � tras�and rerycing I �EcsPsg LYe9 I. � 6{ , j„e�_, �� i 1 ,��' atoraqe�rea .----- «iaGng i � �1 :,� �� 1 .�I� , �`� , . j sePGclank I II � � � J L!.-�. , .-_ '�+,,, _".'i � � i� - •,�—. - ' �' _ � ��' . . . � ;`I ..� �'. . .l . . . "-:.., � 1., ^f �Iil �'�' :,� ... � . . , .. . I . .__.- _ , . ._ .... _...... Ll5(1'>:f+il' !. .� C�. �� : - ; � - - - -, � �- I� . . a 7.3 ac , . � �, ,. . , , .. . _ , A /' . , .. . . . . i a / . � . :;.. _., .. . — - — �� 370 x 44 � r u ; � - � �. 1 1 � �.� � ' � <��. _ . _ - � -- - - --- f . } ,. .. _... .. - - - —-�� --�r� s- -- — - ' � 't�^— ^�� :'�/�— - '� , ��'�- �� f' �+� ' \l- 'i � J:��1 �" \`\\\\ � �i� � . ,�'� � �^-- '��r - �. r ..-�proposed.,tormwaer - , _1' '`, ��-t`'7 Pro � ,�� -, � ��. Mwoximate � r g 3 1 `� -`: A4ano mentArea 7 i • -��'J - P�d�tormwater �r �1 �}.� bcalion ot .+t�l'i. - �_��i� h i � .. ^'—� RlansqetnentAreaand �c?` �. fa ; eustirg . � ry .�— � :.� 1 Dra'nageFbw .. � �< � � :�D�clerd�sd �� ;(� �T .-rn� t� � 7 ��i ,� m. .'_ _. 'i� t.,;l� drvnfRld ';:; (� . ��'"j� i� r � � �' i � �1, �t -n ,] l � ;, \_ �:. Draft Stormwater Site Plan Detail Grading All site grading must conform to the grading plan included in the final surFace water manage- ment plan. A grading permit is required. Signage Signage on the site will be limited to 50 square feet of wall signage, and 50 square feet of mon- ument signage no taller than 10 feet in height. Area Charges No area charges are triggered by this application, but subsequent development or subdivision of the site could trigger area charges required at the time of the additional development activity. Public Hearing Notices Public hearing notices were mailed to the 13 property owners who are within 500 feet of the property and published in the South Washington County Bulletin on July 15, 2015. Summary • The structure and use has existed in the current location without any known adverse impacts. • City Code Title 11-3-1C allows for expansion of a non-conforming use by conditional use permit. • The new expanded use would be very similar to current activities on the property. • The new expanded use will generate less traffic than the current use. • The new expanded use would have less hazardous materials stored on site. I Honorable Mayor, City Council, and Craig Woolery Case CUP015-024—Rogers Expansion of a Non-Conforming Use , July 31, 2015 ' Page 9 of 9 ! i • The new expanded use would improve the current designated storage area and emergency access lanes. ' • The new expanded use is interim. � Recommendation That the City Council approve an interim conditional use permit for the expansion of a legal non- conforming use to allow for exterior storage, delivery, return, and service of mobile office trailers at 10870 Ideal Avenue South, subject to conditions. � Attachments: '� — Site Plan — Applicant's response to the ordinance criteria ; — Acton use description ' — Resolution No. 99-72 — Resolution No. 79-68 I i i j ; I I � ; I � . ' � I � ,' __ __ ___ __ - - �� :,,�---( �: �' F� ' `- - . � . � . _ . :. _ . � .� ��, Wi ` _- _ .�''9 - . • , � �6 , ---- ,� . ' ��"r . ^� ^`�s '�'1'�°' � ' _ '; ! - , P � =�i_ "? ;' Proposed 7' x7' ,. :�r-�y�; �qyy�{ �t- �,� � �"��' � ��r -�y � �;�'� trash and recycling Existing � �� storage area �� . . «y�'?y� . '�l.. � �� ,�.l`,�'� �, ,, :'f°i .1.4 � 7 b � _ . . . # � 1 , 4 � yn� � � ',� .- � r. � .". ;5�1 ..: ,y.•.i. t� .__. " ' ..__,. ' � �'�.,,.. � . . !��nnan..nc:.� . ......v.._'_''_... 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Yes the current use as an auto rec clin /salva e is a le al non-conformin use. � Y g g g g Applicant would terminate the current use (and the city would revoke the two resolutions 99-60 I and 99-72). The proposed use would be less intense in terms of traffic (from 100 trips per day to 2-3 per day), and the auto recycling/salvage and the hazardous waste currently generated by the � current use would be eliminated. B. Zoning district for the property is R-3. The proposed use is a less intense non-confirming use. C. Applicants use on the property has been in place since the 1950's. The proposed use is by Acton Mobile, a company based in Maryland. Acton Mobile has ' approached the owners to lease the property for purposes of operating a branch of their business on the site. The business consists of storage, delivery, return and service of mobile office ', trailers. The propose use, is a less intense and more environmentally-friendly use of the property i than the auto salvage/recycling business. The proposed use would not involve any materials , such as oil, brake fluid, transmission fluid, antifreeze, or Freon, that is currently in vehicles ' brought to the property and that must be removed from a salvaged vehicle. ; D. Applicants current use of the property has been in place for approximately 60 years, and I there have been no adverse impacts. The owners are conducting a Phase I environmental site i assessment to identify any potential contamination. If any is identified, a Phase II will be ; undertaken to remove and properly dispose of any contaminated soil. The proposed use will , have less impact on sui�rounding properties. '� � E. The property access is from Ideal Avenue and will not change. The traffic resulting , from the proposed use would typically be two trailers delivering and returning a day. There are ! six employees who would work at the site and their trips are in addition to the trailer i transportation. The total trips with the Acton Mobile business is far less than the cui7ent traffic j of approximately 100 trips per day that occurs now with the customers for auto parts. The 100 � trips are in addition to tow trucks hauling in vehicles. � All parking and storage of trailers would be on the existing parking on the site behind the buillding. � F. The property and building are served by on-site septic system. The septic system will be inspected to verify the condition and that it is functioning properly. Police and fire protection has been available to the property since the mid-1950s and there will be no additional demands for � city services. � ��:�.};�i��j��;� ; JUL - � 2015 � aT'r�ct�-E�c��;�!-s',�,�::;=c�i�f�� __._�._..w___�._.._�..._..wv.v... i i G. The proposed use will lessen the demand on Ideal Avenue. The existing well and septic ; system will serve the property without any modification. There will be no further public cost for public facilities and services beyond what is currently in place. , H. The site has already been developed and in use for over sixty (60) years. The owner will � have a drainage plan prepared for the property, and it is anticipated that two storm water ponds , will be graded on the westerly-edge of the property. These ponds will meet the City and South Washington Watershed District's storm water plans. There are no natural or scenic features. ; The proposed use will not negatively impact the adjacent property(ies) or future development. ', I. The proposed use will be a less intense use of the property than the current use. The owners are conducting a Phase I environmental site assessment to identify any potential ' contamination. If any is identified, a Phase II will be undertaken to remove and properly dispose of any contaminated soil. , � J. Please see responses to G, H and I above. i K. The proposed term for the use is 10 years. Any development of the surrounding I properties (some of which are also non-conforming uses) can be addressed at the end of the term. L. The owners are doing conducting a Phase I environmental site assessment to identify any �� potential contamination. If any is identified, a Phase II will be undertaken to remove and properly dispose of any contaminated soil. The existing building and parking lot can be removed , when a new development occurs without any negative impact on the property or surrounding land. M. The use does not conform to the zoning regulations as it is a legal non-conforming use. The owner is proposing the alternative use as it is a less intense use and cleaner from an , environmental perspective. I � N. The term proposed after consulting with the planning staff is ten (10) years. , O. No additional costs will be incurred for public services. � P. Reasonable conditions discussed with the planning staff aie: I 1. No stacking of trailers (for height and visibility). i ; 2. The Phase I and Phase II environmental site assessment be completed and any � Phase 2 requirements, if any, be implemented to removed and properly dispose of contaminants. � � 3. Storm water ponds are designed to meet City and South Washington Watershed District's storm water plans. � ��3��, f f .4�=�+��_�� ..,, s:x.. . ._._ JUL - 7 20"15 ci�r�<<cj;,:.;��:.1,_�,��c>v� � .�.�..=��.LL�......�._.�..��.._._�.._� ( ; I 4. Review and inspection of the septic system be done to verify the condition and is ' functioning properly. 5. No storage or parking of vehicles or trailers is permitted on the drain field. � i i i � � � ( i ��_��\��.�$�1;�X;�`�� .�;: ... -, .. . JU� - 7 2015 ' �=�:��w...,_�__..... ..._-:��::';,:`�_. i � :�.?i-�:;�.:.� ,`,.,+:�. To: Jacl<Clinton, Cindy Feldman '+'.i.={� From: Rich Grove,Vice President Date: July 1, 2015 �� Re: Summary of Operations to be conducted at prospective Cottage Grove Branch Nature of Business: Our Branch will store, prepare, deliver, return and service Mobile Office Trailers to serve the Minnesota marl<etplace. The transactional volume of this business is not significant—there are not a lot of Trailers or people coming or going on any day. A typical month would have less than 25 deliveries and 25 returns for this marl<et—which means less than one of each on a daily basis. Lil<ewise, service is also not a high volume necessity— our technicians would only be out on calls a few days each weel<. All customer interaction is over the phone [no customers come to the branch] so the only people coming and going on a daily basis would be our staff[see detail below]. Type of Vehicles: We use a "Toter" that is lilce a small Tractor to haul our trailers. We use a picl<up trucl<or van to mal<e service calls and we will have a B .� � • €`i Forl<lift on site to move trailers on the grounds 1�ut not leave the yard. Number of emplo�ees: Our current plan calls for 6 employees for this branch: 1) Branch Manager—responsible for general management and sales 2) Inside Coordinator—handle all customer calls: coordinate deliveries, returns and service calls 3) Driver—drives Toter and handles all deliveries and returns 4-6) 3 Technicians that handle: "Mal<e Ready" (cleaning, repairs, refurbishment) and service of trailers along with I<eeping yard organized Number of Trailers on-site: The initial current inventory on-site will be approximately 100 units which we fully expect to be our maximum [we are relocating them from several other sites and quicl<ly plan to get them out on rent] so we would anticipate half that [�50] as a normal level. Type of worl<done on trailers at the branch: the term "Mal<e Ready" mentioned above has to do with tal<ing a unit that came off rent and getting it ready to go bacl<on rent. The extent of worl<is determined by the age of the unit, wear&tear from the prior customer and what new modifications may have been requested. This worl<can range from: • Cleaning [unit in good shape with no repairs necessary] • Cosmetic [replacing floor tiles, touch up walls, etc.] • Minor repairs [replace wheels, tires, repair walls, etc.] • Refurbishment [gut unit and replace walls, replace HVAC etc] Our Trailers have no motors, no hazardous fluids to change, the HVAC units are self-contained; thus, the primary waste materials we deal with are building materials [i.e. flooring tiles, paneling, exterior wood and aluminum trim, etc.] and would all be handled in typical waste management process. Safety First - we maintain a comprehensive OSHA compliant safety program for all of our sites that communicates our standard policies governing any materials on site that require an MSDS form along with safety inspections, safe driving, accident reporting, training etc. A great resource to see who we are and the products we provide is our website: http://www.actonmobile.com/ i __ , I, � � � ; � � . i RESOLUTION NO. 99-72 RESOLUTION AMENDING RESOLUTION NO. 79-68, GRANTING A CONDITIONAL USE PERMIT TO CECIL MARTIN FOR EXPANSION OF A NON-CONFORMING USE WHEREAS, in 1979, Alvin and Cecil Martin made application to expand a non- ' conforming business, an auto wrecking and salvage yard, located in a residential district, which included the property described below as we11 as other property: Section 29, Township 27, Range 21, part of the South '/z of the North %2 of the I Southeast'/ of the Southeast'/ of Section 29, Township 27, Range 21 being the North 7'/Z acres described as follows: beginning at a point on the east line , . of Section 29, 992.28 feet north of the Southeast corner of Section 29, thence west a distance of 1,316 feet to the West line of said Southeast '/of Southeast '/, thence south a distance of 247.6 feet, thence east a distance of ; 1,316 feet, thence north a distance of 248.08 feet to a point of beginning. Except therefrom the east 33 feet for public road, Cottage Grove, Washington , County, Minnesota. ' Commonly described as the 7.5 acre tract north of A & F Auto, 10876 Ideal Avenue South, Cottage Grove, Minnesota. � WHEREAS, the Planning and Zoning Commission of the City of Cottage Grove ' held a public hearing on the 26th day of March 1979; and WHEREAS, the matter was again heard on April 23, 1979; and WHEREAS, the Planning and Zoning Commission had recommended the � granting of the expanded conditional use permit with certain conditions, and WHEREAS, the City Council approved the expanded conditional use permit on May 16�', 1979 by resolution 79-68, and �� WHEREAS, in 1999 when the property owner applied for a building permit � � consistent with the 1979 approval, it was found that the 1979 resolution did not include � _ the above legal description, and i -- - � Resolution No. 99-72 Page 2 �i � WHEREAS, the City Council directed staff to modi the 1979 ermit to correct '� fY p this omission, and � WHEREAS, the property owner, Cecil Martin has agreed to comply with the I conditions of the 1979 conditional use permit and additional conditions as set forth below, and , NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the conditional use permit to expand the auto wrecking and salvage yard for Cecil Martin shall be, and ', hereby is, granted, subject to the following terms and conditions: � 1. The permit shall be for the purpose of buying storing, dismantling, crushing, towing, i and selling automobiles and trucks, the sales of scrap metal, and the sales and installation of new and used automotive parts and accessories. 2. A solid fence eight feet in height shal( not be closer than 10 feet to the west and � north boundary lines. Construction of a fence a(ong the south property line is not . required being the neighboring property is also used for storing automotive parts and ; inoperable vehicles. ', 3. Fencing for screening purposes must be opaque. Wood or metal material is ! � permitted, except corrugated galvanized metal and fence slat inserts shall be prohibited. Metal fencing shall have a baked-on enamel painted surface. , 4. The green fiberglass panels shall be removed and replaced with a solid fence eight I feet in height and with materials described above. 5. The salid eight-foot fence for screening the storage yard and proposed building shall set back 100 feet from the front property line. i ; 6. The construction or repair of all fencing for screening purposes shall be completed by October 1, 1995. ', � 7. Fencing shown along the landscaped area in the front yard shall not be higher than four feet nor block the visibility of drivers exiting the site. I � 8. Trucks and equipment shall be stored inside the fenced area or inside a buiiding. ', 9. A building permit must be issued by the City before constructing any structure on the site. 10.Signage shall comply with the City's sign ordinance. � . ' � i � i � Resolution No. 99-72 Page 3 � ' II � : 11.Passenger automotive bodies/chassis that have not been crushed shall not be 'i stacked higher than two. � 12.Crushed automotive bodies/chassis shall not be stacked higher than the equivalent i of finro uncrushed passenger vehicles. 13.Crushing of automobiles shall be allowed Monday through Saturday between the j � hours of 9:00 AM and 9:00 PM. ' . 14.Adequate access for fire vehicles must not be obstructed. A minimum of 20-foot I access aisles interior of the storage area shall be maintained. 15.AI1 motor fluids {e.g. oil, gasoline, anti-freeze, etc.) freon gas, and batteries shall be removed in the dismantling area and stored or disposed af appropriately. Containers used for storing motor fluids shall be clearly labeled. i 16.A landscaping plan shall be submitted to the Planning Division for review and �' approval. Landscaping improvements shall consist of shrubs and coniferous plant materials, with emphasis on coniferous plantings within the 50-foot green space ' along the front property line. 17.No vehic(es, parts, or equipment that are for sale shall be displayed or parked ' • outside of the screened and fenced area. 18.Vehicle auctions shall require an Interim Conditional Use Permit. ' 'I 19.The applicant may obtain a used vehicle sales license, and no vehicle sales or display shall be conducted outside of the fenced storage area. Passed this 5th day of May 1999. ,�� .�U ,, i , . �, �,`V � •4:�.A •�f � i� + a.aoufl.. � r/' I :y 4'��,�P�C...�`�" � ��i � � � ,'��a�.�:,�.-.;,,;�,;T�!; �� : � a ,�'� `�:Q= � r �� ? �� John D. Denzer, yor ' ? �.i r.� _, � Attest: � - ;�;�-,��.:1<,� ', ,�;,��"�`'I':,� ��.�� - � z � � -,'"'-- �' ;\°�''�- „�� :y �'., ��."-�-�;.'�`� ,� i y � , , �,�• ,�.� I •/'�.. ' 9��,^�^�� i\ ��\ ,' Caron M. Strans�y;Lity Cierk � . � � ; ;I i � i r��,, � _ � �,�. : -- - ; .� RESOLU'1'ION N0. 79- 6s I RESOLUTION GRANTING CONllITIONAL USE PER�IIT TO A F� r i AUTO PARTS FOR L'XPANSION OF NON-CO1dFORi�fING USE _ 19H�RF:AS, A $ F Auto Parts has made application to expand the ' business of the auto wrecking and salvage yard lo�ated in a resi- I ' dential district, which property is described as follo►as : «: �>�`� . Part: of the Southeast Quarter (SE'�) of Section T�,�enty- ' ;_�= ° ' Nine (29) , Township Twenty-Seven (27) North, Range �'-'` � Twenty-one (21) West, beginning at a point on the �:,•:. ;�� east line of Section Twenty-Nine (29) , 744.2 feet �"' �,�n�. north of the southeast corner of Section Twenty- �'- Nine (29) ; thence west 1316 feet to the west line I ..� of the Southeast Quarter (SE�) of the Southeast ; � .. Quarter (SE�) of Section Twenty-Nine (29} ; thence < So�uth 2�47.6 feet; thence east 1316 feet; thence NoTth 248.07 feet to the point of t,eginning; excluding i �i�'{ therefrom the east 33 feet of said tract for ublic ��, � �� P ,. �'i�ight-af-way� said property is commonly known as = y ,� .A F� F Auto Parts, 10876 Ideal Avenue South, Cottage � '�'S Grove, Minnesota; and � z:- ;:}; ;�3;�:. - `' WHEREAS, the Planning and Zoning Commission of the City of _ Cottage Grove held a public hearing on the 26th day of i�iarch, I�'u,i S; and �i � ,�� - , . . -WHEREAS, the matter was again heard on April 23, 1979; and �'�_ __ I °WHEREAS, the Planning and Zoning Commissivn has recommended � � the granting of the expanded conditional use permit with certain �'�;; conditions, ; Y-e -" /. .� „ � � •� , � NOW THEREFORE, BE IT RESOLVED, by the City Council of the Cottage ` Grove Count g , , pp sis� _ �ti , y of Washin ton State of Aiinnesota that the a lication � "��> x' Alvin 't�tartin, d/b/a A F, F Auto Parts, for the conditional use per- ;-,� "'�'��`' "�:t to expar�d the auto wrecking and salvage yard shall be, and = ._.__: ,_;.��::`�;;`: liereby is, granted, subject to tlie following terms and connitions: � � 1. That green fiberglas panels 8 feet tall shall be used �`:.;'` for the fencing material on all sides of the property � � : except the front. 4� I � z '_ - 2. That the fence along the front portion of the property �:-�-�"'�:� shall be of wood construction 8 feet tall. The wood � 4�,•� shall be of good quality and painted or stained so � �� that the entire fence is oz a consistent color. �,`'`, ' - ��y"> �4��i:.;.•:i �i�a.l`ti�.�. '�'�,t,�' . Y �;�s i ��'F:-�`il1?j ..r.. ..a.. _.. . ..-... 9 ( � I i � I , . a `;. - _ :� I . :� � I �. The fence ancl pi�opose�l huilding siiall be no closer than ' ; lUU Feet from the property line fronting Ideal Avenue. 4. Extra bracing shall l�e installed as necessary to support a tiie fence. ;�4 _� S. The mobile home currently being used as a temporary � office and any semi-trailers not being used as a part " af tlie salvage operation shall be removed fr�m tl:e premises after construction of the proposed building. '� :=� _ ;� 6. Trucks and equipment being utilized in conjunction with '-� �I thP ��to salvage op�ratiu,� �1�ali be stored inside tne I fence anc� away from the residence located an the property. 7. No stacking over two cars in height or its equivalent � , �`'" ' shall be allowed on the property. :� I ''�� .��:3 �i �"` 8. Crushing of automobiles sliall be allowed i�ionday through '�:. Saturday between the hours of 9:00 A.bt. and 9:00 P.T•i. ,� :i, � - 9. A driveway and parking area utilizing crushed rock or ' �, gravel shall be installed for temporary parking for '}� ! � � . six to eight vehicles. Said parking lot shall be in- �� ' stalled within 150 days from approval of the conditional � _ �; use permit. The remainder of the parking, as shown on � �, ,,�,. the site glan, shall be installed within one year of . , �� ' the issuance of the conditi�na� ��A Y;.,.;,j4. � ' f ; '� ��_ .; '=.� 10�. A 50-foot wide landscaped yard consisting of grass and =A rS:k. _ ;,� � evergreeai varieties of trees, as shown on the revised =.� � `' site plan, shall be in�talled in front of the property � �-'�'`��"� within one year of the issuance of the con�itional use ' � ? permit. -� ' r� ��_� ; - 11. The work on the front fence shall be completed within I `, 75 days of the issuance of the permit, and all vehicles .�,.,.`. ._ �f:=4:�._ ; and other materials shall be moved behind the fence; ��._-., , the north fence shall be completed within 100 days of r .��, �" the issuance of the permit; the south fence shall he ' '��`5=� completed within 125 days af the issuance of the permit; ' t`�`� :> and the west fence shall be completed within 150 days of ;; � �..t,,r�.. : tne issuance of the permit. ;� i , ' The permit is granted for the following reasons: ', � � The non-residentia] traffic does not create a safetv - K�_.:`::�. � �z;> ,. : hazard; . ;�=-.: = �...: �;_ -,.:s �;.�,,. the proposed use hill be �ufficiently separated by the � :�_;>:-; ,' screening required in the conditions above from adjacent ' ��:� . residentially-zoned property so that existing homes will �,,,:_ ��.� �F� ��m -t°" • .'�'£s -t�';' .. � � . .�.;i I i � � ;�;�_ _ -��; 4.�::'". t,=::: ( � • _ I G � C+:'' ' �3ot be materially depreciated in value and tliere Stiill �;�: be no deterrence to development of vacant land; F �;;�, � " the structure and site wiIl have an appearance that ' �� ;, will not have an adverse effect on adjacent residential - �" property; ;; ,��-;� . ,5 �ys'l' � �,�;� . there wiil be no exterior signs other than those permitted �i � '`` in a resident�al district. '-i� � i�;, s ` , � Passed this 16th day of May , 197g, ,}� �� '' �4 . � � "� r�_: _ � t� '. '-5� �'�,. ��M I Vil..' . �y0r � I� _" =a'Y. . 1�'. ';Atte$t: " � «;;�_� `, � _ � ..�?� . � �3i � i♦ ; .�. ''-n j ;.. �T t�: :J , - C. ;_ ..�..� . . . ':fc'_ , �.i. r +' � -� i,�{ . . . . �I .y'��Y` _ y -.� I '�'J h�i�'!. `{ ;f '_� �^-LF. ! .. . � . i •. . .�_ Y,r+�f�..,.% .. �•r F¢ . . ~ '� �� i � ' I .z�-`r'-� ' ir _ - �� 9 ! �i' . . . � .,' �. � 4 t{�R^} � �� I � . :�,y � <�c- :,� i •� .� ' � �.. -� '� I ��>d., ,__ ;_,�� }":S<ii'�K:-:::' � :.-`-i �i'� �� S �� Sf��f, i � 4 S }j � c3�* '; ' y � ;�t=::-.. "4� n... i � '�2�'vY i��', �t` :r(! ' � �i�� t ' j II i "3'fi�':��'- � y I �F':'._ -' ,+y� I -. ,':a � t � i w '��_ _ �," , -3- , F �'�',{�.�st.5�.�s:+�^f i.a -:T-, ,_ .._ .. �� I ( i I RESOLUTION NO. 2015-XXX A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ; EXPANSION OF A LEGAL NONCONFORMING USE TO ALLOW FOR THE EXTERIOR STORAGE, DELIVERY, RETURN, AND SERVICE OF ; MOBILE OFFICE TRAILERS AT 10870 IDEAL AVENUE SOUTH '� WHEREAS, Roger's Auto & Truck Parts, Inc. applied for a conditional use permit for the '; expansion of a legal nonconforming use to allow for exterior storage, delivery, return, and service of mobile office trailers, on property legally described as: The North 7-1/2 acres in the South %2 of the North �/2 of the Southeast �/4 of the i Southeast �/4 in Section 29, Township 27, Range 21, more particularly described as follows: Beginning at a point on the East line of Section 29, 992.28 feet North of the Southeast corner of said Section 29; thence West 1316 feet to the West line of said ; Southeast �/4 of Southeast �/4; thence South 247.6 feet; thence East 1316 feet; thence , North 248.08 feet to the point of beginning, excepting therefrom the East 33 feet of I said tract to be reserved for a public highway. Commonly known as 10870 Ideal Avenue South, Cottage Grove, Washington County, ', State of Minnesota. I 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 July 27, 2015; and I , WHEREAS, a planning staff report, which detailed specific information on the property and , the application request was prepared and presented; 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 applications, subject to certain conditions listed below. i NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, ' Washington County, Minnesota, hereby approves the interim conditional use permit for the expansion of a legal nonconforming use to allow for exterior storage, delivery, return, and service of mobile office trailers, located on the property legally described above, subject to the following conditions: 1. Resolution No. 1979-68 and all uses permitted by said resolution shall be revoked. � i 2. Resolution No. 1999-72 and all uses permitted by said resolution shall be revoked. Resolution No. 2015-XXX i Page 2 of 3 � 3. Resolution No. 1995-79 and Resolution No. 1995-86 and ali uses permitted by said resolutions shall be revoked. I 4. The 1999 principal structure is permitted to be utilized by the new tenant or owner � for the duration of the interim conditional use permit. 5. The interim use shall terminate and expire on August 31, 2025. ' 6. All exterior storage, commercial/industrial activity, and commercial improvements ' shall be removed from the property within 90 days of the termination of the interim conditional use permit. ; 7. All applicable permits (i.e.; building, electrical, grading, driveway, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any remodeling construction activities on the building or site. '; 8. A surface water management plan shall be completed for the site and be approved by the City Engineer and the South Washington Watershed District. , ; 9. Required surface water management improvements shall be completed on the site in conjunction with the completion of site improvements and prior to occupancy of the site by the new tenant or owner. ' 10. Designated surface water management areas shall be properly maintained during the timeframe of the interim conditional use permit. , 11. Storage of any trailers or materials shall be prohibited in the designated surFace water management areas. , 12. The designated outdoor storage area shall be re-graded for proper drainage and I� improved with Class 5 material. 13. Dust and erosion must be controlled in accordance with proper stormwater BIVIPs. I 14. No exterior storage is allowed in the front yard area between the principal structure � and the public right-of way. , 15. Emergency access lanes that are a minimum of 20 feet wide shall be maintained at all times within the designated outdoor storage area as depicted on the site plan i dated 7/22/15. 16. Exterior storage of a maximum of 100 mobile office trailers shall be permitted behind the principal structure within the designated storage area on the site plan dated 7/22/15. ' 17. Stacking of stored mobile office trailers is prohibited. ; I i Resolution No. 2015-XXX Page 3 of 3 ' i � 18. Extensively damaged mobile office trailers stored on the site shall be removed or repaired in a good workmanship-like manner within 60 days of being brought to the site. 19. The designated outdoor storage area is permitted to be entirely fenced with security fencing. Said fencing shall be maintained in a good workmanship-like manner at all times. , 20. The septic system shall be inspected for compliance with all county and state regulations, and brought into compliance if found deficient. 21. The well and septic system locations must be protected at all times. 22. A landscaping plan for the front yard area between the principal structure and the ' public right-of way shall be submitted for approval by the Community Development Department. , � 23. Security lighting on the property shall be downward directed and cannot exceed .5 foot candles at the property line. , 24. Trash and recycling needs on the site shall be handled in accordance with ordinance criteria. 25. The exterior overhead doors of the principal structure shall remained closed during I times of repair activities that generate noise. 26. The City Noise Ordinance and hours of operation shall be conformed to at all times. '' i � 27. Signage on the site is limited to 50 square feet of wall signage and 50 square feet ' of monument signage no taller than 10 feet in height. ', 28. Any violations of the approving resolution may trigger review of the use by the City II Council and be cause for possible amendments to or revocation of the interim � conditional use permit. , I Passed this 12th day of August 2015. Myron Bailey, Mayor ; i Attest: ' Joe Fischbach, City Clerk ; i I i EXCERPT FROM UNAPPROVED MINUTES OF THE JULY 27, 2015, PLANNING COMMISSION MEETING I � 6.3 Roger's Automotive: Mobile Office Trailers — ICUP2015-024 � Roger's Auto & Truck Parts, Inc. has appiied for a conditional use permit to expand a legal , nonconforming use to allow for exterior storage, delivery, return, and service of mobile i office trailers at 10870 Ideal Avenue South. Burbank summarized the staff report and recommended approval subject to the conditions �� stipulated in the staff report. He noted that a couple of past resolutions were missed in the , preparation of the staff report, so a condition will be added, which will be Condition #3, '� rescinding Resolution No. 1995-79 and 1995-86. The applicant expressed concern about a few of the conditions: Condition #6 regarding a financial surety to insure the removal of the site after the ten-year period is done; Condition #20 regarding installing aprons meeting the ', City's detail plates, Condition #21 requiring a right-of-way permit for the installation of those �' aprons within the public right-of-way; and Condition #24 requiring submittal of a landscaping plan for the front area between the principal structure and public right-of-way for approval by ' the Community Development Department. After discussions with the applicant, it was i determined that Conditions #6, #20, and #21 could be struck from the recommendation. Staff , would like to keep condition #24 regarding landscaping as a new user will be moving onto the !, site. Jack Clinton, 539 Bielenberg Drive, Woodbury, the attorney representing the applicant, stated that the current property use goes back to the 1950s, prior to the Cottage Grove zoning ordinance, which is how the legal nonconforming use came about. Acton Mobile, which is based out of Maryland, approached the property owners about using the property to store and , refurbish temporary office and facility units that they rent or sell. There are several advantages I to this proposal, including eliminating the car recycling operation, the hazardous waste from � the current use would be gone, the proposed use is cleaner, and there would be a substantial reduction in traffic volume in the area. Acton does not foresee that there will be more than 100 � units on site at any one time. As part of the proposed agreement the applicant has with Acton, ! the applicant is in the process of doing a Phase 1 environmental assessment, which needs to � be reviewed and approved by Acton and will be provided to the City. Also, stormwater ponding ; would be added to the site. The final design of the stormwater ponding will be completed once i the Phase 1 assessment is done and submitted to the City before grading begins. He ; concluded that this would be a less intensive, more environmentally sensitive use with � substantially reduced traffic than the use that is there today. He clarified that only agreement � that is under discussion is a lease agreement between the property owners and Acton. Rostad asked about the ingress/egress to the back of the property is that running to the south � of the existing building. Burbank responded that the access to the back yard is on the south side. Rostad asked if that is the same area they are looking at for the stormwater. Burbank stated that the stormwater would be towards the west. He pointed out the location on the site � plan. Rostad asked if there is enough space for the trailers to access the back of the property with the stormwater management flow area or will there be a culvert. Burbank stated that stafF has not yet seen the detailed stormwater management and grading plan but those details wirll ! be addressed then. Clinton stated that the preliminary information he has from Emmons & j � Excerpt from Unapproved Planning Commission Minutes Roger's Automotive: Mobile Office Trailers—ICUP2015-024 July 27, 2015 Page 6 of 7 ; Olivier who is desi nin the stormwater I n ' - , g g p a , is that the area will be re graded from Ideal Avenue and there will be new class 5 in the storage area. Rostad clarified that his concern is ; if there is enough width for both the stormwater drainage and truck access. Clinton responded � the stormwater pond is still being designed and will be reviewed by the City to ensure that it follows the City's stormwater plan. Rostad believes this proposal is a great use for the existing space. , Brittain opened the public hearing. No one spoke, Brittain c/osed the public hearing. I ; Graff made a motion to approve the conditional use permit, subject to the conditions listed in the staff report with the removal of conditions#6, #20, and#21 and the addition ' of a new condition #3. Zopfi seconded, i Motion passed unanimously(7-to-0 vote). � � i ;I i � ; �i I �