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Home My WebLink About2019-06-24 PACKET 06.1.STAFF REPORT CASE: CUP2019-025 ITEM: 6.1 PUBLIC MEETING DATE: 6/24/19 TENTATIVE COUNCIL REVIEW DATE: 7/17/19 APPLICATION APPLICANT: Stan Koch & Sons Trucking, Inc. REQUEST: An amendment to the existing conditional use permit for the expansion of a legal nonconforming use to permit the storage and parking of trucks, cars, semi -tractors, semi -trailers, portable pump systems, and portable commercial generators. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 9450 Ideal Avenue South 1-2, General Industry Industrial LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Industrial Industrial EAST: Industrial Industrial SOUTH: Industrial Industrial WEST: Industrial Industrial SIZE: N/A DENSITY: N/A RECOMMENDATION Denial, based on the findings listed in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; jburbank(d)_cottagegrovemn.gov Application Accepted:. 5/31/19 60 -Day Review Deadline: 7/30/19 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Stan Koch and Sons Trucking Planning Case No. CUP2019-24 June 24, 2019 Proposal Stan Koch and Sons Trucking has applied for an amendment to the existing Conditional Use Permit that allows for the operation of a truck terminal on their property located at 9450 Ideal Avenue South (Resolutions 1987-041 and 1993-052). This is a legal nonconforming use. The requested amendment is to allow for the expansion of the legal nonconforming use to con- tinue the operation as a truck terminal, which includes the current storage of semi -trailers, and to allow for new tenants who need additional items to be stored on the site. The proposed ex- pansion includes specifically the storage and parking of new trucks, new cars that are in transit waiting to be delivered, and portable pump systems, and another tenant that would store port- able commercial generators on site. It was noted that the portable generators and pumps are proposed for rental purposes, which is a retail use. zr7�7/ �Asi POitiroauCt i \ z qs• .__31gT STS SITE w 77 7, r \ i7 Site Location Detail Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 2 of 11 I PP 00 R < W Mal SITE to Vacant Un ped Land J { AMJ i 95TH ST S L 7A7 � v �t. -, Existing Site Detail Review Schedule Application Received- May 29, 2019 Acceptance of Completed Application- May 31, 2019 Planning Commission- June 24, 2019 Tentative City Council Date- July 17, 2019 60 -Day Review Deadline- July 30, 2019 120 -day Review Deadline, if exercised- September 28, 2019 Planning Considerations Land Use The property is currently guided for Industrial. No changes in land use classification are pro- posed with this development. Zoning The property is currently 1-2, General Industrial District. No changes in zoning classification are proposed with this development. Exterior storage and parking on the site are not permitted uses on the site and are the reason for the CUP amendment request. Background and Site Conditions There is an existing conditional use permit (Resolutions 1987-041 and 1993-052, which are at- tached to this report) specifically permitting a truck terminal on the 13.16 -acre site. The use is currently a legal non -conforming use, and per City Code Title 11-3-1, expansion of a noncon- forming use requires a conditional use permit. Given the specific language within the existing 1p i Tly-,� I le 77�4- V! r Pt Allb- 10397243 Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 4 of 11 Equipment Detail C Conditional Use Permit 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 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 surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the trans- portation 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. 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 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. Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 5 of 11 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. The City's Technical Review Committee reviewed this application under those criteria. The Committee found that the CUP criteria could not be met, and the CUP should be denied. The reasons stated were as follows: 1. The City would have a hard time monitoring and controlling the actual items stored on the site. 2. The lack of fixed and marked parking/storage areas would deter from 20 -foot wide fire lanes between storage rows being established and clearly identifiable. 3. The inefficient berming and vegetative screening around the site. 4. The portable pumps and generators all have accessory equipment that would be additional outdoor storage. 5. The rental of portable generators and pumps that would be stored on the site is a retail use and not permitted in the zoning district; it is not allowable for the City to approve any uses not permitted within a zoning district. 6. That exterior storage use on the site has the potential to depreciate values of surrounding property that are prohibited from having exterior storage. 7. That the proposed exterior storage use on the site has the potential to adversely impact the development of the adjacent vacant land by deterring quality new developments from locat- ing on the vacant parcels. 8. The permitted truck terminal use provides a reasonable use of the property. The applicant's response to the ordinance criteria is attached. Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 6 of 11 Site Plan t: I - 1 I� ,r t • ti • r a y}, - tYE,^'.•.r:}Y~a��:Y+.r^ti':'e�z �:`1 _ ':•4�"ti ,'i�.f.ti.: , fI _ I I d. 'y I. , - - d �.^ ::'r''�': `}•, - Iasi„'=. j i I _ .� sQYln 13 , "s.k rr.. i•.l �! f �/ � ` J. �'f .. .... ... - 1.3._ _.J I ,I w,. , TI .4 • :1., .? :r I I L_ J I t _ I =y , - - 1 J - - I - _ I I r� r ti:r•ti M. - `.: _fir' - I Q I - I I I I - - - I I - - I 1 - - •.T - I j ° F ilOOi MMiI BEil.1 •. .— —.�.) r- � � I� 6RdR8 TI`. 51 Jq� —1L I HT R_. E_ E E T E J r ' I . .. • I .. I I I+ I I I I 2019 Site Plan Fire Access Lanes The submitted site plan identifies a 20 -foot wide fire lane around the building. The City's Tech- nical Committee identified the need to maintain a 20 -foot wide fire lane between each row of parked/stored items, and that stacking of items is a concern. Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 7 of 11 Zoning Development Standards Within 1-2 zoning district, off street parking spaces, drive aisles, and truck staging areas must not be less than 20 feet from any street right-of-way line, nor less than 10 feet from any interior side or rear lot line. The existing and proposed site plans exceed 40 feet between the property line and hardsurface areas. Density This project is not subject to density requirements. Public Utilities The property is currently located in the Metropolitan Urban Service Area (MUSA) and has exist- ing service connections to public utilities. Environmental Assessment Worksheet (EA W) The proposed redevelopment project is below the threshold that would trigger an environmental review prior to re -development. Parking/Storage Given the different size of the items proposed to be permitted to be parked/stored on the site, the applicant has requested that a specific parking stall location layout/design not be required. Fire Department Staff did not support this request based on the inability to assure that at all times there are fire access lanes that are a minimum of 20 feet wide maintained around the building and between each row of parked/stored items. Transportation 95th Street is identified in the Comprehensive Plan as a Major Collector, which are designed to accommodate the traffic anticipated to be generated by the proposed use. Grading No site grading is proposed with this application. Surface Water Management With no additional impervious surface area being added to the site, there will be no additional on-site stormwater management requirements. Landscaping There is existing landscaping around the perimeter of the site; if the application request is ap- proved, it is recommended that additional supplemental landscaping be required to be installed around the perimeter of the site abutting public roadways in order to provide additional screen- ing. Said additional landscaping needs to provide year-round screening and meet the approval of the Community Development Department. The location of the additional landscaping is detailed below. A revised landscaping plan would be required. Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 8 of 11 tT�• y Jf- � f y F • , y. , ... �t a Mfr K y � Landscaping Detail 1 Screening The current landscaping and berming on the site do not adequately screen the semi -trailers currently stored on the site. Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 9 of 11 Tree Preservation Based on the existing site conditions and planned grading activities, tree removal/mitigation is not a component of this application. Lighting No lighting information was submitted with the application. The ordinance requirement is a max- imum intensity of one-half foot candle at the property line. All lighting on the site shall be shielded and downward directed. Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 10 of 11 Fencing All fencing on the site is required to be in good workmanship like manner and meet the City's fencing standards found in City Code Title 11-3-5. Fire Department Access The Fire Department requires knox box access to the site. All new fire safety equipment required per the building and fire codes will need to be in place prior to the issuance of a Certifi- cate of Occupancy. Sidewalks No sidewalks are proposed with the application. Architecture No modifications to the existing 20,543 square foot building are proposed. Any future changes to the interior or exterior will be required to be approved by the Community Development Department. -1 .— .... "' 101111knom I Existing Building Detail Signage Wall and monument signage shall be consistent with the City's sign Ordinance. Trash Enclosure The trash enclosure for the site needs to be located in the building or in an enclosure meeting the requirements of City Code Title 11-6-3. Easements No additional drainage and utility easements will be required or acquired as a result of the appli- cation. Public Hearing Notices The public hearing notice was published in the South Washington County Bulletin and mailed to the 9 property owners who are within 500 feet of the property on June 12, 2019. Planning Staff Report — Planning Case No. CUP2019-025 Stan Koch & Sons Trucking June 24, 2019 Page 11 of 11 Recommendation That the Planning Commission recommend that the City Council deny the requested amend- ment to allow for the expansion of a legal nonconforming use as a truck terminal to permit the storage and parking of trucks, cars, semi -tractors, semi -trailers, portable pump systems, and portable commercial generators. Reasons for Denial The City would have a hard time monitoring and controlling the actual items stored on the site. 2. The lack of fixed and marked parking/storage areas would deter from 20 -foot wide fire lanes between storage rows being established and clearly identifiable. 3. The inefficient berming and vegetative screening around the site. 4. The portable pumps and generators all have accessory equipment that would be addi- tional outdoor storage. 5. The rental of portable generators and pumps is a retail use and not permitted in the zoning district. 6. That exterior storage use on the site has the potential to depreciate values of surrounding property that are prohibited from having exterior storage. 7. That the proposed exterior storage use on the site has the potential to adversely impact of the development of the adjacent vacant land by deterring quality new developments from locating on the vacant parcels. 8. The permitted truck terminal use provides a reasonable use of the property Prepared by: John M. Burbank, AICP Senior Planner Attachments • Site Plan • Resolution 1987-041 • Resolution 1993-05 I / ' IF a N 50' 25' 0 50' 100' SCALE 1" = 50' Stan Koch & Sons Trucking, INC. 9450 Ideal Avenue S. Cottage Grove, MN BKBM � e4 m. ' NOT FOR l�l11�1 C TOI I l�Tl/11�1 05-29-019 rv19347 KEY PLAN PARKING LOT EXHIBIT 1 �PARKING LOT EXHIBIT EHH-1 = so EXH-1 RESOLUTION NO. 87-41 RESOLUTION GRANTING SITE PLAN AND BUILDING PERMIT APPROVAL TO COMPLETE AUTO TRANSIT, INC. FOR TRUCK TERMINAL WHEREAS, Complete Auto Transit, Inc. has made application for site plan and building permit approval for their truck terminal, to be built in conjunc- tion with the Soo Line Auto Marshalling Yard on a portion of the following described property: "All that part of the Northeast Quarter (NES) of Section 20 (Twenty),T27N, R21W, City of Cottage Grove, Washington County, Minnesota, lying southwesterly of the southwesterly right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, excepting therefrom the following described triangle: Beginning at the Southwest Corner of said NE4 Section 20; thence North on the N -S 1/4 Section line for 2 rods; thence southeasterly to the southerly line of said NE*, 2 rods East from said Southwest Corner thereof; thence West along said South line of NEa for 2 rods to the point of beginning. Also all that part of the South Half (SJ) of Section Seventeen (17), T27N, R21W, Washington County, Minnesota, described as follows: Beginning at the South 1/4 Corner of Section 17, T27N, R21W, Washington County, Minnesota; thence West along the South line of said Section 17, on an assumed bearing of South 89° 40' 15" West for 410.5 feet; thence North 00 03' 55" East, parallel with the N -S 1/4 line of said Section 17, for 2066.8 feet to the southwesterly R/W of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thenceSouth 52° 09' 22" East along said southwesterly R/W of the railroad for 3343.7 feet to said South line of Section 17; thence South 890 40' 15" West along said South line of Section 17 for 2232.4 feet to the point of beginning." Commonly described as a 60 -acre tract located southwest of the Soo Line Railroad tracks, west of Up North Plastics (formerly Whirlpool) and north of a proposed extension of 95th Street South, Cottage Grove, Minnesota. WHEREAS, the Planning and Zoning Commission of the City of Cottage Grove reviewed the application at their meeting on March 23, 1987, and recommended approval of the request; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Washington County, Minnesota, that the application of Complete Auto Transit for site plan and building permit approval shall be granted, sub- ject to the following conditions: a. The final site plan shall show the boundary of the parcel purchased from the Soo Line so that compliance with setback requirements can be verified. b. All parking areas shall be hard surfaced and all parking stalls for trucks and cars clearly marked on the pavement surface. RESOLUTION NO. 87-41 Page 2 c. The grading, drainage and on-site utility plans shall be reviewed and approved by the City's consulting engineers. The applicant shall make any plan changes or add any curbing determined to be needed to facilitate drainage of all paved areas toward the City's storm sewer system. d. An alarm system shall be provided and coordinated with the requirements of the Cottage Grove Department of Public Safety. e. Detailed plans and specifications, including elevations and building materials, shall be subject to approval by the Fire Marshall, Building Offi- cial and Planning Department prior to issuance of building permits. The Fire Department may require fire hydrants to be provided on the site as necessary. Fire lanes shall be marked as directed by the Fire Department. Passed this 1st day of April, 1987. Mayor Attest: r City Clerk Case 87-16 Introduced by: Councilman Raun Seconded by: Councilman Denzer Voting in favor: Councilman Raun, Councilman Denzer, Councilman Brown, Councilman Hammero, and Mayor Peterson Voting against: None r STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) CITY OF COTTAGE GROVE ) 58585 ss I, the undersigned, being the duly qualified and acting Clerk of the City of Cottage Grove, Minnesota, DO HEREBY CERTIFY, that I have care- fully compared the attached copy of Resolution No. 87-41 of the City of Cottage Grove with the original on file in my office and the same is a full, true and complete transcript therefrom. WITNESS, my hand as such Clerk and the corporate seal of the City this 1st day of May, 1987. 1 k City of ottage Grove ' RESOLUTION NO. 93-52 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT APPLICATION MADE BY COMMERCIAL CARRIERS, INC. TO CONSTRUCT AN ADDITION ONTO THE EXISTING BUILDING AND EXPANDING THE OUTDOOR PARKING AREA LOCATED AT 9450 IDEAL AVENUE WHEREAS., A Conditional Use Permit application has been made by Commercial Carriers, Inc. (formally known as Janesville Transport, Inc.) to construct a 50' X 88.1' addition and expand their parking facility on property legally described as follows: Part of SE a of the NE a Section 20, T 27, R21 described as follows: "Beginning at the SE corner of the SE ; of,the NE ; of Section 20; thence on an assumed bearing of N 00 41' 48" W along the east line of the SE ; of the NE ; of Section 20 a distance of 806.0 feet; thence S 890 18' 12" W a distance of 712.47 feet; thence S 00 41' 48" E parallel with said east line of the SE a of the NE ; of Section 20 a distance of 809.93 feet to the south line of said SE a of the NE ; of Section 20; thence N 880 591 13" E along said south line a distance of 712.48 feet to the point of beginning. Subject to easement for public right-of-way purposes and subject to a 20 foot wide City Utility easement and subject to City road easement for the City of Cottage Grove." Commonly described as 9450 Ideal Avenue South, Cottage Grove, Minnesota. WHEREAS, the Planning Commission conducted a public hearing relative to this Conditional Use Permit application on March 22, 1993; and WHEREAS, no testimony was received in opposition to this application; and WHEREAS, the Planning Commission unanimously approved 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 the Conditional Use Permit made by Commercial Carriers, Inc. as described above; subject to the compliance of the following conditions: 1. All parking areas shall be hard surfaced and all parking stalls for trucks and cars clearly marked on the pavement surface. RESOLUTION NO. 93-52 PAGE 2 2. The grading, drainage and on-site utility plans shall be reviewed and approved by the City's consulting engineer. The applicant shall make any plan changes or add any curbing determined to be needed to facilitate drainage of all paved areas. 3. Detailed plans and specifications, including elevations and building materials, shall be subject to approval by the Fire Marshall and Building Official prior to issuance of building permits. 4. The land split of two acres from CP Rail (PIN 27020-2050) shall be combined with the existing tract of land identified as 27020-2060 (Commercial Carriers, Inc. property). In doing this, platting of the original taxing parcel (PIN 27020-2050) is not required. Passed this 21st day of April, 1993. Attests.- Caron:M-: StraAsky, City Clerk r, Introduced by: Councilmember Raun Seconded by: Councilmember Buth Voting in favor: 5 Ayes Voting against: 0 Nays :r 7434+09 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF COTTAGE GROVE I, the undersigned, being the duly qualified and acting Clerk of the City of Cottage Grove, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of Resolution No. 93-52 of the City of Cottage Grove with the original on file in my office and the same is a full, true and complete transcript therefrom. WITNESS, my hand as such Clerk and the corporate seal of the City this 26th day of May, 1993. Kevin Frazell City Clerk