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HomeMy WebLinkAbout2024-12-16 PACKET 06.1. (Brockman ICUP Extension)STAFF REPORT CASE: ICUP2024-025 ITEM: 6.1 PUBLIC MEETING DATE: 12/16/24 TENTATIVE COUNCIL REVIEW DATE: 1/8/25 APPLICATION APPLICANT: Brockman Land, LLC REQUEST: An extension to the Interim Conditional Use Permit to allow for the continuance of existing site operations until such time any adjacent property use is proposed which aligns with the guided land use in the Comprehensive Plan. SITE DATA LOCATION: 10870 Ideal Avenue South ZONING: R-3, Low Density Residential GUIDED LAND USE: Low Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Legal Nonconform Low Density Res. EAST: Agricultural Industrial SOUTH: Legal Nonconform Low Density Res. WEST: Legal Nonconform Low Density Res. SIZE: N/A DENSITY: N/A RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. Cottage COTTAGE GROVE PLANNING DIVISION J Grove +ere Prh4e an.P`O$Perity Meet Planning Staff Contact: Riley Rooney, Associate Planner; 651-458-2834; rrooney(o)_cottagegrovemn.gov Application Accepted: 11/20/2024 60-Day Review Deadline: 1/19/2025 City of Cottage Grove Planning Division e 12800 Ravine Parkway South e Cottage Grove, MN 55016 Planning Staff Report Brockman ICUP Extension Planning Case No. ICUP2024-025 December 16, 2024 Proposal Brockman Land, LLC has applied for an extension to the Interim Conditional Use Permit (Resolu- tion 2015-085) at 10870 Ideal Avenue South to allow for the continuance of existing site operations until such time any adjacent property use is proposed which aligns with the guided land use in the Comprehensive Plan. Location Map Review Process Application Received- November 20, 2024 Acceptance of Completed Application- November 20, 2024 Planning Commission Meeting- December 16, 2024 Tentative City Council Date- Janurary 8, 2025 60-Day Review Deadline- January 19, 2025 Planning Commission Staff Report — Brockman Interim Use Permit Planning Staff Report —Case ICUP2024-025 December 16, 2024 Page 2 of 6 Background Previous Approvals The Subject Property and the property located at 10876 Ideal Avenue, just south of the Subject Property, were previously one lot under common ownership and used as an auto salvage yard. Through zoning changes, this property became a legal nonconforming use. The subject property was later split and two family members operated their own businesses on each parcel. • A 1979 CUP allowed an auto salvage yard on the south portion of the property (A&F Auto South Parcel). • A 1995 CUP clarified additional requirements and conditions on the A&F Auto South Parcel. (Resolution 1995-079). • In 1995, a separate CUP was granted for the north parcel (the Subject Property) to allow for its own auto salvage yard (Resolution 1995-086). • Then, a 1999 CUP allowed the expansion of the 1995-079 CUP to add the Subject Property in order for the conditions on each parcel to be consistent and to allow for the construction of a building on the Subject Property. • In 2001, the 1995-079 CUP was revoked, only as it applied to the A&F Auto South parcel and not the Subject Property. • In 2015, Roger's Auto & Truck Parts, Inc., then owner of the Subject Property, was granted an interim conditional use permit (ICUP) for the expansion of a legal nonconforming use to allow for the exterior storage, delivery, return, and service of mobile office trailers only for the Subject Property. The 2015 ICUP (Resolution 2015-085) revoked all prior approvals tied to the Subject Property, with the exception of the approval for use of the existing building as noted in the 1999 CUP Resolution (Resolution 1999-079). • In 2021, the previous tenant, Sullivan Properties Investments III, LLC, applied for a CUP for the expansion of legal nonconforming uses to include the storage of semi -trailers and ground level office and storage containers. In doing so, this would provide a permanent land -use assurance with the property. The application was denied by City Council at its April 14, 2021 meeting. The application was denied on the grounds that granting the CUP would impede the normal and orderly development of the surrounding properties in the area by allowing the use to continue in perpetuity, therefore rendering the Comprehensive Plan for this property and the surounding area ineffective and moot. • Sullivan Properties Investments III, LLC then sold the Subject Property to Brockman Land, LLC in July 2021. Therefore, the only remaining approvals include the 2015 ICUP for the expansion of a temporary legal nonconforming use to allow for the exterior strorage, delivery, return, and service of mobile office trailers. The 2015 ICUP is set to expire on August 31, 2025. Upon expiration of the ICUP, the use of the property would be required to comply with uses outlined in the R-3 zoning district. Planning Commission Staff Report — Brockman Interim Use Permit Planning Staff Report —Case ICUP2024-025 December 16, 2024 Page 3 of 6 Current Property Use The property is currently owned and occupied by a Brockman Land, LLC, which utilizes the property for exterior storage of semi -truck trailers. Brockman Land is locally owned and operated out of Afton, Minnesota. Per the submitted application, Brockman Land is proposing to continue to utilize the property as currently operated. The impacts of the current use are minimal to the surrounding neighborhood. Brockman Land anticipates up to 150 units being stored at the property, with roughly 10 to 15 truck trailers moving in or out each week between the hours of 7.00 a.m. to 4.00 p.m. Planning Considerations Property Characteristics The site is relatively flat and is occupied by a principal structure built in 1999 at the front of the property along with a small parking area located in front of the building. The exterior storage area accounts for the bulk of the parcel and is located behind the principal structure. Current Site 2024 Land Use and Zoning The applicant's property is currently zoned R-3, Single Family Residential, and guided as Low Density Residential in the 2040 Comprehensive Plan. The proposed use conflicts with the City's Planning Commission Staff Report — Brockman Interim Use Permit Planning Staff Report —Case ICUP2024-025 December 16, 2024 Page 4 of 6 zoning ordinance and land use plan as exterior storage of truck trailers are not a permitted use in the R-3 zoning district, and therefore, is an existing legal nonconforming use. Per City Code Title 11-3-1A., there may exist lots, structures and uses of land, which were lawful before this Title was passed or amended, but which would be prohibited, regulated or restricted under the terms of the current Zoning Code for future amendments. The purpose of Title 11-3-1A [is] to permit these nonconformities to continue until they are removed, but not to encourage their survival. In accordance with this chapter, the intent is for the property to continue, not expand, current operations until such time any adjacent property use is proposed which aligns with the Zoning Ordinance and Comprehensive Land Use Plan. The requested ICUP (1) does not enable the long-term expansion or survival of the nonconforming use as it does not entitle a permanent land -use assurance with the property; and (2) the adjacent properties are not protected by CUPs and can only be allowed to continue as the current use and upon discontinuance will expire and be required to conform with the Zoning Ordinance and Land Use Plan. The guiding and zoning of this property supports the construction of residential development. Ad- ditionally, the City has recently extended public utilities, including sewer and water infrastructure, along Ideal Avenue that are available to this parcel. At such a time that the Subject Property or any of the adjacent properties are proposed for redevelopment, the utilities will support the devel- opment of permitted uses in the R-3 district. Recommendation That the Planning Commission recommend that the City Council extend the interim conditional use permit at 10870 Ideal Avenue South to allow for the continuance of existing site operations until such time any adjacent property use is proposed which aligns with the guided land use in the Comprehensive Plan, subject to the following conditions: The principal structure is permitted to be utilized by the existing property owner for the duration of the interim conditional use permit, as currently used or a permitted use as outlined in the R-3 zoning district. 2. Any change in use of the principal structure shall be reviewed by the Community Develop- ment Director. 3. No additions to the existing principal structure shall be permitted. 4. No additional structures are permitted to be constructed on the Subject Parcel. 5. The interim conditional use permit shall terminate and expire at such time the existing use on any adjacent parcel is terminated and the use of the parcels is proposed in compliance with the legal conforming uses in the R-3, Single -Family residential district. Planning Commission Staff Report — Brockman Interim Use Permit Planning Staff Report —Case ICUP2024-025 December 16, 2024 Page 5 of 6 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.; electrical, grading, driveway, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any maintenance activities on the building or site. 8. Storage of any semi -trailers or materials shall be prohibited in the designated surface water management areas. 9. Dust and erosion must be controlled in accordance with proper stormwater BMPs. 10. No exterior storage is allowed in the front yard area between the principal structure and the public right- of way. 11. Emergency access lanes that are at a minimum of 20 feet wide shall be maintained at all times within the designated outdoor storage area. 12. Exterior storage of a maximum of 100 semi -trailers shall be permitted behind the principal structure within the designated storage area on the site plan dated 7/22/15. 13. Stacking of stored semi -trailers is prohibited. 14. Extensively damaged semi -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. 15. The designated outdoor storage area shall continue to be enclosed with security fencing. Said fencing shall be maintained in a good workmanship -like manner at all times. 16. Any changes to the use of the principal structure shall require compliance and maintenance inspection of the septic system on site. 17. The well and septic system locations must be protected at all times. 18. Security lighting on the existing principal structure shall be directed downward and cannot exceed 0.5 foot candles at the property line. 19. Any additional lighting on the subject property shall submit a detailed lighting plan in accordance with City Code standards outlined in Title 11-3-10. 20. Trash and recycling needs on the site shall be handled in accordance with ordinance criteria. 21. The exterior overhead doors of the principal structure shall remain closed during times of repair activities that generate noise. Planning Commission Staff Report — Brockman Interim Use Permit Planning Staff Report —Case ICUP2024-025 December 16, 2024 Page 6 of 6 22. The City Noise Ordinance and hours of operation between 7:00 am and 7:00 pm shall be conformed to at all times. 23. Any violations of the approving resolution may trigger review of the use by the City Council and be cause for possible amendments to or revocation of the interim conditional use permit. Prepared by: Riley Rooney Associate Planner Attachments: • Resolution 2015-085 • Applicant Narrative RESOLUTION NO. 2015-085 A RESOLUTION APPROVING AN INTERIM 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 '/ of the North '/ of the Southeast 1/4 of the 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 % of Southeast'/; 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 said tract to be reserved for a public highway. Commonly known as 10870 Ideal Avenue 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 July 27, 2015; and 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. NOW, THEREFORE BE 1T 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. 2. Resolution No. 1999-72 and all uses permitted by said resolution shall be revoked. Resolution No. 2015-085 Page 2 of 3 3. Resolution No. 1995-79 and Resolution No. 1995-86 and all uses permitted by said resolutions shall be revoked. 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 improved with Class 5 material. 13. Dust and erosion must be controlled in accordance with proper stormwater BMPs. 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 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. Resolution No. 2015-085 Page 3 of 3 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 times of repair activities that generate noise. 26. The City Noise Ordinance and hours of operation shall be conformed to at all times. 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 Council and be cause for possible amendments to or revocation of the interim conditional use permit. Passed this 12th day of August 2015. Attest: Joe Fisc ach, City Clerk /_,MVapty, Mayor September 27, 2024 City of Cottage Grove Representatives 12800 Ravine Parkway Cottage Grove, MN 55016 Re: 10870Ideal Avenue South, Cottage Grove, AN (the "Subject Property') Dear Honorable Representatives of the City of Cottage Grove: We (Brockman Land LLC) are the owners of Subject Property described on Exhibit A. This property, as you know, is currently zoned R-3 Single Family Residential. The current use of the Subject Property, as previously noted by the City, is permitted by Interim Conditional Use Permit, Resolution 2015-85 ("ICUP"), which has a termination date of August 31, 2025. The permit states that after expiration of the ICUP, the Subject Property must be used for legal conforming uses in the R-3 District (Single Family Residential); however, the properties that are immediately adjacent to the Subject Property are either not developed to permit or accommodate such a use or, to the extent they are developed or used at all, are engaged in nonresidential uses, such as an aggregate pit and undeveloped auto salvage operation. In addition, the property itself is very long and very narrow and wouldn't work well as single-family residential development at this time. In addition to the fact that it is largely surrounded by, as mentioned, undeveloped or nonresidential uses. Accordingly, because the parcel and the land immediately adjacent to it do not have a realistic likelihood of near term development to single family residential, it would not make sense to eliminate any use whatsoever on the Subject Property such as would happen if the ICUP were eliminated. Additionally, because of the long and narrow configuration of the lot, it is not clear that it could be developed for single-family residential even if the area was ready. We believe it makes common sense to extend the productive use of the Subject Property, specifically to allow the ICUP to continue in place and to be amended so that it does not expire on August 31, 2025 but, instead, continues until adjacent properties (specifically, the parcel to the north and the parcel to the south) are developed for residential purposes and uses and those uses established. This will allow the productive use of the property to continue. The property will continue to be used in the same manner in which it has been used since the purchase. Indoor storage for equipment, outdoor parking of semi -trailers in the screened portion. It provides an important service to local and area businesses and you will obviously have our continuing commitment to avoid creating any nuisance or disruption on the Subject Property as we have done to -date. We will continue to do that and continue to work with the City and its fine staff very closely to accommodate any future needs. We do appreciate the City's understanding of these particular facts and are pleased to answer any questions that you may have. Thank you again. Sincerely, Joseph R Brockman Its Manager, on behalf of Brockman Land LLC EXHIBIT A (Legal Description) The North 7-112 acres in the South % of the North '1 of the Southeast 11 of the Southeast'/ 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 % of Southeast'/; 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 said tract to be reserved for a public highway. Commonly known as 10870 Ideal Avenue South, Cottage Grove, Washington County, State of Minnesota.