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CR 91-105 CUP - Lambert Landscaping . - . May 1, 1991 "\ y \ 0 m .y ., o P K \ ~ council Report 91-105 CONDITIONAL USE PERMIT - LAMBERT LANDSCAPING Proposed Action. Staff recommends approval of the following motion: Move to approve Resolution R91-62 with conditions to allow a contractor's vard at 1402 5th Street South. Approval of this motion will allow Lambert Landscaping to have a contractor's yard at 1402 5th street South after meeting the conditions outlined in Resolution R91-62. The commission unanimously approved Resolution RZ91-9 approving the Conditional Use Permit with conditions. overview. Lambert Landscaping was Because of orders from Landscaping lease and all located at the landfill in south Hopkins. the PCA the city has terminated Lambert other businesses on the landfill. Lambert Landscaping has moved its operation to 1402 5th Street South. Mr. Lambert was in the process of securing a conditional use permit for a contractors yard when he moved his business. The zoning Ordinance and the Flood Plain Ordinance require a conditional use permit in the location as proposed. John Ruggieri, the applicants architect, appeared before the Commission. Mr. Ruggieri reviewed the project. The commission was concerned with the screening of the site. The Watershed District will not allow an opaque fence below the flood plain elevation. It was decided that either a combination of wood and chain link would be used or chain link and landscaping, whatever the Watershed District would allow for fencing. Primary o o o Issues to consider. will the proposed use affect the surrounding area? What are the proposed improvements to the site? What does the zoning ordinance require for a conditional use permit for a contractor's yard. What does the flood plain ordinance require? o SUDporting Documents. o Detailed Background o Analysis of Issues o Alternatives Planner . . . CR: 91-105 Page 2 Detailed Background. Parkina, The ordinance does not require any parking for this use. This type of business in general does not have the public going to the site to do business. However the site plan shows parking near the office area. Many of the applicants vehicles will be parked in the building. storage trailers will also be parked on the site. Enaineerina considerations. The applicants architect has been in contact with the Watershed District. The plan submitted should comply with the requirements of the Watershed District. The water will flow from west to east. Access. The current access to the site is from 5th street South, the access will remain the same. The staff is recommending only one access point to the site by eliminating the access to the west. utilities. The applicant is proposing to hook up to sewer and water from 5th Street. screenina. The ordinance requires that the yard is screened from the public view. The applicant's plan shows a 7 foot high metal opaque fence in the front yard with an 8 foot chain link fence surrounding the rest of the site. The Watershed District will not allow an opaque fence surrounding the site to prevent water flow. The storage bins will screen much of the site because they are 6 feet in height. Staff is recommending that a wood fence acceptable to staff be constructed on the north side of the site instead of the metal fence at a height of 8 feet. Also, a wood fence of at least 8 feet is constructed on the south lot line. comDrehensive Plan and zoning. The zoning on this site is I-2. The comprehensive plan has designated this site as industrial. Buildina. The applicant is proposing to construct a 104' x 44' metal building on the site. This type of construction is allowed under the present ordinance. . . . CR: 91-105 Page 3 primary Issues to Consider. o will the proposed use affect the surrounding area? The surrounding area has various industrial uses. The site has been used for storage in the past. since the surrounding area is industrial the only impact should be more vehicles on 5th street. The improvements to the property should improve the area aesthetically. Some of the applicants equipment will be stored in a building and the site will be organized and screened from 5th Avenue. The new fence on 5th Avenue will screen much of the site from 5th Avenue. o What are the proposed improvements to the site? The site will have rock bins on the east side of the site. These bins are 6 feet in height and made of 2 x 12 treated wood. Per the Watershed District the applicant is required to construct the bins of a porous material. Another improvement to the site is the construction of a new building on the site. The Building Inspector has stated that the Applicant can use a temporary office building until the permanent building is constructed but in order to use the temporary building a building permit must be secured for the permanent office building. The staff is concerned with the appearance of the proposed building and is recommending that the appearance be upgraded. The staff is recommending that before the applicant constructs the building that an upgraded building is reviewed by the Zoning and Planning commission. staff would recommend a kneewall is added to the building constructed of a decorative type material. o What does the zoning ordinance require for conditional use permit for a contractor's yard? The ordinance requires that the yard is screened from the public roadway, storage is organized to permit an aisle for vehicular travel 12 feet wide or greater between storage areas not greater than 40 feet in width, and that the yard be constructed for drainage according to a plan submitted and approved by the city engineer. The applicant will be screening the front yard from the street. However, he is unable to screen the west and east sides of the site because of the watershed districts requirements. The rock bins will provide some screening. e . . CR: 91-105 Page 4 Also, because of the construction of the buildings, much of the equipment will be stored inside. The Watershed District will not allow an opaque fence on the west and east sides of the building, but staff is recommending that landscaping is added along the east side of the site and 20 feet of the west side for screening. o Why does the applicant need a conditional use permit from the flood plain ordinance? The applicant needs a conditional use permit from the flood plain ordinance because the applicant is not using fill to elevate the building above the Regulatory Flood Protection Elevation. o What does the flood plain ordinance require? The following are the standards for a conditional use permit for the flood fringe: a) alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed area such as crawl spaces or tuck under garages. The base or floor or an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) if the enclosed area is above-grade on at least one side of the structure; 2) is designed to internally flood and is constructed with flood resistant materials; and 3) is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: a) design and certification the structures design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state Building Code and, specifically, that all electrical, heating ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulation with these components during time of flooding. . . . CR: 91-105 Page 5 b) specific standards for above-grade, enclosed areas above-grade, fully enclosed areas such as crawl or tuck under garages must be designed to internally flood and the design plans must stipulate: 1) the minimum area for openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for openings shall be no higher than one-foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. 2) that the enclosed area will be designed of flood resistant materials in accordance with the FP-] or FP-4 classifications in the state Building Code and shall be used solely for building access, parking of vehicles or storage. The applicant has elevated the structure one foot above the regulatory flood elevation which requires a conditional use permit. Alternatives. 1. Approve the conditional use permit to operate a contractors yard. By approving the conditional use permit the applicant will operate a contractor's yard 1402 5th street South. 2. Approve the conditional use permit to operate a contractors with conditions. By approving the conditional use permit conditions the Applicant will be able to operate a contractor's at 1402 5th street South after the conditions are met. yard with yard . ttJ. ~!rTI. )) " " -< -'L t ! > ~ ~ , r ph r' , ~i ~~ 6l ~ 1 ~ ; ~ l f 1 1 -~lrl lqill 11'h~ , illl! ~~ ~ ~ 1'.' Itj ~! /.1 ~lf l ra 'rl 1 (f) =i m "U r :r- <: .~ .F l~f f1i -' ;J r r ~-,~ p;~ .r- L.o 1 \ ~' F r ~Tj' '~ ~, ~' :. .Ln" I 0'. , 'f-. ., -T,r-r......I"''"; .-L:l::J~,~j J L (~r} l '~' \ , , , 1 ~ :..l , ~J r . t t I [ , t E8 .~ l . . - ,~ ~ , ~ L r , I I \ ! ~ . ' "1 }~ . F . //~_.,.---....--- : .;~ ( It ..... [- , - - - r ;~ ].. ~u f( fj \1' t t '? ~ H '~ ~ d~~ l~ f ~ L I! ' Sl! ! " . ? _J t I H p If ~ ! : ~ Ii p t i '/ ~\l"LF~,~~- I - . - - , . 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CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 91-62 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A CONTRACTORS YARD WHEREAS, an application for a Conditional Use Permit to operate a contractors yard entitled CUP 90-6 made by Cliff Lambert is approved. WHEREAS, the procedural history of the application is as follows: . 1. That an application for a Conditional Use Permit CUP 90-6 was filed with the city of Hopkins on November 2, 1990. 2. That the Hopkins Planning Commission reviewed such application on March 26, 1991. 3. That the Hopkins Planning commission, pursuant to published and mailed notices, held a hearing on November 27, 1990, December 27, 1990, January 29, 1991, and February 26, 1991: all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the city Staff and the Planning commission were considered. NOW THEREFORE BE IT RESOLVED, that application for cup 90-6 is hereby recommended for approval subject to the following Findings of Fact: 1. That the applicant meets the requirements for a Conditional Use Permit. 2. That the proposed use meets the requirements for the Flood Plain Ordinance. BE IT FURTHER RESOLVED, that application for CUP 90-6 is hereby recommended for approval subject to the following conditions: . 1. That additional landscaping is added on the entire east side of the site and 20 feet on the west. 2. That the south side fence is 8 feet in height and constructed of wood and chain link, if allowed by the Watershed District. 3. That the fence on the north side of the site is 8 feet in height and constructed of wood and chain link, if allowed by the Watershed District. 4. That 14th Avenue is vacated. . 5. That the Planning commission review and approve the plans for an upgraded building prior to any building being constructed. 6. That all the fences on the site are maintained. 7. That the applicant provide staff with a plan detailing the fence construction and that it is acceptable to Staff. 8. That the watershed district approve the plans. 9. That the applicant submit a revised landscape plan which is acceptable to staff. 10. That the applicant provide a letter of credit 1 1/2 times the amount of improvements (the applicant has agreed to this). Letter of Credit will be used to finish the improvements if the applicant does not finish them. The improvements include landscaping, fencing and the grading of the site. That the applicant meets the requirements of the Flood Plain Ordinance. That this Conditional Use Permit is reviewed in twelve months by the Planning commission. That the equipment and materials on the site are kept in a neat and orderly fashion. That the applicant can only use the temporary office building if a building permit is obtained for a permanent office building. That by November 1, 1991 the applicant must have the fencing and landscaping completed. That the west driveway access is eliminated. That a drainage and utility easement is obtained for the vacated 14th Avenue. 11, 12. 13. 14. . 15. 16. 17. Adopted this 7th day of May, 1991. ATTEST: Nelson W, Berg, Mayor James A. Genellie, City Clerk .