HomeMy WebLinkAbout2008-05-27 CC Meeting Packet EnclosureMeeting Date May 27 2008
Time Required:
10 Minutes
Agenda Placement New Business
Oak Park Heights
Request for Council Action
Agenda Item Title: Conditional Use Permit — Open and Outdoor Storage Syd Stephan —
Sta
Originating Department/Re estor Eric Johnson Cit Administrator
Requester's Signature
Action Requested S elow
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the enclosed from Scott Richards, City Planner
URE
Planner's Report (Dated April 30) (attachments can be found in the May 2008
Planning Packet)
2. Planning Commission Resolution (unsigned)
3. Proposed City Council Resolution
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: April 30, 2008
RE:
FILE NO: 798.02 — 08.04
BACKGROUND
Barbara Stephan of Stephan Stagecoach Property LLC at 5280 -5302 Stagecoach Trail
North has made an application for a conditional use permit to allow open and outdoor
storage of equipment and materials at their operation located at 5302 and 5296
Stagecoach Trail North. This is the site formerly occupied by First Student Inc. for
school bus storage and repair operations. The conditional use permit application has
also included the allowance for Stillwater Area Schools to lease a majority of the site
and the buildings at 5280 and 5288 to allow for exterior storage of buses. The previous
conditional use permit for outdoor bus storage for Ryder Student Transportation
Services that was approved in 1999 and amended in 2001 for First Student has now
expired.
The property is zoned 1, Industrial District. Open and outdoor storage is a listed
conditional use permit within that district. The landscape business and school bus
office /repair operations that are internal to the existing buildings are permitted uses in
this district.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
NORTHWEST A. O CIATE ON U LTANT , INC.
4800 Olson Memorial Highway, suite 202, Golden Valley, MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231 ,2561 planners @nacplanning.com
Oak Park Heights — Stephan Stagecoach Property LLC
Open and Outdoor Storage Conditional Use Permit for
Horticultural Services and School Bus Storage
Site Plan
Fuel Tank Details
Project Narrative
Trash Enclosure Picture
Access Permit — Washington County
Exhibit F: 1999 Conditional Use Permit for Bus Storage
Exhibit 0: Site Photos
PROJECT DESCRIPTION
Commercial Landscape Business. Horticulture Services LLC is a company
headquartered out of Scandia, Minnesota that provides commercial landscape services
including landscaping and irrigation maintenance, as well as seasonal color plantings.
The landscape business seeks to continue operations out of the buildings at 5302 and
5296 Stagecoach Trail North and to allow for the outdoor storage of equipment and
materials. The site plan, found as Exhibit A, indicates the area of the site to be
occupied by the landscape business and where the materials are to be stored. The
applicant has indicated a desire to add a covered shed, behind 5302, that would provide
salt storage and pallets of bagged fertilizer. The applicant will need to clarify the
proposed location of this shed. The building plans and details of this shed would need
to be approved by City staff.
The application requests the conditional use permit to store the following landscape
maintenance equipment and materials outdoors:
• A maximum of nine 26 foot and four 14 foot landscape trailers.
O A maximum of six trucks ( to 2% ton size).
• A maximum of four skid steer loaders or landscape tractors.
• A maximum of six landscape implements such as roto- tillers, turf aerators, and brush
chippers to be stored to the west of the 5302 building.
• A maximum of three 91/2 foot snow plows (pickup truck size) to be stored to the west
of the 5302 building.
O A maximum of 12 pallets of bagged lawn fertilizer or ice melt to be stored directly
behind (west) of the 5302 building. Bags will be palletized, unopened, and shrink
wrapped.
School Bus Operations /Storage. The site plan and narrative indicate that 5288 and
5280 Stagecoach Trail North and a majority of the site would be occupied by a bus
transportation company that would sub -lease the space from the School District. The
bus company has not been identified at this time. The company would have offices and
conduct repair activities in the buildings. The current application requests permission to
park a maximum of 100 school buses outdoors. The previous conditional use permit
allowed for a maximum of 120 buses.
Above Ground /Outdoor Storage of Fuel. The applicant proposes to place an above
ground storage tank with a fueling island as indicated on the site plan. There would be
one 14,000 gallon tank containing diesel and gasoline. All Federal, State, County, and
City requirements for storage and dispensing motor fuels would be complied with. The
City shall require the applicant to screen the tank on all sides with a fence, to be
approved by the City, or bury the tank underground.
2
ISSUES ANALYSIS
Conditional Use Permit Criteria. The outside storage of landscape materials and
equipment, buses and fuel storage is a conditional use subject to conditions outlined in
Section 401.32.E.1 of the Zoning ordinance:
a. The area is fenced and screened from view of neighboring residential uses or if
abutting a residential district in compliance with Section 401.15.E of the Zoning
Ordinance.
As part of the approvals in 1 999, the applicant was required to provide additional
trees, especially on the south end of the site adjacent to Stagecoach Trail North.
Additionally, trees were required south of the Bell property. Staff observation of
the site indicates that there are gaps in the screening trees along Stagecoach
Trail, especially on the south end of the site. Additionally, some of the evergreen
trees on the north end of the site along Stagecoach Trail have died and will be
required to be removed and replaced. The applicant has provided a landscape
plan indicating the removal of trees and the trees to be replaced. All changes to
the landscaping shall be subject to review and approval of the City Arborist.
b Storage is screened from the public right- of-way in compliance with Section
401.15.E of the Zoning Ordinance.
With replacement and the addition of additional trees in the berm along
Stagecoach Trail North, the site will be adequately screened from the public
right-of-way.
c. Storage area is grassed or surfaced to control dust.
The site was previously required to be paved and provided with curb and gutter
to address surface runoff.
d. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right -of-way or from neighboring residences and shall be in
compliance with Section 401.15.B.7 of the Zoning Ordinance.
Previously, lighting was installed on site in compliance with requirements of the
Zoning Ordinance. If any additional lighting is added to the buildings or site, it
will need to be in compliance with the Zoning Ordinance.
e. The provisions of Section 401.03.A.8 of the Zoning Ordinance are considered
and satisfactorily met.
Staff has reviewed the criteria and, based upon the fact that the bus operation
had previously occupied the site without major incident, the conditional use
permit should be considered for approval.
3
Environmental. The existing conditional use permit required the submittal and
approval of a Stormwater Pollution Prevention Plan by the Minnesota Pollution Control
Agency (MPCA). That permit is in place and on file with the MPCA. A Spill Prevention
Control and Countermeasures Plan (SPCC) is required for any facility with above
ground site storage facilities for petroleum exceeding 1,320 gallons. Once installed (if
approved by the City), the plan is submitted to the Environmental Protection Agency
(EPA). The plan is reviewed and kept on file by the EPA. The MPCA will also require
submittal of a Notification for Above Ground Storage Tanks once the tank is installed.
The City wilt require the applicant to receive a building permit for the tank installation.
Trash Storage. The site plan indicates trash and recycling enclosures adjacent to
Buildings 5302 and 5280. The enclosures shalt be constructed of cedar fencing with
doors. The proposed enclosures shall be adequate for this site.
Noise. In 1999, when the bus storage proposed was first discussed, there was
considerable concern related to adding of buses and the back up warning systems on
the buses. As a result, conditions related to requiring all buses to be backed into their
respective parking spaces at the end of the day and requiring block heaters and heater
plugs on all buses will again be required.
Hours of Operation. The project narrative, found in Exhibit C provides a detailed
summary of the hours of operation for the landscape maintenance contractor and the
bus contractor. The Planning Commission and City Council should review the proposed
hours and comment if any additional conditions shall be added to this approval.
Parking. Parking requirements for bus facilities and landscaping service businesses
are not outlined in the Zoning Ordinance. The submitted site plan indicates a total of
112 bus parking spaces and 113 car spaces. With a maximum of 100 buses proposed,
there is more than adequate space for both the landscape business and for bus storage
and bus driver parking. Adequate circulation for fuel deliveries and bus traffic is
provided on site. The plan indicates a common area that will be kept open for vehicle
circulation.
Grading and Drainage. With the previous addition of curb, gutter and adequate
stormwater drainage facilities, there are no issues with the landscape business or bus
operations. The City Engineer shall approve any changes, if proposed, to the
stormwater drainage for the site.
Landscaping and Signage. The parking lot lighting approved in 1999 has not
changed. One additional light is proposed at the outdoor fueling station. All existing
and proposed light shall be in conformance with the lighting standards as specified in
the Zoning Ordinance.
4
CONCLUSIONS/RECOMMENDATION
The outside storage of landscape equipment and materials and the outdoor storage of
buses proposed for this site generally satisfies the Zoning Ordinance criteria for such
uses. The subject site is planned and zoned for industrial uses. With addition of the
additional screening as proposed, the site is well buffered to adjacent properties. With
the conditions of approval, the proposed use should have a minimal impact to traffic,
noise, air quality, or other pollution issues. The conditional use permit for open and
outdoor storage is recommended with the following conditions:
1. The number of buses allowed on site at any one time shall not exceed 100.
2. Any plans for a covered shed to the rear of 5302 Stagecoach Trail North shall be
approved by City staff.
3. All employees dispensing fuel shall receive training for proper fueling techniques
including emergency spill response procedures.
4. The applicant shall submit a Notification for Above Ground Storage Tanks to the
MPCA once the tank has been installed.
5. The applicant shall submit a Spill Prevention and Control Countermeasure Plan
to the EPA and to the City.
6. The applicant shall receive and retain a Hazardous Waste Generators Service
from Washington County for the landscape business and bus operation.
7. The fuel tank shall be screened with a fence on all sides, as approved by the
City, or be completely placed underground.
8. The tree removal and replacement plan shall be subject to review by the
Planning Commission and approval by the City Arborist and City Council.
9. All signage and lighting existing and proposed for the site shall be compliant with
the Zoning Ordinance.
10. Any changes to the grading and drainage patterns of the site shall be subject to
the review and approval of the City Engineer.
11. Block heaters and heater plugs shall be installed on all buses operated out of the
facility at 5280 and 5288 Stagecoach Trail before commencement of operations.
12. An operations plan shall be developed and enforced, subject to the review and
approval of City staff, requiring that all buses shall be backed into their respective
parking spaces at the end of the days operation.
5
13. The plan for the hours of operation as developed by the applicant, shall be
subject to the review of the Planning Commission and approval of City staff and
the City Council.
14. Annual review is hereby imposed as a condition of this permit. This permit shall
be reviewed on or about June 1 of each year and may be amended or altered in
the discretion of the City Council.
15. Any other conditions of the Planning Commission, City Council and City staff.
6
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY STEPHAN STAGECOACH PROPERTY LLC
FOR A CONDITIONAL USE PERMIT TO ALLOW OPEN AND
OUTDOOR STORAGE OF EQUIPMENT AND MATERIALS FOR A
LANDSCAPE CONTRACTOR AND TO ALLOW FOR THE OUTDOOR
STORAGE OF SCHOOL BUSES
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Stephan
Stagecoach Property LLC for a conditional use permit to allow open and outdoor storage of
equipment and materials for a landscape contractor and allow for the outdoor storage of school
buses; and after having conducted a public hearing relative thereto, the Planning Commission of
Oak Park Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
and
SEE ATTACHMENT B
3 . The subject site is zoned Industrial District in which open and outdoor
storage is a listed conditional use; and
4. The conditional use permit for First Student granted on May 25, 1999 to
allow the outdoor storage of buses has expired; and
5. City staff prepared a memorandum dated April 30, 2008 reviewing the
request for the conditional use permit; and
6. The planning report recommended approval of the conditional use permit
for open and outdoor storage of equipment of materials for a landscape contractor and the
exterior storage of buses with conditions; and
7. The Planning Commission held a public hearing at their May 8, 2008
meeting, took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Stephan Stagecoach Property LLC for a conditional use
permit to allow open and outdoor storage of equipment and materials for a landscape contractor
and allow for the outdoor storage of school buses and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval with the following conditions:
1. The number of buses allowed on site at any one time shall not exceed 100.
2. Any plans for a covered shed to the rear of 5302 Stagecoach Trail North shall be
approved by City staff.
3. All employees dispensing fuel shall receive training for proper fueling techniques
including emergency spill response procedures.
4. The applicant shall submit a Notification for Above Ground Storage Tanks to the MPCA
once the tank has been installed.
5. The applicant shall submit a Spill Prevention and Control Countermeasure Plan to the
EPA and to the City.
6. The applicant shall receive and retain a Hazardous Waste Generators License from
Washington County for the landscape business and bus operation.
7. The fuel tank shall be screened with a fence on the west, north and south sides with a ten
(10) foot cedar fence, as approved by the City.
8. The tree removal and replacement plan was favorable to the Planning Commission and
subject to approval by the City Arborist and City Council.
9. All signage and lighting existing and proposed for the site shall be compliant with the
Zoning Ordinance.
10. Any changes to the grading and drainage patterns of the site shall be subject to the review
and approval of the City Engineer.
2
11. Block heaters and heater plugs shall be installed and utilized on all buses operated out of
the facility at 5280 and 5288 Stagecoach Trail before commencement of operations.
There shall be no excessive idling of buses on the site as determined by the City.
12. An operations plan shall be developed and enforced, subject to the review and approval
of City staff, requiring that all buses shall be backed into their respective parking spaces
at the end of the days operation.
13. The plan for the hours of operation as developed by the applicant was favorable to the
Planning Commission and is subject to approval of City staff and the City Council.
14. Annual review is hereby imposed as a condition of this permit. This permit shall be
reviewed on or about June 1 of each year and may be amended or altered in the discretion
of the City Council.
15. Any other conditions of the City Council and City staff.
Recommended by the Planning Commission of the City of Oak Park Heights this 8 day
of May 2008.
ATTEST:
Eric A. Johnson, City Administrator
Michael Liljegren, Chair
3
ATTACHMENT A
Conditional Use Permit
For
Outside Storage of Landscape Maintenance Equipment & Materials
And
Outdoor School Bus Parking
Washington County GEO Code& Legal Description:
Geo Code: 01029.20.31.0003
Legal Description:
The North 963.6 feet of the East 429 feet of the NE 1 /4 of the SW �/4 of Section 3,
Township 29 North, Range 20 West, excepting the following two tracts"
1. The North 232 feet of the East 165 feet thereof; and 2. The South 262 feet of the North
494 feet of the East 233 feet thereof.
Geo Code: 03.029.20.31.0004
Legal Description:
Located at 5280 — 5302 Stagecoach Trail, N.
All that part of the NE 1 /4 of the SW 1 /4 of Section 3, Township 29, Range 20, contained
within the following bounds, to -wit:
Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said
Section 3, and running thence West 24 rods and 3 feet; thence South 21 rods and 9.9 feet
to the place of beginning, excepting therefrom the South 150 feet thereof.
Conditional Use Permit
For
Outside Storage of Landscape Maintenance Equipment & Materials And
Outdoor School Bus Parking
Application Materials
® Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 1 1 x 17 Sets)
® Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Staternent(s) /Legal Description(s)
Conference With City Staff Upon Application Submittal: April 23, 2008
Planning Commission Public Hearing & Recommendation: May 8, 2008
Required Approvals:
City Council Majority Vote
Conditional Use Permit - Lapse of Approval:
ATTACHMENT B
Located at 5280 — 5302 Stagecoach Trail, N.
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY STEPHAN STAGECOACH PROPERTY LLC
FOR A CONDITIONAL USE PERMIT TO ALLOW OPEN AND
OUTDOOR STORAGE OF EQUIPMENT AND MATERIALS FOR A
LANDSCAPE CONTRACTOR AND TO ALLOW FOR THE OUTDOOR
STORAGE OF SCHOOL BUSES
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Stephan
Stagecoach Property LLC for a conditional use permit to allow open and outdoor storage of
equipment and materials for a landscape contractor and allow for the outdoor storage of school
buses; and after having conducted a public hearing relative thereto, the Planning Commission of
Oak Park Heights recommended that the application be approved with conditions. The City
Council of Oak Park Heights makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
and
SEE ATTACHMENT B
3. The subject site is zoned Industrial District in which open and outdoor
storage is a listed conditional use; and
4. The conditional use permit for First Student granted on May 25, 1999 to
allow the outdoor storage of buses has expired; and
5. City staff prepared a memorandum dated April 30, 2008 reviewing the
request for the conditional use permit; and
6. The planning report recommended approval of the conditional use permit
for open and outdoor storage of equipment of materials for a landscape contractor and the
exterior storage of buses with conditions; and
7. The Planning Commission held a public hearing at their May 8, 2008
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by Stephan Stagecoach Property LLC for a conditional use
permit to allow open and outdoor storage of equipment and materials for a landscape contractor
and allow for the outdoor storage of school buses and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the following conditions:
1. The number of buses allowed on site at any one time shall not exceed 100.
2. Any plans for a covered shed to the rear of 5302 Stagecoach Trail North shall be
approved by City staff.
3. All employees dispensing fuel shall receive training for proper fueling techniques
including emergency spill response procedures.
4. The applicant shall submit a Notification for Above Ground Storage Tanks to the MPCA
once the tank has been installed.
5. The applicant shall submit a Spill Prevention and Control Countermeasure Plan to the
EPA and to the City.
6. The applicant shall receive and retain a Hazardous Waste Generators License from
Washington County for the landscape business and bus operation.
7. The fuel tank shall be screened with a fence on the west, north and south sides with a ten
(10) foot cedar fence, as approved by the City.
8. The tree removal and replacement plan was favorable to the Planning Commission and
City Council and is subject to approval by the City Arborist.
9. All signage and lighting existing and proposed for the site shall be compliant with the
Zoning Ordinance.
10. Any changes to the grading and drainage patterns of the site shall be subject to the review
and approval of the City Engineer.
2
11. Block heaters and heater plugs shall be installed and utilized on all buses operated out of
the facility at 5280 and 5288 Stagecoach Trail before commencement of operations.
There shall be no excessive idling of buses on the site as determined by the City.
12. An operations plan shall be developed and enforced, subject to the review and approval
of City staff, requiring that all buses shall be backed into their respective parking spaces
at the end of the days operation.
13. The plan for the hours of operation as developed by the applicant was favorable to the
Planning Commission and City Council and is subject to approval of City staff.
14. Annual review is hereby imposed as a condition of this permit. This permit shall be
reviewed on or about June 1 of each year and may be amended or altered in the discretion
of the City Council.
ATTEST:
Approved by the City Council of the City of Oak Park Heights this 27 ' day of May 2008.
pp y y
Eric A. Johnson, City Administrator
David Beaudet, Mayor
3
ATTACHMENT A
Conditional Use Permit
For
Outside Storage of Landscape Maintenance Equipment &Materials
And
Outdoor School Bus Parking
Washington County GEO Code& Legal Description:
Geo Code: 03.029.20.31.0003
Legal Description:
The North 963.6 feet of the East 429 feet of the NE 1 /4 of the SW 1/4 of Section 3,
Township 29 North, Range 20 West, excepting the following two tracts"
1. The North 232 feet of the East 165 feet thereof; and 2. The South 262 feet of the North
494 feet of the East 233 feet thereof.
Geo Code: 03.029.20.31.0004
Legal Description:
Located at 5280 — 5302 Stagecoach Trail, Na
All that part of the NE 1 /4 of the SW 1/4 of Section 3, Township 29, Range 20, contained
within the following bounds, to -wit:
Beginning at a point 30 feet West of a stake which is 80 rods South of the center of said
Section 3, and running thence West 24 rods and 3 feet; thence South 21 rods and 9.9 feet
to the place of beginning, excepting therefrom. the South 150 feet thereof.
Required Approvals:
ATTACHMENT B
Conditional Use Permit
For
Outside Storage of Landscape Maintenance Equipment & Materials And
Outdoor School Bus Parking
Located at 5280 — 5302 Stagecoach Trail, N.
Application Materials
• Application Form
• Fees
. Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
® Proof of Ownership or Authorization to Proceed
® Property Tax Statement(s)/Legal Description(s)
Conference With City Staff Upon Application Submittal: April 23, 2008
Planning Commission Public Hearing & Recommendation: May 8, 2008
City Council Majority Vote
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)