Item 4.1 Bury IUP'01
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
24 May 2021
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
4.1— Bury IUP Amendment
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Is a strong organization that is committed to leading the community through innovative
communication.
No
Has proactively expanded infrastructure to responsibly provide core services.
BACKGROUND/JUSTIFICATION:
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X
Is a social community with diverse housing, service options, and employment opportunities.
The west portion of the property is currently not utilized. The property owner is proposing to use the west
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of an interim use permit amendment.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Yes, held by Planning Commission on 17 May 2021.
BACKGROUND/JUSTIFICATION:
Bury Industries, located at 990173,d Street, received approval of an interim use permit on 14 May 2018 to
allow outdoor storage accessory to its metal fabrication business. The subject site is 14.45 acres in area
and is planned to accommodate future expansion of the principal building as well as outdoor storage area.
The west portion of the property is currently not utilized. The property owner is proposing to use the west
portion of the property for rental outdoor storage of boats, trailers, recreational vehicles, and semi-
tractor/trailers until the business may be expanded in the future. An amendment to the approved interim
use permit is required to allow the proposed change in the accessory outdoor storage.
A public hearing to consider the application was held at the Planning Commission meeting on 17 May 2021.
Matthew Bury was present as the applicant as was Tom Bury. There were no public comments. The
Planning Commission supported the concept of for -rent storage spaces, especially with regards to semi-
tractor/trailers. The Planning Commission discussed the landscape screening installed with the original
site development. In order to provide more effective screening for future residential uses planned to the
east of Kadler Avenue, the Planning Commission recommended that the landscape plan be revised to
concentrate a variety of plantings in that yard. The Public Hearing was closed and the Planning
Commission voted 7-0 to recommend approval of the application.
SUPPORTING DOCUMENTS ATTACHED:
■ Planning Report dated 4 May 2021
■ Engineering Review dated May 12, 2021
■ Findings of Fact and Decision
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve an interim use permit amendment for Bury Companies, LLC subject to the conditions as
stated on the findings of fact and decision as presented.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A N/A
ITEM 3_1
TPC
The Planning Company
PLANNING REPORT
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 4 May 2021
60 -DAY DATE: 18 June 2021
RE: Otsego — Bury Industries; Outdoor Storage IUP amendment
TPC FILE: 101.02
BACKGROUND
Bury Industries, located at 990173,d Street, received approval of an interim use permit on 14
May 2018 to allow outdoor storage accessory to its metal fabrication business. The subject site
is 14.45 acres in area and is planned to accommodate future expansion of the principal building
as well as outdoor storage area. The west portion of the property is currently not utilized. The
property owner is proposing to use the west portion of the property for rental outdoor storage
of boats, trailers, recreational vehicles, and semi-tractor/trailers until the business may be
expanded in the future. An amendment to the approved interim use permit is required to
allow the proposed change in the accessory outdoor storage. A public hearing to consider the
application has been noticed for the Planning Commission meeting on 17 May 2021.
Exhibits:
■ Site Location Map
■ Site and Grading Plan
■ Landscape Plan
■ Details
1
ANALYSIS
Comprehensive Plan. The subject site is guided by the 2012 Comprehensive Plan for industrial
uses. Outdoor storage is an activity characteristic of and incidental to industrial areas. The
opportunity to utilize the future expansion area of the site for rental outdoor storage allows the
property owner a return on their investment and benefits the City by providing space for
storage of oversized vehicles and recreational equipment that may cause compatibility issues
within residential neighborhoods.
Zoning. The subject site is zoned 1-2, General Industrial District. Outdoor storage as a principal
or accessory use is allowed within the 1-2 District as an interim use in accordance with the
performance standards established by Section 11-86-3.0 of the Zoning Ordinance. An interim
use permit was approved on 14 May 2018 to allow accessory outdoor storage of metal for
fabrication related to the principal use of the property. The proposed expansion of the
outdoor storage area for use as rental space for boats, trailers, recreational vehicles, and semi-
tractor/trailers requires approval of an amendment of the existing interim use permit.
Vehicles. The submitted site plan illustrates 112 rental outdoor storage of spaces for boats,
trailers, recreational vehicles, and semi-tractor/trailers, or similar vehicles. The outdoor
storage is essentially functioning as long-term off-street parking for the owners of the vehicles.
A condition of approval is recommended that all vehicles stored upon the subject site be
required to be licensed and in such condition so as to be legally operated upon public streets.
Setbacks. The proposed outdoor storage spaces are setback 45 feet from the front lot line, 20
feet from the west lot line, and 40 feet from the south lot line. The distances of the proposed
outdoor storage area from the lot lines exceeds with the setback requirements applicable
within the 1-2 District established by Section 11-86-7.0 of the Zoning Ordinance.
Landscaping. The property owner has submitted a landscape plan for the subject site. The
outdoor storage area is to be surrounded on the south and west sides by red pine trees that are
six feet in height. The landscape plan is to be revised to provide spacing between the proposed
evergreen trees at 25 feet on center. Autumn Blaze Maple trees are shown to be installed
along 73rd Street and in the front yard west of the principal building. The proposed landscaping
satisfies the requirements to screen the outdoor storage of the parked vehicles from adjacent
properties and the public rights of way. Installation of the trees now as part of the proposed
rental outdoor storage will allow the plantings to grow and provide more effective screening
when the use changes to outdoor storage related to the fabrication business in the future.
Surface. The outdoor storage area is surfaced with gravel material based on the anticipated
future use for metal related to the fabrication operation of the principal business. As the rental
outdoor storage of the parked vehicles is intended as an interim use until such time as the
business expands, the existing surface will be sufficient. We recommend that a condition of
approval be added that the gravel surface shall be maintained to adequately control dust and
prevent erosion.
K
Access. The subject site is currently accessed from 73rd Street east of the principal building.
With development of Michels Construction to the north of the subject site, 73rd Street was
extended further west the full width of the subject site. The property owner is proposing to
add a second driveway to the subject site west of the principal building, which was anticipated
on the original site plan. The spacing of the proposed driveway complies with the
requirements of Section 11-21-6 of the Zoning Ordinance. We recommend that the portion of
the driveway within the public right-of-way to the gate be surfaced with asphalt material to
prevent gravel from being carried onto the public street. The proposed accesses is to be
subject to review and approval of the City Engineer.
Fence. The outdoor storage area is surrounded by an existing chain link fence. The property
owner is proposing to add a gate at the driveway west of the principal building to allow access
to the rental outdoor storage spaces. The fence is setback 60 feet from the curb on the south
side of 73rd Street. We recommend that the gate be constructed so as to provide for a 70 foot
setback from the back of curb so that a semi-tractor/trailer stopped at the gate to enter the
subject site does not encroach into the roadway.
Grading. The developer has provided an updated grading plan for the subject site to be used
for expanded outdoor storage. The grading plan and all drainage or erosion control issues are
to be subject to review and approval of the City Engineer.
Utilities. The proposed expanded outdoor storage use will not affect utilities serving the
subject site.
Criteria. Consideration of the interim use permit amendment by the Planning Commission is to
be based upon, but not limited to, the criteria established by Section 11-4-2.F of the Zoning
Ordinance:
The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Comment: The subject site is guided for industrial uses. The proposed rental outdoor
storage use is an interim use of the property until such time until planned for in-place
expansion of the existing metal fabrication business occurs. Outdoor storage is a use
characteristic and incidental to industrial areas and consistent with the land uses guided
by the 2012 Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The subject side is surrounded by existing industrial uses similar in character
to the existing and proposed use of the property. The proposed rental outdoor storage
will be compatible with the existing and planned uses in the area.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The proposed use will comply with all requirements of the Zoning
Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The subject site is accessed via 73rd Street from Kadler Avenue. The
existing streets serving the property have adequate capacity to accommodate traffic
generated by the proposed use.
5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Comment: The proposed interim use permit amendment will not effect City services.
RECOMMENDATION
City staff recommends approval of the requested interim use permit amendment to allow
additional accessory outdoor storage subject to the conditions outlined below.
POSSIBLE ACTIONS
A. Motion to recommend approval of an interim use permit amendment for Bury
Industries, subject to the following conditions:
1. The conditions of the Interim Use Permit approved 14 May 2018 remain in full
force and effect except as modified herein.
2. The subject site shall be developed in accordance with the plans and information
on file with the City subject to stipulations of approval as outlined herein in
accordance with Section 11-9-4 of the Zoning Ordinance.
3. All boats, trailers, recreational vehicles, semi -tractors, semi -trailers, or other
vehicles stored upon the subject site shall be licensed and in such condition so as
to be legally operable upon public streets.
4. The landscape plan shall be revised to provide spacing at 25 feet on center
between the proposed evergreen trees on the south and west property lines.
4
5. The gate at the west driveway to the subject site shall provide for a 70 foot
setback from the back of curb of 73,d Street.
6. The west driveway shall be surfaced with asphalt from the back of curb to the
gate and is subject to review and approval of the City Engineer.
7. The surface of the outdoor storage area shall be maintained to adequately
control dust and prevent erosion.
8. All grading, drainage, and erosion control issues shall be subject to review and
approval of the City Engineer.
9. The interim use permit for rental outdoor storage of boats, trailers, recreational
vehicles, semi -tractor trailers or similar licensed vehicles shall terminate upon a
change of occupancy that results in a change of use or those events stablished by
Section 11-5-4 of the Zoning Ordinance, whichever occurs first.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the requirements of the Zoning Ordinance.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
Site Location Map
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Main Office: 4 O
HdlCdnson 3601 Thurston Avenue, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520
—]Anderson www.haa-ino,com Vw
I A
MEMORANDUM
TO: Honorable Mayor and City Council
CC: Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Dan Licht, City Planner
Dave Kendall, City Attorney
Ronald J. Wagner, City Engineer
Tom Bury, Bury Manufacturing, LLC
Erik Hedman, Anderson Engineering
FROM: Brent Larson
DATE: May 12, 2021
RE: Bury Industrial; Outdoor Storage IUP Amendment- Submittal Review
We have reviewed the following information provided by Anderson Engineering of Minnesota, on
behalf of Bury Companies, Inc. regarding the Outdoor Storage IUP Amendment for Bury industrial
subdivision.
Site, Grading and Landscape Plans, dated 4/15/2021 by Anderson Engineering
The submittal is to be considered for preliminary and final acceptance. We would offer the following
comments:
Site and Grading Plan
1. Plans shall be signed by a registered Minnesota engineer.
2. The grading of the proposed storage area is in general agreement with the original approved
graving plans for the Bury Industrial Park.
3. The proposed new driveway and storage lot is to be gravel. Drainage arrows with grades shall
be provided to help with drainage review. Any grades less than I% are discouraged. The site
general has sheep flow/drainage and no concentrated flow discharging from the gravel area
therefore concern for the gravel material leaving the site is minimal.
4. The driveway entrance connecting to 73rd Street shall be paved up to the right-of-way. The
proposed concrete valley gutter does not appear to be necessary and shall be eliminated as all
the water is being directed toward the storage area parking lot. There will be a concentrated
storm water runoff at the south ends of the curb to the parking lot which will like cause sever
erosion. Some method to deliver this storm water to the ditch without erosion will be
necessary (catch basins at the end of the curb and directed into the culvert would be the
preferred method).
May 12, 2021
Page 2
5. The driveway culvert size shall be 15" minimum diameter.
6. The storm pond NWL (965.0), 2-yr(966.12), 10-yr(966.91), and 100-yr(968.0) high water
elevations shall be labeled. The all three storm events will cause standing water the ditch
along 73`d Street for a time.
Landscaping
7. Subject to City Planners review.
Summary and/or Recommendation
We recommend approval contingent upon the above comments being addressed.
Hakanson
■■ Anderson
CITY 0
OtSeF O
MINNESOTA V
APPLICANT: Bury Companies, LLC
18 May 21
FINDINGS & DECISION
IUP AMENDMENT
APPLICATION: Request for approval of an interim use permit amendment to allow rental outdoor storage
CITY COUNCIL MEETING: 24 May 2021
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is Lot 1, Block 1, Bury Industrial Park, City of Otsego, Wright
County, State of Minnesota.
B. The property lies within the West Sewer District and is guided for industrial land uses by the 2012
Otsego Comprehensive Plan, as amended.
C. The property is zoned 1-2, General Industrial District. The developer is proposing accessory outdoor
storage which is allowed as an interim use within the 1-2 District.
D. The Planning Commission and City Council must take into consideration the possible effects of the
request with theirjudgment based upon (but not limited to) the criteria outlined in Section 11-4-2.17 of
the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The subject site is guided for industrial uses. The proposed rental outdoor storage use
is an interim use of the property until such time until planned for in-place expansion of the
existing metal fabrication business occurs. Outdoor storage is a use characteristic and
incidental to industrial areas and consistent with the land uses guided by the 2012
Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The subject side is surrounded by existing industrial uses similar in character to the
existing and proposed use of the property. The proposed rental outdoor storage will be
compatible with the existing and planned uses in the area.
3. The proposed use's conformity with all performance standards contained within the Zoning
Ordinance and other provisions of the City Code.
Finding: The proposed use will comply with all requirements of the Zoning Ordinance.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the property.
Finding:The subject site is accessed via 73rd Street from Kadler Avenue. The existing streets
serving the property have adequate capacity to accommodate traffic generated by the
proposed use.
5. The proposed use can be accommodated by existing public services and facilities and will not
overburden the City's service capacity.
Finding: The proposed interim use permit amendment will not affect City services.
E. The planning report dated 4 May 2021 prepared by the City Planner, The Planning Company LLC, is
incorporated herein.
G. The Engineering Review dated May 12, 2021 prepared by the City Engineer, Hakanson Anderson, Inc.,
is incorporated herein.
F. The Otsego Planning Commission opened a public hearing at their regular meeting on 17 May 2021 to
consider the application, preceded by published and mailed notice; based upon review of the
application and evidence received, the public hearing was closed and the Planning Commission
recommended by a 7-0 vote that the City Council approve the request based on the aforementioned
findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED,
subject to the following conditions:
1. The conditions of the Interim Use Permit approved 14 May 2018 remain in full force and effect
except as modified herein.
2. The subject site shall be developed in accordance with the plans and information on file with the City
subject to stipulations of approval as outlined herein in accordance with Section 11-9-4 of the Zoning
Ordinance.
3. All boats, trailers, recreational vehicles, semi -tractors, semi -trailers, or other vehicles stored upon the
subject site shall be licensed and in such condition so as to be legally operable upon public streets.
4. The landscape plan shall be revised to concentrate additional plantings along Kadler Avenue and 73rd
Street incorporating a mix of evergreen trees, shade trees, and shrubs for varied plant height and
density subject to review and approval of the Zoning Administrator.
5. The gate at the west driveway to the subject site shall provide for a 70 foot setback from the back of
curb of 73" Street.
6. The west driveway shall be surfaced with asphalt from the back of curb to the gate and is subject to
review and approval of the City Engineer.
7. The surface of the outdoor storage area shall be maintained to adequately control dust and prevent
erosion.
8. All grading, drainage, and erosion control issues shall be subject to review and approval of the City
Engineer.
2
The interim use permit for rental outdoor storage of boats, trailers, recreational vehicles, semi -
tractor trailers or similar licensed vehicles shall terminate upon a change of occupancy that results in
a change of use or those events stablished by Section 11-5-4 of the Zoning Ordinance, whichever
occurs first.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 24' day of May, 2021.
CITY OF OTSEGO
By:
Jessica Stockamp, Mayor
Attest:
Audra Etzel, City Clerk
3