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08-06-97 PCrl' NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: FROM: DATE: RE: FILE NO: File Bob Kirmis 31 July 1997 Otsego - Long Haul Trucking - Sign Variance 176.02 - 97.11 This memorandum is written at the request of Andy MacArthur and is intended to document previous discussions with Ms. Dino Buerge who is representing Long Haul Trucking in the pending CUP and variance application. On 8 May 1997 Ms. Buerge met with City staff to discuss the processing of the Long Haul application. At that time, Ms. Buerge indicated that Long Haul wished to request a variance from the City's maximum 100 foot area requirement for business identification signs (need for variance from sign height was not indicated). Specifically, it was indicated that a sign +400 square feet in area was desired. At the meeting, I advised Ms. Buerge that in order to grant a variance, a genuine non -economic hardship unique to the subject property must be demonstrated. Ms. Buerge was further advised that a decision of approval or denial of th% request is made by the City Council. In regard to demonstration of hardship, I advised Ms. Buerge that she must demonstrate to the City that the Long Haul site is unique and that it holds characteristics which would warrant variance from the maximum 100 square foot sign area requirement. Ms. Buerge questioned whether the subject site's proximity from 1-94 (via separation via rail corridor, lower elevation etc.) could constitute a hardship. I indicated that such conditions may, but it would would be the responsibility of Long Haul Trucking to demonstrate such hardship to the City. I also noted that a sign four times larger than the City's maximum requirement may be viewed as excessive. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637 AUG -06-1997 14:40 NAC 612 595 9837 P.01i01 NNORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESION - MARKET RESEARCH MEMORANDUM TO: File FROM: Bob Kirmis DATE: 6 August 1997 RE: Otsego - Long Haul Trucking FILE NO: 176.02 - 97.11 This memorandum is intended to document a call received on 5 August from Wayne Fingalson of the Wright County Highway Department. Mr. Fingalson called to respond to the pending Long Haul Trucking (truck wash and truck service) proposal. While Mr. Fingalson indicated it would be desirable to have eight foot wide shoulders constructed alongside County Road 37, it was his opinion that such improvement could not be justified as a condition of the Long Haul Trucking CUP. Mr. Fingalson had no further comments regarding County road impacts of the proposed use. PC: Elaine Beatty (via fax transmission) David Licht 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 554 f 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637 TOTAL P.01 r „ JUL. 30.1997 12:19PM Hakanson Anderson Assoc.,Inc. July 30, 1997 Elaine Beatty, Clerk City of Otsego 8899 Nashua Boulevard NE Otsego, MN 55330 Re: Long Hall Truck CUP Dear Elaine: NO. 622 F. 4/t) 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427.3461-- 0620 Hakanson Anderson Associates, Inc. has reviewed the CUP application dated July 7, 1997 for the above referenced CUP. A potential engineering issue with regard to the CUP is the increased traffic generated on City streets due to the proposed change in use, The proposed change in use to a commercial truck washing station is anticipated to draw traffic from 1-94 to the facility. We offer the following comments relative to this issue, Janson Avenue, the local roadway serving the facility, was constructed to accommodate truck traffic associated with commercial/industrial usage. The additional traffic should not cause undo wear on the roadway beyond that considered in the design. The remainder of the roadways accessing the site are anticipated to be County ropdways. The County should comment on the potential impacts to these roadways, Another issue is the raised display area near 1-94. The developer should submit a grading plan for review. Two key issues are that : 1. The raised area does not significantly affect site drainage. 2. The proposed side slopes are not exceeding steep, which may pose an erosion problem. Engineers Landscape Architects surveyors .JUL.30.1997 12:20PM Elaine Beatty, Clerk Page 2 July 30, 1997 If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. k/m 60��' e -")b Kevin P. Kielb, PE kas CC! Lawrence G. Kophak, PE Bob Kirmis, NAC Andy MacArthur, Attorney ot2600.eh1 N0.622 P.5/5 _1 Hakanson 17,11 Anderson Assoc., Inc. JUL-30-1997 10:43 NAC 612 595 9837 P.02 N W.64% rM111*1 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Otsego Mayor and City Council FROM: 'Bob'Kirmis'/ David Licht DATE: 30 July 1997. RE: Otsego - Long Haul Trucking Zoning Ordinance Amendment/ CUP / Variance FILE NO: 176.02-97.11 EXECUTIVE SUMMARY Background Mr. John Daniels on behalf of Long Haul Trucking has expressed a desire to expand his trucking business located south of Interstate 94 and west of Kadler Avenue to include the following accessory services: A. Commercial truck washing. B. Commercial truck service. C. Outdoor truck/trailer rental (leasing). While the aforementioned commercial truck wash and truck service activities have been advertised by Long Haul Trucking, no formal approvals for such uses have, to date been granted by the City. Technically, such activities (if provided) represent illegal non- conforming uses. To legally accommodate such activities, an amendment to applicable 1-2, General Industrial District provisions is necessary. Specifically, an amendment is needed which would establish truck washing and truck service activities as conditional uses in the district. 1-2 District provisions currently list "open or outdoor service, sale, and rental as a principal or accessory use" as a conditional use. Thus, a mechanism presently exists to process the proposed truck/trailer rental activities. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 664 16 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9$37 JUL-30-1997 10:44 NAC 612 595 9837 P.03 Should the City find truck washing and truck service to be acceptable uses (principal or accessory) in the district and approve the necessary amendment, it may then consider a specific conditional use permit request applicable to the Long Haul Trucking site. In conjunction with the text amendment and conditional use permit requests, the applicant has also requested a variance from the City's maximum 100 square foot area and 35 foot height requirements for business identification signs. Specifically, the applicant is proposing the erection of a business sign measuring 468 feet in area and 50 feet in height. Attached for reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Recommendation Draft Zoning Ordinance Amendment Site Location Detailed Site Location Previously Approved Site Plan Proposed Site Plan Trailer Display Details Sign Plan Text Amendment/Conditional Use Permit Requests It is the opinion of our office that a decision regarding the acceptability of truck service washing and service in the 1-2 Zoning District (as principal or accessory use) is a matter of City policy to be determined by City officials. Should the City determine such uses to be acceptable, our office would recommend approval of the requested conditional use permit to allow: 1) commercial truck washing; 2) commercial truck service; and 3) accessory outdoor sale and rental subject to the following conditions: 1. The City formally approve a text amendment establishing truck washing and truck service (accessory) as conditional uses in the 1-2 Zoning District. 2. In consideration of review and comment by the City Engineer, the City of Albertville and the Wright Coanty Highway Department, a determination is made by the City that traffic generated by the proposed uses is within the capabilities of streets serving the property. 2 JUL-30-1997 10:45 NAC 612 595 9837 P.04 3. The submitted site plan is revised (to scale) to depict the following: a. Specific truck stacking areas for both the truck wash and truck service facilities. b. Truck circulation routes. C. The proposed truck trailer display area. 4. A minimum of two stacking spaces for each truck wash bay be provided. 5. The commercial truck wash and service operate only between the hours of 7:00 AM and 11:00 PM. 6. The City Engineer provide comment and recommendation in regard to water supply and disposal issues associated with the commercial truck wash facility. 7. All refuse is stored in containers which are screened and enclosed by a fence or similar structure. 8. All potentially hazardous wastes are disposed of in a manner approved by the Minnesota State Fire Marshal and Minnesota Pollution Control Agency. "4 9. Any bulk storage of gasoline, chemical or flammable. liquids comply with the Minnesota State Fire Marshal's office and documentation of compliance is provided to the City. 10. The sale of products or service other than truck washing, service and trailer leasing (i.e., retail convenience good items) is prohibited. 11. The City reserves the right to require additional off-street parking if determined necessary to accommodate use demands_ 12. The applicant provide documentation of Long Haul.Trucking's employee count. 13. The applicant identify methods of handling (or detouring) excessive on-site truck wash and truck se?Vice traffic (in excess of 12 truck washes per day as estimated by the applicant). 14. No advertising or business signs are placed on or attached to the "Benson" trailer to be displayed. 3 JUL-30-1997 10:45 NAC 612 595 9837 P.05 15. Specific noise mitigation measures are identified by the applicant. Noises emanating from the subject site shall comply with applicable Minnesota Pollution Control Agency standard (NPC 7010 as may be amended). 16. Outdoor equipment rental activities not exceed 7,750 square feet in area (50 percent of the gross floor area of the site's principal building). 17. The City Engineer provide comment and recommendation in regard to site drainage issues, particularly in regard to the impact of the elevated trailer display area. 18. The outdoor sales (rental) area is hard surfaced to control dust. 19. No more than one freestanding business sign is erected upon the subject site in accordance with City signage requirements, unless a variance is requested and approved by the City. 20. Comments of other City staff. Sign Variance Request It is the opinion of our office that the applicant has not demonstrated unique, non -economic hardship to warrant approval of the requested sign area and height variance: While the subject site's separation from Interstate 94 is increased due to an adjacent rail corridor, such situation is not considered justification for variance approval. The separation of the site from a visible transportation corridor by privately owned property constitutes a pre- existing condition known to the property owner at the time of property development. This does not, in our opinion, constitute "undue hardship" which is unique to the subject property. Approval of the requested variance would further establish an extremely undesirable precedent for future similar requests. As a result, we recommend denial of the requested sign area and height variance. ISSUES ANALYSIS Zoning Ordinance Amendment Existing Regulation. While applicable 1-2 Zoning District provisions list "truck terminals" as a permitted use, it is the opinion of our office that commercial truck wash and service activities (available to the public) extend beyond the intended function of such use. The current exclusion of such uses from the district relates to the district's purpose, which is to provide areas suitable for the location of "industrial" activities. Generally speaking, the JUL-30-1997 10:46 NAC 612 595 9837 P.06 offering of commercial truck service and washing (open to the general public) is a commercial, rather than industrial, type of use and may arguably conflict with the intent of the 1-2 District This is not to say, however, that such use could not compatibly exist in an industrial setting provided proper conditions are imposed. The 1-2 District currently lists 'open or outdoor sale and rental as a principal or accessory use' as a conditional use in the district. Thus, a mechanism presently exists to accommodate the proposed truck trailer leasing activities. To accommodate the wash and service activities, it is first necessary to provide a mechanism or means by which it may be allowed to exist. Thus, the processing 'of an Ordinance amendment to establish truck washing and truck service as conditional uses in the 1-2 District is necessary. A decision regarding the appropriateness of truck washing and service in the 1-2 District is considered a policy matter to be determined by City officials. Draft Amendment. Should the City determine that commercial truck washing and service within the 1-2 District may represent an acceptable use, a second step would be to establish specific conditions under which allowance would be acceptable. Attached as Exhibit A is a draft Zoning Ordinance amendment which would make commercial truck washes and commercial truck service conditional uses in the district (as principal or accessory uses)_ The various conditions listed for each use are intended to mitigate possible adverse impacts associated with such activities. Obviously, approval of the aforementioned amendment is necessary to consider the conditional use permit request applicable to the Long Haul Trucking site. Conversely, denial of the text amendment would have the effect of denying the applicant's request to establish commercial truck service and washing upon the City. Conditional Use Permit CUP Evaluation Criteria. As noted previously, the applicant has requested approval of a conditional use permit to allow truck washing, truck service, and truck/trailer rental as an accessory use. According to Section 20-4-2.F of the Ordinance, the Planning Commission and City Council must consider the possible adverse effects of the proposed conditional use. Their judgement must be based upon but not be limited to the following factors: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 5 JUL-30-1997 10:47 NAC 612 595 9837 P.07 3. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area In which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. 6. Traffic generation by the proposed use in relation to capabilities of streets serving the property. 7. The proposed use's Impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Land Use Compatibility. To determine the compatibility of the proposed use, it is considered beneficial to examine neighboring land uses. The following is a listing of specific land uses and zoning designations which surround the subject site. Direction Land Use Zoning Guided Land Use** North 1-94/Agriculture A-1 Agriculture South Undeveloped 1-2 Industrial East Agriculture/ Farmstead* A-1 Industrial West Undeveloped 1-2 Industrial * Within City of Albertville Per Otsego and Albertville Comprehensive Plans While the area in question is currently void of sensitive uses (i.e., residential development), it should be noted that the City of Albertville, in its adopted land use plan, suggests medium density residential development to the southeast of the site (see Exhibit C). In recognition of this sit ation, it is considered appropriate to solicit comments from the City of Albertville in regard to the acceptability of the proposed use. As part of the City's consideration of the applicant's request, a finding should be made that the proposed use is consistent with both present and future land uses in the area. A JUL-30-1997 10:47 NAC 612 595 9837 P.08 Recognizing that the 1-2 Zoning District currently makes provision for uses which are arguably more intense than the proposed uses (i.e., major auto repair, manufacturing, eta), it is believed the proposed use can compatibly exist in the area (provided that proper projections are in place). Performance Standards. As a condition of CUP approval, all applicable performance standards related to the proposed site uses must be satisfactorily met. Property Values. As part of the conditional use permit evaluation, findings should be made that the proposed use will not negatively impact area property values. While no detailed study has been conducted, the proposed use is not anticipated to negatively impact area property values. Traffic Generation. Of primary issue with the proposed use is the increased traffic generation which will result from the offerings of commercial truck wash and service uses. Such increased traffic will infiltrate not only roadways within the City of Otsego, but within the City of Albertville as well. Specific traffic related issues should be subject to speck comment and recommendation by Engineers for the Cities of Otsego and Albertville and the Wright County Highway Department. Truck Wash Trak Impacts. A major issue with the proposed truck wash is the facility's impact upon the surrounding roadway system and its ability to accommodate increased traffic volumes. To be specifically noted is that access to the subject site from 1-94 must be achieved through the City of Albertville. As a condition of CUP approval, a finding should be made that increased volumes resulting from the proposed use can be accommodated. This issue should be subject to further comment by the City Engineer, City of Albertville, and Wright County Highway Department. According to information provided by the applicant, the Long Haul Trucking facility presently has one interior truck washing bay and one exterior bay which is used in Summer months (see Exhibit C). These washing bays were approved as part of the initial site plan review with an "understanding" that they would serve only Long Haul trucks. It is now the intent of the applicant to offer truck washing service to the general public. A maximum truck washing capacity of 12 trucks per day has been estimated by the applicant. While this estimate is well taken, an examination of similar facilities is considered appropriate to gain an understanding of possible truck wash volumes. In this regard, the following contacts were made. 7 T1:1- JUL-30-1997 1: JUL-30-1997 10:48 NAC 612 595 9837 P-09 Facility Location Estimated Truck Washes Per Day Metro Truck Wash Lakeville, Minnesota 20-30 Flying J Travel Plaza Fargo, North Dakota 10-30 Truckers Inn Moorhead, Minnesota 12 R & L Truck Wash South St. Paul, Minnesota 20-30 NOTE: "Rogers Car and Truck Wash" is no longer in business As shown above, an average of 20 trucks per day are washed by the preceding facilities. In this regard, some concern exists that truck washing volumes of the proposed use may exceed 12 per day as estimated by the applicant. As a condition of CUP approval, the applicant should identify methods of handling (or detouring) excessive on-site truck wash and truck service traffic (beyond 12 washes per day as estimated by the applicant). Off -Street Parking. In initial review of the facility's site plan (conducted in May of 1995), it was determined that a minimum off-street parking supply of 18 spaces must be provided for the Long Haul "truck terminus) (one per employee on maximum shift). According to the applicant, this employee count has not changed since 1995. With an off-street parking supply of 38 spaces, it is believed ample area on site does exist to provide truck stacking space. To provide an assurance of ample parking, however, documentation of employee counts should be provided to the City. Stacking Space. Also of significant issue is the impact that the proposed truck wash (and truck service) activities will have upon site circulation. Of particular concern is whether proper "stacking" or "holding" space exists for trucks awaiting entry into the wash bays. While the submitted site plan does identify the two designated wash bays, specific "stacking" areas have not been identified. Based on contacts made with the Metro Truck Wash in Lakeville and the Flying J Travel Plaza and recommendations of their truck wash facility operators, it is recommended that a minimum of two stacking spaces per truck wash bay should be provided. The ability to accommodate truck stacking and maneuvering in a maximum use scenario is considered a paramount issue which must be addressed. As a condition of CUP approval, the submitted site plan should be modified to identify speck truck stacking areas (2 spaces per wash bay) and circulation routes. 0 JUL-30-1997 10:49 NAC 612 595 9837 P.10 Hours of Operation. According to the Ordinance, hours of operation for truck washes are to be limited to minimize the effect of nuisance factors such as traffic noise and glare upon neighboring residential uses. As noted previously, the City of Albertville's land use plan suggests medium density residential development south of County Road 37 and east of Kadler Avenue (southeast of the Otsego Industrial Park). Recognizing this condition (as well as a proposed complementary off-street parking arrangement), the establishment of hours of use operation is considered appropriate. In this regard, it Is suggested that the operation of the commercial truck wash be limited to between the hours of 7:00 AM and 11:00 PM. Drainage/Water Use. Undoubtedly, the proposed truck wash will result in greater on-site water use. Issues related to water supply and disposal should be subject to comment by the City Engineer. Refuse. The addition of a commercial truck wash component to the subject site may impact the quantity of refuse produced on the property. According to the ordinance, all refuse must be stored in containers. Such containers must be screened and enclosed by a fence or similar structure. Track Service Use Description. Long Haul Trucking currently owns 100 tracks which are serviced upon the subject site within three service bays (see Exhibit E). The applicant would like to service other (non -company) trucks as time and space allow_ According to the applicant, truck service would be by appointment only to eliminate site congestion concerns. Traffic Impacts. As in the case of the proposed truck wash, the addition of truck service upon the subject property will escalate site (and area) traffic volumes. Traffic related issues should be subject to comment by the Otsego City Engineer, Albertville City Engineer and Wright County Highway Department. Site Circulation. According to the submitted site plan, a total of 30 "truck" parking stalls exist upon the subject site. Obviously this is significantly less than the 100 trucks presently owned by Long Haul. As a condition of CUP approval, the applicant should demonstrate that ample Yuck storage/parking area exists upon the subject site and that truck storage will not negatively impact site circulation. While it is recognized that truck service is to be "by appointment only", concern exists over the possibility of trucks converging on the site without appointment (unaware of appointment requirement). As a result, related site circulation issues are considered relevant. 9 JUL-30-1997 10:49 NAC 612 595 9837 P.11 r`- Although the submitted site plan does graphically identify truck service stalls, it does not indicate any specific service area "waiting" or "pick up" truck parking areas. To demonstrate that the site in question can accommodate the proposed use intensity, it is recommended that truck service parking and circulation patterns be identified upon the site plan. Environmental) Issues. Associated with the proposed truck service use is the increased introduction of oils and grit to the site. Such waste materials raise concerns in regard to storage, storm drainage, and removal. As a condition of CUP approval, all potentially hazardous wastes must be disposed of in a manner approved b the Minnesota State Fire Marshal and Minnesota Pollution Control Agency. Liquid Storage. Per Section 20-16-19 of the Zoning Ordinance, storage of gasoline, chemical or flammable liquids must comply with the requirements of the Minnesota State Fire Marshal's office and have documents from such office stating the use is in compliance. Sale of Other Products. The requested conditional use permit does not confer on the applicant the ability to sell any product or service other than truck servicing (i.e., retail convenience store type items). The 1-2 District provisions do, however, make an allowance for accessory enclosed retail uses by conditional use permit. Off -Street Parking. The applicant has indicated that the truck service (and wash) will complement the off-street parking demand requirements of Long Haul Trucking, as the Long Haul trucks vacate the premises during daytime hours. This staggered off-street parking arrangement is considered generally acceptable. The City shall, however, as a condition of CUP approval, impose maximum hours of commercial service operation and reserve the right to require additional off-street parking if determined necessary to accommodate use demands. Building Modifications. According to the applicant, no building modifications are to result from the proposed truck wash, truck service and truck/trailer leasing activities. To accommodate the proposed leasing activities, however, an outdoor trailer display area is proposed to be constructed. This item will be addressed in the following section of this report. Noise. According to the Ordinance, provisions must be made to reduce noise. In this regard, noises emanating from the proposed use must be in compliance with the State of Minnesota Pollution Control standards, Minnesota Regulations NPC 7010, as may be amended. As a condition of CUP approval, specific noise mitigation measures should be identified by the applicant. 10 JUL-30-1997 10:50 NAC 612 595 9837 P.12 Hours of Operation. As in the case of the truck wash, a limitation of use operation is considered necessary to address potential compatibility concerns upon future neighboring residential uses. Thus, it is recommended that the commercial truck service facility operate only between the hours of 7:00 AM and 11:00 PM. Truck Trailer Leasing Use Description. The applicants have expressed a desire to become a dealer of "Benson" Tractor Trailers. To become an authorized dealer, Long Haul must display one trailer on the subject property. It is the applicant's intent to display such single trailer northwest of the site's principal building (along 1-94) in a manner similar to that illustrated upon Exhibit F. The trailer is proposed to be illuminated via a floodlight and advertised via a 3 foot by 5 foot sign. Regulation. Section 20-68-6A of the Zoning Ordinance lists open or outdoor service, sale and rental as a principal or accessory use" as a conditional use in the 1-2 Zoning District. As conditions of use allowance, the ordinance stipulates that the following conditions must be upheld: 1. Outside service, sales and equipment rental connected with the principal use is limited to fifty (50) percent of the gross floor area of the principal use (building). 2. Outside sales areas are fenced and screened from view of neighboring residential uses or an abutting Residential District in compliance with Section 16 of the Ordinance. 3. 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 16 of the Ordinance. 4. The use does not take up parking space as required for conformity with the Ordinance. 5. Sales area is hard surfaced to control dust. 6. The provisions of. Section 4.2.17 of the Ordinance (CUP evaluation criteria) are considered and d4termined to be satisfied. Rental Area. As indicated above, the Ordinance states that outside equipment rental must not exceed 50 percent of the floor area of the principal use (building). The Long Haul Truck terminal comprises 15,500 square feet of floor area. Thus, the area of the site devoted to equipment rental may not exceed 7,750 square feet. While it is anticipated that 11 r` JUL-30-1997 10:51 NAC 612 595 9837 P.13 this requirement will be satisfied, it is recommended that the single trailer display area (identified upon Exhibit F) be drawn to scale and identified upon the site plan. Such graphic depiction is intended to demonstrate compliance with applicable area and setback requirements of the Ordinance and identify any potential impacts upon the site's off-street parking supply. According to the submitted site plan, the trailer display area does not overlay or will displace any off-street parking spaces. Grading and Drainage. As shown on Exhibit F, it is proposed that the single "Benson" trailer is to be displayed upon an elevated display area. The construction of such display area will serve to alter site drainage and represents a change from the previously approved grading and drainage plan. In this regard, the submission of a revised grading and drainage plan may be necessary. All drainage related issues should be subject to specific comment and recommendation by the City Engineer. Surfacing. As previously indicated, the Ordinance states that outdoor sales (rental) areas must be hard surfaced to control dust. Such requirement shall be imposed as a condition of CUP approval. Signage. The applicant has expressed a desire to erect a freestanding 3 foot by 5 foot sign near the proposed trailer display area. This sign would identify Long Haul Trucking as an "authorized dealer of Benson trailers". According to Section 20-37-5.C.4 of the Zoning Ordinance, a maximum of one_ freestanding business identification sign is allowed within industrial zoning districts. Thus, the freestanding business sign for "Long Haul Trucking" (being considered for area and height variance) and the freestanding "Benson trailer dealer" sign cannot legally coexist upon the subject property. As a possible solution to this situation, the Benson trailer dealer reference could be incorporated upon the single Long Haul freestanding sign. In no case may more than one freestanding business sign exist upon the subject property. Also to be noted is that Section 20-37-3.B.8 of the Zoning Ordinance specifically prohibits the attachment of advertising or business signs upon equipment such as semi -truck trailers. Sign Variance Existing Regulation. As mentioned previously, the applicant has proposed the erection of a 468 square foot freestanding business identification sign measuring 50 feet in height. According to Section 20-37-5.C.4 of the Ordinance, freestanding business signs within industrial zoning districts may not exceed 100 square feet in area or 35 feet in height. In the past two years, the City considered amending its business sign requirements (partially due to claimed inadequacies cited by Long Haul Trucking). As part of its consideration, 12 JUL-30-1997 10:52 NAC 612 595 9837 P.14 an examination of neighboring communities was conducted. As a result of this evaluation, the City chose to retain the existing 100 square foot maximum area requirement but Increased the allowable height of such signs for properties which abut Interstate 94 (increased from 20 to 35 feet in height). Variance Evaluation Criteria. Section 20-5-2.13 of the Zoning Ordinance establishes evaluation criteria for variance. In considering all requests for a variance and in taking subsequent action, the Ordinance states that the Planning Commission and City Council must make a finding of fact that the proposed action will not: Impair an adequate supply of light and air to adjacent property. 2. Unreasonably increase the congestion in the public street. 3. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standard which are lower than those required by State law. 4. Increase the danger of fire or endanger the public safety. 5. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. 6. Violate the intent and purpose of the Comprehensive Plan. Additionally, the Ordinance states that a variance shall not be granted unless it can be demonstrated that: Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. a. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. b. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. 13 J Ul..—.JCI-177 f LKu • .lc. . �ri�.. C. Special conditions and circumstances causing undue hardship shall not be a result of lot or building size, or building location when the lot qualifies as a buildable parcel. 2. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter or deny the applicant the ability to put the property in question to any reasonable use. 3. The special *conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district under the same conditions. 5. The request is not a result of non -conforming lands, structures or buildings in the same district. 6. The request is not a use variance. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. Hardship. It is the applicant's contention that the City's maximum 100 foot sign area and 35 foot height requirements will not allow Long Haul Trucking to be adequately identified by Interstate 94 passersby. It has been specifically contended that a hardship exists in that the Long Haul site is technically separated from Interstate 94 by the Burlington Northern railway (100 foot wide right -of -way) - It is the opinion of our office that this physical separation from the Interstate does not constitute a non -economic hardship. Obviously, business sign exposure to the Interstate corridor is desirable. Such exposure resultantly influences the value of commercial/industrial land. Approval of the requested variance for the reason stated by the applicant would set an undesirable precedent and could arguably be interpreted to mean that a business owner 10 feet from the highway corridor and a property owner 1,000 feet from the corridor should be allowed signs which are equally visible to interstate passersby (if land separation were considered a hardship). Because unique, non -economic hardship has not been demonstrated, our office recommends denial of the requested sign area and height variance. 14 JUL-�b-lyy'! 11 10 � �►+�- Reader Board. One of the three components of the proposed business sign is an ( electronic `reader board" (see Exhibit G). The applicant has indicated that such reader board would advertise the on-site truck washing service. Section 20-37-3.3 of the City's Sign Regulations specifically prohibits the erection of such sign type, excepting those which depict a constant time and temperature message. Regardless of the City's action on the requested variance, the use of the electronic reader board is not to be allowed unless an ordinance amendment is formally requested and approved by the City. CONCLUSION it is the opinion of our office that a decision regarding the acceptability of commercial truck wash and truck service uses within the City's 1-2 Zoning District is a policy matter which should be determined by City officials_ Should the City find such uses to be acceptable, our office would recommend approval of the requested conditional use permit subject to the conditions listed in the Executive Summary of this report. In regard to the requested sign area and height variance, it is our opinion that the applicant has not demonstrated unique, non -economic hardship to justify its approval. PC: Elaine Beatty Andy MacArthur Kevin Kielb City of Albertville Wayne FingalsonNirgil Hawkins John Daniels 15 I JUL--)U-1-17r i+ +v ivies. DRAFT - DRAFT - DRAFT CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 97 - AN ORDINANCE AMENDING SECTION 68 OF THE OTSEGO ZONING ORDINANCE ESTABLISHING ACCESSORY TRUCK SERVICE, WASHING AND LIMITED LEASING AS CONDITIONAL USES IN THE 1-2 ZONING DISTRICT. THE CITY OF OTSEGO ORDAINS: Section 1. Section 20-68-6 of the Otsego zoning Ordinance (1-2 District conditional uses) is hereby amended to add the following: H. Commercial truck washing as a principal or accessory use provided: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. . 2. Magazine or stacking space is constructed to accommodate an appropriate number of trucks and shall be subject to approval by the City Council. 3. Magazine or stacking space not interfere with on-site circulation patterns or required on-site parking or loading areas. 4. At the boundaries of a residential district, a buffer strip of not less than five (5) feet in width shall be landscaped and screened in compliance with Section 20-16-7 of this Chapter. 5. Each light standard island and all islands in the parking lot are lanctscaped or covered. 6. Parking or truck magazine storage space shall be screened from view of abutting residential districts in compliance with Section 20-16-7 of this Chapter. EXHIBIT A - DRAFT ORDINANCE AMENDMENT J UL.-J1[l-177 ( i l • 11 � �r'" .1 7. The entire area other than occupied by the building or plantings shall be surfaced with bituminous material or concrete which will control dust and drainage which is subject to the approval of the City Engineer. 8. The entire area shall have a drainage system which is subject to the approval of the City. 9. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 20-16-10 of this Chapter. 10. Vehicular access points shall be limited, shall create a minimum 0f conflict with through traffic movement and shall be subject to the approval of the City Engineer. 11. All signing and informational or visual communication devices shall be in compliance with Section 37 of this Chapter. 12. All refuse shall be stored in containers. Said containers are to be screened and enclosed by a fence or similar structure. 13. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic noise and gli ire upon any existing neighboring residential uses. 14. The provisions of Section 20-4-2.17 of this Chapter are considered and satisfactorily met. Commercial truck service as a principal or accessory use provided: 1. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. PJ J {JL -JV -i 7 3. The entire site other than that taken up by a building, structure or plantings shall be surfaced with blacktop or concrete to control dust and drainage which is subject to the approval of the City Engineer. 4. A drainage system subject to the approval of the City Engineer shall be installed. 5. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 16 of this Chapter. 6.^ Wherever fuel -pumps are to be installed, pump islands -shall be installed. 7. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 16 of this Chapter. 8. Each light standard island and all islands in the parking lot landscaped or covered. 9. Parking or truck magazine storage space shall be screened from view of abutting residential districts in compliance with Section 16 of this Chapter. 10. Vehicular access points -shall create a minimum of conflict with through traffic movement, shall comply with Section 22 of this Chapter and shall be subject to the approval of the City Engineer. 11. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the provisions of Section 37 of this Chapter. 12. Provisions are made to control and reduce noise in accordance with Section 16 of this Chapter. 13. No -outside storage, sales, service or rental shall be permitted, unless otherwise approved in accordance with applicable provisions of this Chapter. 14. Sale of products other than those specifically mentioned in this subdivision be subject to a conditional use permit. 3 R' r . 15. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 16. The provisions of Section 4.2.17 of this Chapter are considered and determined to be satisfied. Section 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of 1997• CITY OF OTSEGO Larry Fournier, Mayor ATTEST: By-, Elaine Beatty, City Clerk/Zoning Administrator 4 EXHIBIT B - SITS LOCATIC JLL-30-1997 11:13 NHU e i 1 r OTSE! M.L. lOUI -.TREK ALBS Y ' IJ4.4 JM a� t 2n`gN vo t J A -44 py.o I>•n.. 1>•+'� Ifu.» law.a - �` I Q(' .—hrl� ( \ 1.1 '_.-J - z E-- CITY OF ST. MICHAEL a EXHIBIT C - DETAILED SITE LOCATIOZ �uu—�e—lyyr 11'14 NAC 612 595 9837 P.08 -INC, _ r Via.41 � �• _ • __. _ . -41 try 0*40 to .LcM 6.04 A:- 0 _ �i�� �� INLva -�� LOT 2 i t ; _ I W I ..� r 2 J VLAO Attu - u0( n4 •G[ rot3 t 4 tet' n, j -- - ----- Wv $014C _ 1 a• __---�- , LOT 1 n►tL.A— a uJ AL 1� I EXHIBIT D - PREVIOUSLY APPROVED SITE PLAN JLL-30-1997 11:14 NAC � 1 1 i ItJ 1 rl ! I f4a � •• � �! �� • . ./ , r • tr 612 595 9837 P.09 \`\ �`\�` 41 LOT 3 AREA- 8.08 AC N. R 111Va900A __.•_--1 r-- ` I ' r 1 I r r 1 r ' r I e rid ,[/Ili 1_ X94 LF 24' RCP D &U FA WETLANC r^POND ASC _ _Tt ` 1 fib• 7 � 1 I 1 � ij•up/„p 1 i 1 EASEMENT LoT 1 9E J AREA= 8,93 AC P0551B1l FUTURE�— ENTRANCE LDCATION (TYP.) - - FINAL, LOCATION TO 9E DCTtRMINCO AT TIMC Of LOT DEVELOPMEW EXHIBIT E -PROPOSED ME PLP -------------- 9� .cam.------ FUTURE LQJ LINES JUL-30-1997 11:15 ICAC 612 595 9837 P.10 t s 1. I 11 EXHIBIT F - TRAILER DIE PLAY DETAILS b - d JL. -30-1997 11:16 . mss•• n 612 595 9837 P.11 • i NN T -s.tiwag4a II t z8Z6S2920S = 8 T n ►-� t 4s e► f 'i i' NN T -s.tiwag4a II t z8Z6S2920S = 8 T n ►-� t 4s e► f ;tAj a JLL 30-1997 11:16 NAC •�-t` �w ,• .....�. •. ... •...w..... _. 612 - ... _ ........... 595 9837 P.12 ••v. •r••M•••..•••a••.«•• vh••. •• . ••r•w• w •••_. • • r �• ♦•••wh •.• 1Y ;w.wy,,,w. •. .'«,.._�♦--• • .. ••.• _.� ,� cy— e _•..T w .,r ..r• M •w .». w. .-�,y` •� ..-•• � ... _ ,fir • • •. -•• ... •... _. N _ ... .� w.• �.,. M w. ._. ... •.• • . .. •.• • . .._-.._ •w.••••N .. •. . -�• r»r _ .. • •I. • • • r..-.•.r ♦... ... • • •••rr-_r•.. .•��,�,• • •Y r«rr. _...r •.. - .• • S •• ,.• a «. _. • _a w, ., r• W ••y__„• .• r • •.._. r.. •..a+ r r _ •• � • .• • .•a .w .•. »..••• M.�i.♦ •• •... wY aw r•r. �H_� Z6+r-Z�-•� b JUL-30-1997 1117 ;t NAC 612 595 9837 P.13 EXHIBIT G - SIGN PLAN Tr TPL P-13 7t� LONG HAUL TRUCKING 5'6'x18' D/F PYLON SIGN (33'6" OAH) . C. NORTHWEST ASSOCIATED CONSULTANTS 77- INC %000* COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO.- FROM: O: FROM: DATE: RE: FILE NO.: Otsego Mayor and City Council Otsego Planning Commission Daniel Licht / Robert Kirmis / David Licht 29 July 1997 1 - Otsego - Mississippi Riverwood - Conditional Use Permit Amendment 176.02 - 97.12 EXECUTIVE SUMMARY Background Mississippi Riverwood Associates, Inc., a private recreational trailer campground located adjacent to Ahe Mississippi River at 8660 Highway 101, is requesting an amendment to the existing Conditional Use Permit (CUP) that regulates the use of the property. The existing CUP was granted in 1982 by Wright County. The purpose of the amendment is to specify the uses, activities, and operation allowed at the site under the CUP. The subject site is zoned A-1, Agricultural -Rural Service District and is also within the Wild and Scenic Overlay District (Sub -District C). A portion of the subject site is also within the Floodplain Overlay District as it has been designated by the Federal Emergency Management Agency (FEMA) as being within the 100 -year floodplain. 4 Attached for Reference: Exhibit A: Site Location Exhibit B: Site Plan (1989) Exhibit C: 1982 Wright County Conditional Use Permit Exhibit C: 6 July 1987 Letter by Tom Salkowski Exhibit D: 17 July 1997 MNDoT letter Exhibit E: Floodplain Survey 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC@WINTERNET.COM Recommendation Based upon a review of the requested CUP amendment with regards to the Comprehensive Plan and City policies, our office finds that the applicant's request is consistent with the Comprehensive Plan and represents no potential adverse impact to the community. If the Planning Commission and City Council concur with these findings, we recommend approval of an amended CUP to allow a commercial recreational use within the A-1, Agriculture -Rural Service Area District and Wild and Scenic Overlay District subject to the following conditions: 1. The applicant submit a site survey indicating the location of all existing structures and/or buildings. 2. Expansion of the site, through the provision of additional campsites, building additions, or construction of new structures shall require approval of a CUP amendment. 3. Any expansion of the site shall require conformance to all applicable performance provisions of the A-1 District, Wild and Scenic Overlay District, and Floodplain Overlay District. 4. The City Council impose one of the following options as a condition of CUP amendment approval: OPTION A. All travel vehicles/trailers and related equipment shall be removed from the site no later than 1 November of each year. Occupancy of the property shall not resume until the water level drops below 855' elevation in the Spring of each year. or OPTION B. The following Off -Season Storage Plan shall be implemented and completed no later than 1 November of each year. A. Occupancy)of the campsites within the floodplain shall not occur prior to the water level dropping below 855' elevation in the Spring of each year. B. Camper units located on property below the 857 foot elevation will be removed from their lots and stored on higher ground within the park or taken to other storage areas outside the park. C. Units that are located on land with elevations between 857 to 858 feet will disconnect all utilities and all blocking will be removed and units will be prepared for removal from their locations if necessary. Steel cables shall be 9 attached to unit frames and secured to a tree over 6 inches in diameter, or a heavy duty ground anchor will be used. Cables shall have a simple way to be removed. D. Units on land above the 858 foot elevation will be disconnected from all utilities. They may remain on blocks, but be prepared for removal in all other ways. E. The applicant will submit a detailed site plan indicating the elevation of each campsite, indicate the campsites to which "A","B", and "C" above apply to and indicate the location of on-site storage areas, subject to review and approval of the City Council. F. Any instance of a violation of the Off -Season Storage Plan shall result in immediate revocation of the Conditional Use Permit. 5. The applicant submit an emergency evacuation plan for the entire property that includes the following elements: A. Identification of a Flood Emergency Official responsible for monitoring water levels and initiating the emergency evacuation plan in the event of a flood. A record of the name, address and phone number of this individual will be maintained at City Hall. B. The identification of a business or individual responsible for evacuating the camper units in the event of a flood. C. The identification of a site where the camper units will be removed to, on site as well as off site, in the event of a flood. 6. A flood monitoring device shall be installed on the subject property. 7. Travel trailers/vehicles located within the floodplain satisfy the following conditions. A violation of these conditions will require that travel trailers/vehicles within the floodplain conform to all applicable provisions of Section 20-73 of the Zoning Ordinance. A. Have current licences required for highway use. B. Are highway ready meaning on wheels or with an internal jacking system. C. Are attached to the site only with quick disconnect type utilities commonly used in campgrounds and trailer parks. 9 D. The travel trailer/travel vehicle does not have permanent structural type additions attached to it. E. The travel trailer or travel vehicle and assorted use must be permissible in any pre-existing, underlying zoning use district. 8. The construction of site improvements that exceed $1,000 in total cost, as determined by the Building Official, and that occur on the portion of the parcel within the floodplain shall result in the forfeit of the exemption from floodplain provisions for campsites and travel trailers/vehicles located in the floodplain. 9. The applicant * revise the Ownership Prospectus to accurately reflect approvals that have been granted and conditions regulating the use of the property, including zoning and property ownership. The revised prospectus will be subject to review and approval by City Staff. 10. No permanent accessory buildings, structures or fences shall be constructed in association with individual campsites. Any existing permanent accessory structures or fences associated with an individual campsite shall be removed. 11. The construction of or addition to accessory buildings or structures and fences shall require approval of a CUP amendment and the issuance of all applicable City permits. 12. No cutting of trees in excess of four inches in diameter at four feet high within 100 feet of the OHWM is allowed in the Wild and Scenic District except by City permit. 13. Any additions or modifications to existing site signage shall be subject to applicable provisions of the Zoning Ordinance and require approval of a CUP amendment. 14. Any additions or modifications to existing site lighting shall be subject to applicable provisions of the Zoning Ordinance and require approval of a CUP amendment. 15. Any amendmentlo the existing Conditional Use Permit shall be subject to the following conditions related to required MNDoT approvals: A. A MNDoT access permit is required for access to or across state highways or right of way, including MNDoT owned frontage roads. A change in intensity or type of use of an existing entrance also requires a permit. B. A MNDoT stormwater drainage permit is required for any change in rate of runoff to trunk highway right of way, or any alteration of trunk highway stormwater drainage systems. 112 C. Any other use of or work within MNDoT right of way, including but not limited to grading, utility work, and landscaping shall require a permit. The permit necessary shall depend on the nature of the proposed work. D. If property adjacent to MNDoT right of way is to be platted, the preliminary plat must be submitted to MNDoT for review along with site, grading and drainage plans. 16. The condition, maintenance and upgrade of the existing private sewer system shall be subject to review and approval of the City Engineer. 17. Comments of other City Staff. _t ISSUES ANALYSIS Existing Regulation. The Mississippi Riverwood site is currently regulated by a CUP granted in 1982 by Wright County that allowed for a private campground and private sewer treatment system within the Wild and Scenic River District. The 1982 CUP included two conditions: The campground is developed according to the plan dated 4/1/82 prepared by Meyer-Rohlin. 2. The campground is to be for seasonal use only with all units vacated no later than 1 November and not re -occupied at any time when the river levels exceeds 855' elevation. Of particular issues with regards to the 1982 CUP is the meaning of the term "'vacated" in condition 2. The question involves whether the trailers must be removed from the property or whether the owners may store them at the site, but not use them. This issue will be discussed further in later sections of this report. The 1982 Cup is also ambiguous with regards to issues such as allowance of accessory buildings, flood monitoring and emergency evacuation plans. Through discussions with City staff, DNR staff and officials of Mississippi Riverwood, it was determined that the best means of addressing these issues was for the owners association to apply for an amended CUP under the City's jurisdiction. Existing Development. The subject site is currently developed with 119 campsites. A site plan included as part of promotional material for the campground indicates that there is also a clubhouse building, exterior swimming pool, mini -golf facility, boathouse, management building, restroom buildings and a outdoor theater. No changes to the 5 existing development on the site is proposed as part of this application. However, the applicant should have a property survey prepared and submitted to the City so as to document existing structures and uses at the subject site. Any expansion of the number of campsites, expansion of existing buildings or structures, or construction of new buildings will require approval of an amended CUP. Zoning. The subject site is zoned A-1, Agriculture -Rural Service Area. The subject site is also within the Wild and Scenic Overlay District. Outdoor commercial recreational uses are a conditional use within these districts subject to the following conditions: 1. The land upon which such use is to be located is marginal in terms of agricultural production. 2. The use will not negatively impact neighboring farming operations or residential uses. 3. The potential traffic generated by such use can be adequately accommodated (both volume and weight) upon the City Streets serving the property upon which the use is located. 4. Adequate, improved off-street parking is provided. _4 5. The amount of land devoted to buildings is minimized to the extent possible but in no case shall exceed five (5) percent of the lot area up to a maximum of four thousand (4,000) square feet. 6. An adequate septic system and well can be established on the site and which, if the use is approved, shall be subject to applicable provisions of the City Code. In consideration of the CUP amendment, the Planning Commission and City Council shall also consider possible adverse effects of the proposed conditional use. Their judgement shall be based upon (but not limited to) the following factors outlined in Section 4.21 of the Zoning Ordinance.- The rdinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses in the area. 3. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area which it is proposed. 191 5. The proposed use's impact on property values of the area in which it is proposed. 6. Traffic generation by the proposed use in relation to capabilities of streets serving the property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Comprehensive Plan. The applicant's request for a CUP amendment to address'the use related issues of the site is consistent with the Comprehensive Plan in that it is a means of transferring responsibility of the development from the County to the City. The proposed action also provides a means for ensuring environmental protection within the Wild and Scenic District and Floodplain areas. Land Use Compatibility. As an existing use, the granting of a CUP amendment is not anticipated to create any negative impacts with the adjacent agricultural and residential uses in the area. The consideration of a CUP amendment is intended to address potential impacts of the campground by specifying the allowed uses and activities of the site. Property Values. Granting a CUP amendment is not anticipated to negatively impact adjacent property values, as the recreational campground is an established use in this area. It should be noted however, that no detailed analysis has been completed. Traffic Generation. The granting of a CUP amendment will have no impact upon traffic generation upon the City's transportation system. The existing streets that provide access to the property are sufficient in terms of weight capacity to accommodate traffic from the existing use. The subject property is adjacent to the right-of-way for Trunk Highway 101. The Minnesota Department of Transportation has been notified of the applicant's request. Although MNDoT does not have any issues with regard to this specific request, they have indicated a number of requirements that concern access to the property, which should be included as part of an amended CUP. Their issues are outlined in a letter dated 17 July 1997 and attached as Exhibit D. Service Capacity Impact. The granting of a CUP amendment will not negatively impact the City or School District's existing service capacities. Performance Standards. The subject parcel is within the base A-1 Zoning District and Wild and Scenic Overlay District. As such, the required lot performance standards applied to the subject site are whichever is most restrictive. The table on the following page illustrates the required lot performance standards. 7 No site plan has been submitted by the applicant as no physical alteration to the site is proposed. Any campsite, structure or accessory structure on the subject site that does not conform to the above requirements would be considered a legal non -conformity. This would be an issue that would be addressed as part of any proposed expansion of the use, including the provision of additional campsites or the construction of additional structures. Performance Standard A-1 District Wild & Scenic District Required Provision Minimum Lot Area 1 acre 2.5 acres 2.5 acres Minimum Lot Width 150 feet 75 feet 150 feet Minimum Lot Depth 150 feet n/a 150 feet Setbacks Principal Structure OHWM n/a 75 feet 75 feet Bluffline n/a 30 feet 30 feet Front S/F Hwy 130 ft. /65 ft. 130 ft. / 65 ft. 130 ft. / 65 ft. Front County Rd 130 ft./65 ft. 130 ft./65 ft. 130 ft./65 ft. Front Local Rd. 65 ft./35 ft. 65 ft./35 ft. 65 ft./35 ft. Side 30 feet 30 feet 30 feet Rear 50 feet 50 feet 50 feet Accessory Structure General 30 ft. side/ 50 ft. rear n/a 30 ft. side/ 50 ft. rear OHWM n/a 75 feet 75 feet Bluffline n/a 30 feet 30 feet Maximum Impervious Surface n/a 25°% 25°% Source: Section 20-747.E Section 20-51-6 9 ti Seasonal Use of the Campground. As discussed above, there has been some contention whether the 1982 CUP required the trailers to be removed from the property after November 1st or whether the owners may store their campers at the site but not utilize them. It has been the interpretation of City Staff and the Wright County Planning Director (See Exhibit C) that the campground is a seasonal use and that all travel trailers/vehicles must be removed from the property by November 1 st of each year. The DNR staff has interpreted "vacate" to mean the campers are not to be occupied past 1 November. The primary purpose of removing the campers is to prevent potential flood damage to property on the site and to property down river. The applicant is proposing the following regarding storage of campers at the site during the off-season: at Step 1. Camper units located on property below the 857 foot elevation will be removed from their lots and stored on higher ground within the park or taken to other storage areas outside the park. Step 2. Units that are located on land with elevations between 857 to 858 feet will disconnect all utilities and all blocking will be removed and units will be prepared for removal from their locations if necessary. Steel cables shall be attached to unit frames and secured to a tree over 6 inches in diameter, or a heavy duty ground anchor will be used. Cables must have a simple way to be removed. Step 3. Units on land above the 858 foot elevation will be disconnected from all utilities. They may remain on blocks, but be prepared for removal in all other ways. In general, staff views the question of whether this plan is acceptable as a decision to be made by the Planning Commission and City Council. However, staff offers the following comments regarding the applicant's proposal: ► The delineation of elevations to identify which travel trailers/vehicles would be removed, which could remain but be prepared for removal and which travel trailers/vehicles could remain in place with disconnected utilities would require a detailed site survey. ► Emergency evacuation of travel trailers/vehicles remaining in place, even if prepared for removal, may be inhibited by deep snow, fast rising flood waters, etc. ► The plan is problematic from an enforcement perspective, with regards to verifying that travel trailers/vehiIces remaining in place with disconnected utilities are not being used during the off-season. If the City is inclined to approve the applicant's proposal, staff recommends that any single violation of the plan results in immediate revocation of the CUP. 9 ► The Planning Commission and City Council must determine if on-site storage of travel trailers/vehicles during the off-season is incidental and customary to the commercial recreational use of the site. If found to be incidental to the use, the off- season storage site would have to be delineated and approved. ► Staff recommends that the original 1st November date be maintained as the deadline for removing the travel trailers/vehicles from the property or completing the applicant's off-season removal/storage plan. The campground would not be allowed to return campers to their sites until the river elevation dropped to below 855' elevation consistent with the original CUP. Emergency Evacuation Plan. Section 20-71-10.C.4.b of they oning Ordinance requires an emergency evacuation plan in case of flooding for all new or replacement trailers located within the 100 -year floodplain. Although the subject site is an existing use, which is exempted by the Ordinance, staff believes that an emergency evacuation plan for the entire campground should be required as part of the application of an amended CUP, to prevent potential damage to adjacent properties in the event of a flood. At a minimum, the emergency evacuation plan should contain: ► Identification of a Flood Emergency Official who will be responsible for monitoring water levels and initiating the emergency evacuation plan in the event of a flood. A record of the name, address and phone number of this individual will be maintained at City Hall. ► The identification of a business or individual responsible for evacuating the camper units in the event of a flood. ► The identification of a site where the camper units will be removed to, on site or off site, in the event of a flood. ► A flood monitoring device will be installed on the subject property. Existing Private Sewer -System. The subject site is served by an existing private sewage treatment facility that was approved as part of the 1982 CUP. The MPCA has given the City of Otsego complete regulatory jurisdiction over the treatment facility as the wastewater flow generated by the campsite does not meet the minimum levels necessary for MPCA regulation. Any expansion of the existing system however, will require the approval of the MPCA as well as an amended CUP approval by the City. The City Engineer should comment on any issues to be addressed as part of this application with regard to the existing treatment facility. 10 . C: - Floodplain Conditions. Travel trailers/vehicles to be located in the floodplain (See Exhibit E) are exempt from the floodplain regulations related to flood proofing and the use of land restrictions of Section 20-73-6 and 20-73-7, as the subject site is an existing commercial recreational vehicle park. Further, travel trailers/vehicles located within the floodplain must satisfy the following conditions as provided in Section 20-73-10.C.1 to maintain their exemption: a. Have current licences required for highway use. b. Are highway ready meaning on wheels or with an internal jacking system. C. Are attached to the site only with quick disconnect typi utilities commonly used in campgrounds and trailer parks. d. The travel trailer/travel vehicle does not have permanent structural type additions attached to it. e. The travel trailer or travel vehicle and assorted use must be permissible in any pre- existing, underlying zoning use district. The travel trailers/vehicles in the campground forfeit this exemption when development occurs on the parcel that exceeds $1,000, as determined by the Building Official. As only a portion of the site is within the floodplain, the forfeit of the exemption will only apply to development that occurs within the floodplain area. This will encourage future development of the site to occur in non -floodplain areas. Owner Association Prospectus. The Ownership Prospectus has been reviewed in the past with regards to the consistency with the 1982 CUP and the Otsego Zoning Ordinance. A number of allowances within the Prospectus were identified that no approvals were granted for or which contradict the 1982 CUP: 1. Allowance of storage sheds (not to exceed 40 feet). 2. Allowance of "ownership signs" not to exceed 12" x 24" for each individual lot. 3. Erection of fences. 4. Indication that the property is zoned PUD, Planned Unit Development. 5. Indication that individual campsites are owned by each individual member. 11 Items 1, 2 and 3 above would require the issuance of City permits. In addition, the erection of "permanent structures" such as accessory buildings or fences associated with individual campsites would be contrary City and County Staff interpretation of the intent of the 1982 CUP that allowed for a seasonal campground. Under A-1 District Zoning, accessory structures or buildings customary and incidental to a conditional use are allowed. It is staffs interpretation that this would include the existing permanent structures at the site that include a boat house, outdoor theater, outdoor swimming pool etc. Given that the campground has always been for seasonal use and that travel trailers/vehicles are to have been removed from the site during the off-season per the County CUP, it is staffs interpretation that permanent accessory structures for individual campsites would be inappropriate and should not be allowed. Any permanent accessory structures or fences associated with an individual campsite that exist currently should be required to be removed. The ownership prospectus should be revised to accurately reflect approvals that have been granted and conditions regulating the use of the property, including zoning A-1 District zoning, not PUD, and that individual campsites may be designated by the Association, but are not owned by each individual. The revised prospectus will be required to be submitted to the City for review and approval by City Staff. Vegetative Cutting. No cutting of trees in excess of four inches in diameter at four feet high within 100 feet of the OHWM is allowed in the Wild and Scenic District except by permits. This requirement will be a condition of approval. Signage. The applicant has not provided any information regarding site signage. Any additions or modifications to existing site signage will be subject to applicable provisions of the Zoning Ordinance and require approval of an amended CUP. Lighting. The applicant has not provided any information regarding site lighting. Any additions or modifications to existing site signage will be subject to applicable provisions of the Zoning Ordinance and require approval of an amended CUP. CONCLUSION The applicant's request for a CUP amendment is primarily intended to clarify the intent of the 1982 CUP issued by Wright County and outline the specific uses and operating procedures allowed under the jurisdiction of the City of Otsego. In this regard, our office finds that the applicants request is generally consistent with the Comprehensive Plan and will not result in any negative impacts to the Community. 12 Should the Planning Commission and City Council make a similar finding, our office would recommend approval of a CUP amendment for a commercial recreational use within the A-1 Agriculture District and Wild and Scenic Overlay District subject to the conditions outlined in the Executive Summary of this report. pc. Elaine Beatty Andrew MacAurthur Kevin Kielb Mississippi Riverwood Associates, Inc. Larry Kramka, DNR 13 C3 _1 This map is for planning purposes only and should not be used when precise measurements are required N O R T H 1 0.1=//R EXHIBIT IISTATE UV 1.11:1010 COUNTY' 11I.ANN I N(: CO3MH I :;S I (IN It COUNTY OF WRICIIT ICONDITIONAL USE PROCEEDINGS In the Matter of Eugene E. Podzimek i REQUEST: A Conditional Use Permit to ORDER GRANTING (HkplY1W2) i expand an existing campgrounds and upgrade the ! sewer system as regulated in Section 613.4 of CONDITIONAL USE the Wright County Zoning -Ordinance. Eugene E. Podzimek Owner. The above entitled matter came on to be heard before the ! Wright County Planning Commission on the 17th day of June 1982 on a petition for a conditional use pursuant to the Wright County Zoning Ordinance, for the following described property: That part of Government Lots 2 and 3 of Section 23, Township 121, Range 23, lying east of Minnesota Trunk Highway Number 101, i Wright County, Minnesota. except the north 50.0 feet of the South Quarter of said Government Lot 3. Containing 20 acres, more or less. (Otsego Township) i IT IS ORDERED that a conditional use i,R4ttt) be granted as upon the following conditions or reasons: _� Expansion of the existing campgrounds granted according to plans submitted and prepared by Meyer-Rohlin, Inc. dated 4/1/82 File No. E-8230, subject to the following conditions: 1. Campgrounds to be seasonal use only, all units must be vacated by November 1, and not reoccupied at any time when the river level exceeds 855 elevation, I DATED this 17th day of June 1982 Chairman oz Wright County Y anni.ng Commission STATE OF MINNESOTA ) ss. WRIGHT COUNTY OFFICE County of Wright ) OF PLANNING MID ZONING i r , I, Tom Salkowski, Zoning Administrator for the County of f Wright, with and in for said County, do hereby certify that I have compared the foregoing copy and Order (granting)(dgRXing) a condi- tional use with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the } whole thereof. I have here IN TESTIMONY WHEREOF, unto n the ibed_my hand at uffalo, Minnesota_, in the County of Wright on the S day of 19 Y7wt, Pright oun onLng Administrator Receipt #20440 Pd. $5. i EXHIBIT Mr. Henry Brumund 9319 1st Ave South Minneapolis, 'IN 55420 Office of PLANNING AND ZONING TOM SALKOWSKI, ADMINISTR kTOR Pl: o)!,.- : 1312-6-32.3-900 55313 July 6, 1987 -I. RE: :Mississippi Riverwood; your letter of June 18, 1987 Dear Mr. Brumund: After reviewing the ,files and record on this matter, I am afraid that it is indeed necessary to remove your trailer and personal items from the campground as a part of the winter off-season. That condition is necessary because the entire property is within the flood plain of the river, and subject to flooding. During a severe flood, d;eas 2 and 3 will be under at least 4 feet of water. Removal is required not only to protect your property, but also to protect downstream owners from being damaged as your property is swept away, and to - protect.the river from pollution. Do not be fooled by this year's low water level. That river can easily and swiftly become a raging torrent capable of immense destruction. Long time residents of the area will tell. you that the campground area has been inundated in the past, it could happen again at any time. Federal, state and local regulations severely limit any permanent improvements or structures in the flood plain because of the damages, and insurance, costs, which result. These regulations, and common sense, dictate that we do all that is possible to ensure that the campground -is empty during the times when flooding is most likely to occur. TS:sa Sin re y, G�L Tommi alkowski Planning & Zoning Administrator EXHIBIT �ROMi w CITY OF OTSEGO ,f ► vV„ 11 gyp, ^O ffr w" Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 July 17, 1997 Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Dear Elaine Beatty: PHONE NO. : 61z 441 4414 SUBJECT: Mississippi Riverwood Association Conditional Use Permit Public Hearing Notice Otsego, Wright County C.S. 8608 J& 2 ICI07 The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment regarding a conditional use permit for the Mississippi Riverwood Association. We Piave no major concerns regarding the conditional use permit. However, we would like to take this opportunity to remind the applicant of certain stipulations regarding development of property adjacent to Mn/DOT right of way. • We require a Mn/DOT access permit for access to or across state highways or right of way, including Mn/DOT owned frontage roads. A change in the intensity or type of use of an existing entrance also requires a permit. • We require a Mn/DOT storm water drainage permit for any change in rate of runoff to trunk highway right of way, or any alteration of trunk highway storm water drainage systems. • Any other use of or work within Mn/DOT right of way, including but not limited to grading, utility work, and landscaping, also requires a permit. The permit necessary depends on the nature of the proposed work. • If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be submitted to us for review, along with a site plan and grading and drainage plans if prepared. Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government Liaison Supervisor, at the above address. Questions regarding permit applications may be directed to Bill Warden of our Permits Section at 582-1443. An equal opportunity employer EXHIBIT D rrwrv= riu- • - FROM,: CITY OF OTSEGO '4 r� ,' r Elaine Beatty July 17, 1997 page two Please contact me at 582-1654 with any questions. sincerely, ,,A Scott Peters Senior Transportation Planner/Local Government Liaison '.W IL I \ _ xLLI 1 \ "\ I .I \ i r � 1 _ 1 1 � � X11 i ' 1 i I '.W s JLL.30.1997 12:09PM Hakanson Anderson Assoc., lnc. July 30, 1997 Elaine Beatty, Clerk City of Otsego 8899 Nashua Boulevard NE Otsego, MN 55330 RE: Mississippi Riveryvood CIDP Amendment Application Dear Elaine: N0.622 P.2/5 3601 Thurston Avenue Anoka, Minnesota,55303 612/427-5860 Fax 612/427--44 t-- 0520 We have reviewed the apove referenced application with respect to Engineering issues. We offer the following comments: 1. The letter dated July 7, 1987 (97?) indicates that certain steps will be taken for protection of units based on elevation of the units. This should apply to assessory buildings as well as the principal units. Elevations should be established for each unit and a map prepared depicting these elevations. This will aid in establishing zones of required protection for the campground'. The elevations should be established by a site survey. Benchmarks should be left on-site for future verification. 2. The emergency evacuation plan must also consider septic system precautions. he MPCA has terminated the permit for this facility, meaning the City has sole regulatory authority for the facility. On July 29, 1997, City staff performed a site visit to review the existing septic system. The site visit indicates that the septic system w$s not constructed per plans submitted to the City. To provide the City with information required for periodical reviews of the septic system, the following infprmation Is required: A. Spolelevations on the septic tank lids and on the drainfields. g. A description of which drainfields are functioning and which have been abandoned. C, Septic tank pumping records. D. A brief description of the emergency plan for the septic system. Engineers Landscape Architects Surveyors r JUL.30.1997 12:09PM Elaine Beatty, Clerk Page 2 July 30, 1997 NO. 622 P.3/5 3. A marker post (or posts) should be provided to allow for visual analysis of the water level in the river. If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. '2�4, IDX" -)6 , Kevin P. Kielb, PE kas cc: Lawrence G. Ko$hak, PE Bob Kirmis, NAG, Andy MacArthur Attorney Jerry Olson, Building Inspector OT2500.eb2 Hakanson Anderson Assoc., Inc. s Y OR TMMC Minnesota Department of Transportation Metropolithn Division Waters Edge 1500 West County Road 132 Roseville, MN 55113 July 17, 1997 Elaine Beatty , City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Dear Elaine Beatty: SUBJECT: Mississippi Riverwood Association Conditional Use Permit Public Hearing Notice Otsego, Wright County C.S. 8608 • i ,.�� 7 ;. :`ice �_ � rr � � �'J I , - __ JUL 2 The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment regarding a conditional use permit for the Mississippi Riverwood Association. We have no major concerns regarding the conditional use permit. However, we would like to take this opportunity to remind the applicant of certain stipulations regarding development of property adjacent to Mn/DOT right of way. • We require a Mn/DOT access permit for access to or across state highways or right of way, including Mn/DOT owned frontage roads. A change in the intensity or type of use of an existing entrance also requires a permit. • We require a Mn/DOT storm water drainage permit for any change in rate of runoff to trunk highway right of way, or any alteration of trunk highway storm water drainage systems. • Any other use of or work within Mn/DOT right of way, including but not limited to grading, utility work, and landscaping, also requires a permit. The permit necessary- depends on the nature of the proposed work. • If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be submitted to us for review, along with a site plan and grading and drainage plans if prepared. Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government Liaison Supervisor, at the above address. Questions regarding permit applications may be directed to Bill Warden of our Permits Section at 582-1443. An equal opportunity employer Elaine Beatty July 17, 1997 page two Please contact me at 582-1654 with any questions. Sincerely, Scott Peters Senior Transportation Planner/Local Government Liaison NORTHWEST ASSOCIATED CONSULTANTS NPIC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Madhulika Singh / David Licht DATE: 29 July 1997 RE: Otsego - McKenzie Accessory Building CUP FILE NO: 176.02 - 97.13 EXECUTIVE SUMMARY Background Dwight and Marion McKenzie have requested a conditional use permit to construct an accessory structure upon their property located at the north east intersection of Odell Avenue and 83rd Street. The applicant has submitted two options. In Option A (Exhibit B) the applicant intends to construct a 924 square foot garage and leave the existing two pole sheds in their current state. Option B (Exhibit C) would eliminate one of the pole sheds and proposes a 1,260 square foot garage. Option B is the preferred option. According to the Zoning Ordinance, a detached accessory structure of an area greater than 1,000 square feet and less than 1,500 square feet could be allowed by an administrative permit, however, the Zoning Ordinance also states that no building permit shall be issued for more than one detached private garage or accessory structure for each single family dwelling except by conditional use permit. The existing garage was damaged in a recent storm. The applicant intends to remove the damaged garage and construct the proposed new accessory structure. The applicant proposes to build on the concrete footprint of the damaged garage. The subject site is zoned R-3, Residential Immediate Urban Service District. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 61 2-595-9837 Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan - Option A Exhibit C - Site Plan - Option B Recommendation Based on established City policy and the following review, our office recommends approval of a conditional use permit to allow more than one detached accessory building (Option B) for a detached single family use subject to the following conditions: 1. A building elevation of the proposed accessory structure is submitted which specifies structure height. The proposed structure shall be required to comply with applicable height requirements. 2. The proposed accessory structure is not to be utilized for home occupation, commercial related activities, or the keeping of animals. 3. The proposed accessory structure match the principal building in color, 4. The City Engineer provide comment/recommendation in regard to drainage and utility easement establishment. 5. The driveway be constructed of asphalt, as shown on the site plan. 6. Comments from other City staff. ISSUE ANALYSIS CUP Review Criteria. The City's Zoning Ordinance stipulates that no building permit shall be issued for morghan one detached accessory structure for a single family dwelling except by conditional use permit. In recognition of the site's existing detached accessory structure, approval of a conditional use permit is necessary to accommodate the applicant's request to construct a 1,260 square foot detached garage. According to Section 20-16-4.1-1 of the City Zoning Ordinance, a conditional use permit for an accessory storage structure may only be granted provided that: 1. There is a demonstrated need and potential for continued use of the structure and the purpose stated. 2 2. In the case of residential uses, no commercial or home occupation activities are conducted on the property. This prohibition shall include the storage of materials and equipment which are unrelated to the on-site residential use and activity. 3. The building has no evident re -use or function related to the principal use. 4. The accessory building shall be maintained in a manner that is compatible with the adjacent uses and does not present a hazard to public health, safety and general welfare. 5. The provisions of Section 4.21 of the Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria (listed below) . a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.) d. The proposed use's impact upon property values of the area in which it is proposed. e. Traffic generation by the proposed use in relation to capabilities of street serving the property. f. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Building Use. The CUPS- review criteria states that there should be a demonstrated need for continued use of the structure and the stated purpose. Considering that the proposed garage is to be used for the storage of the applicant's vehicles which are currently stored outdoors due to the damage done to the garage previously existing on the site, there appears to be a demonstrated need for the continued use of the structure. In accordance with ordinance requirements, the structure may not be used for home occupation/commercial related activities or the keeping of animals. 3 Building Type. According to Section 20-16.4.G of the Zoning Ordinance, the same or suitable quality exterior finish building materials (as determined by the Building Inspector) shall be used in all accessory buildings over 150 square feet as in the principal building. According to the applicant, the proposed accessory building is to be of "stick built" construction. To ensure compatibility, it is recommended that the siding upon the proposed accessory building to be of a color which matches the single family dwelling. It should be specifically recognized by the applicant that the Ordinance prohibits pole -type building construction in residential zoning districts. Existing Accessory Buildings. According to the submitted site plan, two detached accessory buildings currently exist along the subject property's western boundary. The applicant is proposing to remove one pole shed as part of Option B. Pole buildings are not allowed in a residential zoning district. Therefore, the elimination of one of the pole sheds is considered positive. Setbacks. According to Section 20-16-4.13 of the Ordinance, the proposed accessory building must not lie closer than ten feet to any lot line, occur upon a required easement or in a required side yard. As a condition of CUP approval, the site plan must be revised to document setback compliance. Building Height. According to Section 20-16.4.E of the Zoning Ordinance, an accessory building within an R-3 zoning district may not exceed 16 feet in height except as allowed by conditional use permit. As a condition of CUP approval, a building elevation should be submitted which illustrates compliance with the maximum height standard. Easements. As required by the City Subdivision Ordinance (Section 21-7-15) drainage and utility easements have been established along all lot lines. This issue should be subject to further comment by the City Engineer. Access. The proposed accessory building is to receive its access via an existing curb cut from Odell Avenue. Such access is considered acceptable. The applicant has indicated that the driveway from Odell Avenue to the proposed garage would be asphalt. This is an acceptable surfacing as stated in the Zoning Ordinance. CONCLUSION Based on the preceding review, our office recommends approval of the requested conditional use permit subject to the conditions listed in the Executive Summary of this report. 112 PC: Elaine Beatty Jerry Olson Andy MacArthur Kevin Kielb Dwight and Marion McKenzie 1 EXHIBIT A - SITE LOCATION C14 N 3AY 421Yi10Yd n n ; • �� �'� N • G �0&0 N � o� M �'Q i m !y M I t n n IN n « ! N�N - E C r Z Y 1 L 17i �(�• - 3AY N3tl90 N I- - i ....NkO ° r e tp�.N.. cx {AG�.r.n p� K.,t,•. Y e rx #o n `SUBJECT R SITE - } 3m3AY 11300 S -3-N —i 3nY N1N90•'3'N • Y L :t t� O ^• F � lm P } ..... co ° O'xaY + I x c v co 3^ b � a •... 2. N, F W - • b E N V Ln � N .- r � n wa Z � Ai r x r 8 W ✓ �` � _ r n W Q N— t Z, c z I` ��co N N N �T ■ _��� � � �xi m }�■�=rx�a 'dna t'ra !', toj!na ot EXHIBIT A - SITE LOCATION Fj 11 . ';' r> . .................. kol V , C, (A Y- 10) V 6a V, rj �Yoc-k- -17 6 F-0 m EXHIBIT B - SITE PLAN, OPTION A EXHIBIT C SITE PLAN, OPTION B JIJL . 30. 1997 12 : 08PM TO:OTSEGO Hakanson Anderson Assoc., Inc. July 30, 1997 Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Dwight & Marian McKenzie CUP Application Dear Elaine: NO. 622 P.1/5 3601 Thurston Avenue Anoka Minnesota 55303 612/47-5860 Fax 612/427,3+#0t- 0520 Hakanson Anderson Associates, Inc. has reviewed documentation submitted for the above referenced CUP Application. The applicant is requesting to restore the site to a previously existing condition. There doesn't appear to be a significant impact to drainage. We do not have any other engineering concerns regarding this application. • V If you have any questia,ns, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. IYe%/X-n Kevin P. Ki b, PE !Ig cc: Bob Kirmis, NAGS Andy MacArthur, Attorney Lawrence G. Koshak, PE OT2900.eW I Surveyors En6ineers Landscape Architects ,JUL.30.1997 12:09PM Hakanson Anderson Assoc., Inc. July 30, 1997 Elaine Beatty, Clerk City of Otsego 8899 Nashua Boulevard NE Otsego, MN 55330 RE: Mississippi Rivervvood CUP Amendment Application It - Dear Elaine: N0.622 P.2/5 3601 Thurston Avenue Anoka, Minnesota.55303 612/427-5860 Fax 612/427-34e1-- 0520 We have reviewed the apove referenced application with respect to Engineering issues. We offer the following comments: 1. The letter dated July 7, 1987 (97?) indicates that certain steps will be taken for protection of/units based on elevation of the units. This should apply to assessory buildings as well as the principal units. Elevations should be established for each unit and a map prepared depicting these elevations. This will aid in establishing zones of required protection for the campground'. The elevations should be established by a site survey. Benchmarks should be left on-site for future verification. 2. The emergency evacuation plan must also consider septic system precautions. he MPCA has terminated the permit for this facility, meaning the City has sole regulatory authority for the facility. On July 29, 1997, City staff performed a site visit to review the existing septic system. The site visit indicates that the septic system w0s not constructed per plans submitted to the City. To provide the City with information required for periodical reviews of the septic system, the following information is required: A. Spot -elevations on the septic tank lids and on the drainfields. B. A description of which drainfields are functioning and which have been abandoned. C, Septic tank pumping records. D. A brief description of the emergency plan for the septic system. Engineers landscape Architects Surveyors JU .30.1997 12:09PM Elaine Beatty, Clerk Page 2 July 30, 1997 NO. 622 P.3/5 3. A marker post (or posts) should be provided to allow for visual analysis of the water level in thQ river. If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Kevin P. Kielb, PE kas cc: Lawrence G. Ko!phak, PE Bob Kirmis, NAC, Andy MacArthur Attorney Jerry Oison, Bull0ing Inspector OT2500.eb2 Hakanson Anderson Assoc., Inc. a. Z1R. • J1NNE•pr. e Minnesota Department of Transportation --- Metropolithn Division Waters Edge )v 1 1500 West County Road B2 j. 1 JUL 2 !007 Roseville, MN 55113 July 17, 1997 �--- — Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Dear Elaine Beatty: SUBJECT: Mississippi Riverwood Association Conditional Use Permit Public Hearing Notice Otsego, Wright County C.S. 8608 The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment regarding a conditional use permit for the Mississippi Riverwood Association. We have no major concerns regarding the conditional use permit. However, we would like to take this opportunity to remind the applicant of certain stipulations regarding development of property adjacent to Mn/DOT right of way. • We require a Mn/DOT access permit for access to or across state highways or right of way, including Mn/DOT owned frontage roads. A change in the intensity or type of use of an existing entrance also requires a permit. • We require a Mn/DOT storm water drainage permit for any change in rate of runoff to trunk highway right of way, or any alteration of trunk highway storm water drainage systems. • Any other use of or work within Mn/DOT right of way, including but not limited to grading, utility work, and landscaping, also requires a permit. The permit necessary depends on the nature of the propose&work. • If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be submitted to us for review, along with a site plan and grading and drainage plans if prepared. Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government Liaison Supervisor, at the above address. Questions regarding permit applications may be directed to Bill Warden of our Permits Section at 582-1443. An equal opportunity employer :.: Elaine Beatty July 17, 1997 page two Please contact me at 582-1654 with any questions. Sincerely, Scott Peters Senior Transportation Planner/Local Government Liaison .1 .r:. 0 NORTHWEST ASSOCIATED CONSULTANTS 07INCCOMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: FROM: DATE: RE: FILE NO: EXECUTIVE SUMMARY Background Otsego Mayor and City Council Otsego Planning Commission Madhulika Singh / David Licht 29 July 1997 Otsego - McKenzie Accessory Building CUP 176.02 - 97.13 Dwight and Marion McKenzie have requested a conditional use permit to construct an accessory structure upon their property located at the north east intersection of Odell Avenue and 83rd Street. The applicant has submitted two options. In Option A (Exhibit B) the applicant intends to construct a 924 square foot garage and leave the existing two pole sheds in their current state. Option B (Exhibit C) would eliminate one of the pole sheds and proposes a 1,260 square foot garage. Option B is the preferred option. According to the Zoning Ordinance, a detached accessory structure of an area greater than 1,000 square feet;�and less than 1,500 square feet could be allowed by an administrative permit, however, the Zoning Ordinance also states that no building permit shall be issued for more than one detached private garage or accessory structure for each single family dwelling except by conditional use permit. The existing garage was damaged in a recent storm. The applicant intends to remove the damaged garage and construct the proposed new accessory structure. The applicant proposes to build on the concrete footprint of the damaged garage. The subject site is zoned R-3, Residential Immediate Urban Service District. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637 Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan - Option A Exhibit C - Site Plan - Option B Recommendation Based on established City policy and the following review, our office recommends approval of a conditional use permit to allow more than one detached accessory building (Option B) for a detached single family use subject to the following conditions: 1. A building elevation of the proposed accessory structure is submitted which specifies structure height. The proposed structure shall be required to comply with applicable height requirements. 2. The proposed accessory structure is not to be utilized for home occupation, commercial related activities, or the keeping of animals. 3. The proposed accessory structure match the principal building in color. 4. The City Engineer provide comment/recommendation in, regard to drainage and utility easement establishment. 5. The driveway be constructed of asphalt, as shown on the site plan. 6. Comments from other City staff. ISSUE ANALYSIS CUP Review Criteria. The City's Zoning Ordinance stipulates that no building permit shall be issued for more than one detached accessory structure for a single family dwelling except by conditional usepermit. In recognition of the site's existing detached accessory structure, approval of a conditional use permit is necessary to accommodate the applicant's request to construct a 1,260 square foot detached garage. According to Section 20-16-4.1-1 of the City Zoning Ordinance, a conditional use permit for an accessory storage structure may only be granted provided that: There is a demonstrated need and potential for continued use of the structure and the purpose stated. 2 2. in the case of residential uses, no commercial or home occupation activities are conducted on the property. This prohibition shall include the storage of materials and equipment which are unrelated to the on-site residential use and activity. 3. The building has no evident re -use or function related to the principal use. 4. The accessory building shall be maintained in a manner that is compatible with the adjacent uses and does not present a hazard to public health, safety and general welfare. 5. The provisions of Section 4.2.F of the Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria (listed below) . -It a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.) d. The proposed use's impact upon property values of the area in which it is proposed. e. Traffic generation by the proposed use in relation to capabilities of street serving the property. f. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Building Use. The CUP review criteria states that there should be a demonstrated need for continued use of the 4tructure and the stated purpose. Considering that the proposed garage is to be used for the storage of the applicant's vehicles which are currently stored outdoors due to the damage done to the garage previously existing on the site, there appears to be a demonstrated need for the continued use of the structure. In accordance with ordinance requirements, the structure may not be used for home occupation/commercial related activities or the keeping of animals. 3 Building Type. According to Section 20-16.4.G of the Zoning Ordinance, the same or suitable quality exterior finish building materials (as determined by the Building Inspector) shall be used in all accessory buildings over 150 square feet as in the principal building. According to the applicant, the proposed accessory building is to be of "stick built" construction. To ensure compatibility, it is recommended that the siding upon the proposed accessory building to be of a color which matches the single family dwelling. It should be specifically recognized by the applicant that the Ordinance prohibits pole -type building construction in residential zoning districts. Existing Accessory Buildings. According to the submitted site plan, two detached accessory buildings currently exist along the subject property's western boundary. The applicant is proposing to remove one pole shed as part of Option B. Pole buildings are not allowed in a residential zoning district. Therefore, the elimination of one of the pole sheds is considered positive. Setbacks. According to Section 20-16-4.13 of the Ordinance, the proposed accessory building must not lie closer than ten feet to any lot line, occur upon a required easement or in a required side yard. As a condition of CUP approval, the site plan must be revised to document setback compliance. Building Height. According to Section 20-16.4.E of the Zoning Ordinance, an accessory building within an R-3 zoning district may not exceed 16 feet in height except as allowed by conditional use permit. As a condition of CUP approval, a building elevation should be submitted which illustrates compliance with the maximum height standard. Easements. As required by the City Subdivision Ordinance (Section 21-7-15) drainage and utility easements have been established along all lot lines. This issue should be subject to further comment by the City Engineer. Access. The proposed accessory building is to receive its access via an existing curb cut from Odell Avenue. Such access is considered acceptable. The applicant has indicated that the driveway from Odell Avenue to the proposed garage would be asphalt. This is an acceptable surfacing as stated in the Zoning Ordinance. CONCLUSION Based on the preceding review, our office recommends approval of the requested conditional use permit subject to the conditions listed in the Executive Summary of this report. C! pc: Elaine Beatty Jerry Olson . Andy MacArthur Kevin Kielb Dwight and Marion McKenzie K3 E1 Iv y3c ka, vyGa I Sy yo �� �or� �� /ow'l30�� stjo tviNoblLa�.rG. je 5 *;> e� e V. C4 t-- / y X140; - I v - 10aY��� iA�d �o� Is 4 .�._.. ...... ___.----- EXHIBIT B - SITE PLAN, OPTION A S ' , r -.. -i ' -i' l LJ ! I I' ! I J I I ._. bJck QL_ Iry It Hi 1... .1, 1_J... Fl I I 4 v EXHIBIT C - SITE PLAN, OPTION B ,J UL . Jl'J • 177 r 1 G • �qor i i XO: OTkGO Hakanson Anderson Assoc., inc. July 30, 1997 Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Dwight & Marian McKenzie CUP Application Dear Elaine: 3601 Thurston Avenue Anoka Minnesota 55303 612/47-5860 Fax 612/427.3401- 0520 Hakanson Anderson Associates, Inc. has reviewed documentation submitted for the above referenced CUP Application. The applicant is requesting to restore the site to a previously existing condition. There doesn't appear to be a significant impact to drainage. We do not hAve any other engineering concerns regarding this application. -1 If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. 4-n-74ki6lb, PE 11g cc: Bob Kirmis, NAC Andy MacArthur,_ Attorney Lawrence G. KoAak, PE OT2500.ab3 Engineers j Landscape Architects Surveyors • i 1 NORTHWEST ASSOCIATED CONSULTANTS IVAINC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: FROM: DATE: RE: FILE NO: Otsego Planning Commission Bob Kirmis / David Licht 5 May1997 Otsego - Zoning Ordinance: Building Relocations 176.08 - 97.05 Attached please find a draft amendment to the Zoning Ordinance which would allow building relocations via administrative rather than conditional use permit. At the 28 April meeting of the City Council, staff raised question as to the intended applicability of the City's building relocation requirements. As you are aware, the relocation of a building or structure within the City currently requires the processing of a conditional use permit. Specific question was raised by staff as to whether the current conditional use permit is desired to apply to newly constructed homes assembled off site (i.e., replacement manufactured homes). Considering that the City of Otsego is characterized by "mobile home" subdivisions, replacement manufactuzed homes are commonly processed by the Building Inspector (approximately five per year). As a matter of standard practice, such manufactured home replacements have not been processed by a conditional use permit but rather simple building permit issuance. Technically speaking, this practice does not meet the strict letter of the Ordinance. According to the City Building Inspector, the past practice of exempting replacement manufactured homes from building relocation CUP requirements has been based on the following rationale: 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 1. The replacement homes are "new" and meet all applicable Building Code requirements. 2. New, on-site construction does not require the processing of a conditional use Ye permit. In terms of actual final home product, little difference exists between off-site and on-site construction. 3. The costs associated with the processing of a conditional use permit may discourage property owners from replacing dilapidated manufactured homes. In informal consideration of this matter, the City Council has initiated a Zoning Ordinance amendment which would make building relocations an administrative approval. It was generally concluded that potential adverse impacts of such relocations may be satisfactorily addressed through the existing performance standards and security requirements (to be retained). For reference purposes, proposed ordinance text modifications have been highlighted. This item is scheduled for public hearing on 21 May. pc: Elaine Beatty Andy MacArthur Larry Koshak a ' DRAFT - DRAFT - DRAFT CITY OF OTSEGO { 1w WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 97 - AN ORDINANCE ADDRESSING PROCESSING REQUIREMENTS FOR BUILDING RELOCATIONS. THE CITY OF OTSEGO ORDAINS: Section 1. Section 20-19 of the Otsego Zoning Ordinance (Building Relocations) is hereby amended to read as follows: 20-19-1: REVIEW PROCESS: The relocation of any building or structure on a- lot or onto another lot within the City shall be subject to the Ft's requirements, regulations and conditions of Section 4, 6onditional Use eceirii Permit of this Chapter as well as Section 20-19-2 below, of this Section. 20-19-2: PERFORMANCE STANDARDS: The following performance standards shall apply: A. Upon relocation, the building shall comply with the applicable requirements of the State Uniform Building Code. B. The proposed relocated building shall comply with the character of the neighborhood in which it is being relocated as determined by the City Council. C. The relocated use will not result in a depreciation of neighborhood or adjacent perty values. D. The relocated structure shall be similar to the market valuation of adjacent principal structures as determined by the City or County Assessor. E. The relocated structure shall be ready for occupancy within six (6) months from the date of location on the site. 20-19-3: PERFORMANCE SECURITY: A performance security shall be provided to the City as specified in Section 20-4-7 of this Chapter. � � ,kt,4..,: � � .. f,,} 4� h � a t r r ,'r iu �, -,y*i rte,` iM rn, �i ',�'< uo�, '��` t' �Y y'F� at"f.. l a. Section 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of 1997. ATTEST: 0 CITY OF OTSEGO By: Larry Fournier, Mayor Elaine Beatty, City Clerk/Zoning Administrator 2 SECTION 18. BUILDING RELOCATION Subdivision 18.01 Review Process 18.02 Exemptions 18.03 Performance Standards 18.04 Performance Security 18.01 REVIEW PROCESS: The relocation of any building or structure onto a lot within the Township shall be subject to the requirements, regulations and conditions of Section 4, conditional use permit of this Ordinance as well as Section 18.02 of this section. 18 OZ EXEMPTIQNS 'fie fol(Qv+rttg.are exempt from fie protstans of phis seciion: A.:.:.:. ReEaeationswktfc accu>" solely.w>fhln t .con -rhes of a:srgte Iat Qr payee A. Upon relocation, the building shall comply with the applicable requirements of the State Building Code. B. The proposed relocated building shall comply with the character of the neighborhood in which it is being relocated as determined by the Town Board. C. The relocated use will not result in a depreciation of neighborhood or adjacent property values. D. The relocated structure shall be similar to the market valuation of adjacent principal structures as determined by the Stearns County Assessor. E. The relocated structure shall be ready for occupancy within six (6) months from the date of location on the site. 18-1 EXCERPT FROM DRAFT ST. AUGUSTA TWP ZONING ORDINANCE 18.04 PERFORMANCE SECURITY: A performance security shall be provided to the Township as specified in Section 4.06 of this Ordinance. 18-2