7.b i. Report on amended CUP for Am-Tec Designs
Memorandum
To: Scandia City Council Reference: Am-Tec CUP Amendment
Copies To: Neil Soltis, City Administrator
Brenda Eklund, Clerk
Connie Sutton, Applicant Project No.: 16622.005
Royal Stirling LLC, owner
From: Sherri Buss, RLA, AICP,
Planner
Routing:
Date: May 8, 2018
SUBJECT: Am-Tech Designs, Inc. request for amended Conditional Use Permit (CUP)
MEETING DATE: May 15, 2018
LOCATION: 21080 Ozark Court North
Scandia, Minnesota
APPLICANT: Connie Sutton
Am-Tech Designs, Inc.
21080 Ozark Court North
OWNER: Royal Stirling, LLC
10080 222nd Street East
Lakeville, MN 55044
ZONING: Industrial Park (IP)
60-DAY PERIOD: May 27, 2018
ITEMS REVIEWED: Application and Plans received March 29, 2018
BRIEF DESCRIPTION OF THE REQUEST:
The applicant is requesting an amendment to an existing Conditional Use Permit (CUP) to allow her t o
expand the principal building and move an accessory building on the property at 21080 Ozark Court
North to a new location on the parcel. The subject property is located in the Industrial Park (IP) Zoning
District, and includes 2.5 acres. Am-Tech Designs is a light steel fabrication business.
BACKGROUND:
The original CUP was granted in 1995, and it was amended in 1997, 2008 and 2015. The building
expansion that the City approved with the 2015 CUP amendment was not implemented. The applicant
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is requesting a similar, slightly larger expansion to the existing building, and is proposing to relocate the
existing accessory building. The Planner has combined the proposed conditions for this permit with the
relevant conditions from the original CUP and past amendments, as was done in 2015, for approval of
the amended CUP.
The use of the buildings will remain the same as the existing use after the proposed expansion. The
existing principal building is approximately 146’x 40’ (5,880 square feet). The proposed expansion will
increase the width of the building by 40 feet. The existing accessory building is 50’x25’ (1250 square
feet). The building would be moved to a new location near the west property line, approximately 23 feet
from the property line and approximately 139 feet from the south property line.
The business owner indicated that the building expansion may permit the addition of two employees in
the future, and allow for some business expansion.
CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT (CUP)
The City’s Development Code identifies the criteria that should be considered for evaluating a CUP
request and granting a CUP or amendment. The Code indicates that the criteria that the Planning
Commission shall consider include the following:
1. The conditional use will be in compliance with and shall not have a negative effect upon the
Comprehensive Plan, including the public facilities and capital improvement plans.
2. The establishment, maintenance or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals, or comfort.
3. The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish or impair
property values or scenic views.
4. The establishment of the conditional use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
5. Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
6. The conditional use shall conform to the applicable regulations of the district in which it is
located an all other applicable standards of this Chapter.
7. The conditional use complies with the general and specific performance standards as specified
by this Section and Chapter.
The sections that follow evaluate the proposed request based on the Development Code criteria.
DETAILED EVALUATION OF THE REQUEST:
Comprehensive Plan
The Industrial Park District was established to provide locations for light industrial businesses, such as
light manufacturing and assembly. The Comprehensive Plan supports the strengthening of businesses
in the Village Center area, and encourages commercial infill and expansion. The request is consistent
with the goals of the Comprehensive Plan.
Lot Size and Frontage
The minimum lot size in the IP District is 2.5 acres and the minimum frontage is 160 feet. The subject
parcel includes 2.52 acres, with frontage of approximately 200 feet on Ozark Court North. The request
meets the lot size and frontage requirements.
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Setbacks
The IP District structure setback requirements are: front yard of 40 feet, side yard of 20 feet, and rear
yard of 50 feet. The attached site plan indicates that the existing and proposed structures meet the
setback requirements. The expanded accessory structure would be approximately 75 feet from the
west side property line. The accessory building will be 20 feet from the nearest side property line. The
Planner has included a condition that the proposed location of the accessory structure expansion
should be staked in the field, and the required side setback should be verified by the Building Inspector.
Accessory Structures
The Development Code permits one accessory structure per parcel for industrial uses, provided it is
used for storage related to the principal use on the property. The Planner has included the condition
from the existing CUP that states that “no separate business is allowed in the accessory structure.”
Lot Coverage
The maximum allowable lot coverage is 65% in the Industrial Park District. The existing impervious
coverage on the parcel (buildings, pavement, and compacted gravel) is approximately 34%, based on
the Planner’s calculations using a current aerial photo. The principal building expansion will be over an
existing impervious surface and will not appreciably increase the lot coverage. The coverage meets the
ordinance requirement.
Access and Traffic
The property has an existing driveway access to Ozark Court North. No change in access is proposed
for the expansion of the buildings.
The business currently has eight employees (approximately 16 trips per day), and has 1-2 deliveries
per day. The expansion may result in adding 2 employees. The expansion will not generate significant
additional traffic to and from the site.
Parking and Loading
Chapter 2, Section 3.10 of the Development Code regulates parking. The Code requires Industrial uses
to have 1 space for each 2 employees on a maximum shift or 1 for each 2,000 square feet of gross
floor area, whichever is greater. Based on these requirements, a minimum of 3 parking spaces are
required for the existing building, and 6 spaces with the expansion. The original CUP required 7
parking spaces, and this condition was maintained in the 2015 amendment. The existing parking
spaces meet the ordinance and CUP requirements.
Lighting
The Development Code, Chapter 2, Section 3.9 addresses lighting standards. The luminaire must cut
light off at an angle of 90 degrees or less. A light attached to a building may not exceed the height of
the building.
The Ordinance requires that lights be setback a minimum of 10 feet from the right of way and 5 feet
from the side and rear lot lines. The maximum height of light poles is 25’ (under the revised
Development Code the maximum height is proposed to be 18’).
The Planner has included a condition that any additional lighting must meet the Code standards.
Building Height and Materials
The maximum building height is 45 feet in the IP District. The height of the existing structures is
approximately 18 feet, based on the ordinance definition for calculation of height. The proposed
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additions to the principal building will be the same height as the existing structure, and the addition to
the accessory building will be shorter than the existing structure. The request meets the building height
requirement.
The application indicates that the materials that will be used for the expansion will match the existing
buildings.
Landscaping and Screening
Scandia Development Code, Chapter 2, Section 3.12 states that a landscaping plan is required when a
commercial building is modified or expanded. The Code requires that Commercial/Industrial land uses
provide the greater of one (1) tree per 1,000 square feet of gross building floor area or 10 trees.
The Code also requires that the front, side and rear yards facing the right-of-way shall be treated with a
ground cover material, such as a lawn, and that a minimum five-foot strip from the building walls facing
a public right-of-way shall be treated with a decorative ground cover or foundation plantings.
The existing trees on the property meet the ordinance requirement. The CUP amendment in 2008
included a condition that the area between the building edge and the parking lot must be planted with a
decorative ground cover. The Planner included a condition that the ground cover be maintained for
approval of the amended CUP.
Wastewater Treatment
No additional wastewater treatment is needed for the proposed building expansion.
Land Alteration, Grading, and Stormwater Management
The Planner has included a condition that the applicant shall obtain a grading permit from the City and
a Watershed District permit if required for the proposed expansion.
Signage
No additional signage is proposed.
Environmental Issues
The original CUP included conditions regarding waste and refuse storage. The Planner has included
that condition for approval of the amended CUP.
FINDINGS
The Planner’s analysis found that the request for the CUP Amendment is consistent with the criteria for
approval of the amendment, as follows:
1. The conditional use complies with and will not have a negative effect upon the Comprehensive
Plan, public facilities or the City’s capital improvement plans.
2. The expansion of the existing conditional use will promote and enhance the general public
welfare by providing new business activity and employment in the City. If the applicant complies
with the conditions of approval for the amended CUP the expansion of the use will not be
detrimental to or endanger the public health, safety, morals, or comfort.
3. The expansion of the existing conditional use will not impact the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted. It will not substantially
diminish or impair property values or scenic views.
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4. The expansion of the existing conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the district.
5. Adequate public facilities and services are available to accommodate the expansion of the
existing use.
6. The conditional use conforms to the applicable regulations of the Industrial Park District in which
it is located an all other applicable standards of this Chapter.
7. The expanded use will comply with the general and specific performance standards as specified
by this Section and Chapter with compliance of the conditions required for approval.
PLANNING COMMISSION PUBLIC HEARING AND DISCUSSION
The Planning Commission held a public hearing on the Am-Tec CUP Amendment request at its
meeting on May 1. The Commission received no public comments on the request. The Commission
noted that the Comprehensive Plan supports the expansion of existing businesses in Scandia. The
Commission recommended approval of the request, with the proposed conditions.
ACTION REQUESTED:
The City Council can recommend the following:
1. Approve the request.
2. Approve the request with conditions.
3. Deny the request with findings.
4. Table the request.
PLANNING COMMISSION RECOMMENDATIONS:
The Planning Commission recommends that the City Council approve the amended Conditional Use
Permit to permit the expansion of the principle building up to 5,880 square feet and to move the existing
accessory building to a new location on the parcel at 21080 Ozark Court North. The Commission
recommends the following conditions for approval:
1. The project shall be in substantial compliance with the revised plans submitted to the City on
March 29, 2018.
2. The applicant shall identify the proposed location of the accessory structure expansion on the
parcel, so that the Building Inspector can verify the required side setback.
3. The applicant shall obtain a grading permit from the City and a Watershed District permit if
required for the proposed expansion.
All relevant conditions and requirements of the existing CUP shall remain in effect. They are:
4. No separate business is allowed in the accessory structure.
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5. The area between the building edge and the parking lot must be maintained with a decorative
ground cover.
6. All applicable provisions of the Scandia Development Code shall be complied with unless
waived by this permit.
7. Design and location of all drives, parking areas, and building location shall comply with the
submitted site plan.
8. Parking area and a twenty-foot drive must be paved with seven individual parking spaces
striped. Handicap parking must be provided in accordance with ADA requirements.
9. If any outdoor lighting is proposed, lighting shall be in accordance with the standards of the
Scandia Development Code.
10. Design, locations and specifications of signs shall conform to the Scandia Development Code.
11. All waste materials and refuse shall be stored inside a fenced or screened area or inside a
structure so that the materials cannot contaminate the ground water.
12. Any alterations to any of the submitted development plans shall require an amended conditional
use permit.
13. The conditions of this permit shall apply to the land described and shall not in any way except
herein noted, be affected by any subsequent sale, lease or other change from ownership.
14. Noncompliance with the conditions and attachments of this permit shall be considered a
violation of said permit and may result in revocation of said permit.
15. The applicant shall pay all fees and escrows associated with this application.