Loading...
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 Am-Tec CUP Amendment Scandia City Council Page 2 May 15, 2018 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. Am-Tec CUP Amendment Scandia City Council Page 3 May 15, 2018 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 Am-Tec CUP Amendment Scandia City Council Page 4 May 15, 2018 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. Am-Tec CUP Amendment Scandia City Council Page 5 May 15, 2018 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. Am-Tec CUP Amendment Scandia City Council Page 6 May 15, 2018 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.