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HomeMy WebLinkAbout2022-010 (Rejecting an Appeal to, and Upholding CPC Approval of, a CUP for Outside Storage Associated with Stillwater Towing at 1749 Greeley Street South (CPC Case No. 2021-57 & 2021-66))City of Stillwater Washington County, Minnesota RESOLUTION 2022-010 A RESOLUTION REJECTING AN APPEAL TO, AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF, A CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE ASSOCIATED WITH STILLWATER TOWING TO BE LOCATED AT 1749 GREELEY STREET SOUTH CPC CASE NO. 2021-57 & 2021-66 WHEREAS, Rick Ritzer of RMR of Stillwater LLC ("Landowner") owns property at 1749 Greeley Street South, legally described on Exhibit A ("Landowner Property"); and WHEREAS, the property owner intends to operate his business, Stillwater Towing, from the Landowner Property located in the Business Park - Industrial District zoning district; and WHEREAS, Stillwater Towing's business operations include the outside storage of automobiles; and WHEREAS, Stillwater City Code Section 31-325, Allowable Uses in Non -Residential Districts, indicate Outside Storage is allowed by Conditional Use Permit (CUP) in the Business Park - Industrial zoning district; and WHEREAS, on September 23, 2021 the Landowner submitted a CUP application for a Conditional Use Permit for outside storage to be allowed on the Landowner Property and a Variance to the tree replacement requirements of the Tree and Forest Protection regulations; and WHEREAS, on October 25, 2021 the Stillwater Planning Commission opened and, after taking public testimony, closed a public hearing regarding the Landowner's outside storage CUP and associated variance request; and WHEREAS, at their October 25, 2021 meeting, the Stillwater Planning Commission determined the proposed structure or use conforms to the requirements and the intent of the zoning code, the comprehensive plan, relevant area plans and other lawful regulations and that, with certain condition, the use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. In a 6-1 vote, the Commission moved to conditionally approve the Conditional Use Permit but to deny the tree replacement requirements of the City's Tree and Forest Protection regulations; and WHEREAS, on November 2, 2021 the City of Stillwater received two requests appealing the decision of the Planning Commission. The first, from Tom and Miray Coleman of 809 Everett Drive, Stillwater, objected to the Planning Commission's conditional approval of the outside storage Conditional Use Permit. The second, from the landowner, appealed the Planning Commission's denial of the variance to the tree replacement requirements; and WHEREAS, on December 3, 2021 the Landowner withdrew the tree replacement variance request in writing; and WHEREAS, on December 7, 2021 the Stillwater City Council opened and, after taking public testimony, closed a public hearing regarding the Landowner's outside storage CUP. After deliberation and in a 5-0 vote, the Council elected to table consideration of the matter to the January 4, 2022 meeting and directed staff to explore how approving outside storage for automobiles might affect the BP -I district as well as strengthen recommendation of approval; and WHEREAS, on January 4, 2021 City staff presented requested information to the Council and, after deliberation of the matter the Council determined outside automobile storage is permissible in the BP -I district and, with certain condition, the proposed CUP would conform to the requirements set forth in City Code for the issuance of the permit. In a 4-1 vote, the Council moved to reject the appeal and uphold the Planning Commission's approval and directed staff to bring back an approval Resolution with appropriate conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby rejects the appeal to CPC Case No. 2021-57 and upholds the Planning Commission's approval with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with CPC Case No. 2021-57 in the Community Development Department, except as may be modified by the conditions herein: a. Demolition Plan Sheet C100 Dated 9/15/2021 b. Paving Plan Sheet C200 Dated 9/15/2021 c. Grading Plan Sheet C300 Dated 9/15/2021 d. Utility Plan Sheet C600 Dated 9/15/2021 2. Outside storage of disabled, abandoned, and/or impounded vehicles shall occur either in enclosed buildings or fenced and screened outdoor locations as depicted on the plans cited in these permit conditions. 3. Outside storage of disabled, abandoned, and/or impounded vehicles shall be stored in an orderly manner, similar to that of a striped commercial parking lot. 4. Disabled, abandoned, and/or impounded vehicles may not be stored onsite for greater than allowed by law for a maximum of 180 days. 5. The property shall not be used for the sales of vehicles, parts or salvage operations. 6. The property shall not be utilized for rental storage. 7. Improved parking areas to the north and south of the building shall be used for customer, staff and business vehicle trucks. These parking areas shall not involve sales, dead storage, repair work, or dismantling of any kind. Temporary parking of vehicles or those waiting for repair or customer pickup may occur in non -screened areas for a period of 48 hours or less. 8. Prior to outside storage occurring on the east 1.3 acres of disturbed area, the property owner must improve the surface material to City Code standards. Plans for improvement shall be submitted to and reviewed/approved by the City Engineering Department prior to ground disturbance. 9. A 10' opaque fence of quality design shall be installed. Additionally, it shall be surrounded by year-round landscaping including, but not limited to coniferous trees and shrubs. Prior to the installation of the fence, the owner shall secure necessary fence and/or building permits from the City of Stillwater. 10. The property owner shall submit a detailed landscape plan, developed by a landscape professional, which shows: a.Any significant trees removed above the allotted 35%, replaced on a 1:1 basis. b. All areas of a lot not used or improved for parking, driveways, or storage areas shall be landscaped with a combination of trees, shrubs, flowers, and ground cover. c. Landscaping that will grow up within three years to cover 50% of the fence face area on the front and side yards. d. Landscaping that will grow up within three years to cover greater than 50% of the fence area on the rear yard. This landscaping can incorporate existing vegetation so long as it does not contain nuisance, noxious, or invasive species. e.No more than 50% of the required trees shall be of one species. f. Seeding, with seed mix identified, of all disturbed areas. The landscaping plan shall be reviewed and approved by the City Natural Resource Technician, or designee prior to the issuance of building, fence, and/or grading permits. 11. The property owner shall submit a photometric plan with shop drawings of light -type for review by City staff prior to the issuance of a building, grading, and/or fencing permit. Light source screened from adjacent properties/cut-off screen to direct lighting downward from source. 12. A grading permit shall be required prior to earthwork commencement and the City shall retain a commercial grading permit escrow deposit for the work. a. The escrow deposit shall be held for a minimum of one year after all stormwater management and landscaping has been installed and inspected. b. In the event the stormwater improvements are insufficient, erosion is occurring, or landscaping or trees have died after a full growing seasonal, the City retains the right to utilize the escrow funds to make necessary repairs. 13. The MSCWMO's conditions shall be incorporated into the grading permit plans. a. Final construction plans are provided with details of proposed stormwater management facilities including identification of a test method to demonstrate the infiltration basins are functioning, a way to visually verify the underground system is operating as designed, and adequate construction guidance to prevent clogging or compaction. b. A SWPPP is provided with contact information and training requirements for responsible parties, a 7-day time frame for stabilization, requirements for maintenance and inspection records, and ESC item tabulated quantities. c.Conveyances of easements or maintenance agreements, or both for the portions of the property which lie below the 100-year flood level for stormwater management facilities and are provided. d.A maintenance agreement is provided. 14.Final plans shall be reviewed and approved by the City Engineering Department prior to project commencement. 15.Environmental testing of the water runoff would occur for two consecutive years and every other year thereafter. The property owner will be responsible for providing documentation to the City of Stillwater for verification this has occurred. 16.Retaining walls over four feet in height require a building permit and must be designed by a licensed engineer. 17.Prior to the release of a grading permit, the property owner shall secure a private utility easement from the property owner below the outlet area. 18.The owner will need to combine properties with Washington County Property Records and Taxpayer services prior to the City's issuance of a building, grading, or fence permit. 19.The property owner shall obtain permission from Washington County for work needed on Greeley Street South which may include, but not be limited to, a highway access permit. 20.This Conditional Use Permit for outside storage is subject to review upon complaints from the neighborhood. If in the opinion of the Community Development Director the complaints are substantiated, a public hearing must be held at which time additional conditions may be added to this permit or, in the alternative, the use permit may be revoked. 21.All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any significant changes must be approved by the City Council. Enacted by the City Council of the City of Stillwater, Minnesota this 18th day of January, 2022. • Ted Kozlowski, Mayor