Planning Report

Date:	June 15, 1999

Subject:	Special Use Permit & Site Plan Review -201 5th Street SW

Case:	SP-214, LP-356

Applicant:	Freeway Towing

Request

To consider a request for a Special Use Permit and Site Plan Review to construct a first phase 6,860 square foot building for Freeway Towing & Fuhr Enterprises, and a second phase 5,076 square foot future warehouse/office building. The Special Use Permit is required for the outside storage of vehicles associated with Freeway Towing, and to set the parking area 20-feet back from the right-of-way for I- 35W. The subject property is located at the end of 5th Street S.W., south of New Brighton Lumber, and is zoned I-2, Heavy Industrial, which allows outside storage by Special Use Permit. The area designated as "future building" will be sodded with grass in the first phase of development.

Findings

Section 6-060 Lot & Yard Standards, I-2 District

Section 6-140 Uses by Special Permit, I-2 District

Site Characteristics

1.	Location:	Generally at the south end of 5th Street SW., west of I-35W

2.	Size:	2.05 acres

3.	Topography:	Flat

4.	Vegetation:	None

5.	Sensitive Areas:	An Overhead Power (NSP) line easement along I-35W

Site History

1.	Past Uses:	New Brighton Lumber (Vacant portion)

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Proposed Use:	Site is currently vacant

2.	Surrounding Land Uses:

North:	Heavy Industrial

South:	Heavy Industrial

East:	Heavy Industrial

West:	Heavy Industrial

3.	Comp Plan Designation:	Industrial

4.	Zoning:	I-2, Heavy Industrial

5.	Building Setbacks:	Required:	40 feet front; 15 feet side and 20 feet rear

Both the future and proposed buildings meet the minimum required setbacks.

5.5	Parking Setbacks	Required: 40 feet or 20 feet by special use	Proposed: 40 & 20 feet

(Rear & Side yard)	Required: 5 feet	Proposed: 10 & 5 feet

6.	Stall Size:	Required: 9 x 18 feet / Proposed: 9 x 18 feet

7.	Parking Spaces Required:	Parking standards below are calculated based upon construction of both phases.

Phase 1 - 3,500 s.f. - warehouse &

3,360 s.f. - office:	Required: 18 Stalls / Proposed: 42 Stalls

Phase 2 - 4,569 s.f. - warehouse &

507 s.f. - office:	Required: 6 Stalls / Proposed: 7 Stalls

8.	Aisle Size (Two-way):	Required: 24 feet / Proposed: 24 feet

9.	Handicap Parking Required:	One Stall per each 25 stalls

10.	Handicap Parking Proposed:	None. As required above, 2 stalls must be designated for handicap parking.

11.	Drive Size:	Drive entrance widths are 24 feet. Section 11-020. h)10. Of the City Code requires a maximum curb cut width to be 36 feet, therefore, the proposed entrances meet the City Code requirement.

12.	Concrete Curbing:	Per Section 11-020.b of the Zoning Ordinance, all off-street driving, loading and parking areas must be constructed with a concrete curb. The applicant is proposing perimeter curbing around the customer parking and drive aisles. The vehicle storage area (fenced area) will be paved with bituminous surface, however, perimeter curbing is not required.

13.	Parking Area Surface:	The applicant is proposing to pave the entire parking surface area.

14.	Landscaping/Screening:	The applicant is proposing to screen the property from I-35W to the east with a staggered row of six foot Black Hills Spruce. The City Forester reviewed the plan and stated the Black Hills Spruce will provide an adequate screen of the site from I-35W

15.	Fencing:	The applicant is proposing a 6-foot tall chain link fence with the razor wire at the top around the vehicle storage area. Razor wire is not allowed within the City of New Brighton. However, if the applicant wishes to use barbed wire, per Section 6-400 of the Zoning Ordinance, barbed wire may be fastened to the fence at a point commencing at least seven (7) feet above the ground, provided such arms do not project outside the property.

16.	Impact on Surrounding Land Uses:	Minimal

17.	Other Considerations:	None

Public Works

1.	Streets:	No public streets are proposed.

2.	Access:	The subject property will gain access off of both 5th Avenue and an ingress Egress Easement proposed over Parcel A.

3.	Utilities:	A utility plan must be submitted showing connections for sewer and water off of 5th Street SW to Parcel B. Said utilities shall run under the utility/ingress/egress easement from the adjacent property to the north.

4.	Easements:	The existing 130-foot wide NSP easement along the eastern property line will remain. The applicant is proposing to plant a row of Black Hills Spruce and a portion of the parking lot will be located within the easement area. Therefore, a letter from NSP stating their approval of the project must be submitted.

5.	Grading/Drainage:	The grades on the site are not proposed to be altered. However, given the fact that the impervious surface of the site will be significantly increased a drainage plan must be submitted. Said plans shall be subject to review and approval of the City Engineer. Said plans may not have any negative impact on adjacent properties or drainage area.

6.	Rice Creek Watershed District:	The proposed plans will require approval of the Rice Creek Watershed District.

7.	Environmental Concerns:	None

8.	Other Considerations:	None

Building Official

1.	Structure Size:	6,860

2.	Structure Height:	25 feet tall (complies with 40' tall max.)

3.	Exterior Treatment:	Precast panels

4.	UBC Compliance:	Will be required with any new building

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	There is a significant amount of construction debris located on Parcel B. The debris must be removed.

3.	Other Considerations:	NA

Parks

1.	Park Dedication:	NA

2.	Proximity of Parks:	None

3.	Tree Preservation:	NA

4.	Impact on Parks:	None

5.	Impact on Community Facilities:	Minimal

6.	Other Considerations:	None

Fire

1.	Hydrant Locations:	NA

2.	Access to Site:	Adequate

3.	Other Considerations:	None

Police

1.	Accident Counts:	None

2.	Violations:	NA

3.	Traffic Safety:	None

4.	On-Street Parking:	NA

5.	Site Security:	NA

6.	Other Considerations:	None

Staff Comments

Special Use Permit

As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That the special 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 and impair property values within the neighborhood.

c.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

Per Section 6-140 of the City's Zoning Ordinance, outside storage may be allowed within the I-2, Heavy Industrial Zoning District by Special Use. The outside storage area will be utilized for cars that have been towed to the site. The outside storage area will be completely fenced and screened from I-35W. The public will not be allowed into the storage area. Employees will tow cars into the site, and drive them out when owners come to retrieve their cars. The site will be paved, however perimeter curbing is not required. The storage area will be locked at all times.

Per Section 11-020 of the City's Zoning Ordinance, the City Council may reduce the side street yard setback requirement from 40-feet to 20-feet as part of a site plan, where it is determined no adverse impacts would be created and would be compatible with the planned and existing characteristics of the surrounding streets and land uses. The reduced setback area is adjacent to I-35W, and should not have a negative or adverse impact on the area, as the applicant is proposing a double row of Black Hills Spruce within the 20-foot setback area, therefore, the site will not be visible from I-35W.

Motion to recommend approval of SP-214 and LP-356 subject to the following condition:

1.	Perimeter curbing shall be installed around all off-street parking areas and drive-aisles

2.	All areas utilized for off-street parking, storage and drive-aisles shall be paved with bituminous surface.

3.	Grading and drainage associated with the development shall not have any negative impacts on adjacent properties. Said plans shall be subject to review and approval of the City Engineer.

4.	A Utility Plan must be submitted showing individual lot hook up of sewer and water.

5.	Review and approval of the rice creek watershed district.

6.	A letter from NSP stating their approval of the tree planting and parking area within their easement must be submitted to the City.

7.	No razor wire may be attached to the fencing. Barbed wire it may be fastened to the fence at a point commencing at least seven (7) feet above the ground, provided such arms do not project outside the property.

Cary K. Teague, City Planner