Planning Report

Date:	July 17, 2001

Case:	SP 01-09, NC 01-02, & LP 01-09

Subject:	Special Use Permit, Nonconforming Use Permit & Site Plan

Applicant:	Weyerhaeuser Recycling - 185 5th Avenue SW

Request & Background

To consider an application for a site plan review, Special Use Permit, and a type IV Nonconforming Use Permit to construct an 8,500 square foot addition to the Weyerhaeuser building located at 185 5th Avenue SW. The purpose of the proposed addition would enclose the outside storage of recyclable materials. The existing building is 38,200 square feet; if constructed, the total would be 46,700 square feet in size.

A nonconforming use permit is required because the parking lot is within the front yard setback, the building is within the front yard setback, the parking lot surface is not entirely bituminous or concrete, the parking lot does not have curbing, the site does not meet the parking requirements for a warehouse.

Outside storage of materials in an I-2 district is not allowed without a Special Use Permit. A Special Use Permit is required.

•	Type iv nonconforming use permit: Required because the following Type IV nonconformities exist on the subject site:

a.	The existing setbacks for the parking area and drive aisles do not meet the required forty (40) foot front yard setback. The existing building was constructed within the setback and the Site Plan shows striped parking stalls within the front setback of 40 feet.

b.	The truck loading areas are not paved and there is not a perimeter curb around the entire parking, loading, and drive areas.

•	Special Use Permit: At any given time, there are several semi-truck trailers parked near the east property line. Special Use Permit is required for any outside storage as an accessory use.

Outdoor paper sorting	Parking & building encroaches into front setbacks.

Weyerhaeuser operates a sorting and distribution facility on site consisting mostly of paper products and aluminum. The building addition will total 8,500 square feet with two truck garage doors. This would contain the existing outside piles of paper and provide shelter for Weyerhaeuser employees.

Weyerhaeuser proposes to provide 18 additional parking spaces to the existing 19 spaces for a total of 37 spaces. This is problematic because the parking requirement is 42 stalls; furthermore, 13 of the existing parking stalls shown on the site plan are within the 40 foot front yard parking setback requirement. Seven of these are even located upon the 5th Street SW right-of-way.

Findings

Section 8-010, Site Plan Review

Section 8-410, Nonconforming Uses

Section 11-020, Parking Standards

Section 6-140, Specially Permitted Uses in an I-2 District

Site Characteristics

1.	Location:	185 5th Avenue SW

2.	Lot Size:	3.9 acres

3.	Topography:	Flat

4.	Vegetation:	Landscaped - Mature trees and grass along 5th Avenue

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	HI Heavy Industrial

7.	Zoning:	I-2, Heavy Industrial

8.	Surrounding Land Uses:

North:	Industrial Use - I-2, Heavy Industrial

South:	Industrial Use - I-2, Heavy Industrial

East:	I-35W - Freeway

West:	Railroad Right of Way - I-2, Heavy Industrial

Site History

1.	Past Uses:	Recycling sorting and distribution facility

Departmental Considerations

Community Development

1.	Building Setbacks:	Required: 40' front; 15' side and 20' rear

Existing: 38' front, 15' side and 112' rear

2.	Parking & Drive Aisle Setbacks:	Required: 40 feet

Existing: 0-30 feet

3.	Parking Spaces Required:	Required	42 stalls

Existing	29

Proposed	47 total (both existing and proof of parking)

Note: 23 stalls in the front yard (5th Street SW) encroach into the front yard parking setback requirement of 40 feet. Seven (7) of these spaces are partially located on the 5th Street Right-of-Way. Of all the stalls in the front yard, only 6 would be considered to be conforming to the Code.

4.	Stall Size:	9 x 18 (complies).

5.	Drive Aisle Size (two way):	Required: 24 feet	Existing: 30-70 feet

6.	Landscaping:	The boulevard along 5th Avenue is landscaped with several mature trees and bushes.

The landscape plan shows 22 Amur Maple trees to screen the outside storage of truck trailers near the east lot line. Each tree is proposed to be fifteen feet apart; Staff believes that a doubling of this species spaced 7 ½ feet apart will greatly aid in screening of the truck trailers.

The photo shows Amur Maple Trees
screening Dahlke Trucking on Old
Highway 8 NW and I-694.

7.	Concrete Curbing:	Existing in car parking areas only

8.	Parking Area Surface:	Bituminous and Gravel

9.	Impact on Land Uses:	The enclosure with reduce amount of materials being blown to surrounding sites and will eliminate the visual impacts of the current outside storage.

Public Works

1.	Streets:	None

2.	Curb Cuts:	No new curb cuts proposed.

3.	Utilities:	Existing

4.	Grading/Drainage:	No changes are proposed

5.	Rice Creek Watershed District:	A permit has been applied for and will be required

6.	Environmental Concerns:	None

7.	MPCA:	Not Applicable

8.	Other Considerations:	None

Building Official

1.	Structure Size:	The addition will total 8,500 square feet

2.	Structure Height (required):	40 feet

3.	Structure Height (proposed):	34 feet

4.	Exterior Treatment:	Masonry wall painted to match existing

5.	UBC Compliance:	will be required

6.	Other Considerations:	None

Staff Comments

The applicant believes the parking requirement is excessive for the amount of employees on site. Staff believes that there is room on site to show the required parking through actual stalls and a proof of parking agreement.

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.

The proposed addition and paving of the loading and storage areas will greatly enhance this industrial parcel. The proposed screening of the semi-truck trailer storage near the interstate freeway will soften the visual affect of the site as well. Staff believes that the Special Use Permit standards listed above will be met by the proposal and conditions outlined.

Nonconforming Use Permit

As specified in Section 8-610 of the New Brighton Zoning Ordinance, no Type IV Nonconforming Use Permit shall be granted unless one or more of the following conditions are met:

a.	The total number of nonconformities is reduced.

b.	The impact of any nonconformities upon adjacent premises is reduced to the greatest practical extent.

c.	The extent of any nonconformity is reduced where practical.

The proposed addition will reduce the total number of nonconformities by eliminating the outside storage of paper materials, green metal "boxes," and added landscaping to screen truck trailers. The impact of the outside storage on adjacent properties will be reduced by minimizing the amount of materials being blown off the storage area and onto adjacent properties and the interstate freeway. The site plan shows the loading area to be paved. Presently, these areas are made up of a gravel surface; therefore paving reduces this non-conformity also.

Staff believes that the condition for approval of the Non-Conforming Use Permit are met.

Recommendation

Approval

Motion to waive the reading and recommending approval of SP 01-09, NC 01-02, & LP 01-09 to the City Council with listed conditions.

Staff Recommendation

Staff believes that the Special Use Standards are met and that one or more of the Non-Conforming Use Standards are met by the proposed application.

Staff recommends approval subject to the following conditions:

1.	Review, approval, and compliance with any requirements of the Rice Creek Watershed District.

2.	Total elimination of private parking in the public right-of-way. A new parking plan shall be re-submitted and approved by City Staff; individual parking stalls shall be striped.

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

4.	All areas utilized for off-street parking, storage and drive-aisles shall be paved with bituminous or concrete surface including the area to the east of the concrete "dolly pad" and west of the Amur Maple plantings area illustrated in the Landscape and Site Plans.

5.	Site landscaping shall be improved by twenty-two (22) Amur Maples to be planted 7 ½ feet apart in an overlapping design to encourage complete screening of semi-truck trailers.

6.	The green metal boxes stored near the east lot line and all outside paper products shall be contained wholly within the proposed addition.

7.	Provision of a bond or letter of credit in the amount equal to 100% of the cost to install landscaping, curbing and paving to ensure that these items are installed per approved plans.

Patrick Boylan, Intermediate City Planner