Commission to consider two conditional use permits, one would allow business to stay in place, other would allow new construction

Two conditional use permits are on the Jan. 2 City Commission meeting.

The first is a request for a CUP for M&D Construction to allow a contractor yard, type two land use on their property at 611 8th Ave. N.

The company has been operating on that property for some time without the zoning approval and earlier this year, the city received a complaint about the property from an area resident.

The only way to address the complaint and keep the business on the property is a CUP to allow a contractor yard in the M-2 district, according to the staff report. The contractor yard land use is only allowed within the M-2 district through the CUP process.

After getting the complaint, staff met with the M&D representatives to discuss property improvements that would be needed for the CUP to be considered compatible with the residential area to the south of 8th Avenue North, according to the planning department.

That area is zoned R-9 Mixed Residential and the area to the north of 8th Avenue North is zoned Mixed-Use Transitional. Staff has worked with the applicant to include improvements such as decorative fencing, berming, landscaping, appropriate access and parking to improve the transition from the existing contractor yard to the residential area. Repairing the sidewalk along 8th Avenue North would also be improved.

Neighborhood Council 7 voted in favor of the CUP during a November meeting. The Planning Advisory Board/Zoning Commission considered the request during a Nov. 28 meeting. Five people expressed concern about traffic, potential encroachment of a business use into the neighborhood and possible noise and fumes. The zoning commission voted to recommend approval of the CUP.

According to city staff, denying the CUP would force removal of the current use and the property would have no improved tax value.

The other CUP is for a proposal from R&S Roofing Supply to build a 10,000 square foot building at 1800 Northwest Bypass. The property is located at the southwest corner of the bypass and Watson Coulee Road and is part of a larger area zoned M-2 Mixed Use Transitional.

There are two buildings and a telecommunications tower located on the property. One of the existing buildings is used for storage and the other for office space, according to the city. The applicant wants to keep the existing building, construct the new one and remove the tower, according to the staff report.

The CUP is requested to change the nonconforming tower use to another nonconforming use listed in the ordinance, which is a “construction material sales” building.

The Planning Advisory Board/Zoning Commission recommended approval during their Nov. 28 meeting subject to these conditions:

  • changes in use must be reviewed by the planning director, who may require that the permit be amended through the same public process;
  • the permit expires one year after the date of issuance unless substantial work has started under the permit and continues in good faith to completion;
  • if the conditional use ceases to operate for more than six months, the permit expires;
  • the applicant must go through the Design Review Board process for the proposed structure design;
  • the driveway approach to Watson Coulee Road must meet current city code requirements and design standards. If a sidewalk is ever to be installed along the west side of Watson Coulee Road, the owner will cover the cost of the sidewalk along the frontages.

The project will also include improved landscaping; a new curb-cut; a stormwater plan and drainage improvements; modifications to the existing fence increasing the height from four to six feet; and new signage, lighting and parking areas, including ADA compliant spaces, according to the city.

Letters were sent to property owners within 150 feet of the proposed project, a sign was posted on the property about the public hearing and noticed was published in the Tribune in December. So far, staff hasn’t received any comment about the project. Neighborhood Council 3 was notified of the project, but unable to meet to provide comment.