HomeMy WebLinkAboutItem 08February 17, 2012
Item No.
FEBRUARY 21, 2012 CITY COUNCIL MEETING
MIDSTATE RECLAMATION & TRUCKING CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a conditional use permit for Midstate
Reclamation & Trucking, Inc. and adopt the findings of fact as presented.
Adoption of this motion will allow the construction of an eight foot tall masonry wall to enclose the outdoor
storage area along the north, west and south sides of the Midstate property.
Overview
Midstate Reclamation & Trucking, Inc. proposes to construct an eight foot tall pre -cast concrete masonry
wall (fence) around the outside storage area of the property. Section 11 -21 -5D of the Zoning Ordinance
allows solid walls up to eight feet in height in the industrial districts subject to the approval of a conditional
use permit.
The Planning Commission held a public hearing on the conditional use permit at their January 5, 2012
meeting. This site plan proposed the solid wall in compliance with Zoning Ordinance setback requirements;
however Midstate informally requested an amendment to the Zoning Ordinance to allow the outdoor storage
and solid wall on the south side of the property abutting 220 Street to be set back 10 feet, the same as the
setback requirement for interior side and rear lot lines. A setback of 40 feet for the solid wall and outdoor
storage area was required. There was no public comment at the public hearing. The Planning Commission
recommended unanimous approval of the conditional use permit subject to the five stipulations listed in the
planning report.
At a work session on January 19, 2012, the Planning Commission discussed amending the Zoning Ordinance to
allow a reduced setback for solid walls and fences and outdoor storage areas for corner lot side yards in the I-
1 and I -2 Districts. The Planning Commission agreed to reduce the setback and the amendment was included
with the Part 2 Zoning Ordinance amendment at the February 2, 2012 Planning Commission meeting.
Primary Issues to Consider
• How does the revised site plan differ from the site plan recommended by the Planning Commission?
The revised site plan submitted by the applicant would allow the solid wall and outdoor storage area
to be set back 15 feet from the south (corner) property subject to the City Council's approval of the
Zoning Ordinance revision as recommended by the Planning Commission at their February 2, 2012
meeting.
Supporting Information
• Conditional Use Permit form
• Findings of fact
• Revised site plan dated February 10, 2012
• January 5 and January 19, 2012 Planning Commission meeting and work session minutes
• December 22, 2011 planning report
7 ,t,..4
Frank Dempsey, AICP, Ass • late PI. ner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 12-
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville approves a Conditional Use Permit for Midstate Reclamation &
Trucking, Inc. to construct an eight foot tall masonry wall in the I -2, General
Industrial District.
2. Property. The permit is for the following described property located at 21955
Grenada Avenue in the City of Lakeville, Dakota County, Minnesota:
That part of the east 660.00 feet of the west 1,320 feet of the south half
of the southeast quarter of Section 33, Township 114, Range 20 lying
south of the north 990.00 feet thereof.
3. Conditions. The permit is issued subject to the following conditions:
a) The wall shall be constructed in the locations identified on the plans
approved by the City Council, shall meet the minimum setback
requirements of the Zoning Ordinance and shall not impede the flow of
surface water through the drainage and utility easement.
b) The wall in the drainage and utility easement is subject to removal by
the city or utility company if required for maintenance or improvement of
the utility. In such case, costs for removal and replacement of the wall
shall be the responsibility of the property owner.
1
c) The color of the wall shall be compatible with the existing building and
the existing solid masonry wall on the property.
d) A building permit is required prior to commencing the installation of the
wall.
e) Outdoor storage shall meet the minimum setback requirements of the
Zoning Ordinance.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Lapse. If within one year from the issuance of this permit the conditional
use has not been completed or the use commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
The following instrument was acknowledged before me this 21 day of
February, 2012 by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of
the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation.
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
Date: February 21, 2012
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
Notary Public
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
MIDSTATE RECLAMATION & TRUCKING CONDITIONAL USE PERMIT
FINDINGS OF FACT
On January 5, 2012 the Lakeville Planning Commission met at it's regularly
scheduled meeting to consider the application of Midstate Reclamation &
Trucking, Inc. for a conditional use permit to allow the construction of a solid
masonry wall on property located at 21955 Grenada Avenue. The Planning
Commission conducted a public hearing on the proposed conditional use permit
preceded by published and mailed notice. The applicant was present and the
Planning Commission heard testimony from all interested persons wishing to
speak. The City Council hereby adopts the following:
FINDINGS OF FACT
1. The property is zoned I -2, General Industrial District.
2. The property is located in Planning District No. 8 of the 2008 Comprehensive
Plan, which guides the property for industrial land use.
3. The property is located in the City of Lakeville, Dakota County, Minnesota and is
legally described as follows:
That part of the east 660.00 feet of the west 1,320 feet of the south half
of the southeast quarter of Section 33, Township 114, Range 20 Tying
south of the north 990.00 feet thereof.
4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria and satisfied.
The criteria and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The eight foot tall solid masonry wall is consistent with the provision of the
Comprehensive Plan and with the uses allowed in the 1-2, General Industrial
District,
1
b. The proposed use is or will be compatible with present and future land uses
of the area.
Provided compliance with the stipulations of the conditional use permit, the
proposed eight foot tall solid masonry wall will be compatible with existing and
future land uses in the area.
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Provided compliance with the stipulations of the conditional use permit, the
proposed eight foot tall solid masonry wall will conform with all performance
standards contained in the Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The subject property lies within the existing MUSA. The property is
served with City sanitary sewer and city water. The proposed eight foot
tall solid masonry wall will not impact the City's service capacity.
e. Traffic generation by the proposed use is within capabilities of streets
serving the property.
The existing industrial use of the property is within the capabilities of the
streets serving the property.
5. The planning report, dated December 22, 2012, prepared by Associate Planner
Frank Dempsey is incorporated herein.
2
DATED: February 21, 2012
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
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REVISIONS
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BY
The January 5, 2012 Planning Commission meeting was called to order by Chair
Davis in the City Hall Council Chambers at 6:03 p.m.
Flag pledge and roll call of members:
Present: Chair Davis
Vice Chair Lillehei
Commissioner Boerschel
Commissioner Drotning
Commissioner Grenz
Commissioner Maguire
Ex- officio Fitzhenry
Absent: None
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The December 15, 2011 Planning Commission meeting minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
JANUARY 5, 2012
Mr. Morey explained that the Planning Commission will not have the election of
officers until the first meeting in April. He indicated that the City Council recently
changed all committee member's terms to run from April to March, rather than
January to December.
ITEM 5. MIDSTATE RECLAMATION & TRUCKING (TABLED AT THE DECEMBER 15, 2011
PLANNING COMMISSION MEETING)
Chair Davis opened the public hearing to consider the application of APPRO
Development representing Midstate Reclamation & Trucking for a Conditional Use
Permit to allow a solid masonry wall (fence) to be constructed on a property in the
I -2, General Industrial District, located at 21955 Grenada Avenue. The Recording
Secretary attested that the legal notice had been duly published in accordance with
State Statutes and City Code.
Jim Connelly, along with Jack Matasosky from APPRO Development, and Tom
Johnson, owner of Midstate Reclamation & Trucking were in attendance at tonight's
meeting. Mr. Connelly presented an overview of Midstate Reclamation &
Trucking's request. He stated that Midstate Reclamation and Trucking requested
their agenda item be tabled at the last Planning Commission meeting because they
needed a better understanding of their options for enclosing their outdoor storage
area on the south side of the property. Mr. Connelly indicated that tonight they are
requesting approval of their plans showing the solid wall (fence) in compliance
with current ordinance requirements. Ultimately, they would like the City to
consider amending the Zoning Ordinance to allow a reduced setback for solid walls
(fences) and outdoor storage abutting public streets.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Midstate Reclamation & Trucking is requesting approval to construct a
wall along the north and west property lines in compliance with the Zoning
Ordinance requirements. He indicated that the applicant's preferred design for a
future wall or fence along the south boundary would require an amendment to the
Zoning Ordinance, which would have to be discussed at a future Planning
Commission meeting.
Mr. Dempsey stated that Planning and Engineering Department staff recommend
approval of the conditional use permit, subject to the 5 stipulations listed in the
December 22, 2011 planning report.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
Planning Commission Meeting
January 5, 2012
Page 2
12.01 Motion was made and seconded to close the public hearing at 6:09 p.m.
Ayes: Boerschel, Lillehei, Davis, Maguire, Grenz, Drotning.
Nays: 0
Chair Davis directed staff to schedule discussion of the fence and outdoor storage
setback requirements in the industrial zoning districts at the next Planning
Commission work session.
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• If Midstate Reclamation & Trucking decides to install a chain link fence
along the south property line, it would only require a fence permit and not
further Planning Commission action.
• Chair Davis stated that it is great to see Mr. Johnson's business expanding
and he appreciates all their efforts on this project.
12.02 Motion was made and seconded to recommend to City Council approval of the
Midstate Reclamation & Trucking Conditional Use Permit to allow a solid masonry
wall (fence) to be constructed on a property in the I -2, General Industrial District,
located at 21955 Grenada Avenue, subject to the following 5 stipulations:
1. The wall shall be constructed in the locations identified on the plans
approved by the City Council, shall meet the minimum setback requirements
of the Zoning Ordinance and shall not impede the flow of surface water
through the drainage and utility easement.
2. The wall in the drainage and utility easement is subject to removal by the
City or utility company if required for maintenance or improvement of the
utility. In such case, costs for removal and replacement of the wall shall be
the responsibility of the property owner.
3. The color of the wall shall be compatible with the existing building and the
existing solid masonry wall on the property.
4. A building permit is required prior to commencing the installation of the
wall.
5. Outdoor storage shall meet the minimum setback requirements of the
Zoning Ordinance.
Ayes: Lillehei, Davis, Maguire, Grenz, Drotning, Boerschel.
Nays: 0
Mr. Morey clarified that City staff will work with APPRO Development and the
property owner to inform them of the date of the Planning Commission work
session so they can be part of the fence and outdoor storage setback discussion.
The next Planning Commission meeting is scheduled for either January 19 or
February 2.
There being no further business, the meeting was adjourned at 6:13 p.m.
Respectfully submitted,
Penny Bra, Recording Secreta
ATTEST:
Planning Commission Meeting
January 5, 2012
Page 3
Meeting Notes
Planning Commission Work Session
Thursday, January 19, 2012
Marion Conference Room
The Planning Commission work session commenced at 5:35 p.m. in the Marion Conference
Room at City Hall.
Commissioners Present: Chair Bart Davis, Vice Chair Brooks Lillehei, Bob Boerschel, Karl
Drotning, Gerry Grenz, and Linda Maguire.
Staff Present: Planning Director Daryl Morey and Associate Planner Frank Dempsey.
Others Present: Jack Matasosky and Jim Connelly, Appro Development, and Tony Markgraf,
Midstate Reclamation & Trucking.
Chair Davis opened the work session.
Industrial District Outdoor Storage and Fence Setback Discussion
Associate Planner Frank Dempsey handed out a letter from Jim Connelly of Appro
Development, dated January 16, 2012, explaining Midstate Reclamation & Trucking's outdoor
storage and fence setback request. Mr. Dempsey presented staff's analysis of the request from
his January 13, 2012 planning report. Staff supports a reduced setback for outdoor storage and
solid walls /fences adjacent to public streets in the 1 -1 and 1 -2 districts subject to the
considerations listed in the January 13 planning report.
The Planning Commission agreed that a reduced setback for outdoor storage and solid walls /fences
adjacent to public streets in the 1 -1 and 1 -2 districts was appropriate provided the tunnel effect can be
avoided and provided the reduced setback does not apply to major street corridors. There was
discussion about whether this issue could be addressed by business owners purchasing more land if
they needed to expand their outdoor storage area. It was pointed out that the majority of businesses in
Airlake Industrial Park are landlocked so they do not have the ability to add more property.
Staff stated that reducing the setback to 20 feet would allow adequate area for landscape
screening of the outdoor storage area from the public street consistent with the requirements of
Section 11 -21 -9A of the Zoning Ordinance. Reducing the setback to 15 feet would still allow
landscape screening of the outdoor storage area from the public street but the landscape area
would be more constrained.
The Planning Commission concurred that the considerations identified in the planning report should be
included as performance standards if the Zoning Ordinance is amended to reduce the setback. The
Planning Commission also agreed that the reduced setback for outdoor storage should only be allowed
if it is screened by a solid wall or fence (not chain link) with landscaping on the street side. The
Planning Commission further agreed that if a solid wall is used, it should be engineered for structural
stability.
Planning Commission Work Session
January 19, 2012
The Planning Commission recommended that staff highlight the major street corridors where the
reduced setback would not apply as part of the presentation to the Planning Commission for the Zoning
Ordinance amendment.
Chair Davis polled Commissioners on their recommendation for the reduced setback for outdoor
storage and solid walls /fences adjacent to public streets in the 1 -1 and 1 -2 districts. Three
Commissioners supported a 20 foot setback and three supported a 15 foot setback. Staff stated
the considerations listed in the January 13, 2012 planning report and as discussed this evening
will be incorporated into the Zoning Ordinance amendment as performance standards.
The work session was adjourned at 6:50 p.m.
ully submitted,
Daryl Mo ey, Plan
Director
2
Memorandum
INTRODUCTION
Staff suggests that the applicant has three possible options to consider:
City of Lakeville
Planning Department
To Planning Commission
From:9rank Dempsey, AICP, Associate Planner
Date: December 22, 2011
Subject: Packet Material for the January 5, 2012 Planning Commission Meeting
Agenda Item: Midstate Reclamation & Trucking Conditional Use Permit
Application Action Deadline: January 20, 2012
Midstate Reclamation & Trucking, Inc. has submitted an application for a conditional
use permit to allow the construction of an eight foot tall pre -cast stone masonry wall
(fence) around the outside storage area of their property located at 21955 Grenada
Avenue. Midstate Reclamation & Trucking, Inc. has been located at this property
since 1997. Section 11 -21 -5D of the Zoning Ordinance allows solid walls up to eight
feet in height in the industrial districts subject to the approval of a conditional use
permit.
The public hearing for the conditional use permit was scheduled for the December
15, 2011 Planning Commission meeting but was tabled at the request of the
applicant to allow time to consider options and alternate designs for screening the
outdoor storage area in compliance with the Zoning Ordinance requirements. The
applicant is requesting approval to allow the construction of the wall along the north
and west property lines in compliance with the Zoning Ordinance requirements. The
applicant's preferred design for a future wall or fence along the south boundary will
be determined at a future date.
1. Construct the wall at the allowable setback areas as allowed by the conditional
use permit.
2. Construct the wall at the allowable setback areas along the north and west
sides and transition to a chain Zink fence along the south perimeter. The
outdoor storage area setbacks must remain at 40 feet with options one or
two.
3. Apply for an amendment to the Zoning Ordinance requesting consideration of
a less restrictive setback for outdoor storage and solid wall or fence setbacks
for corner lots in the industrial zoning districts. The third option will require
that the City complete research of the industrial park to determine how other
properties in that district could be affected the such a change, particularly
those properties that have invested in screening to comply with the Zoning
Ordinance requirements between the 1970's and today.
EXHIBITS
The following exhibits are attached for your information:
A. Location and Zoning Map
B. Aerial Photo
C. Survey
D. Site and Landscape Plan
E. Wall Manufacturer Product Brochure (3 Pages)
PLAN ANALYSIS
Surrounding Land Uses and Zoning
North — Overbye Transport (I -2 District)
South — 220 Street and Airlake Airport
East — Grenada Avenue and Undeveloped Metropolitan Airports Commission
Property (I -2 District)
West — Stampings of Minnesota (I -2 District)
Existing Conditions. The property is a five acre metes and bounds described parcel
with frontage on 220 Street to the south and Grenada Avenue to the east. The
property is zoned I -2, General Industrial District and is guided as Industrial in the 2008
Comprehensive Land Use Plan. The use of the property by Midstate Reclamation &
Trucking, Inc. and the accessory outdoor storage is a permitted use of the property.
An existing eight foot tall gray pre -cast concrete wall was installed in 1998 along a
portion of the north boundary of the property with a 10 foot setback.
2
Setbacks. The following minimum setbacks are required for the proposed solid wall:
North — 10 feet
West — 10 feet
South — 40 feet adjacent to public right of way, which equals the minimum building
setback for the I -2 District.
The following minimum setbacks are required for accessory outdoor storage in the I -2
District:
North — 10 feet
West — 10 feet
South — 40 feet adjacent to 220 Street
East — 40 feet adjacent to Grenada Avenue
Wall Design. The proposed eight foot tall wall will be constructed of precast concrete
of a design referred to in the manufacturer's brochure as ledge stone. The wall columns
will also be ledge stone. The wall itself is coated with a structural concrete stain that
acts as a waterproofing coat and for color stability. The wall color on the north side will
be gray to match the existing gray wall. The west and south walls will be colored beige
similar to the color shown on the manufacturer's brochure (Exhibit E).
Drainage and Utility Easement. The west side of the property includes a 25 foot
wide drainage and utility easement with an existing drainage swale that conveys
drainage from this property and part of the properties to the west and northwest to the
drainage ditch along 220 Street. The property owner is proposing to shift the drainage
swale to the west so the proposed wall will not impact the storm water drainage.
Section 11- 21 -5.B.4 of the Zoning Ordinance allows the wall to be located in the
drainage and utility easement provided it not impede the flow of surface water. If the
City needs to utilize the easement, the fence will be removed and relocated at the
expense of the property owner.
Outdoor Storage. The original site plan approved in 1998 included a large area of the
property for outdoor storage of the equipment related to the Midstate Reclamation &
Trucking, Inc. business. There are existing pine trees and a berm that provides
landscape screening of the outdoor storage area from 220 Street. The approved site
plan showed the location of the outdoor storage area in compliance with setback
requirements. In 2010, the outdoor storage area in the southwest corner of the
property was expanded into the 40 foot setback along 220 Street. Any outdoor
storage of materials or equipment must meet Zoning Ordinance requirements.
3
Parking. The approved site plan and parking deferment for the building constructed in
1998 included the construction of 17 parking spaces on the east side of the site and 14
parking spaces were deferred. The site was constructed with 21 parking spaces. The
deferred parking spaces are located north of the existing parking lot. The deferred
parking spaces can be developed in accordance with the parking deferment agreement
in the event that additional parking spaces are needed to accommodate off - street
parking on the property.
Grading and Drainage. The grading and drainage plans have been reviewed by the
Engineering Department. A memorandum has been prepared by Mark Duchene,
Development Design Engineer, dated December 9, 2011 and is attached.
RECOMMENDATION
Planning Department staff recommends approval of the Midstate Reclamation &
Trucking, Inc. conditional use permit subject to the following stipulations:
1. The wall shall be constructed in the locations identified on the plans approved by
the City Council, shall meet the minimum setback requirements of the Zoning
Ordinance and shall not impede the flow of surface water through the drainage
and utility easement.
2. The wall in the drainage and utility easement is subject to removal by the city or
utility company if required for maintenance or improvement of the utility. In
such case, costs for removal and replacement of the wall shall be the
responsibility of the property owner.
3. The color of the wall shall be compatible with the existing building and the
existing solid masonry wall on the property.
4. A building permit is required prior to commencing the installation of the wall.
5. Outdoor storage shall meet the minimum setback requirements of the Zoning
Ordinance.
Findings of Fact are attached.
cc: APPRO Development
Midstate Reclamation & Trucking, Inc.
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