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Home My WebLink AboutItem 06.pMarch 16, 2012 Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve a conditional use permit for Roffe Container and adopt the findings of fact as presented. Adoption of this motion will result in the construction of two storage silos exceeding 45 feet in height on property located at 21860 Hamburg Avenue. Overview Roffe Container is a plastic container manufacturer that is proposing to purchase the subject property with the intent of relocating their business from Moorhead, Minnesota. The proposed storage silos are necessary to store plastic materials used in the manufacturing of finished plastic container products. The City Council may recall that Roffe Container previously received a similar conditional use permit to locate at 8415 — 220th Street. Roffe Container has decided to purchase the subject property at the proposed location instead and will allow previous conditional use permit to expire. The Planning Commission held a public hearing at their March 15, 2012 meeting and recommended unanimous approval. There was no public comment at the public hearing. Staff also recommends approval of the conditional use permit. Primary Issues to Consider What, if any, impact is there to properties in the area? The requested silo height of 51 feet is consistent with other similar silo structures in the area and 19 feet shorter than the silos approved for Roffe Container at their previous location. Supporting Information • Conditional Use Permit form • Findings of fact • March 15, 2012 Planning Commission meeting motion • March 9, 2012 planning report Aatt Frank Dempsey, AICP,'Asso ':te Planner MARCH 19, 2012 CITY COUNCIL MEETING ROFFE CONTAINER CONDITIONAL USE PERMIT 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 Roffe Container to allow a structure height greater than 45 feet in the I -2, General Industrial District. 2. Property. The permit is for the following described property located at 21866 Hamburg Avenue in the City of Lakeville, Dakota County, Minnesota: Lot 5, Block 2, Airlake Industrial Park 1 Addition 3. Conditions. The permit is issued subject to the following conditions: a) The silos shall be constructed in the location shown on the approved site plan. b) The silos shall not exceed 51 feet in height. c) Authorization from the FAA and MAC for the proposed silos is required prior to a building permit being issued for the silos. d) The crane used to install the silos shall not exceed the height authorized by the FAA and MAC. e) The silos shall be a color that is compatible with the principal building. 1 f) Building permits are required prior to commencing any construction or remodeling work. g) Parking spaces shall be striped as required by the Zoning Ordinance. h) Vehicles accessing the storage silos are required to drive on a paved or concrete surface. Any plans for an expanded parking lot or drive aisles will require the approval of site and grading plans. i) Principal or accessory outdoor storage on the property shall only be allowed for the occupant or occupants of the building and shall meet Zoning Ordinance requirements. 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. Date: March 19, 2012 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk The following instrument was acknowledged before me this 19 day of March 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 Notary Public CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ROFFE CONTAINER CONDITIONAL USE PERMIT FINDINGS OF FACT On March 15, 2012 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider the application of Roffe Container for a conditional use permit to allow a building height greater than 45 feet in the I -2, General Industrial District on property located at 21860 Hamburg 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 currently 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 legal description of the property is: Lot 5, Block 2, Airlake Industrial Park 1 Addition 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 existing industrial use and the two proposed silos over 45 feet tall are consistent with the 1-2, General Industrial District and Industrial designated land use for the property. 1 b. The proposed use is or will be compatible with present and future land uses of the area. The two proposed silos over 45 feet tall 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 two proposed silos over 45 feet tall will conform with the performance standards contained in the Zoning Ordinance. 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 existing industrial development and the silos will not overburden the City's service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. The existing industrial development and the silos will not overburden the streets serving the property. 5. The planning report, dated March 9, 2012, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: March 19, 2012 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk MOTION ITEM 7. ROFFE CONTAINER 12.18 Motion was made and seconded to recommend to City Council approval of the Roffe Container Conditional Use Permit to allow a building height greater than 45 feet in the I -2, General Industrial District, located at 21860 Hamburg Avenue, subject to the following 9 stipulations: 1. The silos shall be constructed in the location shown on the approved site plan. 2. The silos shall not exceed 51 feet in height 3. Authorization from the FAA "and MAC for' the proposed silos is required prior to a building permit being issued for the silos. 4. The crane used to install the silos shall not exceed the height authorized by the FAA and MAC.... 5. The silos sha11be a color, that is compatible With the principal building. 6. Building permits are required prior: to commencing any construction or remodeling work, 7. Parking spaces shall be striped,as required by the Zoning Ordinance. 8. Vehicles :accessing the storage :silos are required to drive on a paved or concrete .surface. Any plans for an expan : parking lot or drive aisles will require the approval of the site and grading plans. 9. Principal or accessory outdoor. storage on the property shall only be allowed for the occupant or occupants of'.the building and shall meet Zoning Ordinance requirements. CITY OF LAKEVILLE Planning Commission Meeting MARCH 15, 2012 Ayes: Davis, Reuvers, Grenz, Drotning, Boerschel, Maguire, Lillehei. Nays: 0 Motion passed. Memorandum INTRODUCTION Item No. _____ City of Lakeville Planning Department To Planning Commission From:JFrank Dempsey, AICP, Associate Planner Date: March 9, 2012 Subject: Packet Material for the March 15, 2012 Planning Commission Meeting Agenda Item: Roffe Container Conditional Use Permit Application Action Deadline: May 5, 2012 Roffe Container has submitted an application for a conditional use permit to allow the construction of four storage silos on property located at 21860 Hamburg Avenue. Two of the silos would be taller than 45 feet but not taller than 51 feet. The property is zoned I -2, General Industrial District which allows a building height of 45 feet unless approved by conditional use permit to exceed that height. Roffe Container is a plastic container manufacturer that is proposing to purchase the subject property with the intent of relocating their business from Moorhead, Minnesota. The proposed use of the property for the manufacturing of plastic products by extrusion blow molding is considered a permitted use of the property in the I -2 District. The pellets will arrive by rail car which will then be loaded into the silos via flexible piping and vacuum suction. The proposed storage silos are necessary to store plastic materials used in the manufacturing of finished plastic container products. The Planning Commission may recall that Roffe Container came before them on July 7, 2011 for a similar conditional use on property located at 8415 — 220 Street. While that conditional use permit was approved by the City Council on July 18, 2011, Roffe Container ultimately decided against locating at that site and has now decided to purchase the property on Hamburg Avenue for which this conditional use permit is proposed. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Applicant Narrative and Company Summary (2 Pages) D. Property Survey /Site Plan E. Silo Illustration F. MAC Runway Protection Zone Map PLAN ANALYSIS Surrounding Land Uses and Zoning North — Empire Builder Investments, Inc. facility (I -2 District) South — Dayton Freight Property (I -2 District) East — Overbye Transport (I -2 District) West — Hamburg Avenue and Menasha Packaging Company (I -2 District) Property. The subject property is 4.75 acres in area and consists of one 45,000 square foot office, manufacturing and warehouse building constructed in 1968 as well as a paved parking lot. Roffe Container proposes to occupy 20,000 to 25,000 square feet of the building. A rail spur runs on the north side of the property parallel to the building. Roffe Container anticipates that up to 10 employees may be located at the facility within the next year. Roffe Container has not indicated any expansions or significant modifications to the interior of the building that would require an expansion of the parking area. Vehicles accessing storage silos are required to drive on a paved or concrete surface. Any plans for an expanded parking lot or drive aisles will require the approval of site and grading plans. Outdoor storage on the property is not proposed by Roffe Container. Principal or accessory outdoor storage on the property shall be allowed only by an occupant or occupants of the principal building and shall meet Zoning Ordinance requirements. Building Height Criteria. Section 11 -17 -7E of the Zoning Ordinance allows buildings to exceed the height limitations established within the individual zoning districts through a conditional use permit provided that: 1. The site is capable of accommodating the increased intensity of use. 2 The property is capable of accommodating the two proposed 51 foot tall storage silos provided any vehicle access to the silos is paved as required by the Zoning Ordinance. 2. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. The two proposed 51 foot tall silos will not increase traffic volumes beyond what can be accommodated by the surrounding streets. 3. Public utilities and services are adequate. Public utilities are in place to accommodate the two proposed 51 foot tall silos 4. For each additional story over three (3) stories or for each additional ten feet (10') above thirty five feet (35`), front and side yard setback requirements shall be increased by five feet (5'). The minimum building setback requirements in the 1-2, General Industrial District are as follows: Front — 40 feet Sides —10 feet Rear — 30 feet The min /mum setback for the 51 foot tall silos is 15 feet. The proposed silos will be set back 23 feet from the north s /de property line, the property line nearest the silos, exceeding the additional setback requ /rement. The two 45 foot tall silos will be 12 feet in width and the two 51 foot w /de silos will be 14 feet in width. The silos will be an office white, egg shell finish. 5. The increased height is not in conflict with airport zoning regulations as provided in chapter 36 of this title. The subject property is not located w /thin a flight safety zone ofA/rlake Airport according to the State Safety Zone Map but the installat /on will requ /re FAA approval of the silo height and the crane used during construct /on. Roffe Container has applied to the FAA for the proposed silo height and crane. Authorization from the FAA and MAC will be required prior a building permit being issued for the silos. 6. The performance standards and criteria of chapter 4 of this title are considered and satisfied. Findings of Fact are attached 3 RECOMMENDATION Planning Department staff recommends approval of the Roffe Container conditional use permit subject to the following stipulations: 1. The silos shall be constructed in the location shown on the approved site plan. 2. The silos shall not exceed 51 feet in height. 3. Authorization from the FAA and MAC for the proposed silos is required prior to a building permit being issued for the silos. 4. The crane used to install the silos shall not exceed the height authorized by the FAA and MAC. 5. The silos shall be a color that is compatible with the principal building. 6. Building permits are required prior to commencing any construction or remodeling work. 7. Parking spaces shall be striped as required by the Zoning Ordinance. 8. Vehicles accessing the storage silos are required to drive on a paved or concrete surface. Any plans for an expanded parking lot or drive aisles will require the approval of site and grading plans. 9. Principal or accessory outdoor storage on the property shall be allowed only by the occupant or occupants of the building and shall meet Zoning Ordinance requirements. cc: Roffe Container 4 1 -2 Airlake Airport Location of 21860 Hamburg Avenue 215TH ST W 22 TH ST W 1 -2 w City Limits P /OS w 0 C -2 1 -2 LAKEVILLE BLVD w w U' EXHIBIT A ti Print Preview ti Jt Dakota County, MN Page 1 of 1 Locat o` cat 21860 _ Hambur = Avenue ! 11 g Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. • Mao Scale 1 inch = 506 feet EXHIBIT B http: / /gisx.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData = Dakota ... 2/15/2012 Lakeville, Minnesota CUP Application, February 2012 In June of 2011 Roffe Container received a Conditional Use Permit from the city of Lakeville to allow the construction of resin storage silos at 8415 220 St. Roffe container was not able to reach an acceptable lease agreement on the property. Subsequently, there is a 4.87 acre property at 21860 Hamburg Avenue that Roffe Container would like to move into by June of 2012. The company would occupy 20 to 25,000 square feet of the 45,000 square foot building. Roffe Container still plans to produce blow molded food grade, cosmetic, and industrial fluid containers from High Density Polyethylene (HDPE). The company owns two 12' diameter, 45 foot tall (including railing) silos and two 14' diameter, 51 foot tall (including railing) silos. This application is to erect the silos parallel to the Progressive rail line bordering the building on the north. Roffe Container plans to put a concrete pad designed to hold the silos in the ground in early May 2012. The silos are currently in Bloomington and would be moved to Lakeville mid May 2012. Roffe Container would also like confirmation that the business of extrusion blow molding is the same class as the plastic film manufacturing performed by GenPak, the previous tenants of 21860 Hamburg Avenue. EXHIBIT C Roffe Container Oh1F 1`, 1rtATEF. &JUIICE INOUSTRI :L HONEY CUSTOM BLOW MOLDING 218 - 233 -5145 ROFFE CONTAINER, INC. Blow Molding Company Roffe Container, Inc., established in 1981, is an extrusion blow molding company providing quality containers to the dairy, water, juice, honey and industrial markets in the Midwest. At Roffe Container, we specialize in medium to large production runs of HDPE and LDPE bottles along with custom blow molded products providing a product, at a competitive price while exceeding customer standards. Container sizes from 12 oz. to 1 gallon and custom products are produced. Our commitment at Roffe Container is to provide the customer with the value and service needed and deserved. The plant operates 24 hours a day, 5 days a week and enjoys an outstanding reputation with it's customer base through consistent and on time delivery of high caliber containers. Dairy, Water and Juice Bottles 4 Industrial Bottles Honey Bottles Custom Blow Molding Page 1 of 1 http: / /www.roffecontainer.com/ 02/15/2012 8 C 1 i t. B nit 'MN kJ! e is 0/ UP 0107 10 aoa �wn.aa •� a it) t 10. 1 I 3 R 4 I ,A I t• BURG A t r- , r lr'tv� .vhe, n v t Cl.v s 031'40 V1 330.02 OWNER: NAM MC 1 r"i r-^"R r^) I 1 "REP 0._1∎7x1 1 1 vv Fi L- vlvILIL.F\ l ^ - r - A r\r\ITinh 1 i.: 1 nvL/I 1 Ivi v 4 rig 1 1 4. tql.! ty rt thrf It 1 :l t ; t °+ It ; c I ": a i ll; It Pt: : 1 1111 t f Bock & Clark's National Surveyors Network National Coordinators of ALTA/ACSM Land Title Surveys W Norl4 Cte.Nd1d- ioseod R1xd Aka" a* 44313 l'Ar i_il FR Als6 /.1101 614:1506 0...f . y 1 Pit 1E'4 101 110 411 g hi dJ ID g W EXHIBIT E r wo EXHIBIT F CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ROFFE CONTAINER CONDITIONAL USE PERMIT FINDINGS OF FACT On March 15, 2012 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider the application of Roffe Container for a conditional use permit to allow a building height greater than 45 feet in the I -2, General Industrial District on property located at 21860 Hamburg 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. FINDINGS OF FACT 1. The property is currently 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 legal description of the property is: Lot 5, Block 2, Airlake Industrial Park 1 Addition 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 existing industrial use and the two proposed silos over 45 feet tall are consistent with the 1-2, General Industrial District and Industrial designated land use for the properly. b. The proposed use is or will be compatible with present and future land uses of the area. 1 The two proposed silos over 45 feet tall 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 two proposed silos over 45 feet tall will conform with the performance standards contained in the Zoning Ordinance. 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 existing industrial development and the silos will not overburden the City's service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. The existing industrial development and the silos will not overburden the streets serving the property. 5. The planning report, dated March 9, 2012, prepared by Associate Planner Frank Dempsey is incorporated herein. 2