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HomeMy WebLinkAboutItem 07March 30, 2012 Item No. APRIL 2, 2012 CITY COUNCIL MEETING EMPIRE BUILDER INVESTMENTS CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve a conditional use permit for Empire Builder Investments and adopt the findings of fact as presented. Adoption of this motion will result in the construction of a second principal building and two, 72 foot tall storage silos in excess of 45 feet on the property located at 21790 Hamburg Avenue. Overview APPRO Development, on behalf of Empire Builder Investments has submitted a conditional use permit application to allow the construction of a 2,160 square foot office building and two 72.5 foot tall storage silos and a 113 foot tall off - loading elevator. The proposed storage silos will store dry portland cement which will be unloaded from freight cars, stored in the silos and loaded into semi trailers for over the road delivery. GCC of America will be the company operating the facility for the distribution of dry portland cement. The property is zoned I -2, General Industrial District which allows a building height of 45 feet unless a conditional use permit is approved to exceed that height. The applicant also proposes to construct a new office and storage building on the east side of the property for management of the transload facility. The Planning Commission held a public hearing on the conditional use permit at their March 1, 2012 meeting and recommended unanimous approval. There was public comment at the public hearing from one person representing a nearby business (Ryt -Way Industries). Two emails were received from another nearby business (Overbye Transport). The Planning Commission added a stipulation requiring that prior to City Council consideration, a neighborhood meeting be held by the applicant to discuss concerns. A neighborhood meeting was hosted by GCC of America on March 20, 2012. A copy of the meeting notes is attached. Staff recommends approval of the conditional use permit. Primary Issues to Consider What impacts will be created by the silo height and second principal building? The requested silo height and off - loading elevator of a combined 113 feet in height taller than other structures in the immediate vicinity but consistent with other similarly approved storage silos or building appurtenances in the Airlake Industrial Park vicinity with heights between 70 feet and 100 feet tall. The Federal Aviation Administration has determined that the 72.5 foot tall storage silos and combined 113 feet with the off - loading elevator pose no hazard to air navigation. The findings of fact address the conditional use permit review criteria required by the Zoning Ordinance. The product stored inside the silos, dry port /and cement, is regulated by the MPCA. Supporting Information • Conditional Use Permit form • Findings of fact • March 20, 2012 neighborhood meeting notes • March 1, 2012 Planning Commission meeting minutes • February 27 and March, 1, 2012 email from Overbye Transport • February 24, 2012 planning report di ( Frank Dempsey, AICP, Associ a Plann Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinances and Comprehensive_Pan; 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 Empire Builder Investments, Inc. to allow, 1) building height greater than 45 feet and, 2) more than one principal building on a single parcel in the I -2, General Industrial District. 2. Property. The permit is for the following described property located at 21790 Hamburg Avenue in the City of Lakeville, Dakota County, Minnesota: Lot 4, Biock 2, Airlake Industrial Park 1 Addition, Dakota County, Minnesota according to the recorded plat thereof. And also, Lot 8, Biock 2, Except the North 40 feet thereof, Airlake Industrial Park 1 Addition according to the plat thereof on file and of record in the Office of the County Recorder, Dakota County, Minnesota, and that part of Hanover Avenue in said Airlake Industrial Park 1 Addition, which was vacated by the City of Lakeville on the 1 day of October 1973, and is described as follows: That part of Hanover Avenue adjacent to said Lot 8, Block 2, Airlake Industrial Park 1 Addition, Except the north 33 feet adjacent to said Lot 8, Block 2, Airlake Industrial Park 1 Addition. 3. Conditions. The permit is issued subject to the following conditions: a) The site and building improvements shall be developed according to the plans approved by the City Council. 1 b) The recommendations listed in the February 24, 2012 engineering report must be met. c) The two storage silos shall be constructed in the location shown on the approved site plan. d) The storage silos and off- loading elevator shall not exceed 113 feet in height. e) No commercial signage shall be installed on the storage silos. All signage on the property shall meet the requirements of Chapter 23 of the Zoning Ordinance. f) Authorization for the height of the storage silos will be required from the Federal Aviation Administration (FAA) prior to the issuance of a building permit for the silos. g) The crane used to install the storage silos shall meet the requirements of the permit approved by the FAA. h) The storage silos shall be painted gray as proposed in the conditional use permit application. i) All drive and parking areas shall be paved including the drive used to access Lot 8 crossing 21725 Hanover Avenue. j) Private cross access easements shall be required on the properties located at 21725 Hanover Avenue and 7870 — 218 Street prior to the issuance of a building permit. k) All utilities shall be placed underground with the exception of the existing overhead electric power serving the property at 7870 — 218 Street. I) Water shut -off valves shall be provided for each building on the property. m) Curb and gutter shall be installed around the perimeter of the of the proposed new parking area in front of the office building. n) All new evergreen trees shall be a minimum of 8 feet in height as required by the Zoning Ordinance. A $5,000 cash or letter of credit escrow shall be submitted to guarantee completion of the landscaping. o) Building permits are required prior to commencing any construction on the property. p) MPCA permit for dust collector is required. The use of the property shall at all times comply with all federal, state and local laws and permits. 2 q) Trash containers for the office building on Lot 8 shall be stored inside the building or in a trash enclosure in compliance with the 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: April 2, 2012 BY: Charlene Friedges, City Clerk The following instrument was acknowledged before me this 2 " day of April 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 3 CITY OF LAKEVILLE BY: Mark Bellows, Mayor Notary Public CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA EMPIRE BUILDER INVESTMENTS, INC. CONDITIONAL USE PERMIT On March 1, 2012 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider the application of Empire Builder Investments, Inc. for a conditional use permit to allow: 1) building height greater than 45 feet and, 2) more than one principal building on a single parcel in the I -2, General Industrial District on property located at 21790 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 4, Block 2, Airlake Industrial Park 1 Addition, Dakota County, Minnesota according to the recorded plat thereof. And also, Lot 8, Block 2, Except the North 40 feet thereof, Airlake Industrial Park 1s Addition according to the plat thereof on file and of record in the Office of the County Recorder, Dakota County, Minnesota, and that part of Hanover Avenue in said Airlake Industrial Park 1s Addition, which was vacated by the City of Lakeville on the 1s day of October 1973, and is described as follows: That part of Hanover Avenue adjacent to said Lot 8, Block 2, Airlake Industrial Park 1 Addition, Except the north 33 feet adjacent to said Lot 8, Block 2, Airlake Industrial Park 1s 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. 1 The existing industrial use and the proposed silos and second principal building are consistent with the 1-2, General Industrial District and Industrial designated land use for the property. b. The proposed use is or will be compatible with present and future land uses of the area. The proposed silos and second principal building will be compatib le with the industrial 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 and second principal building 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 two proposed silos and second principal building will not overburden the City's service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. The two proposed silos and second principal building will not overburden the streets serving the property. 5. The planning report, dated February 24, 2012, prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: April 2, 2012 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk Lakeville Memorandum To: Frank Dempsey, Associate Planner From: Daryl Morey, Planning Director Date: March 22, 2012 Subject: GCC Neighborhood Meeting City of Lakeville Planning Department GCC and Appro Development representatives hosted a neighborhood meeting for the two proposed dry cement storage silos to be located on the Empire Builder Investments property at 21790 Hamburg Avenue. The neighborhood meeting was held on Tuesday, March 20, 2012 at 2:00 p.m. at the Holiday Inn meeting room. There were three representatives of Ryt -Way Industries and two representatives of Overbye Transport in attendance at the meeting (see attached sign - sheet). Doug Roark and Jeremiah Fromm representing GCC of America, Jack Matasosky and Cam Loung representing Appro Development, and myself were also in attendance. Mr. Roark, Vice President of Environmental Affairs for GCC, introduced the company and the efforts they make to meet environmental regulations and to be a good neighbor. He stated that the company started in Mexico in 1941 and expanded into the U.S. in the mid- 1990s. He made the following statements about the proposed silos: • Each silo will hold 750 tons of dry cement, which is storage equivalent to 7 rail cars and 28 semi - trucks. • The silos will be 72.5 feet tall with an off - loading elevator at a height of 113 feet. • They are projecting to ship 160,000 tons of dry cement per year at this location. • During normal operations, there would be 1 semi -truck on site every approximately 20 minutes during business hours. • The loadout is conducted inside the silo, which is a drive -thru configuration. • The silos will be equipped with dual 1200 cfm dust collectors, the loadout will be equipped with an 1800 cfm dust collector, and the rail off - loading will be equipped with a 600 cfm dust collector. • The dust collectors have a 99.99% dust control efficiency, which equates to less than 0.005 grains /cubic foot. At maximum operation, one tablespoon of dust would be released over the entire site per hour. • GCC requires that the drive areas on the Empire Builder Investments site be paved to minimize the amount of dust created by moving vehicles. • GCC chose the Lakeville site primarily because of the rail access but also due to its market location. The neighboring businesses expressed concerns about how dust is controlled, the noise level of the dust collectors, and the impact of dust on their mechanical equipment and their businesses. Because Ryt -Way Industries is a food packaging business and Overbye Transport does some warehousing of food grade equipment, they are very concerned they might lose customers due to a negative perception about dust impacts. They were also concerned about their insurance companies' perception about dust impacts. Questions were also raised about which businesses received mailed notice of the Planning Commission public hearing. I informed the business representatives that the conditional use permit for the height of the storage silos will be scheduled for the April 2, 2012 City Council meeting. The neighborhood meeting ended at approximately 3:30 p.m. ITEM 6. EMPIRE BUILDER INVESTMENTS, INC. Planning Commission Meeting March 1, 2012 Page 2 Chair Davis opened the public hearing to consider the application of APPRO Development, Inc. on behalf of Empire Builder Investments, Inc. for a Conditional Use Permit to allow: 1) a building height greater than 45 feet and, 2) more than one principal building on a single parcel in the I -2, General Industrial District, located at 21790 Hamburg Avenue. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jack Matasosky from APPRO Development, Inc., representing the applicant and land owner, presented an overview of their request. Mr. Matasosky indicated that the operator of the proposed storage silos is GCC of America. GCC did send a response to the air quality concerns, but the noise issue is still being researched. Mr. Matasosky stated that GCC would be willing to either hold a neighborhood meeting or sit down with those concerned and answer their questions regarding the proposed silos. Mr. Dempsey presented the planning report. Mr. Dempsey cited the zoning non- conformities on the property that would be brought into conformance with this CUP including paving the driveway and outdoor storage areas and removing a portable office building and satellite toilet. Mr. Dempsey stated that Planning and Engineering Department staff recommend approval of the CUP, subject to the 17 stipulations listed in the February 24, 2012 planning report. Chair Davis opened the hearing to the public for comment. Mike Moyer, Vice President of Operations at Ryt Way, 21850 Granada Avenue Ryt Way is one of the largest businesses in Lakeville. They are a contract manufacturing company that produces dry food packaging. Mr. Moyer's concerns are: > The height of the silos. > The proximity of the dry cement storage silos and potential airborne dust impacts to the 19 make -up air handling systems on Ryt Way's roof. > Potential for contamination to the food that they package for their customers. > Ryt Way has achieved the highest rating in the food safety category and does not want to jeopardize this. Chair Davis asked for comments from the Planning Commission. Planning Commission Meeting March 1, 2012 Page 3 12.13 Motion was made and seconded to close the public hearing at 6:15 p.m. Ayes: Boerschel, Lillehei, Davis, Maguire, Blee. Nays: 0 Chair Davis asked that Ryt Way's concerns be addressed prior to the Planning Commission discussion. Mr. Dempsey referred to the GCC response letter that was distributed at tonight's meeting. Mr. Matasosky indicated that getting CUP approval was just the first step in the process necessary to allow construction of the silos. If the City Council approves the CUP and FAA approval is also granted, the next steps would be to apply for the MPCA and City building permits. Chair Davis stated it is important to be cognizant of the neighboring businesses, especially a food operation, and to alleviate any concerns they may have. Mr. Matasosky described the dust collection equipment that is involved in the transfer of the dry Portand cement between rail cars, the silos, and semi trucks. Mr. Matasosky further stated that he spoke with Mr. Harold Overbye regarding the concerns raised in his e-mails and determined that his concerns pertained to the experience of a friend in another city who was adjacent to a ready mix plant where the concrete is mixed in open bins. Mr. Matasosky suggested that a neighborhood meeting be held prior to City Council consideration of the CUP. He indicated that GCC representatives would be in attendance to answer any questions or concerns. Mr. Morey agreed that a neighborhood meeting should be held prior to City Council consideration and that a stipulation could be added to this effect. Any concerns raised at the neighborhood meeting would be forwarded to the City Council for their consideration of the conditional use permit application. The Planning Commission agreed that the silo height request is what they need to make a recommendation on tonight and their concern should not necessarily be what is stored in the silos provided it meets all permitting requirements. The Planning Commission wanted the following to be included as Stipulation 18: 18. Prior to City Council consideration of the conditional use permit a neighborhood meeting shall be held, with a GCC USA representative Planning Commission Meeting March 1, 2012 Page 4 present, to address operational concerns regarding dust and noise from the proposed use of the silos to store dry Portland cement. 12.14 Motion was made and seconded to recommend to City Council approval of the Empire Builder Investments, Inc. Conditional Use Permit to allow: 1) a building height greater than 45 feet and, 2) more than one principal building on a single parcel in the I -2, General Industrial District, located at 21790 Hamburg Avenue, subject to the following 18 stipulations, as amended. 1. The site and building improvements shall be developed according to the plans approved by the City Council. 2. The recommendations listed in the February 24, 2012 engineering report must be met. 3. The two storage silos shall be constructed in the location shown on the approved site plan. 4. The storage silos shall not exceed 113 feet in height. 5. No commercial signage shall be installed on the storage silos. All signage on the property shall meet the requirements of Chapter 23 of the Zoning Ordinance. 6. Authorization for the height of the storage silos will be required from the Federal Aviation Administration (FAA) prior to the issuance of a building permit for the silos. 7. The crane used to install the storage silos shall meet the requirements of the permit approved by the FAA. 8. The storage silos shall be painted gray as proposed in the conditional use permit application. 9. All drive and parking areas shall be paved including the drive used to access Lot 8 crossing 21725 Hanover Avenue. 10. Private cross access easements shall be required on the properties located at 21725 Hanover Avenue and 7870 - 218th Street prior to the issuance of a building permit. 11. All utilities shall be placed underground with the exception of the existing overhead electric power serving the property at 7870 - 218th Street. 12. Water shut -off valves shall be provided for each building on the property. 13. Curb and gutter shall be installed around the perimeter of the proposed new parking area in front of the office building. 14. All new evergreen trees shall be a minimum of 8 feet in height as required by the Zoning Ordinance. A $5,000 cash escrow or letter of credit shall be submitted to guarantee completion of the landscaping. 15. Building permits are required prior to commencing any construction on the property. 16. An MPCA permit for the dust collector is required. The use of the property shall at all times comply with all federal, state and local laws and permits. 17. Trash containers for the office building on Lot 8 shall be stored inside the building or in a trash enclosure in compliance with the Zoning Ordinance requirements. 18. Prior to City Council consideration of the conditional use permit a neighborhood meeting shall be held, with a GCC USA representative present, to address operational concerns regarding dust and noise from the proposed use of the silos to store dry Portland cement. Ayes: Lillehei, Davis, Maguire, Blee, Boerschel. Nays: 0 Mr. Morey extended his thanks to Mr. Matasosky for his follow up to the concerns raised by Overbye Transport. The availability of the Planning Commission members in April was discussed. The April 5th meeting coincides with the Lakeville School District spring break so Mr. Morey needed to know if there would be a quorum that night for any regular agenda items and to see how many members would be available for a work session on Phase 3 of the Zoning Ordinance amendments. Since there were Commission members absent at tonight's meeting it was decided that the Recording Secretary would send out an e-mail to the Planning Commission members to determine their availability for April 5th. The next Planning Commission meeting is scheduled for March 15, 2012. There being no further business, the meeting was adjourned at 6:34 p.m. Respectfully submitted, Penny Bre vi g, ecording Secre Planning Commission Meeting March 1, 2012 Page 5 Dempsey, Frank From: Harold Overbye <harold @OverbyeTransport.com> Sent: Monday, February 27, 2012 11:09 AM To: Dempsey, Frank Cc: Travis Overbye; Ryan Overbye; Kari Juffer Subject: 21790 Hamburg Ave. Use Permit Overbye Transport would like to inform you of concerns we have to the Conditional Use Permit for 21790 Hamburg Ave., our concerns are both Health and Environmental. We believe the dust associated with this product will cause health concerns (Air quality) along with the continued battle of keeping our facility and equipment clean. We also do some warehousing for " Food Grade Equipment ", we are concerned as to how our Client would respond to this. There is no doubt that it will be impossible to fully contain the dust associated with this type of product. Dempsey, Frank From: Harold Overbye <harold @OverbyeTransport.com> Sent: Thursday, March 01, 2012 9:46 AM To: Dempsey, Frank Subject: 21790 Hamburg I have done some preliminary research on the GCC of America project and am now also concerned about noise pollution. My fear is that their reclamation process would include large fans running constantly. 1 Memorandum Item No. City of Lakeville Planning Department To Planning Commission From: rank Dempsey, AICP, Associate Planner Date: February 24, 2012 Subject: Packet Material for the March 1, 2012 Planning Commission Meeting Agenda Item: Empire Builder Investments, Inc. Conditional Use Permit Application Action Deadline: April 8, 2012 INTRODUCTION Empire Builder Investments, Inc. has submitted an application for a conditional use permit to allow the construction of two 113 foot tall storage silos and more than one principal building on property located at 21790 Hamburg Avenue. Empire Builder Investments, Inc. is the owner of the property. Empire Builder Investment, Inc. operates a short line railroad that provides product transloading services from rail to truck. In addition to the property located at 21790 Hamburg Avenue, the main company site is located at 21778 Highview Avenue. The proposed storage silos will store dry portland cement which will be unloaded from freight cars, stored in the silos and loaded into semi trailers for over the road delivery. GCC USA is the company that will operate the distribution of the cement products. The property is zoned 1-2, General Industrial District which allows a building height of 45 feet unless a conditional use permit is approved to exceed that height. The applicant also proposes to construct a new office and storage building on the east side of the property for the purposes of management of the transload operation from that location and storage for vehicles on that side of the property. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Property Survey D. Site, Landscape and Pavement Plan E. Grading, Drainage and Utility Plan F. Building Floor and Elevation Plan G. Photograph of Proposed Silos H. MAC Runway Protection Zone Map PLAN ANALYSIS Surrounding Land Uses and Zoning North — Industrial Building (I -2 District) South — 220 Street and Airlake Airport (I -2 District) East — Industrial Building (currently vacant) (I -2 District) West — Hamburg Avenue and Industrial Buildings (I -2 District) Property. The subject property is 4.46 acres in area and was recently combined as part of an administrative subdivision and combination with the property to the east. The site is a developed industrial use property that includes a 15,000 square foot industrial office and warehouse building including railroad spurs that cross the property within private rail easements. The property is accessed from Hamburg Avenue and from driveways located on 218 Street and Hanover Avenue. The east side of the property where the proposed two silos and new office /storage building will be located will be accessed from a shared driveway off of Hanover Avenue with the property to the north at 21725 Hanover Avenue. The site plans shows the trucks leaving the site via a shared driveway with the property to the east at 7870 — 218 Street. Non - Conformities. Zoning non - conformities on the property include no pavement on the drive areas on the subject property and the driveway on the property to the north that will be used to access the subject property (Lot 8). There is also a portable office building and satellite toilet on the property (Lot 8). Parking. The proposed 2,160 square foot office and storage building will require a total of three parking spaces. The site plan proposes six parking spaces including one handicap accessible space. The parking stall dimensions shall meet the minimum stall dimensions required by the Zoning Ordinance of nine feet by 18 feet. The perimeter of the parking lot must be paved and curbed as required by the Zoning Ordinance. 2 Vehicle Circulation. Trucks and other vehicles will entire the property from the north at Hanover Avenue and leave the site on the east side of the property to access 218 Street and Hanover Avenue. There is also a driveway connecting the site to Hamburg Avenue. Site Plan. The site includes an existing railroad spur. A second railroad spur will be installed and the railroad spur on the property to the east will be removed. The site plan includes the construction of two storage silos and a truck scale. A separate office /storage building, paving of the drive areas, parking lot for the office building and landscape screening between 218 Street and the property will also be included. Curb and gutter is required around the perimeter of the of the proposed new parking area in front of the office building. Landscaping. Seven new spruce trees will be planted on the property in addition to sod and seed in those areas that will not be used for building, driveway or rail areas as shown on the site plan. All new planted evergreen trees are required to be a minimum of eight feet tall. A cash security in the amount of $5,000 will be required for the completion of the landscaping. Building. The new office and storage building will be 19 feet, four inches tall constructed with two integrally colored shades of concrete masonry units as indicated on the building elevation plan. The proposed building height and exterior materials meet the Zoning Ordinance requirements. Material Storage Regulations. The MPCA requires a permit for the dust collector. All federal, state and local laws shall be complied with at all times as required by Section 11 -16 -21 of the Zoning Ordinance. Building Height Criteria. Section 11 -17 -7 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. The property is capable of accommodating the two proposed 113 foot tall silos 2. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. The proposed two 113 foot tall silos will not increase traffic volumes beyond what can be accommodated by the surrounding streets. 3 3. Public utilities and services are adequate. Public utilities are in place to accommodate the two proposed 113 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 minimum setback for the 113 foot tall silos is 54 feet due to the proposed height greater than 35 feet. The proposed silos will be set back 56 feet from the closest (side) property line. 5. The increased height is not in conflict with airport zoning regulations as provided in chapter 36 of this title. The west portion of the 12.5 acre property is located in State Safety Zone A as identified on the attached Exhibit E. The State Safety Zone Map does not show the area of the proposed silos to be located in either of the two State Safety Zones. The applicant has applied to FAA for permission to exceed the maximum 45 foot building height as allowed in the 1 -2 District. Authorization from the FAA will be required prior to a building permit being issued for construction of the silos Fifteen similar storage silos up to 70 feet in height and three mechanical equipment enclosures up to 100 feet in height were approved by conditional use permit for properties on 220 Street east of the subject property in 1999, 2004 and 2011, The three silos approved in 2011 have not been installed as the applicant chose not to occupy that particular property and building. 6. The performance standards and criteria of chapter 4 of this title are considered and satisfied. See attached findings of fact. 4 Multiple Principal Buildings on One Lot. Zoning Ordinance Section 11 -87 -7H allows multiple principal buildings on one lot of record, provided that: 1. The lot shall conform to the minimum lot area, lot width, and setback requirements of section 11 -87 -13 of the Zoning Ordinance. The lot exceeds the minimum lot area of one acre and lot width of 100 feet. All existing and proposed buildings meet the setback requirements of the 1 -2 District. 2. Setbacks between multiple principal buildings within the same base lot shall be a minimum of 20 feet. The two principal buildings will be set back from each other more than 20 feet. 3. All common areas including, but not limited to, open space, wetlands, greenways, stormwater basins, driveways, parking areas, sidewalk, etc., shall be maintained in one of the following ways: a. All of the property including buildings and common areas shall be owned by a single entity. b. Condominium ownership pursuant to Minnesota statutes 515A1 -106. c. The property shall be divided into a base lot and unit lots to allow for individual ownership of the principal buildings or individual tenant spaces within the principal building, with each owner of a unit lot having an equal and undivided interest in the common area, subject to the following requirements: (1) The tenant space related to each unit lot shall have an exclusive exterior entrance. (2) A management association shall be established for all commercial developments with multiple principal buildings subdivided in a base lot /unit lot configuration that is to be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of driveways and parking areas, subject to review and approval of the city attorney. There will be no common areas or condominium ownership. All building and property maintenance will be the responsibility of the property owner. 5 4. Utilities: a. Underground Or Exterior Service: All utilities including telephone, electricity, gas, and telecable shall be installed underground. Exterior utility meters and fixtures shall be located in interior side or rear yards when possible and shall be screened from view of adjacent properties and the public right of way. All utilities shall be placed underground with the exception of the overhead electric power serving the property at 7870 — 218 Street. b. Public Utility Service: Separate public utility services shall be provided to each unit unless exempted by the city engineer. RECOMMENDATION (1) Water connection: A shutoff valve for each individual unit shall be provided. (2) Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the maintenance association or owners. The existing building and the proposed new office building shall be provided a separate sewer and water service. Planning Department staff recommends approval of the Empire Builder Investments, Inc. conditional use permit subject to the following stipulations: 1. The site and building improvements shall be developed according to the plans approved by the City Council. 2. The recommendations listed in the February 24, 2012 engineering report must be met. 3. The two storage silos shall be constructed in the location shown on the approved site plan. 4. The storage silos shall not exceed 113 feet in height. 5. No commercial signage shall be installed on the storage silos. All signage on the property shall meet the requirements of Chapter 23 of the Zoning Ordinance. 6. Authorization for the height of the storage silos will be required from the Federal Aviation Administration (FAA) prior to the issuance of a building permit for the silos. 6 7. The crane used to install the storage silos shall meet the requirements of the permit approved by the FAA. 8. The storage silos shall be painted gray as proposed in the conditional use permit application. 9. All drive and parking areas shall be paved including the drive used to access Lot 8 crossing 21725 Hanover Avenue. 10. Private cross access easements shall be required on the properties located at 21725 Hanover Avenue and 7870 — 218 Street prior to the issuance of a building permit. 11. All utilities shall be placed underground with the exception of the existing overhead electric power serving the property at 7870 — 218 Street. 12. Water shut -off valves shall be provided for each building on the property. 13. Curb and gutter shall be installed around the perimeter of the of the proposed new parking area in front of the office building. 14. All new evergreen trees shall be a minimum of 8 feet in height as required by the Zoning Ordinance. A $5,000 cash or letter of credit escrow shall be submitted to guarantee completion of the landscaping. 15. Building permits are required prior to commencing any construction on the property. 16. MPCA permit for dust collector is required. The use of the property shall at all times comply with all federal, state and local laws and permits. 17. Trash containers for the office building on Lot 8 shall be stored inside the building or in a trash enclosure in compliance with the Zoning Ordinance requirements. Findings of Fact are attached cc: Empire Builder Investments, Inc. APPRO Development, Inc. 7 1 -2 Location of 21790 Hamburg Avenue Airlake Airport 1 -2 22 TH ST_W 215TH ST W w tr w 0 z x 210TH ST W 218th t City Limits 1 -2 EXHI LAKEVILLE BLVD @h@ QM @ Q ©©Q 0 ran w G w U ITA 0 Print Preview Dakota County, MN Page 1 of 1 '1111.11i; I@�IIA 11 1� 114 f, • 1 'i , Location of Proposed Office/Storage-Building 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. Map Scale 1 inch = 342 feet EXHIBIT B http: / /gisx.co. dakota. mn. us / website / dakotanetgis/ printPreview.aspx ?PrintOptData= Dakota ... 2/21/2012 s SITE I ° GU, N0. 70 HANOVER LI m� � ` I4 NE ST IN GRENADA AVENUE 6 R 8 2 2 P P1 z G7 z P1 c_ 7 (n 2g W T z N // 0 , N V / • 2 0 UTILITY - o0 LANDSCAPING BERM, REES, AND BOULDERS l a DRAINAGE BITUMINOUS 1101• m I PLATFORM 'r s INGRESS AND tkRESS EASEMENTspVER s� 'ACA5ED HANOVER A E PER DOC NO.11432330 CONCRETE CONCRETE PLATFORM GRA',Lo GE 8� 2TTUMI QL S e 1 CONCRETE WAD( LANDSCAPING L AND ` AP RM, R TREES, AND B RAIL DOCK DOC. NO. 1457 1 z DOCK DOOR 9 9 9 z F ' Z�cT;FOMM I�'cnm�c�F i A 0 2 G m a � o I Et a m PUR TRACK Eta §NT CEDAR AVENUE g z 0 HE 7 ilimixa PROPERTY ZONED 1-2 (GENERAL INDUSTRIAL DISTRICT) 3140Z 0001J NI ION 11.83d0Nd (L 311S NO ISIX3 SOW/113M ON Off-69t (ZSI3) 131 11 SITE 0 G:wK NO 70 HANOVER .I" ST YO GRENADA AVENUE 5 9 4 o N > j 0 p D > � „ 3 Z 5. 3 m 01 5'5. o> A m a 3 3 N 5 8 gi 5 A 5 9 o• A 11 A If CEDAR AVENUE > = i PROPERTY LINE 0 s g 0 z 0 BOULDER RETAINING WALL INGRESS AND EGRESS EASEMENT OVER VACATED HANOVER AVE PER DOC. NO. 1432330 GRAVEL BITUMINOUS RAMP RAIL DOCK CONCRETE EDGE OF BITUMINOUS TRUCK DOCK TRUC DOCK CONCRETE PLATFORM CONCRETE PLATFORM GRASS LANDSCAPING TRUCK DOCK TRUC DOCK CONCRETE WALK 1E1 PER DOC NO. 145759 BITUMINOUS DRIVE I BITUMINOUS 9, g EDGE OF BITUMINOUS 4:4, i L • NJ GRAVEL 16 g g SEED AND MULCH SWALE GRASS AREA AREA (HATCHED) Ill I i DRAINAGE AND UTILITY EASEMENT .4 \ P 8 EDGE OF BITUMIN•US E ,.. ir .- ID a rre,111,0111 9 b >--_. MH R. am wii99 141 . GRASS DITCH GRASS DITCH . :. 11 , _,, .?... - .... .:-:•:•:::::•:•:::::•:::::::•:::::::::: ... , 15'ST-»- ,.‘,_.,_ AND GUTTER BUILDING \ ,.,.., \ \ \ \ BITukrigu/GRAvE . L ....._ ,.\--Z.L.:-..,::•• %,;-, r I WALL WOOD DECK ■1■11111•64 CONCRETE it PAVEMENT r&I , 99 5 :, A \ A '' - ‘ 1 , . , .' . - , NEW FENCE ' : 7 , j.i,c. I HIM I CONCRETE WALK . \ , 2 ON EACH SIDE ,OF THE CENTERLINE (C) r ". FF=950.6 I BUILDING // , • a \ - k - \ \....\ , \ „....H . ' . , . . (1140-QP°F$TIEOFR :01LEwSPUB;(300'-9,),,,1 . ., IMO - ' , • = '". , ,3 BITUMINOUS -17j-Le \ \ *YA";11 li : " 4 A c B , ,o'ST'" \ \ • ... , NEW, .6 CONCRETE i \ 411b . . (SEEDED AREA) SILOS AND ELEVATOR IT, °"- BITUMINOUS m 0 BITUMINOUS . TANK 0 3.'s‘ p ..", 'Li: i EXISTING RAIL TO BE MOVED g ce PROJE MUD RAIL AT_ N.1.:' SHED 0 / - c ' e • ___/,\ N , ,.., ' . .....V.,■- 2 p PAVEINT CROSSING REGRADE AREA AFTER RAIL RELOCATE DR I BITUMINOUS 20 FOOT RAIL 20 FOOT WIDE RAIL EASEMENT imi EDGE OF BITUMINOUS ' .` - ' ' GATE, kiallitti ' ' '-' ' -' ' '` I REI7kIN1747 WALT ON EACH SIDE OF THE CENTERLINE (D) RAIES" --_ IIIIII 311S CIVOlSWiell - 11118 2) FENCE TO BE 6 FT. HIGH CHAIN UNK FENCE. SITE NW c.swi rw. 70 lawn 11 N' (21510 sr 2 - s� � GRENADA AVENUE A 6 R 8 6 8 s P r ^ : l i• o )DG) 0 M n z < N SCI O 0 0 � O O 3 3 G') Z ' D 0 c z D —1 O o m � � N.) -0 Z r z G7 Z rn c 0 2 a 2 n 0 z 0 P1 m 0 D m z En m n 0 z v 0 m 2 0 O 0 2 F F c 2 A 8 y N 52 nAZN T4 M 0 0 N ° ¢ D "r91 -'v pi 2 m { A �.rx pg o o v� a n �z In Ina � � 2 � ° a A rnN 5_,!, ti ' 1 Pi �0 ;2 FAm ig 2m v s Ap D-1 Ox O�1 -o O N 0 <0 Zm di y N N 4 29 ■ 2$ m f �g 1 3 m2 m -aim 0 N m C m C o 00 - DS y N O c O 0 �m O 2 C ei Z Z N O 22 L11 9A u y m i t O N u A P 0• 11 g 8 i z g 9g 7 Z x oFFpx o =1n II 8 CEDAR AVENUE >2 P43 A 2 0 . y c 0 � N 2;3 z0 O x m D O O D 2 y 8 F 1 kg% V g M @i A 2 mA g 5 8 9 0 All mm 2 g Z 0 m z ti 8 0 0 m -10f 0 z O Lo s ? INGRESS AND EASEMEN T '(1VER VACAASED HANOVER A9E PER DOC NO.11432336 GRA ■VIII. LANDSCAPING $ 40.00 DOCK DOOR CONCRETE EDGE OF BITUMINOUS TRUCK DOCK TRUC SOCK CONCRETE PLATFORM CONCRETE PLATFORM GRASS TRUCK DOCK RAIL DOCK PUR TRAC E ,DOC NO. 145 9 > BUILDING n,„ , , , ,,0"' PARKING 49 MAIN AND INSTALL 143 LF. I ., .,f l'ill' +4' EDGE BITUMINOUS ... ,., r ,,,... „,,iimitt.,.., 049w • • . , . . 16.i., -- ".: ;S li A N roor.14 .,_ , 1 2 c,0 :SE:ED_ AN LE . ,) BENG/1M : TOP C S G ' •... . ---• '1 DI CH ) ---"*. \ DRAINAGE AND UTILI•TY EASEMENT "46' AREA BUILDING lik. li l ' WALL WOOD DECK HA- 04 - WA K CONCRETE •11111■1111121ERNESII1MII■11-E DOLLY PAD ' BITUMINOUS N , r) , , , , , s , , ,„7, 01.. \ .., \ \--' , s , \, --: ,..:''''' ' 7 , - - ' c., .), 0,4 , /6/ , . ! ; 1 1 \\:\\ \ ' - ' ' s'e :f. . s `'% • F?' \ <, ,, . ------ PC El , h'\ \ ;';\:,,, . ' , .+' 4 ' 4 ' ''' Of ,_ ' 4 N: r .; ' ' 9so 1- , a, ' z z r) , P \ , Vri PAVEMENT GRAVEL \ g‘i • S ' co er ,/k. \\,1 ‘ lc "` 4'‘ \ ' \'' g. 'ig'ar: '''''' 1 •i OF BOULDER RETAINING ■ ■ ' EXISTING RAIL TO BE MOVED SOUTH AS SHOWN. SHEDD/ . .' ,‘ . '< . 'lt■-7,/,, ,„,-...._ ( ' 'EZ = . DRAtE REGRADE AREA AFTER RAIL RELOCATE BITUMINOUS ,,, + 0 NEW FENCE - ''' i ltiVIN• • 'N Oki 19 .... ro e— =r,.. PAVEMENT 053— LLIRIHXa MIS NO 1SIX3 saNv ON (£ :1 II' -O• PROPOSED NEIN FACILITY LAKEVILLE, MN 21496 GRENADA AVE LAKEVILLE, MN 55044 PH. 952 - 469 -2191 FAX. 952 - 469 -2193 EMAIL offIce @opprodevelopmentcom c> (1). 92' -O FLOOR PLAN BUILDING SECTION ELEVATIONS Michael Monn Architects 1955 6RINaL WAY LAKEVILLE. 104 55044- P (612) 241 -5906 E i (keemlchaslmornarcSteetelna, I hereby certify that this pb1, epeeNkatIon or report no sc wpm old that Ian a dJ1y Deemed Architect uder the lara of the State of MMeeta Michael Morn Re5Ybvtbn .21112 is DRAM DY GIEOKco _ APPROVED DY_ 15514 PATE 2/8/2012 b12 REVISIONS DAR DY 'I".1 c " ' % 4r Pr. t) V 1 w LA 1 - 11 — ' l TT •-V Memorandum To: Frank Dempsey, Associate Planner From: Mark DuChene, Development Design Engineer McKenzie Cafferty, Environmental Resources Manager Copy: Gene Abbot, Building Official Date: February 24, 2012 Subject: Empire Builder Investments Conditional Use Permit BACKGROUND The proposed site improvements will be completed by: SITE REVIEW Owner: Empire Builder Investments, Inc. Engineer /Surveyor: Jacobson Engineers Surveyors City of Lakeville Engineering Appro Development, on behalf of Empire Builder Investments, Inc., has submitted an application for a Conditional Use Permit for the construction of two 113 -ft tall cement storage silos, rail spur construction, and a new building located at 21790 Hamburg Avenue. The subject parcel is Lots 4 & 8, Block 2 Airlake Industrial Park 1 Addition and were previously combined through an administrative subdivision. The existing site of the proposed office and storage building and silos is a gravel lot south of and adjacent to Hanover Avenue. The subject parcel is bordered by Hamburg Avenue to the west, 218 Street and industrial properties to the north, south and east and by the Progressive Rail railroad to the south. The site plan proposes the construction of two 113 -foot tall concrete silos adjacent to the existing rail spur located diagonally across the property. The silos will be used to store materials for transfer from rail cars to commercial delivery trucks. A second rail spur will be constructed on the property. The site plan indicates the proposed parking areas and driveways will be paved with either bituminous or concrete pavement. A separate office and storage building is also proposed on the site and the parking lot for the building must have curbing consistent with the City Code. EMPIRE BUILDER INVESTMENTS - CONDITIONAL USE PERMIT FEBRUARY 24, 2012 PAGE 2 OF 3 PUBLIC STREETS AND ACCESS The subject parcel is currently provided access via Hanover Avenue. Ingress and egress will be from Hanover Avenue. There is an existing egress easement over the eastern 33 -feet of the parcel, Document No. 1432330, which is over the previously vacated Hanover Avenue right -of -way. The plans indicate additional proposed private driveway easements from the adjacent properties to the north and east. Copies of the private driveway easements must be provided to the City prior to the issuance of any building permits. UTILITIES SANITARY SEWER AND WATERMAIN The subject parcel is located within subdistrict SC -10200 of the South Creek sanitary sewer district as identified in the City's Comprehensive Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Lakeville /Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed site improvements. Development of the subject parcel includes the construction of a single office and storage building and the extension of a 4 -inch sanitary sewer service from the sanitary sewer main and a1.5 -inch water service from the watermain located within Hanover Avenue. The trunk sanitary sewer area charge was previously assessed and has been paid. The proposed sanitary and watermain layouts are in accordance with the City's Comprehensive Sanitary Sewer and Water Plans. Final locations and sizes of all utilities will be reviewed by City Staff with the final construction plans. A security in a form acceptable to the City for the utilities construction for the office and storage building and the restoration of Hanover Avenue must be submitted prior to the issuance of the building permit for the new building. A right -of -way permit for the utility connection in Hanover Avenue will be required prior to construction in Hanover Avenue. DRAINAGE AND GRADING The subject parcel is located within subdistrict SC -2A of the South Creek drainage district as identified in the City's Water Resources Management Plan. Currently the site mostly drains overland to the rural ditches that are part of the Hanover Avenue drainage system. There are no proposed changes to the stormwater routing. . EMPIRE BUILDER INVESTMENTS - CONDITIONAL USE PERMIT FEBRUARY 24, 2012 PAGE 3 OF 3 Proper erosion control measures must be installed prior to any land disturbance and disturbed areas not being paved must be restored with sod or seeded. STORM SEWER There are no proposed public storm sewer improvements associated with the CUP. WETLANDS There are no wetlands within the subject parcel. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A single gravel construction entrance is indicated on the erosion control notes. • A seed /mulch specification that meets City requirements. • All slopes are Tess then 3:1. • Inlet protection is included in the plans. • The NPDES requirements are included in the plan set. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. Additional measures shall be installed and maintained by the developer. The streets must be cleared of debris at the end of each day. Street sweeping must be done weekly or more often as needed. All streets must be maintained to provide safe driving conditions. RECOMMENDATION Engineering recommends approval of the CUP subject to the following requirements: • Copies of the private driveway easements must be provided to the City prior to the issuance of any building permits. • Security for the sewer and water connections, Hanover Avenue restoration and erosion control measures must be provided in a form acceptable to the City prior to issuance of building permit for any new buildings. • Contractor for the utility work must obtain a right -of -way permit prior to starting construction work within Hanover Avenue.