HomeMy WebLinkAboutItem 06.iApril 16, 2015 Item No.________
A & D RECYCLING AND RECOVERY IUP
APRIL 20, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve an interim use permit
for A & D Recycling and Recovery and adopt the findings of fact.
Passage of this motion will allow A & D Recycling and Recovery to continue to operate a scrap
metal recycling business at 10811 – 215th Street until certain triggering events occur.
Overview
Andy Dunham has submitted an interim use permit (IUP) application to allow the
continuation of the scrap metal recycling business he has operated at 10811 – 215th Street in
the O-P, Office Park District for more than ten years. Mr. Dunham operates his business on a
portion of a 9.4 acre parcel owned by members of the Dunham family that also includes a
wood chipping business and semi-trailer storage.
The Planning Commission held a public hearing on the A & D Recycling and Recovery IUP
application at their April 9, 2015 meeting and unanimously recommended approval subject
to seven stipulations, which are included in the attached IUP. There was no public comment.
Primary Issues to Consider
• What Zoning Enforcement actions have occurred on the subject property?
• What are the benefits of the interim use permit?
Supporting Information
• Staff response to Primary Issues
• Interim Use Permit
• Findings of Fact
• April 9, 2015 draft Planning Commission meeting minutes
• April 2, 2015 planning report
___________________________
Daryl Morey, Planning Director
Financial Impact: $________________ Budgeted: Y/N ____ Source: ____________________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________
Community Values: Diversified Economic Development______________________________________
A & D Recycling and Recovery IUP
April 20, 2015 City Council Meeting
Page 2
Primary Response to Issue
• What Zoning Enforcement actions have occurred on the subject property?
The City has had on-going code enforcement actions on the subject property dating back
more than 30 years. In 1995, the City issued citations for illegal business uses (not
including A & D Recycling and Recovery) on the property, illegal signs, outside storage,
and construction of building additions without a building permit. In 2005, a day-long
mediation session between the City and Andy Dunham resulted in a District Court
Stipulation and Order listing conditions that allowed A & D Recycling and Recovery to
continue operating on the property. The Stipulation and Order allowed A & D Recycling
and Recovery to operate on the property until January 1, 2015 at which time it would have
to comply with Zoning Ordinance requirements. The O-P District section of the Zoning
Ordinance allows industrial uses existing on May 17, 2010 (when the Zoning Map was
amended to change the industrial zoning of properties in the area of the subject property
to office park to be consistent with the land use designations of the 2008 Comp. Plan
Update) by interim use permit.
• What are the benefits of the interim use permit?
The interim use permit lists six triggering events that would cause the A & D Recycling and
Recovery business use on the subject property to cease. Those triggering events, as
recommended by staff, the City Attorney’s office and the Planning Commission, are listed
in the attached IUP. In addition, the IUP regulates outdoor storage on the A & D Recycling
and Recovery portion of the 9.4 acre parcel. Andy Dunham has taken steps over the past
three months to clean up his business area and reduce outdoor storage on the site.
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
INTERIM USE PERMIT NO. _______
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville hereby grants an interim use permit for A & D Recycling and Recovery to allow
the continuation of an industrial business located at 10811 – 215th Street on property
zoned O-P, Office Park District.
2. Property. The interim use permit is for the following described property in the
City of Lakeville, Dakota County, Minnesota:
SECTION 36 TWN 114 RANGE 21 PT SW1/4 NE1/4 & PT SE1/4 NE1/4 BEG SE COR
SW1/4 NE 1/4 W 330 FT N 359.25 FT W 71 FT N 168.10 FT W 279.02 FT N 280.01 FT
E PARR TO S LINE NE 1/4 680.02 FT TO E LINE SW 1/4 NE 1/4 N ON E LINE 293.72
FT TO SW R/W CSAH#70 SE’LY ON R/W 232.73 FT SW’LY AT RA TO R/W 292.41
FT TO E LINE SW1/4 NE1/4 S 727.36 FT TO BEG SUBJ TO ESMNTS
3. Termination. The interim use permit shall terminate on the happening of any of
the following events, whichever occurs first:
A. Redevelopment or subdivision of the property (PID 220360007013) for a use
allowed within the O-P District.
B. Discontinuation of the scrap metal recycling use for a period of more than
one (1) year.
C. If the A & D Recycling and Recovery building is destroyed by fire or other
peril to an extent greater than 50% of its value and a building permit to
reconstruct the building has not been applied for within 180 days of when the
building was damaged.
D. Violation of the terms of this interim use permit.
E. Within one (1) year of the availability of City sanitary sewer and water to
serve the property.
F. Upon the sale of the property or transfer of the operation of the scrap metal
recycling business to another entity.
4. Conditions. The interim use permit is issued subject to the following conditions:
A. The A & D Recycling and Recovery use shall be limited to scrap metal
recycling only.
B. All dumping, sorting, and cutting of scrap metal shall take place inside the A &
D Recycling and Recovery building.
C. The outdoor storage of five (5) semi-trailers for the storage of scrap metal
shall be allowed in the locations identified on the site plan and business
narrative submitted with the interim use permit application and approved by
the City Council. No other outdoor storage is allowed, with the exception of
licensed and operable vehicles associated with the A & D Recycling and
Recovery business.
D. The storage of dumpsters on the A & D Recycling and Recovery site is
prohibited.
E. Gravel shall be placed in the main driveway for A & D Recycling and Recovery
between the building and 215th Street.
F. Compliance with applicable State, County and local regulations.
5. Criminal Penalty. Violation of the terms of this interim use permit is a criminal
misdemeanor.
DATED: April 20, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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STATE OF MINNESOTA )
(
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 20th day of April 2015
by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority
granted by its City Council.
_______________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
A & D RECYCLING AND RECOVERY IUP
FINDINGS OF FACT
On April 9, 2015 the Lakeville Planning Commission met at its regularly scheduled meeting to
consider an interim use permit to allow the continuation of an industrial business in the O-P,
Office Park District located at 10811 – 215th Street. The Planning Commission conducted a
public hearing on the proposed interim 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 O-P, Office Park District.
2. The subject site is located in Comprehensive Planning District 6, Fairfield Business
Campus/I-35/CSAH 70, which guides the property for Office Park uses and is within the
Current MUSA.
3. The legal description of the property is:
SECTION 36 TWN 114 RANGE 21 PT SW1/4 NE1/4 & PT SE1/4 NE1/4 BEG SE COR
SW1/4 NE 1/4 W 330 FT N 359.25 FT W 71 FT N 168.10 FT W 279.02 FT N 280.01 FT
E PARR TO S LINE NE 1/4 680.02 FT TO E LINE SW 1/4 NE 1/4 N ON E LINE 293.72
FT TO SW R/W CSAH#70 SE’LY ON R/W 232.73 FT SW’LY AT RA TO R/W 292.41
FT TO E LINE SW1/4 NE1/4 S 727.36 FT TO BEG SUBJ TO ESMNTS
4. Chapter 5 of the City of Lakeville Zoning Ordinance provides that an interim use permit may
not be issued unless certain criteria are 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 2030 Land Use Plan guides the subject property for Office Park uses. The
property previously was guided for Industrial uses and has been used in that manner
for more than 30 years. Comprehensive Planning District 6 objectives state that the
Office Park land use in this area of Lakeville is a long range development goal. The
scrap metal recycling business is allowed by interim use permit in the O-P District and
will expire when the property is redeveloped, subdivided, or sold or when the scrap
metal recycling business is discontinued.
b. The proposed use is or will be compatible with present and future land uses of the
area.
The scrap metal recycling business is compatible with the surrounding farm uses on
an interim basis. The interim use permit will expire when City sanitary sewer and
water is available to the subject property, which typically occurs when the surrounding
properties are developed.
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c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Given compliance with the stipulations recommended by the Planning Commission at
their April 9, 2015 meeting, the A & D Recycling and Recovery business operation will
reduce the non-conformities on the subject property.
d. The proposed use can be accommodated with existing public services and will
not overburden the City’s service capacity.
The subject property is not served by City sanitary sewer or water.
e. Traffic generated by the proposed use is within capabilities of streets serving the
property.
There will be no increase in traffic as a result of this interim use permit.
5. The planning report dated April 2, 2015 prepared by Daryl Morey, Planning Director is
incorporated herein.
DATED: April 20, 2015
CITY OF LAKEVILLE
BY: __________________________
Matt Little, Mayor
BY: __________________________
Charlene Friedges, City Clerk
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City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Daryl Morey, Planning Director
Date: April 2, 2015
Subject: Packet Material for the April 9, 2015 Planning Commission Meeting
Agenda Item: A & D Recycling and Recovery Interim Use Permit
Application Action Deadline: May 16, 2015
INTRODUCTION
Andy Dunham, A & D Recycling and Recovery, Inc., has submitted an interim use permit (IUP)
application to allow the continuation of his industrial business located at 10811 – 215th Street
as allowed by Section 11-75-9.C of the Zoning Ordinance. Andy Dunham operates the A & D
Recycling and Recovery business on a portion of a 9.4 acre parcel located between 215th
Street and CSAH 70, east of Kenrick Avenue. The 9.4 acre parcel was once part of the larger 70
acre Dunham farmstead located to the west. A & D Recycling and Recovery operates a scrap
metal recycling business in the building and general area shown on Exhibits B and C `.
EXHIBITS
Exhibit A – Zoning Map
Exhibit B – Aerial Map
Exhibit C – Site Plan
Exhibit D – Narrative
HISTORY
The City has had on-going code enforcement actions on the subject property dating back
more than 30 years. In 1995, the City issued citations for illegal business uses on the property,
illegal signs, outside storage, and construction of building additions without a building
permit. In 2005, a day-long mediation session between the City and Andy Dunham resulted
in a District Court Stipulation and Order listing conditions that allowed A & D Recycling and
Recovery to continue operating on the property. The Stipulation and Order allowed A & D
A & D Recycling and Recovery IUP
April 9, 2015 Planning Commission Meeting
Recycling and Recovery to operate on the property until January 1, 2015 at which time it
would have to comply with Zoning Ordinance requirements. Andy Dunham is seeking
approval of an interim use permit to allow his industrial use to continue to operate on the
property.
PLANNING ANALYSIS
Existing Conditions. The subject property is 9.4 acres and includes numerous buildings and
outdoor storage of semi-trailers, scrap wood and other items associated with the use of the
property by Dunham Brothers Wood Chipping and A & D Recycling and Recovery. The 9.4
acre parcel is located immediately east of the larger 70.3 acre Dunham farmstead property.
These parcels were previously one property owned by Dennis Dunham. The farm house,
outbuildings, and driveways on the larger parcel blend together with the buildings and
driveways on the smaller parcel.
Zoning and Adjacent Land Uses. The subject property is zoned O-P, Office Park District. The
adjacent land uses and zoning are as follows:
North – Dennis Dunham farmstead property and CSAH 70 (O-P District)
East – vacant farm property (O-P District)
South – 215th Street and vacant farm property (O-P District)
West – Dennis Dunham property (O-P District)
Interim Use Permit. Section 11-75-9.C of the Zoning Ordinance allows I-1 District uses
existing on May 17, 2010 by interim use permit provided the interim use terminates upon
redevelopment or subdivision of the property for a use allowed within the O-P District or as
provided for by Section 11-5-7 of the Zoning Ordinance.
Approval of this interim use permit will allow the continued use of a portion of the 9.4 acre
parcel by A & D Recycling and Recovery until certain events listed in my recommendation to
the Planning Commission occur. I have included the pertinent stipulations from the 2005
court mediated Stipulation and Order in my recommendation.
Since submitting the IUP application, Andy Dunham has removed outdoor storage items and
cleaned up his area of the subject property. Compliance with the stipulations listed in my
recommendation, along with regular inspections of the site by City and Dakota County staff,
will ensure the A & D Recycling and Recovery use of the property complies with Zoning
Ordinance requirements and environmental regulations.
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A & D Recycling and Recovery IUP
April 9, 2015 Planning Commission Meeting
RECOMMENDATION
Planning Department staff recommends approval of the A & D Recycling and Recovery
interim use permit subject to the following stipulations:
1. This interim use permit shall expire upon one of the following events, whichever
occurs first:
A. Redevelopment or subdivision of the property (PID 220360007013) for a use
allowed within the O-P District.
B. Discontinuation of the scrap metal recycling use for a period of more than one (1)
year.
C. If the A & D Recycling and Recovery building is destroyed by fire or other peril to an
extent greater than 50% of its value.
D. Violation of the terms of this interim use permit.
E. The availability of City sanitary sewer to serve the property.
F. Upon the sale of the property or transfer of the operation of the scrap metal
recycling business to another entity.
2. The A & D Recycling and Recovery use shall be limited to scrap metal recycling only.
3. All dumping, sorting, and cutting of scrap metal shall take place inside the A & D
Recycling and Recovery building.
4. The outdoor storage of five (5) semi-trailers for the storage of scrap metal shall be
allowed in the locations identified on the site plan (Exhibit C) and with the business
narrative (Exhibit D). No other outdoor storage is allowed, with the exception of
licensed and operable vehicles associated with the A & D Recycling and Recovery
business.
5. The storage of dumpsters on the A & D Recycling and Recovery site is prohibited.
6. Gravel shall be placed in the main driveway for A & D Recycling and Recovery between
the building and 215th Street.
7. Compliance with Dakota County Environmental Resources regulations.
Findings of fact in support of the interim use permit request are attached.
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