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HomeMy WebLinkAboutItem 09 Date: Item No. EMPIRE BUILDER INVESTMENTS (PROGRESSIVE RAIL) CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to: 1) approve the Empire Builder Investments (Progressive Rail) conditional use permit and adopt the findings of fact and, 2) the Site Improvement Performance Agreement and Stormwater Management Agreement. Overview Representatives of Empire Builder Investments, Inc. (Progressive Rail) request approval of a conditional use permit to allow a liquid propane (LP) storage and dispensing facility to be located on property at 21778 Highview Avenue. The proposed LP storage tanks are an allowed use in the I-2, General Industrial District subject to approval of a conditional use permit. The LP storage would be in conjunction with receiving rail shipments of the LP, transferring to storage tanks, and final distribution of LP from the subject property to customers via trucks. The Planning Commission held a public hearing on January 4, 2018 to consider the conditional use permit request. The Planning Commission recommended unanimous approval subject to the 15 stipulations listed in the December 29, 2017 planning report. There were no public comments at the public hearing. Primary Issues to Consider Is the proposed outdoor storage and transfer of liquid propane storage tanks compatible with the industrial use of the property and other nearby industrial properties? The proposed storage and handling of the liquid propane will meet all setback and fire safety requirements subject to compliance with the stipulations of the conditional use permit. In addition, Progressive Rail has agreed to address the non-conformities identified by staff as part of the conditional use permit request. Supporting Information • Conditional use permit form • Findings of fact • Site Improvement Performance Agreement and Stormwater Management Agreement • January 4, 2018 draft Planning Commission meeting minutes • December 29, 2017 planning and engineering reports Financial Impact: Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner January 16, 2018 None Zoning Ordinance 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 18-____ 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. (Progressive Rail) to allow liquid propane storage on property in the I-2, General Industrial District located at 21778 Highview Avenue. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 1, Block 1, Empire Builder Investments First Addition 3. Conditions. The conditional use permit is issued subject to the following conditions: a. All areas of the outdoor storage yard that are driven on, parked on or used for outdoor storage of products that can be wind-blown or carried by site drainage into the storm sewer system shall be paved with asphalt bituminous. b. All required State of Minnesota permits and certifications shall be obtained and remain in good standing prior to the commencement of liquid propane delivery to the subject property, transfer to the storage tanks, transloaded to delivery trucks and transportation of the liquid propane fuel on public roads. c. Waste products, as defined by the Zoning Ordinance, shall not be stored on site. 2 d. Compliance with the requirements listed in the Engineering Division memorandum dated December 29, 2017. e. A minimum of 50 paved and striped parking spaces shall be available for parking at all times. All vehicle parking shall occur on designated spaces paved with bituminous asphalt in accordance with the approved site plan. f. The outdoor storage area and parking area shall be paved with asphalt bituminous surfacing no later than June 1, 2018 in accordance with the approved site plan. A cash or letter of credit security in the amount of $66,000 shall be submitted to guarantee completion of the additional asphalt bituminous paving. g. All non-compostable materials such as litter, fine metals, plastics, glass, or other materials that can be carried by into the storm sewer system shall be swept and properly disposed of on a regular basis. h. Permanent or temporary outdoor storage of material shall not occur between Highview Avenue and the west side of the building. i. The LP office/control building exterior building materials shall comply with Zoning Ordinance requirements. j. All landscaping on site shall be maintained and kept free of dead materials. The gravel surface area north of the main building and adjacent to the Wausau Supply property shall be restored with grass and landscaping in accordance with the landscape plan approved with the 1998 preliminary and final plat. Any dead landscape materials shall be replaced with like materials in compliance with Zoning Ordinance requirements. k. Installation of any lighting shall require an electrical permit and shall be down-cast style fixtures. l. A parking deferment agreement shall be approved prior to the issuance of a building permit for the propane storage facility. m. LP delivery trucks shall not be stored on site unless located on a bituminous asphalt paved surface and not within the parking spaces required for the Progressive Rail building. 3 n. A building permit is required prior to installation of the propane storage tanks. o. The Fire Marshal shall approve the liquid propane storage facility prior to issuance of a building permit. 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 of the issuance of this conditional use permit, construction of the project has not commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Date:_______________________ CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 16th day of January, 2018 by Douglas P. Anderson, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA EMPIRE BUILDER INVESTMENTS, INC. CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On January 4, 2018 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider a conditional use permit for Empire Builder Investments, Inc. to allow liquid propane storage in the I-2, General Industrial District located at 21778 Highview 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 located in Planning District No. 8 of the Comprehensive Plan, which guides the property for industrial uses. 2. The property is zoned I-2, General Industrial District. 3. The legal description of the property is: Lot 1, Block 1, Empire Builder Investments First 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 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. Finding: The proposed liquid propane storage tanks are an allowed use on the industrial guided and zoned property. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: Provided compliance with the conditional use permit, the proposed liquid propane storage tanks will be compatible with existing and future land uses in the area. 2 c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the conditional use permit, the proposed liquid propane storage tanks 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. Finding: The subject property lies within in the current MUSA. The property is served with City sanitary sewer and water. The use of the property for liquid propane storage will have no impact on the City’s service capacity provided compliance with the stipulations of the conditional use permit. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: Traffic generated by the liquid propane storage facility is within the capabilities of Highview Avenue which serves the property. 5. The planning report dated December 29, 2017 prepared by Associate Planner Frank Dempsey is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached thereto. DATED: January 16, 2018 LAKEVILLE CITY COUNCIL BY: _________________________ Douglas P. Anderson, Mayor BY: _________________________ Charlene Friedges, City Clerk 1 City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: December 29, 2017 Subject: Packet Material for the January 2, 2018 Planning Commission Meeting Agenda Item: Empire Builder Investments (Progressive Rail) Conditional Use Permit Action Deadline: January 21, 2018 INTRODUCTION Representatives of Empire Builder Investments, Incorporated (a/k/a Progressive Rail) have submitted an application and plans for a conditional use permit to allow liquid propane (LP) storage tanks and dispensing facility to be located on property at 21778 Highview Avenue. The proposed LP storage tanks are an allowed use in the I-2, General Industrial District subject to approval of a conditional use permit. The LP storage would be in conju nction with receiving rail shipments of the LP, transferring to storage tanks and final distribution of LP from the subject property to customers via trucks. EXHIBITS A. Location and Zoning Map B. Aerial Photo Map C. Site Plans (2 Pages) D. Site/Grading and Utility Plan E. New Building Elevation and Floor Plans (2 Pages) 2 F. Storage Tank Sample Photo and Layout Sketch (2 Pages) G. December 4, 2017 Site Inspection Photos (4 Pages) H. Historical Aerial Photos of outdoor storage areas (3 Pages) I. 1998 Landscape/Site Plan STAFF ANALYSIS Background. The subject property was developed in 1999 by Empire Builder Investments, Inc. for use as an office, maintenance and storage building and also a transload facility for the rail company. The property totals 15.9 acres in area. The building totals 115,000 square feet which includes the 48,000 square foot addition constructed in 2000. The rail transload and outdoor storage facility includes a variety of products including various raw materials and other products which are transported to customers via truck for final distribution. Progressive Rail also operates transload and shipping facilities in Bloomington, Cannon Falls and Randolph. Zoning. The subject property is zoned I-2, General Industrial District. Section 11-87-7.D of the Zoning Ordinance allows crude oil, gasoline or other liquid storage tanks by conditional use permit. Section 11-4-7.E requires that the Planning Commission consider possible effects of the proposed use with its judgement based upon, but not limited to, the following factors: 1. 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 property and proposed uses are consistent with the industrial land use designation of the Comprehensive Plan. Specific land use policies directed by the Zoning Ordinance are addressed in this planning report with specific conditions included as necessary to assure compliance with the Zoning Ordinance. 2. The proposed use is or will be compatible with present and future land uses of the area. The industrial use of the property, as well as the proposed use of LP storage tanks, are allowed industrial uses are consistent with other industrial uses in the area. 3. The proposed use conforms with all performance standards contained in this code. The proposed use will conform with all performance standards contained in the Zoning Ordinance subject to the stipulations recommended in this report to be included in the conditional use permit. 3 4. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. The proposed use including LP storage tanks on the property can be accommodated with existing public services including sanitary sewer, water and stormwater facilities and will not overburden the city’s service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generated by the introduction of LP storage tanks on the property is within capabilities of streets serving the property. Non-Conforming Conditions. Any request for a conditional use permit necessitates the review of the property for any zoning noncompliance issues so as not to increase the non-conforming conditions on the property. Staff inspected the property on December 4, 2017 after receiving the conditional use permit application. Non-conforming conditions that were identified include: 1. Unpaved outdoor storage area (allowed when the site was developed in 1998) 2. Outdoor storage area not swept or otherwise maintained to control materials from discharging to stormwater basins 3. Unmaintained drainage catch-basins and stormwater basins 4. Vehicles driving and parking on unpaved surfaces outside of designated parking spaces 5. Deferred parking spaces used for the storage of products and materials. 6. Outdoor storage of materials in the front yard of the property (as viewed from previous inspections and aerial photos) Action Plan. The applicant proposes to pave a two-way entrance drive along the north side of the building and pave the drive lanes for ingrees and egrees between the main north entrance and the LP facility and back to the main access drive along the north side of the building. The applicant has also committed to improving maintenance of loose materials on the site including general site clean-up and maintenance of storm water basins. Site Plan. Progressive Rail proposes to increase the pavement width along the north side of the building to allow two-way vehicle traffic into and out of the outside storage yard. Asphalt bituminous paving will also be installed over approximately one acre of the outdoor storage yard to include the drive aisles for the liquid propane transload vehicles. Paving of the drive lanes in the outdoor storage area will reduce the non-conforming outdoor storage surfacing requirement and allow Progressive Rail to sweep and otherwise maintain the outdoor storage yard to help prevent much of the release of fine materials into the storm basins as well as wind borne dust from leaving the property. 4 Access and On-Site Circulation. Vehicles will continue to access the site from Highview Avenue. 215th Street (CSAH 70) is located approximately ¼ mile to the north and intersects with Highview Avenue. The LP trucks will only use the north entrance which requires widening the pavement surfacing on that side of the building. The site layout provides adequate space to accommodate truck turning movements throughout the property. Parking. The office, maintenance and warehouse space of the existing 115,000 square foot building and proposed 360 square foot (30’x12’) control station building for theLP storage and transfer station requires 102 parking spaces on site. The Progressive Rail site required 100 parking spaces when the 2000 addition was approved in 2000. A parking deferment was approved at that time for 50 of the 100 required parking spaces. Staff determined that approximately 37 of the minimum required 50 parking spaces were available to employees. The remainder of the spaces on the east side of the site were converted to use for outdoor storage. This created a shortage of available parking within designated parking spaces. Progressive Rail proposes to construct and stripe additional spaces for a total of 50 parking spaces on site as part of this conditional use permit. Approximately 37 spaces will be available in front of the building. The remaining spaces will be in various locations within the outdoor storage area as shown on the site plan. In conjunction with the conditional use permit, a revised parking deferment agreement will be required. City staff has the authority to administratively approve a parking deferment for up to 50% of the required parking spaces provided the applicant can adequately demonstrate that the total required number of parking spaces are not necessary for their operations. The applicant indicates that there will be an estimated 49 employees, of which 34 employees are on site during the main shift. The proposed parking lot and drive aisles meet the size and dimension requirements of the Zoning Ordinance. Staff will draft the parking deferment agreement in conjunction with City Council consideration of the conditional use permit. Liquid Propane Storage and Building. The plans propose the installation of two 60,000 gallon liquid propane storage tanks and the possibility of the installation of four additional tanks for a total of six on the property. The storage, unloading and loading area will be located approximately 230 feet east of the existing main building. Building Exterior. The proposed office/control station building is proposed to be vinyl sided with an asphalt shingled roof. Vinyl siding is considered a Grade F material. Section 11-17-9.E. of the Zoning Ordinance requires that industrial buildings use only Grades A-E materials on wall surfaces that abut a property with an adjacent industrial building with brick, wood, stone or 5 decorative concrete wall surfaces such as the Progressive Rail building and buildings to the north (Wausau) and to the south. The building exterior material plan shall be amended to include Grade A-E materials. Landscaping. The gravel surfaced area located near the northwest corner of the property adjacent to the Wausau Supply property that has been used for parking shall be surfaced with grass and landscaping in compliance with the landscape plan approved with the 1998 Empire Builder Investments, Inc. preliminary and final plat (see Exhibit I). The landscaping approved with the 1998 project plans had been installed and had died or was removed. All landscaping on site shall be maintained and kept free of dead materials. Any dead landscape materials shall be replaced with like materials in compliance with Zoning Ordinance requirements. Findings of Fact. Findings of Fact are attached for your review and consideration. RECOMMENDATION Planning Department staff recommends approval of the conditional use permit for Empire Builder Investments, Inc. to store liquid propane on the subject property in the I-2 District located at 21778 Highview Avenue subject to the following stipulations: 1. All areas of the outdoor storage yard that are driven on, parked on or used for outdoor storage of products that can be wind-blown or carried by site drainage into the storm sewer system shall be paved with asphalt bituminous. 2. All required State of Minnesota permits and certifications shall be obtained and remain in good standing prior to the commencement of liquid propane delivery to the subject property, transfer to the storage tanks, transloaded to delivery trucks and transportation of the liquid propane fuel on public roads. 3. Waste products, as defined by the Zoning Ordinance, shall not be stored on site. 4. Compliance with the requirements listed in the Engineering Division memorandum dated December 29, 2017. 5. A minimum of 50 paved and striped parking spaces shall be available for parking at all times. All vehicle parking shall occur on designated spaces paved with bituminous asphalt in accordance with the approved site plan. 6 6. The outdoor storage area and parking area shall be paved with asphalt bituminous surfacing no later than June 1, 2018 in accordance with the approved site plan. A cash or letter of credit security in the amount of $66,000 shall be submitted to guarantee completion of the additional asphalt bituminous paving. 7. All non-compostable materials such as litter, fine metals, plastics, glass, or other materials that can be carried by into the storm sewer system shall be swept and properly disposed of on a regular basis. 8. Permanent or temporary outdoor storage of material shall not occur between Highview Avenue and the west side of the building. 9. The LP office/control building exterior building materials shall comply with Zoning Ordinance requirements. 10. All landscaping on site shall be maintained and kept free of dead materials. The gravel surface area north of the main building and adjacent to the Wausau Supply property shall be restored with grass and landscaping in accordance with the landscape plan approved with the 1998 preliminary and final plat. Any dead landscape materials shall be replaced with like materials in compliance with Zoning Ordinance requirements. 11. Installation of any lighting shall require an electrical permit and shall be down-cast style fixtures. 12. A parking deferment agreement shall be approved prior to the issuance of a building permit for the propane storage facility. 13. LP delivery trucks shall not be stored on site unless located on a bituminous asphalt paved surface and not within the parking spaces required for the Progressive Rail building. 14. A building permit is required prior to installation of the propane storage tanks. 15. The Fire Marshal shall approve the liquid propane storage facility prior to issuance of a building permit. I-1O-R RM-1 I-2 I-1 I-2 P/OSI-2 I-2 P/OS PUD RH-1 I-1 21 5TH S T W 214TH ST W 220TH ST WHIGHVIEW AVEHAMBURG AVE213 T H S T W 215TH ST WHEYWOOD AVEHERON WAY 219T H S T WHOLYOKE AVEÜ 21778 HIGHVIEW AVENUE EXHIBIT A 21778 Highview Avenue Property Information December 15, 2017 0 875 1,750437.5 ft 0 270 540135 m 1:9,600 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. EXHIBIT B NEW BITUMINOUS DRIVE EXIST BITUMINOUS DRIVE NEW CONTROL STATION 30' x 12' (BY OWNER) 25'-0" MIN. AWAY FROM CENTERLINE OF DRIVE EXIST RAIL SPUR EXIST DRIVE HIGH VIEW AVENUEEXIST DRIVE 92' - 0"500' - 0"92' - 0" EXIST STORAGE BINS PROPERTY LINE 1,751' +/- EXIST RAIL SPUR EXISTING BUILDING PROPERTY LINE 1,620' +/-PROPERTY LINE 316' +/-P R O P E R T Y L IN E 1 5 6 ' +/-PROPERTY LINE 400' +/-EXIST RAIL SPUR UPGRADE RAIL TO A DRIVE OVER TRACK- SHOWN GREY (BY OWNER) ARROWS INDICATE DIRECTION OF TRAFFIC ARROWS INDICATE DIRECTION OF TRAFFIC EXIST SEDIMENT BASIN SEE CIVIL24' - 0"20' - 0"HYD. HYD. HYD. EXIST RETAINING WALL EXIST PAVING FUTURE EXPANSION TANKS SECTION OF TRACK TO REMAIN CLEAR AT ALL TIMES EXISTING BUILDING NEW DUAL LANE - SINGLE TRUCK LOADING STATION NEW GUARD RAIL AROUND SEDIMENT BASIN (BY OWNER) LOADING PLATFORM & COMPRESSOR PAD (BY LP COMPANY) GUARD RAILS (BY OWNER) NEW TRUCK SKID (BY LP COMPANY) (2) NEW 60,000 GAL. PROPANE TANKS (BY LP COMPANY) 170' - 0" MIN. 20' - 0" GUARD RAILS (BY OWNER) NEW ELECTRICAL SERVICE TRANSFORMER (BY OWNER)MIN.25' - 0"24' - 0"℄NEW BITUMINOUS DRIVE STRIPE NEW PARKING SPACES EXIST RAIL SPUR 7 16 14 13 25 DEFERRED PARKING SPACES 6 NEW BITUMINOUS DRIVE (BY OWNER) 19 15 12 NEW SEDIMENT BASIN - SEE CIVIL NEW TEMP STORAGE AREA24' - 0"NEW AUTO PARKING SB-1 SB-2 SB-3 SB-4 SITE INFORMATION: TOTAL LOT AREA: 15.95 ACRES ZONING: I-2 INDUSTRIAL DISTRICT BUILDING SETBACKS: FRONT: 40 FEET MINIMUM AT HIGHVIEW AVE. SIDE/INTERIOR: 10 FEET MINIMUM REAR:30 FEET MINIMUM PARKING SETBACKS: 15 FROM ANY PUBLIC OR PRIVATE ROAD. 5' FROM REAR OR SIDE INTERIOR PROPERTY LINE SITE CONSTRAINTS: MAXIMUM IMPERVIOUS SURFACE LOT COVERAGE = N/A PROPOSED BUILDING SIZE: PROPOSED ACCESSORY BUILDING: 339 SF PARKING REQUIREMENTS: REQUIRED PARKING STALL SIZE: 90 DEGREES, 9'-0" x 20'-0" (WITH 2' CURB OVERHANG ALLOWED, 24'-0" AISLE PARKING SUMMARY: EXISTING BUILDING PARKING REQUIRED = 100 PARKING ON SITE = 50 DEFERRED PARKING = 50 PROPOSED ACCESSORY BUILDING OFFICE: 339 SF - 10% = 305 SF/200 = 2 TOTAL AMOUNT OF PARKING REQUIRED = 102 AMOUNT OF PARKING SHOWN ON SITE = 77 AMOUNT OF PARKING DEFFERED = 25 NUMBER OF EMPLOYEES = 49 70% OF EMPLOYEES ON SITE DURING FIRST SHIFT = 34 ZONING ORDINANCE USED: CITY OF LAKEVILLE CODE OF ORDINANCES - ON-LINE DATE: 07-05-2017 Scale Project number Date Drawn by Checked by 21476 GRENADA AVENUE LAKEVILLE, MN 55044 PH: 952-469-2171 FAX: 952-469-2173 EMAIL: office@approdevelopment.com CONDITIONAL USE PERMIT SUBMITTAL 11/22/17 As indicated 12/20/2017 2:48:22 PMA1-1 SITE PLAN 17-01-0127 21778 HIGHVIEW AVENUE LAKEVILLE, MN 55044 CLIENT NO. 17-01-0127 12/12/17 MR JJC 1" = 60'-0"A1-1 1 SITE PLAN 60'30'0'60' NORTH 1 1 2 No. Description Date 1 REVISION #1 12/12/17 2 REVISINO #2 12/20/17 2 EXHIBIT C 24' - 0"20' - 0"HYD. LOADING PLATFORM TRUCKER WAITING AREA AND CONTROL ROOM 30' - 0" MIN. 20' - 0" GUARD RAIL 20' - 0"24' - 0"NEW BITUMINOUS DRIVE6' - 0"10' - 0"6' - 0"11' - 0"4' - 0"11' - 0"5' - 0"8' - 0"16' - 0"15' - 0"33' - 0"170' - 0"14' - 6"12' - 0"5' - 0"14' - 0"MIN.25' - 0"12' - 0"12' - 0"6' - 0"12' - 0" GUARD RAIL 60' - 0 1/4" 13' - 0" COMPRESSOR PAD 60K PROPANE TANK 60K PROPANE TANK ENTRANCE SECTION OF RAIL ALONG LP TANKS & GUARD RAIL TO BE LEVEL LIGHT POLE LIGHT POLE TRUCK SKID LIGHT POLE ENTRANCE GUARD RAIL24' - 0"10' - 0"7' - 0" PRECAST PIER TRANSFORMER 6' - 0"12' - 0" DUAL PUMP PAD℄℄℄℄℄℄NEW BITUMINOUS DRIVE NEW BITUMINOUS DRIVE GUARD RAIL NEW TEMP STORAGE AREA 70' - 0"36' - 0"24' - 0"RADIUS50' - 0"NEW BITUMINOUS PAD EXIST RAIL SPUR NOTE: 1. LP LIGHTING SPEC - RAB FXLED125SF HIGH EFFICIENCY LED FLOOD LIGHT, RAB PS4-11-20WT SQUARE STEEL POLE FOR FLOOD LIGHTS, RAB BC4 COVERS (BY LP COMPANY) 2. ALL GUARD RAILS IN ACCORDANCE WITH NFPA 58 Scale Project number Date Drawn by Checked by 21476 GRENADA AVENUE LAKEVILLE, MN 55044 PH: 952-469-2171 FAX: 952-469-2173 EMAIL: office@approdevelopment.com CONDITIONAL USE PERMIT SUBMITTAL 11/22/17 As indicated 12/20/2017 2:48:22 PMA1-2 SITE PLAN 17-01-0127 21778 HIGHVIEW AVENUE LAKEVILLE, MN 55044 CLIENT NO. 17-01-0127 12/12/17 MR JJC 1" = 20'-0"A1-2 1 SITE PLAN - LP TRANSLOAD AREA 20'10'0'20' NORTH 1 No. Description Date 1 REVISION #1 12/12/17 SB-1 SB-2 SB-4 SB-3 ARROWS INDICATE DIRECTION OF TRAFFIC 961.8 959.6 959.6 961. 2 959.9959.1 958.5 958. 9 959.8958.0958.4 959. 0 961. 1 962.4 961.1961.6962.3961.6 962. 9962.0 963.0962.632.0963.0 961.6 960.3 960. 6 960. 1 NE W B I T . NE W B I T .20.024.0NEW SEDIMENTATION BASIN COMBINED WITH EXISTING BASIN. USE 12" CLAY LINER. DEAD VOLUME SHOWN = 14,375 CU. FT. NEW BIT. NEW BIT. INSTALL MUD RAIL ALONG ALL RAILS AT NEW PAVEMENT 959. 5 959.8 962. 2 959.6 960. 6 960.3 NEW DUAL PUMP PAD NEW LIGHT POLE NEW GUARD RAIL AT PERIMETER OF POND NEW LOADING PLATFORM NEW COMPRESSOR PAD NEW CONTROL STATION 30' x 12' PROPOSED TRANSFORMER LOCATION (2) NEW 60,000 GAL. PROPANE TANKS NEW TRUCK SKID FUTURE EXPANSION TANKS GUARD RAILS (BY OWNER) NEW GUARD RAIL 961.0 961. 0 13 25 DEFERRED PARKING SPACES 12 959.8957. 5 957.8BOTTOM=951.0 FE=953.0 FE=952.0 FE=953.0 NWL=950.0 HWL=955.0 INSTALL FLARED END SECTION AND RIP-RAP AT EXISTING CULVERT 5 C.Y. RIP-RAP INSTALL PERMANENT FILTER TRAP AT CATCH BASIN SKIMMER STRUCTURE AND 14 L.F. OF 12" RCP STORM PIPE AT 0.0% SLOPE. OVERFLOW=955.0 INV=953.0 SUMP INV=951.0 955. 5 30 C.Y. RIP-RAP NWL=953.0 HWL=955.5 NEW BIT. DRIVE NEW BITUMINOUS NEW AUTO PARKING 956. 7 24.0NEW BIT. PROPOSED LEGEND WATER MAIN SANITARY SEWER STORM SEWER WATER SERVICE SANITARY SERVICE CHAIN LINK FENCE VINYL/WOOD FENCE LIGHT POLE HYDRANT WATER VALVE SANITARY MANHOLE STORM MANHOLE CATCH BASIN SILT FENCE GRADING LIMITS 999 CONTOUR LINE SPOT ELEVATION DRAINAGE ARROW DETAIL NOTE S S S S W W W W S S S S EXHIBIT D First Floor 100' - 0" Top of Wall 108' - 1 1/8" T.O. Footing 96' - 0" 2 A3-2 12 5 12 12 Approx. Height 115' - 4" ASPHALT SHINGLE 5" HORIZONTAL VINYL SIDING SKIRT BOARD First Floor 100' - 0" Top of Wall 108' - 1 1/8" T.O. Footing 96' - 0" 1 A3-2 12 5 Approx. Height 115' - 4" ASPHALT SHINGLE 5" HORIZONTAL VINYL SIDING ALUM GUTTERS SKIRT BOARD First Floor 100' - 0" Top of Wall 108' - 1 1/8" T.O. Footing 96' - 0" 1 A3-2 12 5 Approx. Height 115' - 4" First Floor 100' - 0" Top of Wall 108' - 1 1/8" T.O. Footing 96' - 0" 12 5 12 12 Approx. Height 115' - 4" ASPHALT SHINGLE 5" HORIZONTAL VINYL SIDING SKIRT BOARD ALUM GUTTERS Scale Project number Date Drawn by Checked by 21476 GRENADA AVENUE LAKEVILLE, MN 55044 PH: 952-469-2171 FAX: 952-469-2173 EMAIL: office@approdevelopment.com CONDITIONAL USE PERMIT SUBMITTAL 11/22/17 1/4" = 1'-0"12/20/2017 2:48:23 PMA3-1 EXTERIOR ELEVATIONS 17-01-0127 21778 HIGHVIEW AVENUE LAKEVILLE, MN 55044 CLIENT NO. 17-01-0127 12/12/17 MR JJC 1/4" = 1'-0"A3-1 1 WEST ELEVATION 1/4" = 1'-0"A3-1 2 NORTH ELEVATION 1/4" = 1'-0"A3-1 4 SOUTH ELEVATION 1/4" = 1'-0"A3-1 3 EAST ELEVATION ASPHALT SHINGLE 5" HORIZONTAL VINYL SIDING SKIRT BOARD HALF LIGHT EXTERIOR DOORS 1 1 1 1 No. Description Date 1 REVISION #1 12/12/17 EXHIBIT E 1 A3-2 2 A3-2 30' - 0" 5 1/2"14' - 6 1/2"5 1/2"14' - 1"5 1/2"12' - 0"5 1/2"11' - 1"5 1/2"4' - 0 3/4"2' - 11 1/2"4' - 0 3/4"30' - 0" 9' - 5"5 1/2"4' - 8"5 1/2"14' - 1"5 1/2" 7' - 0 1/2"2' - 4 1/2"7' - 0 1/2"7' - 0 1/2"6' - 7"5 1/2"4' - 0 1/2"12' - 0"5 1/2"11' - 1"5 1/2"101 102 W1 TRUCKER LOUNGE 101 CONTROL ROOM 102 SATELLITE RESTROOM LACATION 5'-0"W x 4'-0"D POURED CONC STOOP AND FOUN. WALL 5'-0"W x 4'-0"D POURED CONC STOOP AND FOUN. WALL VINYL FLOORING CONC. SLAB EXT. FRAMED WALL 2x6 @ 16" O.C. INT. FRAMED WALL 2x6 @ 16" O.C. FLUSH BEAM SEE STRUCTURAL W1 2 1 1 3 1 1 11 1 1 1 A3-2 2 A3-2GYP BD. CLG.GYP BD. CLG. VENTED SOFFIT ALUM. GUTTERALUM. LEADER VENTED SOFFIT 1 1 A3-2 2 A3-2 ALUM. GUTTERALUM. LEADER EXTERIOR WALL BELOW RIDGE VENT 12:12SLOPE12:5SLOPE12:12SLOPE12:5SLOPE12:5 SLOPE 12:5 SLOPE 1 LIGHTED EXIT SIGN W/ EMERGENCY LIGHTS, DARK PORTION INDICATES SIGN FACE DIRECTION REFLECTED CEILING PLAN LEGEND RECESSED CAN TYPE LIGHT FIXTURE 4' STRIP FLUORESCENT FIXTURE SURFACE MOUNTED 1 2 EXT. SHEAR WALL TYPE FULL HEIGHT LOAD BEARING WALL FULL HEIGHT LOAD BEARING WALL SEE STRUCTURAL DRAWINGS GYP. BD. WALL FULL HEIGHT WALL 3 2X6 WOOD STUDS @ 16" O.C. 6 1/2" SOUND ATTEN. BATT INSULATION 1/2" GYP. BD. ONE LAYER EACH SIDE - PT FULL HEIGHT EXT. WALL TYPE 7 1/2" 1/2" GYP. BD. OVER VAPOR BARRIER 2X6 WOOD STUDS @ 16" O.C. WITH R-20 BATT INSUL. ZIP R-SHEATHING 7/16" PANEL W/ 1" RIGID INSUL. R-6 VINYL SIDING W/ 5" REVEAL 8" 1/2" GYP. BD. OVER VAPOR BARRIER 2X6 WOOD STUDS @ 16" O.C. WITH R-20 BATT INSUL. ZIP R-SHEATHING 7/16" PANEL W/ 1" RIGID INSUL. R-6 OVER 1/2" PLYWOOD VINYL SIDING W/ 5" REVEAL 1 Scale Project number Date Drawn by Checked by 21476 GRENADA AVENUE LAKEVILLE, MN 55044 PH: 952-469-2171 FAX: 952-469-2173 EMAIL: office@approdevelopment.com CONDITIONAL USE PERMIT SUBMITTAL 11/22/17 As indicated 12/20/2017 2:48:22 PMA2-1 FLOOR PLAN 17-01-0127 21778 HIGHVIEW AVENUE LAKEVILLE, MN 55044 CLIENT NO. 17-01-0127 12/12/17 MR JJC 1/4" = 1'-0"A2-1 1 FLOOR PLAN 1/4" = 1'-0"A2-1 2 REFLECTED CEILING PLAN 1/4" = 1'-0"A2-1 3 ROOF PLAN 4'2'0'4' NORTH 4'2'0'4' NORTH 4'2'0'4' 3/4" = 1'-0"A2-1 4 WALL TYPES No. Description Date 1 REVISION #1 12/12/17 EXHIBIT F EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA EMPIRE BUILDER INVESTMENTS, INC. CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On January 4, 2018 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider a conditional use permit for Empire Builder Investments, Inc. to allow liquid propane storage in the I-2, General Industrial District located at 21778 Highview 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 located in Planning District No. 8 of the Comprehensive Plan, which guides the property for industrial uses. 2. The property is zoned I-2, General Industrial District. 3. The legal description of the property is: Lot 1, Block 1, Empire Builder Investments First 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 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. Finding: The proposed liquid propane storage tanks are an allowed use on the industrial guided and zoned property. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: Provided compliance with the conditional use permit, the proposed liquid propane storage tanks will be compatible with existing and future land uses in the area. 2 c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the conditional use permit, the proposed liquid propane storage tanks 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. Finding: The subject property lies within in the current MUSA. The property is served with City sanitary sewer and water. The use of the property for liquid propane storage will have no impact on the City’s service capacity provided compliance with the stipulations of the conditional use permit. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: Traffic generated by the liquid propane storage facility is within the capabilities of Highview Avenue which serves the property. 5. The planning report dated December 29, 2017 prepared by Associate Planner Frank Dempsey is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit in the form attached thereto. DATED: January 4, 2018 LAKEVILLE PLANNING COMMISSION BY: _________________________ Pat Kaluza, Vice Chair City of Lakeville Public Works – Engineering Division Memorandum To: Frank Dempsey, Associate Planner From: Alex Jordan, Senior Project Engineer McKenzie L. Cafferty, Environmental Resources Manager Copy: Zach Johnson, City Engineer Dave Olson, Community and Economic Development Director Daryl Morey, Planning Director Gene Abbott, Building Official Date: December 29, 2017 Subject: Progressive Rail • Site Plan Review • Grading Plan Review • Conditional Use Permit BACKGROUND Appro Development, Inc, on behalf of Empire Builder Investment, Inc. (a/k/a Progressive Rail) has submitted a Conditional Use Permit application to install liquid propane storage tanks and dispensing facility on Lot 1, Block 1, Empire Builder Investments First Addition. The property is located east of and adjacent to Highview Avenue; south of 215th Street (CSAH 70); and north of 220th Street. The parent parcel is zoned I-2, General Industrial District. The proposed Conditional Use Permit application will be completed by: Applicant: Appro Development, Inc. Engineer: Jacobson Engineers & Surveyors. SSIITTEE CCOONNDDIITTIIOONNSS The parent parcel was developed in 1999 for use as an office, maintenance and storage building and transload facility for the rail company. The property currently operates as a rail transload and outdoor storage facility for a variety of products. Several existing private stormwater management basins and storm sewer utilities exist within the rear outdoor storage area. PPRROOGGRREESSSSIIVVEE RRAAIILL –– LLOOTT 11,, BBLLOOCCKK 11,, EEMMPPIIRREE BBUUIILLDDEERR IINNVVEESSTTMMEENNTTSS FFIIRRSSTT AADDDDIITTIIOONN CCOONNDDIITTIIOONNAALL UUSSEE PPEERRMMIITT DDEECCEEMMBBEERR 2299,, 22001177 PPAAGGEE 22 OOFF 44 SSIITTEE PPLLAANN RREEVVIIEEWW Appro Development, Inc. proposes to construct two 60,000-gallon liquid propane (LP) storage tanks, including unloading and loading areas, to be located approximately 230 feet east of the existing main building. In conjunction with the proposed storage tank improvements, the Applicant proposes to construct a paved surface over the rear yard storage areas, parking areas, and drive aisles. In addition, the Applicant proposes to expand the drive aisle north of the existing building to allow for two-way semi-truck circulation between the front and rear of the buildings. PPUUBBLLIICC SSTTRREEEETTSS AANNDD AACCCCEESSSS Highview Avenue The parent parcel is located east of and adjacent to Highview Avenue, a minor collector industrial roadway, as identified in the City’s Transportation Plan. 40-feet of ½ right-of-way way was dedicated for Highview Avenue with the Empire Builder Investments First Addition plat. No additional right-of-way will need to be dedicated with the Conditional Use Permit application. Highview Avenue is currently constructed as a 24-foot undivided rural roadway adjacent to the parent parcel and was rehabilitated in 2016 with City Project No. 16-04. The parent parcel has two existing driveways that access Highview Avenue. No modifications or improvements to the driveway accesses are proposed with the Conditional Use Permit application. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for site grading, utility, and pavement construction shall be restricted to one entrance off of Highview Avenue. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG The parent parcel is located within subdistrict SC-3A of the South Creek Stormwater District, as identified in the City’s Water Resources Management Plan. A stormwater management system was constructed in 1999 in conjunction with the site development. Various improvements have been added since development of the site to reduce rate control and provide water quality treatment of the stormwater generated from the site. The site ultimately discharges to a City-owned sedimentation basin located directly east of the site on Outlot A, Empire Builder Investments First Addition. The majority of the site is either hardscaped or an impervious aggregate surface. The proposed site adds under an acre of impervious surface which is under the threshold of the permitting requirements of the MPCA Construction General Permit with respect to the water quality volume. The City’s Water Resources Management Plan requires that any project which adds impervious surface within the South Creek Stormwater District shall provide for PPRROOGGRREESSSSIIVVEE RRAAIILL –– LLOOTT 11,, BBLLOOCCKK 11,, EEMMPPIIRREE BBUUIILLDDEERR IINNVVEESSTTMMEENNTTSS FFIIRRSSTT AADDDDIITTIIOONN CCOONNDDIITTIIOONNAALL UUSSEE PPEERRMMIITT DDEECCEEMMBBEERR 2299,, 22001177 PPAAGGEE 33 OOFF 44 infiltration of 1.5 inches over the newly created impervious area. Due to the nature of the site activity and existing gravel soils within the site, staff recommends eliminating the infiltration of the runoff generated from the site. The Applicant shall remove all sediment collected in the existing basins and provide a clay liner at the bottom of the basins. Additionally, the Applicant shall construct a structural outlet on the east basin to reduce the discharge rate and provide for additional water quality treatment from the site. A $10,000 security for the stormwater management improvements on the site shall be required with the Conditional Use Permit and shall be submitted prior to the issuance of a building permit for the installation of the LP tanks. The Applicant shall enter into a private stormwater and site maintenance agreement with the City for the privately owned and maintained stormwater management basins, prior to the issuance of a building permit for the installation of the fuel tanks. The Applicant shall submit as-built record grading and utility plans following completion of the project. The proposed site plan and improvements contain more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR No public storm sewer is proposed to be constructed in conjunction with the site plan improvements. A private storm sewer system will be installed to convey the discharge from the site improvements to the City-owned stormwater basin east of the site. The Trunk Storm Sewer Area Charge has been collected on the parent parcel and will not be required with the Conditional Use Permit. EERROOSSIIOONN CCOONNTTRROOLL The Developer shall prepare a SWPPP and erosion control plan prior to any grading or land disturbance. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Applicant. PPRROOGGRREESSSSIIVVEE RRAAIILL –– LLOOTT 11,, BBLLOOCCKK 11,, EEMMPPIIRREE BBUUIILLDDEERR IINNVVEESSTTMMEENNTTSS FFIIRRSSTT AADDDDIITTIIOONN CCOONNDDIITTIIOONNAALL UUSSEE PPEERRMMIITT DDEECCEEMMBBEERR 2299,, 22001177 PPAAGGEE 44 OOFF 44 SSEECCUURRIITTIIEESS The Applicant shall provide a Letter of Credit as security for the Applicant-installed improvements with the Conditional Use Permit. The security will be required prior to issuance of a building permit for the LP storage tanks. CONSTRUCTION COSTS Site Grading, Erosion Control, Restoration, Stormwater Basins and Grading Certification 10,000.00 SUBTOTAL - CONSTRUCTION COSTS $ 10,000.00 OTHER COSTS City Construction Observation 1,000.00 Developer’s Record Drawing 1,000.00 SUBTOTAL - OTHER COSTS $ 2,000.00 TOTAL PROJECT SECURITIES $ 12,000.00 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the Conditional Use Permit, site plan and grading plan for Progressive Rail, subject to the requirements and stipulations within this report.