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HomeMy WebLinkAboutItem 07City of Lakeville Planning Department Memorandum To: Planning Commission From: Brent Jones, Planning Assistant/Code Enforcement Technician Date: July 13, 2018 Subject: Packet Material for the July 19, 2018 Planning Commission Meeting Agenda Item: Dunham Brothers Interim Use Permit & Conditional Use Permit Application Action Deadline: August 11, 2018 INTRODUCTION Dunham Brothers Shavings Company, Inc. has submitted applications for an interim use permit and a conditional use permit on a vacant 10.33 acre parcel located south of 215th Street and east of Kenrick Avenue. The property is located in the RAO, Rural Agricultural Overlay District. An interim use permit is required by 11-48-11.E for open storage as a principal use. A conditional use permit is required by 11-17-9.G for an exception to the exterior building materials requirements. The proposed principal use of the property as open storage is for storing oat hulls. The narrative submitted with the applications states that an oat hull is the husk that encases the oat and is an agricultural byproduct that can be burned to produce clean biomass energy. Dunham Brothers plans to store oat hulls for Koda Energy when they purchase large quantities from Xcel Energy and cannot bring them directly to their plant in Shakopee. The proposed hoop shed is an efficient and cost-effective way to store products like salt and oat hulls. The City of Lakeville uses a similar storage building at the Central Maintenance Facility. EXHIBITS A. Location Map B. Site Plan C. Building Elevations (3 pages) D. Narrative (4 pages) 2 PLANNING ANALYSIS An interim use permit allows a use that is presently judged acceptable by the City Council, but with anticipated development, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. Open storage as a principal use requires an interim use permit because the property is currently zoned and guided for Office Park uses. The draft 2040 Comprehensive Land Use Plan guides the property for warehouse/light industrial uses. Because the property is outside the current MUSA, it is subject to the RAO District requirements. The open storage of oat hulls under a hoop shed is temporarily a good use of the property, but higher and better uses of the property will be appropriate after City services are available. The proposed hoop shed is a 100’ x 208’ natural light fabric building that will be located near the center of the property and will utilize a shared driveway access with the adjacent property to the south, which has the same owners as the subject property. This type of building is allowed by conditional use permit as an exception to the standard requirements for building type and construction. The criteria for allowing an exception are below: 11-17-9.G. Exceptions: Exceptions to the provisions of this section may be granted as a conditional use subject to the following criteria: 1. The use is an essential service as defined by this title; or 2. The applicant shall have the burden of demonstrating that: a. The proposed building maintains the quality in design and materials intended by this title. b. The proposed building design and materials are compatible and in harmony with other structures within the district. c. The justification for deviation from the requirements of this section shall not be based on economic considerations. The applicant’s request meets the criteria because the shed will be made of a fine, durable quality for the type of structure being proposed, the design and materials are compatible with other structures in the district, and the justification for deviating from the requirements relate to the uniqueness of the structure and use and is not based on economic considerations. The structure is considered temporary under the interim use permit and will be removed at a future date. Staff has reviewed the criteria listed in Section 11-4-7 regarding the General Performance Standards for conditional use permits and determined that the criteria will be met. RECOMMENDATION Planning Department staff recommends approval of the Dunham Brothers interim use permit and conditional use permit subject to the following stipulations: 1. A building permit shall be required prior to commencing construction of the hoop shed. 2. All setback requirements from property lines and wetlands for the structure and the parking lot must be met. 3 3. The interim use permit shall be terminated when the property is redeveloped for another principal use. Findings of fact are attached. cc: Mac Cafferty, Environmental Resources Manager 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA DUNHAM BROTHERS SHAVINGS COMPANY INTERIM USE PERMIT & CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On July 19, 2018 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Dunham Brothers Shavings Company for an interim use permit to allow open storage as a principal use within the RAO District and a conditional use permit to allow an exception to the exterior building requirements for a hoop shed on a 10.33 acre lot located south of 215th Street and east of Kenrick Avenue. The Planning Commission conducted a public hearing on the proposed interim use permit and 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. 6 of the 2008 Comprehensive Plan, which guides the property for Office Park. The draft 2040 Comprehensive Land Use Plan guides the property for warehouse/light industrial. 2. The property is currently zoned OP, Office Park District and RAO, Rural Agricultural Overlay District. 3. The legal description of the property is: N 360 FT OF S 660 FT OF NE 1/4 OF SW 1/4. SECTION 36 TWN 114 RANGE 21. 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. Section 11-5-3 states that interim use permit shall be processed according to the standards and procedures for a conditional use permit. 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 use is an industrial use and will be consistent with the 2040 Comprehensive Land Use Plan designation of the property for warehouse/light industrial. 2 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 use will be compatible with existing and future land uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the conditional use permit, the use 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 is outside the MUSA and is not served by City sewer and water. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: Traffic generated by the proposed use can be accommodated by Kenrick Avenue, an A-Minor Reliever roadway. 5. The planning report dated July 13, 2018 prepared by Brent Jones, Planning Assistant/Code Enforcement Technician is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit and conditional use permit in the forms attached thereto. DATED: July 19, 2018 LAKEVILLE PLANNING COMMISSION BY: _______________________________ Patrick Kaluza, Chair