HomeMy WebLinkAboutItem 06.h
Date: Item No.
DUNHAM BROTHERS SHAVINGS IUP AND CUP
Proposed Action
Staff recommends adoption of the following motion: Move to approve: 1) an interim use permit, and 2) a
conditional use permit, and adopt the findings of fact, for Dunham Brothers Shavings, Inc.
Overview
Robert Dunham, representing Dunham Brothers Shavings, Inc. is requesting approval of an interim use
permit to allow open storage as a principal use in the RAO, Rural/Agricultural Overlay District and a
conditional use permit to allow an exception to the exterior building material requirements for an
industrial use. Mr. Dunham is proposing the construction of a hoop shed for the storage of oat hulls on
property located east of Kenrick Avenue and south of 215th Street. The hoop shed will be of similar design
and materials as the road salt storage building at the City’s Central Maintenance Facility.
The subject property is zoned OP, Office Park District but is within the RAO, Rural/Agricultural Overlay
District because it is located outside the Current MUSA. The City’s draft 2040 land use plan designates
the subject property for warehouse/light industrial use and the proposed use is consistent with that land
use designation.
The Planning Commission held a public hearing on the interim use permit and conditional use permit
applications at their July 19, 2018 meeting and unanimously recommended approval subject to four
stipulations. There was no public comment.
Primary Issues to Consider
None
Supporting Information
• Interim Use Permit and Conditional Use Permit
• Findings of Fact
• July 19, 2018 draft Planning Commission meeting minutes
• July 13, 2018 planning report
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: Daryl Morey, Planning Director
August 6, 2018
None
Zoning Ordinance
(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 Dunham Brothers Shavings, Inc. to
allow open and outdoor storage as a principal use in the ROA, Rural/Agricultural
Overlay District.
2. Property. The interim use permit is for the following described property in the
City of Lakeville, Dakota County, Minnesota:
The north 360.00 feet of the south 660.00 feet of the NE ¼ of the SW ¼ of Section 36,
Township 114, Range 21, Dakota County, Minnesota
3. Termination. The interim use permit shall terminate on the happening of any of
the following events, whichever occurs first:
A. The property is redeveloped for another principal use.
B. Upon violation of conditions under which the permit was issued.
C. Upon change in the city’s zoning regulations which renders the use
nonconforming.
4. Conditions. The interim use permit is issued subject to the following conditions:
A. A building permit shall be required prior to commencing construction of the
hoop shed.
B. All setback requirements from property lines and wetlands for the structure and
the parking lot must be met.
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C. No expansion of the proposed use or introduction of a separate use on the
property is allowed unless approved by the City.
D. A $15,000 security for grading, erosion control, and site restoration must be
submitted prior to issuance of a building permit.
E. A shared driveway access agreement between PID 220360050014 and PID
220360052010 must be executed prior to issuance of a building permit.
5. Expiration. This interim use permit shall expire unless the applicant commences
the authorized use within one year of the date this interim use permit, unless an
extension is approved by the Zoning Administrator.
DATED: August 6, 2018
CITY OF LAKEVILLE
BY: _________________________________
Colleen J. Ratzlaff LaBeau, Acting Mayor
BY: ________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 6th day of August 2018
by Colleen J. Ratzlaff LaBeau, Acting 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
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. _______
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville hereby grants a conditional use permit for Dunham Brothers Shavings, Inc. to
allow an exception to the exterior building material requirements for an industrial use.
2. Property. The conditional use permit is for the following described property in
the City of Lakeville, Dakota County, Minnesota:
The north 360.00 feet of the south 660.00 feet of the NE ¼ of the SW ¼ of Section 36,
Township 114, Range 21, Dakota County, Minnesota
3. Conditions. The conditional use permit is issued subject to the following
conditions:
A. A building permit shall be required prior to commencing construction of the
hoop shed.
B. All setback requirements from property lines and wetlands for the structure and
the parking lot must be met.
C. No expansion of the proposed use or introduction of a separate use on the
property is allowed unless approved by the City.
D. A $15,000 security for grading, erosion control, and site restoration must be
submitted prior to issuance of a building permit.
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E. A shared driveway access agreement between PID 220360050014 and PID
220360052010 must be executed prior to issuance of a building permit.
4. Revocation. The City may revoke this conditional use permit for cause upon
determination that the conditional use permit is not in conformance with the conditions
of the permit or is in continued violation of the city code or other applicable regulations.
5. Expiration. This conditional use permit shall expire unless the applicant
commences the authorized use within one year of the date this conditional use permit,
unless an extension is approved by the Zoning Administrator.
DATED: August 6, 2018
CITY OF LAKEVILLE
BY: _________________________________
Colleen J. Ratzlaff LaBeau, Acting Mayor
BY: ________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 6th day of August 2018
by Colleen J. Ratzlaff LaBeau, Acting 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
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
DUNHAM BROTHERS SHAVINGS, INC.
INTERIM USE PERMIT AND CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On July 19, 2018 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of Dunham Brothers Shavings, Inc. for an interim use
permit to allow open and outdoor storage as a principal use within the RAO District and a
conditional use permit to allow an exception to the exterior building material requirements
for an industrial use to be 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. The City Council hereby adopts the following:
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:
The north 360.00 feet of the south 660.00 feet of the NE ¼ of the SW ¼ of Section
36, Township 114, Range 21, Dakota County, Minnesota
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.
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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.
b. The proposed use is or will be compatible with present and future land uses of the
area.
Finding: Provided compliance with the interim use permit and 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 interim use permit and conditional use permit,
the proposed 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.
DECISION
The City Council approves the interim use permit and conditional use permit in the
forms attached hereto.
DATED: August 6, 2018
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CITY OF LAKEVILLE
BY: __________________________________
Colleen J. Ratzlaff LaBeau, Acting Mayor
ATTEST
BY: _________________________
Charlene Friedges, City Clerk
City 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)
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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.
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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