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Home My WebLink AboutItem 06 ZO amendment 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 3 September 2021 RE: Lakeville – Zoning Ordinance; I-3 District secondary storage TPC FILE: 135.01 BACKGROUND The City amended the Zoning Ordinance on 7 June 2021 to establish the I-3, Industrial Airport District designated specifically to include Airlake Airport and the unique operations occurring upon the airport property. In conjunction with CSAH 70 expansion project, the CSAH 70 and Highview Avenue intersection will be restricted to a three-quarter access and a ccess to the Dick’s Sanitation and Boise Cascade properties will be restricted. Dakota County and the City constructed a private drive on Airlake Airport property just south of the Dick’s Sanitation and Boise Cascade properties that will allow truck traffic from Dick’s Sanitation and Boise Cascade to access Humboldt Road and 217th Street near FedEx Freight, which then allows them to access Dodd Boulevard and the signalized intersection at CSAH 70 and Dodd Boulevard. Related to the private drive, the Metropolitan Airports Commission (MAC) has been in negotiations for more than a year with Dick’s Sanitation and Boise Cascade to lease them an area within the airport property to be used for additional outdoor storage that both businesses need. City staff has initiated an amendment of the Zoning Ordinance to allow outdoor storage as a secondary use within the I-3 District as an interim use. A public hearing to consider the proposed amendment has been noticed for the Planning Commission meeting on 16 September 2021. Exhibits:  Draft ordinance 2 ANALYSIS Existing Use. Outdoor storage within the I-3 District is currently limited to accessory storage of land/sea containers and parking of semi- tractor trailers related to airport operations. The proposed ground leases for businesses located on abutting properties not related to airport operations would be a secondary use and would not be limited to land/sea containers or semi- tractor trailers. It is necessary to amend the Zoning Ordinance to allow for the proposed secondary use. City staff is recommending that the proposed ordinance amendment also allow for accessory outdoor storage beyond land/sea containers or semi-tractor trailers. Interim Use. The MAC intends to enter into ground leases with the abutting businesses for use of airport property for the outdoor storage areas. In regards to the ground leases being limited to a defined period of time subject to extension or termination, City staff recommends that the proposed allowance of expanded secondary outdoor storage within the I-3 District be allowed as an interim use. Approval of an interim use permit may include stipulations terminating the allowance of the secondary or accessory use outdoor storage in accordance with Section 11-5-7 of the Zoning Ordinance as:  The date or event stated in the permit.  Upon violation of conditions under which the permit was issued.  Upon change in the City's zoning regulations which renders the use nonconforming. Performance Standards. The proposed standards applicable to expanded secondary or accessory use outdoor storage within the I-3 District require that:  For a secondary use, the business property must directly abut the airport.  The outdoor storage area may not be within a required front yard or side yard of a corner lot to maintain visibility and minimize aesthetic concerns.  The outdoor storage area must be screened from view of public rights-of-way or abutting residential zoning districts.  The outdoor storage area must be paved with asphalt or concrete with perimeter curb.  Any exterior lighting must comply with general performance standards established by the Zoning Ordinance.  The outdoor storage area cannot occupy required off-street parking spaces or drive aisles.  The outdoor storage cannot include waste not generated upon the airport property. Rail Car Storage. Progressive Rail is working with both the MAC and Boise Cascade to construct a rail spur upon the airport property that would be used for storage of rail cars. This rail spur would allow for a reduction in rail car storage on tracks within railroad right-of-way adjacent to residential neighborhoods that are not subject to City regulation. City staff recommends establishing rail car storage as a separate secondary use allowed by interim use permit within the I-3 District due to the unique characteristics of rail operations. These performance standards include: 3  The rail car storage area must be located in a side or rear yard, is subject to principal structure setbacks, and cannot encroach upon any drainage and utility easements.  The interim use permit process allows the City to ensure that access to the rail car storage area will not cause congestion on public streets at railroad crossings.  There are requirements for screening the rail car storage from view of public rights-of- way or residential districts.  Any exterior lighting must comply with the general performance standards of the Zoning Ordinance.  The use is allowed as outdoor storage only, with no loading/unloading of the rail cars. CONCLUSION Our office and City staff recommend approval of a Zoning Ordinance amendment in the form attached hereto allowing for outdoor storage within the I-3 District as an interim use. c. Justin Miller, City Administrator David Olson, Community and Economic Development Director Andrea McDowell Poehler, City Attorney 1 ORDINANCE NO. _________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: Section 1. Section 11-88-9 of the Zoning Ordinance (I-3 District – Interim Uses) is hereby amended to add the following provisions: B. Outdoor storage as an accessory use other than as allowed by Section 11-88-5.F of this title or as a secondary use related to a non-airport operation, provided that: 1. Outdoor storage as a secondary use shall be limited to operations accessory to a principal use of property abutting an airport. 2. The outdoor storage area occupies space other than a required front yard setback or side yard setback area on a corner lot. 3. The outdoor storage area shall be fenced, screened and/or landscaped from view of public rights-of-way and abutting residential districts according to a plan in compliance with section 11-21-9 of this title and subject to the approval of the zoning administrator. 4. The outdoor storage area is surfaced with asphalt, concrete or pavers with perimeter concrete curb, unless the city engineer exempts all or portions of the curb for stormwater management purposes. 5. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with section 11-16-17 of this title. 6. The outdoor storage area shall not encroach upon required parking space or required loading space as required by this title. 7. The property stored shall not include any waste, except as provided in section 11- 16-29 of this title. 8. The outdoor storage area shall not encroach into the required rear yard or side yard setback area if abutting a residential district. 9. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with section 11-5-7 of this title. 2 C. Outdoor storage of rail cars outside of railroad right-of-way as a secondary use, provided that: 1. Rail car storage areas shall be located in side or rear yards. 2. Rail car storage areas shall comply with the setback requirements for principal structures. 3. Access to the rail car storage area from a railroad right-of-way shall not cause congestion on public streets at existing or proposed crossings. 4. No rail car storage areas shall encroach upon a drainage and utility easement, except as may be approved by the City Engineer, or any wetland or wetland buffer. 5. All rail car storage areas shall be fenced, screened and/or landscaped from abutting and surrounding residential districts and public rights of way in compliance with chapter 21 of this title. 6. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with section 11-16-17 of this title. 7. Loading or unloading of rail cars shall be prohibited. Section 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this ____ day of ________, 2021, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY:_________________________________ Douglas P. Anderson, Mayor ATTEST:__________________________________ Charlene Friedges, City Clerk