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Home My WebLink AboutItem 08 Dunham 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Daryl Morey FROM: D. Daniel Licht, AICP DATE: 30 September 2021 RE: Lakeville – Dunham, DB Building Storage; IUP/CUP Amendment TPC FILE: 135.01 BACKGROUND Robert Dunham, DB Building Storage, is proposing to construct a second hoop shed to store oat hulls on the property located at 21650 Kenrick Ave. The oak hulls are an agricultural byproduct that is burned to produce energy. The existing hoop shed on the property was approved by City Council as a Conditional Use Permit and Interim Use Permit on August 6, 2018. The property owner has submitted applications to amend the previously approved Conditional Use Permit and Interim Use Permit to allow for the second hoop shed. A public hearing has been noticed for the Planning Commission meeting on 7 October 2021 to consider the applications. Exhibits: A. Site Location Map B. Site Plan and Grading Plan dated 9/29/21 (2 pages) C. Building Profile D. Maintenance Plan (3 pages) ANALYSIS Comprehensive Plan. The 2040 Comprehensive Plan guides the subject site for warehouse/light industrial uses. The existing outdoor storage of oak hulls on the property is an activity consistent with the 2040 Land Use Plan. Expansion of the use of the property to include an additional hoop shed for outdoor storage is consistent with the policies of the Comprehensive Plan related to business expansion and retention. 2 Zoning. The subject site is zoned I-1, Light Industrial District. The subject site is also within the RAO, Rural Agriculture Overlay District for properties not within the current Municipal Urban Service Area (MUSA). Outdoor Storage. Open and outdoor storage as a principal use is allowed within RAO Districts by approval of an Interim Use Permit in accordance with the performance standards set forth in Section 11-22-5.B of the Zoning Ordinance. Building Materials. The exterior finish requirements for the I-1 District are established by Section 11-17-9.E of the Zoning Ordinance. The hoop shed uses an anchored metal frame with fabric covering that requires approval of a conditional use permit for exception to the exterior building material requirements of the I-1 District. The conditional use permit criteria include a stipulation that a maintenance plan be provided for the fabric material, which addresses repair and replacement if damaged or worn over time. The property owner has submitted the required manufacturer maintenance plan meeting the criteria of the Zoning Ordinance. Lot Requirements and Setbacks. The table below outlines the lot requirements and setbacks of the I-1 and RAO Districts. The more restrictive requirement of the I-1 District or RAO District is applicable to the subject site in accordance with Section 11-1-1.D of the Zoning Ordinance. The subject site is an existing lot of record that is 10.94 acres in area and 360 feet in width exceeding the minimum lot area and width requirements. The proposed second hoop building will be located to the east of the existing hoop building and complies with all setback requirements. I-1 District RAO District Minimum Lot Area 30,000sf. 10ac. Minimum Lot Width 100ft. 300ft. Setbacks Front 40ft. 30ft. Rear 30ft. 30ft. Side 10ft. 20ft. Access. The subject site has one access to Kenrick Avenue via a shared driveway with the property to the south. No additional site accesses are proposed on the site plan. Off-Street Parking. There is no need for a designated off-street parking area related to the existing or expanded outdoor storage within the hoop buildings. Surfacing. The site plan illustrates existing bituminous pavement for access to the existing and proposed hoop buildings. The specifications and condition of the bituminous pavement are to be subject to review and approval by the City Engineer. Section 11-19-7.I.15 of the Zoning Ordinance requires perimeter concrete curb for all off-street parking areas and drive aisles, which is not shown on the site plan. The need for concrete curb for stormwater management purposes at the perimeter of the existing bituminous pavement is to be subject to review and approval of the City Engineer. 3 Landscaping. The site plan illustrates planting of eight evergreen trees that are a minimum of eight feet in height to the west of the existing hoop building and ten evergreen trees to the south of the existing hoop building to address the requirements of Section 11-21-7 of the Zoning Ordinance until such time as the site may be more fully developed. The planting of these evergreen trees shall be a stipulation for approval of the second hoop building. Exterior Lighting. Section 11-16-17 of the Zoning Ordinance establishes performance standards for exterior lighting. All lighting that is installed on site must have a 90 degree horizontal cut-off to minimize skyward cast glare. Installation of any exterior lighting is to be subject to review and approval of the Zoning Administrator. Waste Storage. The site plan does not illustrate any waste storage areas. Storage of trash and recycling containers must either be stored indoors or within an enclosure meeting the requirements of Section 11-18-11.B of the Zoning Ordinance. Utilities. As noted, the subject site is not within the MUSA and sewer and water utilities are not currently available. The outdoor storage use does not require access to services. Grading. The grading plan illustrates several wetlands within the subject site but avoids any impacts. The City Engineer must determine required wetland setbacks and wetland buffers. All wetland, grading, drainage, and erosion control issues are to be subject to review and approval of the City Engineer. Stormwater calculations must be submitted for Engineering staff review and approval prior to City Council consideration of the CUP and IUP amendment applications. In addition, a four feet high retaining wall is proposed on the south side of the existing wetland as shown on the grading plan. Retaining walls four feet or higher require approval of a building permit. CONCLUSION City staff and our office recommend approval of an amendment to the Interim Use Permit and Conditional Use Permit allowing expanded outdoor storage and construction of a second hoop shed for DB Building Storage, 21650 Kenrick Avenue, subject to the following conditions. Findings of fact reflecting this recommendation are provided for consideration by the Planning Commission. 1. The Interim Use Permit and Conditional Use Permit approved by the City Council on 6 August 2018 remain in full force and effect except as specifically modified herein and the site and buildings shall be developed as provided for by the plans and information on file with the City subject to stipulations of approval as outlined herein in accordance with Section 11-9-23 of the Zoning Ordinance. 2. Stormwater calculations must be submitted for Engineering staff review and approval prior to City Council consideration of the CUP and IUP amendment applications. 4 3. A building permit is required for any retaining walls that are four feet or higher. 4. All exterior lighting shall comply with Section 11-16-17 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 5. Waste storage shall comply the requirements of Section 11-18-11 of the Zoning Ordinance. 6. All wetland, grading, drainage, and erosion control issues shall be subject to review and approval of the City Engineer. c. Justin Miller, City Administrator Alex Jordan, Assistant City Engineer Mac Cafferty, Environment Resources Manager Andrea McDowell Poehler, City Attorney Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community City of Lakeville DB Building Storage Amendments to CUP & IUP EXHIBIT A&SUBJECT SITEI-35KAPARIA AVEKENRICK AVE215TH ST EUREKA TOWNSHIP GRASS SURFACEBITUMINOUSSTORMWATER BASINBOTTOM=1051.0NWL=1051.0HWL=1054.9(15) 8' SPRUCE TREES20' ON CENTER(10) 8' SPRUCE TREES20' ON CENTER(8) 8' SPRUCE TREES 20'ON CENTEREXISTING BITUMINOUSSURFACE124.048.430.0DUNHAM RENTALEASEMENT AREA(HATCHED AREA)EXISTING PONDINGPROPOSEDHOOP BLDGFF=1062.0Dunham Rental Properties10831 215th Street WestLakeville, MN 55044612-366-3762TOPOGRAPHIC SURVEYAND SITE LAYOUT ANDLANDSCAPE PLANPROPOSED HOOPBUILDINGSLAKEVILLE, MNPROPOSED LEGENDWATER MAINSANITARY SEWERSTORM SEWERWATER SERVICESANITARY SERVICECHAIN LINK FENCEVINYL/WOOD FENCELIGHT POLEHYDRANTWATER VALVESANITARY MANHOLESTORM MANHOLECATCH BASINSILT FENCEGRADING LIMITS999CONTOUR LINESPOT ELEVATIONDRAINAGE ARROWDETAILNOTESSSSWWWWSSSSSURVEY NOTES1. UTILITIES SHOWN ARE APPROXIMATE LOCATION. LOCATIONS OF UNDERGROUND UTILITIESCOMPILED FROM VISUAL EVIDENCE (FLAGGING & PAINT MARKS) AND RECORD DRAWINGS(DESIGN & AS-BUILT). CALL GOPHER STATE ONE CALL AT 811 FOR ALL UTILITY, GAS LINE, ANDELECTRICAL LINE LOCATIONS PRIOR TO EXCAVATION.2. PROPERTY CURRENTLY ZONED OFFICE PARK DISTRICT (OP). 3. TOTAL AREA OF PROPERTY AS SHOWN = 10.94 ACRES4. BENCHMARK - MNDOT MONUMENT, ELEV. = 992.045. SURVEY WAS COMPLETED IN OCTOBER, 2020.EXHIBIT B GRASS SURFACEBITUMINOUS3.8%2.6%3.0%STORMWATER BASINBOTTOM=1051.0NWL=1051.0HWL=1054.9(15) 8' SPRUCE TREES20' ON CENTERBITUMINOUS CURBCONTAINS FLOW(10) 8' SPRUCE TREES20' ON CENTER(8) 8' SPRUCE TREES 20'ON CENTEREXISTING BITUMINOUSSURFACE1062.01062.0 4.6%3.3%2.0%1059.33124.048.430.0DUNHAM RENTALEASEMENT AREA(HATCHED AREA)INFILTRATION BASINBOTT=1046.0HWL=1049.7EXISTING PONDING1049.5RIP-RAP OVERFLOWELEV=1049.5PROPOSEDHOOP BLDGFF=1062.04' BOULDER WALL1061.51061.5PAVEMENTSAW-CUTDunham Rental Properties10831 215th Street WestLakeville, MN 55044612-366-3762GRADING, DRAINAGE,AND EROSION CONTROLPLANPROPOSED HOOPBUILDINGSLAKEVILLE, MNPROPOSED LEGENDWATER MAINSANITARY SEWERSTORM SEWERWATER SERVICESANITARY SERVICECHAIN LINK FENCEVINYL/WOOD FENCELIGHT POLEHYDRANTWATER VALVESANITARY MANHOLESTORM MANHOLECATCH BASINSILT FENCEGRADING LIMITS999CONTOUR LINESPOT ELEVATIONDRAINAGE ARROWDETAILNOTESSSSWWWWSSSSSURVEY NOTES1.UTILITIES SHOWN ARE APPROXIMATE LOCATION. LOCATIONS OF UNDERGROUND UTILITIESCOMPILED FROM VISUAL EVIDENCE (FLAGGING & PAINT MARKS) AND RECORD DRAWINGS(DESIGN & AS-BUILT). CALL GOPHER STATE ONE CALL AT 811 FOR ALL UTILITY, GAS LINE, ANDELECTRICAL LINE LOCATIONS PRIOR TO EXCAVATION.2.PROPERTY CURRENTLY ZONED OFFICE PARK DISTRICT (OP). 3.TOTAL AREA OF PROPERTY AS SHOWN = 10.94 ACRES4.BENCHMARK - MNDOT MONUMENT, ELEV. = 992.045.SURVEY WAS COMPLETED IN OCTOBER, 2020. NOT FOR CONSTRUCTION A1EXHIBIT C EXHIBIT D 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA DUNHAM/DB BUILDING STORAGE INTERIM USE PERMIT/CONDITONAL USE PERMIT AMENDMENT FINDINGS OF FACT AND RECOMMENDATION On 7 October 2021, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Robert Dunham, DB Building Storage for an amendment to an Interim Use Permit for outdoor storage as a principal use within the RAO District and an amendment to a Conditional Use Permit to allow an exception to the building exterior finish requirements. FINDINGS OF FACT 1. The subject property is guided for warehouse/light industrial land uses by the 2040 Comprehensive Plan. 2. The subject property is zoned I-1, Light Industrial District and RAO, Rural Agriculture Overlay District. 3. The legal description of the property is: INSERT LEGAL DESCIPTION 4. The City Council on 6 August 2018 approved an Interim Use Permit allowing outdoor storage and a Conditional Use Permit allowing an exception to building exterior finish requirements. 5. Section 11-4-3.E of the City of Lakeville Zoning Ordinance provides that the Planning Commission shall consider possible effects of the proposed amendment with their judgment based upon, but not limited to, the following factors: 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 existing use of the property is an industrial activity consistent with the guidance of the property for industrial land uses by the 2040 Land Use Plan. The proposed amendment is consistent with the goal stated by the 2040 Comprehensive Plan to make expansion of business and industry a priority for providing employment opportunities and diversification of Lakeville’s tax base. 2 b. The proposed use is or will be compatible with present and future land uses of the area. Finding: Expansion of the existing industrial use will be compatible with existing and planned uses in the area. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The expanded industrial use will comply with the provisions of the Zoning Ordinance. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The proposed amendment will not impact public service demand or capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed from Kenrick Avenue, which is designated by the Transportation Plan as an A Minor Arterial roadway. Kenrick Avenue has adequate capacity to accommodate traffic generated by the expanded industrial use. 5. The report dated 30 September 2021 prepared by The Planning Company LLC (TPC) is incorporated herein. 6. The Planning Commission conducted a public hearing on the application, preceded by published and mailed notice, where the applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak and closed the public hearing. RECOMMENDATION The Planning Commission recommends that the City Council approve the application of Dunham, DB Building Storage for an amendment of the previously approved Interim Use Permit and Conditional Use Permit subject to the conditions outlined in the 30 September 2021 Planning Report. 3 DATED: October 7, 2021 LAKEVILLE PLANNING COMMISSION BY:_________________________________ Jeff Witte, Chair