HomeMy WebLinkAboutItem 06.fJuly 14, 2011 Item No.
JULY 18, 2011 CITY COUNCIL MEETING
ROFFE CONTAINER CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a conditional use permit for
Roffe Container and adopt the findings of fact.
Adoption of this motion will result in the construction of three 70 foot tall storage silos on property
located at 8415 — 220 Street.
Overview
Roffe Container has submitted an application for a conditional use permit to allow the
construction of three storage silos taller than 45 feet in the 1 -2, General Industrial District. The
requested silo height is 70 feet. Roffe Container is a plastic container manufacturer that is
proposing to locate their business in 20,400 square feet on the east side of the existing
150,000 square foot building located at 8415 — 220 Street. The proposed storage silos are
necessary to store plastic materials used in the manufacturing of finished plastic container
products. The property is zoned 1 -2, General Industrial District which allows a building height of
45 feet unless a conditional use permit is approved to exceed that height.
The Planning Commission held a public hearing on the conditional use permit at their July 7, 2011
meeting and unanimously recommended approval with an amendment to Stipulation No. 2 of the
June 30 planning report to allow the silos to be up to 70 feet in height. There was no public
comment. Staff recommends approval of the Roffe Container conditional use permit subject to
the six stipulations listed therein. The stipulation concerning FAA and MAC authorization has
been modified as described below.
Primary Issues to Consider
• Why has the stipulation concerning FAA and MAC authorization has been modified?
Supporting Information
• Staff analysis of issues
• Conditional use permit
• Findings of fact
• July 7, 2011 draft Planning Commission meeting minutes
Jun ; 30,2,E 1 planning report
Daryl M• ey, Planni C Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
Staff Analysis of Issues
• Why has the stipulation concerning FAA and MAC authorization has been modified?
The original stipulation listed in the June 30 planning report as recommended by the
Planning Commission required authorization from the FAA and MAC for the proposed silos
prior to City Council consideration of the conditional use permit. The applicant's
representative has indicated that the required information was submitted to the FAA
following the Planning Commission meeting and that the FAA's review could take up to
three months. So as to not hold up the conditional use permit application, staff has modified
Stipulation No. 3 of the June 30th planning report such that the conditional use permit is
contingent upon the FAA and MAC authorization. The conditional use permit will become
null and void if the authorization is not granted.
The requested silo height of 70 feet is consistent with similar silo structures and shorter than
the 100 foot tall mechanical equipment structures that were authorized in the past by the
FAA and MAC on the adjoining property to the east of the Roffe Container site.
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 11-
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a
Conditional Use Permit for Roffe Container to allow a structure height greater than 45 feet in
the I -2, General Industrial District.
2. Property. The permit is for the following described property located at 8415 — 220 Street in the
City of Lakeville, Dakota County, Minnesota:
That part of the Southwest Quarter of Section 33, Township 114, Range 20, Dakota County,
Minnesota, described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section; thence south
0 degrees 9 minutes East (assumed bearing) along the West line of said Southwest Quarter
1618.25 feet to the point of beginning of the tract to be described herein; thence 89 degrees
20 minutes 45 seconds East, 1120.00 feet along a line which when extended Easterly would
intersect the Northwest corner of Lot Five of Block Three of Airlake Industrial Park First
Addition; thence bearing South 0 degrees 09 minutes East, parallel with the West line of the
Southwest Quarter of said Section 664.26 feet; thence North 63 degrees 09 minutes 55
seconds West 366.35 feet; thence Westerly 191.91 feet along the tangential curve, concave
to the South having a radius of 400.00 feet and central angle of 27 degrees 29 minutes 20
seconds; thence South 89 degrees 20 minutes 45 seconds West, tangent to said curve,
608.49 feet to the West line of the Southwest Quarter of said section; thence North 0
degrees 09 minutes West along said West line 450.00 feet to the point of beginning.
3. Conditions. The permit is issued subject to the following conditions:
a) This conditional use permit is contingent upon authorization from the FAA and MAC for the
proposed silos. The conditional use permit will be null and void if the authorization from
1
the FAA and MAC is not granted. The conditional use permit will not be recorded and a
building permit for the silos will not be issued by the City without this authorization.
b) The silos shall be constructed in the location shown on the approved site plan.
c) The silos shall not exceed 70 feet in height.
d) The crane used to install the silos shall not exceed the height authorized by the FAA and
MAC.
e) The silos shall be painted to match a color that is compatible with the principal building.
f) Building permits are required prior to commencing any construction or remodeling work.
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 from the issuance of this permit the conditional use has not been
completed or the use commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Date: July 18, 2011
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this 18 day of July 2011 by Mark
Bellows, 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
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
ROFFE CONTAINER CONDITIONAL USE PERMIT
FINDINGS OF FACT
On July 7, 2011 the Lakeville Planning Commission met at its regularly scheduled meeting
to consider the application of Roffe Container for a conditional use permit to allow a
building height greater than 45 feet in the I -2, General Industrial District on property
located at 8415 — 220 Street. 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 currently zoned I -2, General Industrial District.
2. The property is located in Planning District No. 8 of the 2008 Comprehensive Plan, which
guides the property for industrial land use.
3. The legal description of the property is:
That part of the Southwest Quarter of Section 33, Township 114, Range 20, Dakota County,
Minnesota, described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section; thence south 0
degrees 9 minutes East (assumed bearing) along the West line of said Southwest Quarter
1618.25 feet to the point of beginning of the tract to be described herein; thence 89 degrees 20
minutes 45 seconds East, 1120.00 feet along a line which when extended Easterly would
intersect the Northwest corner of Lot Five of Block Three of Airlake Industrial Park First
Addition; thence bearing South 0 degrees 09 minutes East, parallel with the West line of the
Southwest Quarter of said Section 664.26 feet; thence North 63 degrees 09 minutes 55 seconds
West 366.35 feet; thence Westerly 191.91 feet along the tangential curve, concave to the South
having a radius of 400.00 feet and central angle of 27 degrees 29 minutes 20 seconds; thence
South 89 degrees 20 minutes 45 seconds West, tangent to said curve, 608.49 feet to the West
line of the Southwest Quarter of said section; thence North 0 degrees 09 minutes West along
said West line 450.00 feet to the point of beginning.
4. Section 11 - - 3E of the City of Lakeville Zoning Ordinance provides that a conditional use
permit may not be issued unless certain criteria and satisfied. The criteria and our findings
regarding them are:
1
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.
The existing industrial use and the proposed silos are consistent with the 1-2, General
Industrial District and Industrial designated land use for the property.
b. The proposed use is or will be compatible with present and future land uses of the area.
The proposed 70 foot tall silos 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.
Provided compliance with the stipulations of the conditional use permit, the proposed
silos will conform with the performance standards contained in the Zoning Ordinance.
d. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
The subject property lies within the existing MUSA. The property is served with city
sanitary sewer and city water. The existing industrial development and the silos
will not overburden the City's service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving the
property.
The existing industrial development and the silos will not overburden the streets serving
the property.
5. The planning report, dated June 30, 2011, prepared by Associate Planner Frank Dempsey is
incorporated herein.
DATED: July 18, 2011
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
air Davis asked for comments from the Planning Commission. Discussion points
we :
•
issioner Grenz wanted to confirm that he did not have to abstain from
this ote due to him being a current member of Life Time Fitness. Mr. Morey
indica - d that if Commissioner Grenz would have no financial gain from the
approva . f this request he would not have to abstain from the vote.
• Commission Lillehei wanted a clarification regarding signs being content
neutral. Mr. M. ey explained that this would b he third wall sign for the
facility and by or • ► ance the wording for this sign does not have to identify
the tennis facility. ' aff is recommending the thire wall sign be allowed
consistent with the seco dary wall sign allowance in the C =3 District.
• The Planning Commissio had a discussion regarding which side of the
building the sign should be ated: -,3 ey agreed the east or north walls of
the tennis center only The P : g; commission agreed to the following
additional stipulation:
11.37 Motion was made and - seconded t o recommend to ity Council approval of the
Life Time Fitness Planned Uriit;:Development amendm t to allow additional wall
signs, located at 48425 Dodd Bo ulevard, subject to the f. owing 3 stipulations, as
amended:
1. Tle PTJD- '',amendment shall pertain to the C -3 District req ► rements only for
signage.
:. sign permit is Tequired. prior to the installation of the propo - d third wall
3. The sign shall be "' loated
center only.
si
3. Thesign shall be located on the east or north walls of the tennis cent . only
Ayes: Maguire illehei, Davis, Adler, Grenz, Drotning, Boerschel.
Nays: 0
ITEM 6. ROFFE CONTAINER
Planning Commission Meeting
July 7, 2011
Page 3
the 'east or north walls of the tennis
Chair Davis opened the public hearing to consider the application of Roffe
Container for a Conditional Use Permit to allow a building height greater than 45
feet in the I -2, General Industrial District, located at 8415 - 220th Street. The
Recording Secretary attested that the legal notice had been duly published in
accordance with State Statutes and City Code.
Tom Janas, owner of Raffe Container, presented an overview of their project. He
commented that rail access is a major component for their facility. He also
indicated that they would like to amend Stipulation #2 in the June 30, 2011
planning report to read the silos shall not exceed 70 feet, rather than 67 feet in
height.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the silos would be approximately 67 feet in height, but that could vary
slightly so staff understands and supports the requested aiiendment to Stipulation
#2 of the planning report.
Mr. Dempsey stated that conditional use permits were granted:in 1999 and 2004 for
70 foot tall storage silos for the now vacant industrial property to the east. He
stated that in addition to the City approval, FAA and MAC approval is necessary to
allow the proposed storage silos because a:portion of the property lies within State
Airport Safety Zone A.
Mr. Dempsey stated that should the Planning Coi i riission recommend approval of
the CUP, Planning Department staff: : - recommends : approval subject to the 6
stipulations listed in the June 30, 2011 planning report, as .amended.
Chair Davis opened the hearing to the public for comment.
Planning Commission Meeting
July 7, 2011
Page 4
There were no comanents from theta zdience.
11.38 Motion was made and; seconded 1o=.cluse :the public hearing at 6 :24 p.m.
Ayes: Lilleleii Davis, Artier, Grenz, Drotning, Boerschel, Maguire.
Nays:
Chair Davis asked for coinments from the Planning Commission. Discussion points
were:
• Commissioner : 'Grenz commented on the requested 70 foot silos by the
applicant. He indicated that as long as that height is consistent with the
surrounding area and will not exceed 70 feet, he would be fine with
amending Stipulation #2. The other Commissioners agreed.
• Commissioner Lillehei asked why a greater height, rather than width, is
needed to obtain the necessary volume for the proposed silos. Mr. Janas
stated that it's easier to transport the silos from the manufacturing facility if
they do not exceed the 12 foot diameter they are proposing. A wider
diameter silo with a shorter height would add to the cost of the project.
• Commissioner Grenz asked how the product from the silos are loaded and
unloaded. Mr. Janas responded.
• Chair Davis thanked Mr. Janas for considering Lakeville for the expansion of
his business.
11.39 Motion was made and seconded to recommend to City Council approval of the
Roffe Container conditional use permit to allow a building height greater than 45
feet in the I -2, General Industrial District, located at 8415 - 220th Street, subject to the
following 6 stipulations, as amended.
1. The silos shall be constructed in the location shown on the approved site
plan.
2. The silos shall not exceed 70 feet in height.
3. Authorization from the FAA and MAC for the proposed silos is required
prior to City Council consideration of the conditional use permit.
4. The crane used to install the silos shall not exceed the height ,,.authorized by
5. The silos shall be painted to match,; a color .that is compatible with the
principal building.
6. Building permits are
remodeling work.
Nays: 0
the FAA and MAC.
Planning Commission Meeting
July 7, 2011
Page 5
required prior to coinmencing any construction
Ayes: Davis, Adler, Grenz, Drotning, Boerschel, Maguire, Lillehei.
or
Chair Da opened discussion for „e..application of Sunny Bhakta, owner of
Comfort ;. day ; •extension of sign height variance approved in 2008,
located* 10935 1 q Street:
SunnykBJ akta, owner of co t Inn, presented an overview of her request. Ms.
Bhakta explained that th€ economi ardship for two years in a row and not being
able to afford :to install the foot tall fr ; tanding sign approved by the variance is
the reason that :she has':requested the exte . She is in the process of getting
quotes for the cost'; = of t installing a freestanding s' : as allowed by the approved
variance.
Planning Director Daryl Morey presented the planning rep. . Mr. Morey
provided a short history of this freestanding sign height variance. He • icated that
the first extension was approved administratively as allowed by the oning
Ordinance but any extensions after that must be reviewed by the PI
Commission and approved by the City Council.
Memorandum
To Planning Commission
From: rank Dempsey, AICP, Associate Planner
Date: June 30, 2011
Subject: Packet Material for the July 7, 2011 Planning Commission Meeting
Agenda Item: Roffe Container Conditional Use Permit
Application Action Deadline: August 9, 2011
INTRODUCTION
Roffe Container has submitted an application for a conditional use permit to allow
the construction of three 67 foot tall storage silos on property located at 8415 —
220 Street. Roffe Container is a plastic container manufacturer that is proposing to
locate their business in 20,400 square feet of the east side of the existing building.
The proposed storage silos are necessary to store plastic materials used in the
manufacturing of finished plastic container products. The property is zoned I -2,
General Industrial District which allows a building height of 45 feet unless approved
by conditional use permit to exceed that height.
The following exhibits are attached for your information:
EXHIBITS
item No
City of Lakeville
Planning Department
A. Location and Zoning Map
B. Aerial Photo
C. Property Survey /Site Plan
D. Silo Illustration
E. MAC Runway Protection Zone Map
F. Street Level View of the ROffe Container Property
G. Street Level View of the Property to the Right (East) of the Roffe Container Property
PLAN ANALYSIS
Surrounding Land Uses and Zoning
North — Empire Builder trans - loading facility (I -2 District)
South — 220 Street and Airlake Airport (I -2 District)
East — Berry Plastics (Currently Vacant) (I -2 District)
West — Highview Avenue and undeveloped MAC Property (I -2 District)
Property. The subject property is 12.5 acres in area and is bounded by Highview
Avenue on the west and 220 Street on the south. The site includes a 150,000 square
foot metal building with parking constructed in 1972. Roffe Container will occupy
20,400 square feet of the building. Other occupants in the building include Custom
Stud, Dakota Truck and a cable installation company. Approximately 50,000 square feet
of the building will remain unoccupied following the occupancy by Roffe Container.
Building Height Criteria. Section 11 -17 -7 of the Zoning Ordinance allows buildings to
exceed the height limitations established within the individual zoning districts through a
conditional use permit provided that:
1. The site is capable of accommodating the increased intensity of use.
The property is capable of accommodating the three proposed 67 foot tall silos.
2. The increased intensity of use does not cause an increase in traffic volumes
beyond the capacity of the surrounding streets.
The proposed three 67 foot tall silos will not increase traffic volumes beyond
what can be accommodated by the surrounding streets.
3. Public utilities and services are adequate.
Public utilities are in place to accommodate the proposed 67 foot tall silos.
4. For each additional story over three (3) stories or for each additional ten feet
(10') above thirty five feet (35'), front and side yard setback requirements
shall be increased by five feet (5').
The minimum building setback requirements in the 1-2, General Industrial District
are as follows:
Front — 40 feet
Sides —15 feet
Rear — 30 feet
2
The proposed silos will be set back 125 feet from the closest property line,
exceeding the additional setback requirement.
5. The increased height is not in conflict with airport zoning regulations as
provided in chapter 36 of this title.
The west portion of the 12.5 acre property is located in State Safety Zone A as
identified on the attached Exhibit E. The State Safety Zone Map does not
show the area of the proposed silos to be located in either of the two State
Safety Zones.
The applicant has applied to FAA and MAC for permission to exceed the
maximum 45 foot building height as allowed in the 1 -2 District. Authorization
from the FAA and MAC will be required prior to City Council consideration of
the conditional use permit. Twelve similar storage silos up to 70 feet in height
and three mechanical equipment enclosures up to 100 feet in height were
approved by conditional use permit for the property adjacent to and east of
the Roffe Container property in 1999 and 2004. Those structures also required
FAA approval prior to the issuance of a conditional use permit. A street view
of the Berry Plastics mechanical equipment towers and storage silos can be
seen on Exhibit G.
6. The performance standards and criteria of chapter 4 of this title are
considered and satisfied.
Findings of Fact are attached
RECOMMENDATION
Planning Department staff recommends approval of the Roffe Container conditional use
permit subject to the following stipulations:
1. The silos shall be constructed in the location shown on the approved site plan.
2. The silos shall not exceed 67 feet in height.
3. Authorization from the FAA and MAC for the proposed silos is required prior to
City Council consideration of the conditional use permit.
4. The crane used to install the silos shall not exceed the height authorized by the
FAA and MAC.
3
5. The silos shall be painted to match a color that is compatible with the principal
building.
6. Building permits are required prior to commencing any construction or
remodeling work.
cc: Roffe Container
Cerron Properties
Kiehm Construction
4
T t
Airlake Airport and City Limits
215TH ST W
I
w
Location of 8415 - 220th Street
220TH - ST_W
210TH "ST W
214TH ST W
EXHIBIT A
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Dakota County, MN
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