HomeMy WebLinkAbout#26 - Delwin Transfer CUPSTAFF REPORT
DATE: 10/18/22
REGULAR
MOTION TO: City Council FROM: Ben Hetzel, Lake Elmo City Planner AGENDA ITEM: Crossroads East CUP Request – Delwin Transfer
INTRODUCTION: Delwin Transfer recently submitted a conditional use permit application for a motor freight and warehousing use at the northeast quadrant of intersection Hudson Boulevard N and Lake Elmo Avenue N (PID 3602921330020).
The proposed use would be located in the Crossroads East First Addition Business Park PUD development. City Council approved the Crossroads East First Addition final plat and final planned unit development (PUD) on November 3, 2021. As part of the PUD approval, there are specific uses that are readily permitted that would normally require conditional use permit approval. This approved Planned Unit Development has this use listed as a conditional use.
No additional buildings or structures are being proposed as part of this request. The request is to allow the use to operate and occupy space within the approximate 150,000 square foot Crossroads East Office Warehouse that has already been approved on Block 1 Lot 1 of the Crossroads East First Addition Plat.
ISSUE BEFORE THE CITY COUNCIL: Should City Council approve the requested conditional use permit for a motor freight and warehousing use?
REQUEST DETAILS/ANALYSIS:
Applicant: Delwin Transfer
Property Owner: Crossroads East LLC
Location: 11160 Hudson Blvd N, Suite 345
Request: Conditional Use Permit for motor freight and warehousing
Site Area: 12.9 acres
Existing Land Use: Large commercial building under construction
Existing Zoning: Business Park/ Light Manufacturing PUD
Surrounding: North - Low Density Residential PUD
South - NA
East – Rural Transitional West – Rural Transitional Comprehensive Plan: Business Park
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Deadline for Action: Application Complete – 8/25/22 60 Day Deadline – 10/25/22 Extension Letter - NA Regulations: Article XV Commercial Districts
LEC 105.12.110(b)(11)
LEC 105.12.410 Off-Street Parking PROJECT ANALYSIS Delwin Transfer is a contract trucking company that provides transportation for food grade
commodities. The suite space would be used for office space and maintenance of company
equipment. The office space is primarily for business support services, scheduling, and finance. The warehouse space would be used for maintenance work and storage of parts and equipment. Sixteen semi-trucks and trailers will be stored onsite and leave the location once in the morning and return once in the evening and park in the centrally located truck and trailer parking area
shown in the figure below.
The proposed use would be located in suite 345 with 3,861 total square feet of floor space. 618 square feet would be dedicated to the office space while 3,243 square feet would be dedicated to warehouse space. There would be 3 office employees and up to 17 drivers. If approved, this and
future motor freight and warehousing uses must comply with the adopted Conditions of
Approval and intensification of the use would require approval by the City Council. Parking The final plat and planned unit development approval has a condition that there must be a
breakdown of the types of uses and their floor spaces with a detailed parking calculation for
each. The Lake Elmo City Code requires 1 space per 300 square feet of office or sales area and one space per 3,000 square feet of storage area. Based on number of employees and semi-trucks and trailers, 20 regular parking stalls and 16 semi-truck parking stalls would be needed.
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REVIEW COMMENTS Fire Department (Summary of Memo dated September 9, 2022) 1. Building address numbers and suite identification shall be plainly visible from the street and have contrasting color from the background. Size and placement shall be approved
by the Fire Department. 2. The fire sprinkler system shall be installed compliant with code. 3. Dry chemical fire extinguishers shall be provided and installed. 4. Rooms containing controls for air-conditioning systems, roof access, elevator equipment, sprinkler risers and valves, or other fire detection/suppression equipment shall be
identified for the use of the fire department. Landscape Architect The applicants would be tenants with the Crossroads east development with no additional exterior improvements/changes being proposed. These CUP applications do not require
landscape or tree preservation review. RECCOMMENDED CONDITIONAL USE FINDINGS Conditional use means a land use or development as defined by ordinance that would not be
appropriate generally but may be allowed with appropriate restrictions as provided by official
controls only upon a finding that all of the following provisions are met. Staff recommends the following findings: 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. The use will not endanger the
public health, safety, comfort, convenience or general welfare of the neighborhood or the City. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The site has already been rezoned to the zoning guided by the 2040 Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. The proposed use is
within the Crossroads East First Addition development. The lot directly to the east is also
within the Crossroads East First Addition development, which is allowed similar permitted or conditionally permitted uses. The property to the west is undeveloped, but is guided for Mixed-Use Commercial zoning which has the ability to incorporate vehicle related uses as well. The conditions of approval are designed to minimize any impacts on existing and future residential
neighborhoods. The developer is also improving the screening along the residential
development by placing a 6 foot high opaque fence on top of the existing berm and relocating trees by December 31, 2022 to negate negative impacts on the residential development to the north. 4. The proposed use meets all specific development standards for such use listed in the Zoning Code. The use meets all the specific development standards for an automotive maintenance and repair use set forth in LEC 105.12.110(b)(11). Because the conditional use permit will run with the land, any future motor freight and warehousing use must also meet the standards.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets
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all the specific standards for such use listed in Article XIX (Shoreland Management) and Title 100 (Flood Plain Management). The proposed use is not in a flood plain management or
shoreland area.
6. The proposed use will be designed, constructed, operated, and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed use does not require the
construction of any new buildings or change in appearance of the Crossroads East Office Warehouse. The building has already been approved and near completion. All maintenance and storage of equipment and parts will be done indoors. The planned improved screening will also help protect the essential character of the area.
7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use is not of a hazardous nature, nor
should it create a nuisance. In addition to the nuisance standards of the City Code, the conditions of approval were created in order to prevent negative impacts on existing or future
neighboring structures. 8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use.
The proposed use will be served adequately by essential public facilities and services. 9. The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
The proposed use will not create excessive additional requirements at a public cost.
10. The proposed use will not involve uses, activities, processes, materials, equipment, and
conditions of operation that will be detrimental to any persons, property, or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
As proposed, the use will not produce excessive traffic, noise, fumes, glare, or odors due to the
recommended conditions of approval. All maintenance and repair activities will be conducted indoors. Vehicles used for the shipment of goods and materials are not operating onsite the majority of the day, nor do all vehicles operate every day. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The proposed use should not create traffic congestion or interfere with traffic on the surrounding public thoroughfares. Approval of the Crossroads East development required the installation of turn lanes into the property entrance, minimizing the chances for traffic congestion. 12. The proposed use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The use will not result in the destruction, loss, or damage of a
natural or scenic feature of major importance. FISCAL IMPACT: None
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CONDITIONS OF APPROVAL 1. The applicant must obtain all other necessary City, State, and other governing body permits and approvals before receiving an occupancy permit. 2. Intensification of the use beyond what is proposed and approved will require City approval of
a Conditional Use Permit Amendment. 3. All conditions in the Fire Chief’s memorandum dated September 9/9/22 must be met prior to receiving an occupancy permit. 4. This approval is for a motor freight and warehousing use in suite 345 only. Any expansion outside the designated suite space will require approval from the City of Lake Elmo.
5. Outdoor storage of transfer materials is not included in this approval. 6. Overhead doors shall remain closed unless a vehicle is entering or leaving the tenant space. 7. There shall be no more than 16 shipment vehicles and trailers onsite at any one time. 8. The hours of operation shall be limited to 6:30 AM-5:00 PM Monday through Friday. 9. No additional outdoor lighting shall be added without City approval.
10. Tractors and trailers may only park in the in the designated parking area located in the central northern area of the plans of Crossroads East First Addition of Lot 1, Block 1. PUBLIC COMMENT: A public hearing notice was sent to surrounding property owners on September 14, 2022 and
published in the Stillwater Gazette on September 16, 2022. Staff has received two comments via email that were against the proposed use, citing concerns of an inadequate landscaping buffer for the homes to the north, and that the proposed use is not consistent with a light industrial business park.
The public hearing on September 26th produced comments and concerns mainly concerning the ongoing construction onsite such as inadequate screening, closed roads, fumes dust control and not following working hours. There were concerns that there would be an inability to control tenants. OPTIONS: The City Council may:
• Approve the request.
• Approve the request with conditions.
• Deny the request, citing findings of fact for denial. RECOMMENDATION: The Planning Commission recommended denial of the proposed use at the September 26, 2022 meeting. Findings for denial included inappropriate screening for the residential development to the north, increased traffic, and the hours of operation not being appropriate. The hours of operation
identified in the conditions of approval have been adjusted since the Planning Commission meeting. Staff recommends that the City council approve the conditional use permit request from Delwin Transfer to allow a motor freight and warehousing use with conditions in suite 345 at 11160 Hudson
Blvd N. “Motion to approve Resolution No. 2022-096 with conditions, approving the subject conditional use permit for a motor freight and warehousing use in suite 345 at 11160 Hudson Boulevard N.”
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ATTACHMENTS: 1) Land Use Application 2) Written Statements 3) Location Map 4) Site Plan
5) Suite Location 6) Fire Department Memo dated September 9, 2022 7) Public Comments
Tenant: Delwin Transfer
Property: 11160 Hudson Blvd, Lake Elmo, MN
Suite(s): 345
Architecture Occupancy Code: Group B for Office and Group F-1 for Warehouse
Description: Contract trucking company providing transportation services for food
grade commodities. Suite will be used for offices and maintenance of
company equipment. There is no warehousing of goods on premise.
They contract primarily with General Mills. In the morning their empty
semi-trucks leave to go pick up materials, transfer materials to various
inner-city locations and return at night empty to park in the secure
parking area of the Crossroads East property. They have about 16 trailers
that will be going in and out approx. one time per day – morning out and
afternoon in. The office staff is primarily providing business support
services like scheduling, finance, etc. Typical maintenance work is
performed on the tractors and trailers as needed. Warehouse is storage
for parts and tools.
Website: None
No of Employees: 3 office employees and up to 17 drivers
Office SF 618 SF
Warehouse 3243 SF
Parking Requirements: They will have 16 semi-trailer secure parking spots in the middle of the
secure lot. No other secure parking will be needed. Not all tractor trailers
run every day. The trucks leave early morning and come back in the
afternoon.
They have a need for between 3-17 daily parking spaces depending on
business activity.
Our buildings plans show a truck and trailer parking area with the fenced
secured parking area. All trucks and trailers will be parked within this
area.
Noise Concerns: All vehicle work is performed within their space. No loud noises are
generated by the work.
Lighting Nothing beyond the stand exterior lighting that we have proposed for the
project.
Public Health Concerns There are no concerns related to endangering public health or welfare for
the neighborhood or city.
Confirms to Comprehensive Plans The development conforms to the city comprehensive plan
LEC 105.12, art IX The proposed use meets all specific development standard for such use
listed in LEC 105.12, art. IX
Floodplain This is not applicable for this development.
Exterior Character of Project The proposed use does not modify the current look and construction of
the CR East project.
Hazard or Nuisance The use of this tenant will not be hazardous or create a nuisance, as
defined, to existing or future neighboring structures.
Public Facilities Service The proposed use will be adequately supplied by the public facilities as
per the CR East plan requirements
Add’l Public Costs There are no additional requirements at public cost for public facilities
and services and will not impact the economic welfare of the community.
Traffic, Noise, smoke, etc. This business does not produce excessive traffic, noise, smoke, fumes,
glare or odors. The trucks leave the premise between 5:30-7am Monday
through Friday and return to the building mid-afternoon.
Vehicle Congestion This business will not create any traffic congestion or interfere with traffic
on the surrounding Hudson Blvd and Lake Elmo Ave roadways.
Destruction Nature This business will not damage or remove any natural or scenic feature of
major importance.
PUD Requirements b. Services xv) Transportation service
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2022-096
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT WITH
CONDITIONS FOR A MOTOR FREIGHT AND WAREHOUSING USE IN SUITE 345 AT 11160 HUDSON BOULEVARD N.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Delwin Transfer (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit for a motor freight and warehousing use in
suites 345 at 11160 Hudson Blvd N (PID# 3602921330020) (the "Property"); and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on
September 26, 2022; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated October 18, 2022; and
WHEREAS, the City Council considered said matter at its October 18, 2022 meeting; and
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 105.12.290.
2) That all the submission requirements of said Section 105.12.290 have been met by the Applicant.
3) That the proposed Conditional Use Permit is for a motor freight and warehousing use. 4) The approved Planned Unit Development for Crossroads East First Addition lists a motor freight
and warehousing use as a conditional use. 5) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The use will not endanger
the public health, safety, comfort, convenience or general welfare of the neighborhood or
the City.
6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The site
has already been rezoned to the zoning guided by the 2040 Comprehensive Plan.
7) The use or development is compatible with the existing neighborhood. The proposed use
is within the Crossroads East First Addition development. The lot directly to the east is
also within the Crossroads East First Addition development, which is allowed similar
permitted or conditionally permitted uses. The property to the west is undeveloped, but is
guided for Mixed-Use Commercial zoning which has the ability to incorporate vehicle
related uses as well. The conditions of approval are designed to minimize any impacts
on existing and future residential neighborhoods. The developer is also improving the
screening along the residential development by placing a 6 foot high opaque fence on
top of the existing berm and relocating trees by December 31, 2022 to negate negative
impacts on the residential development to the north.
8) The proposed use meets all specific development standards for such use listed in the Zoning
Code. The use meets all the specific development standards for an automotive
maintenance and repair use set forth in LEC 105.12.110(b)(11). Because the
conditional use permit will run with the land, any future motor freight and warehousing
use must also meet the standards.
9) If the proposed use is in a flood plain management or shoreland area, the proposed use
meets all the specific standards for such use listed in Article XIX (Shoreland Management)
and Title I 00 (Flood Plain Management). The proposed use is not in a flood plain
management or shoreland area.
10) The proposed use will be designed, constructed, operated, and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area. The proposed use does not require the
construction of any new buildings or change in appearance of the Crossroads East
Office Warehouse. The building has already been approved and near completion. All
maintenance and storage of equipment and parts will be done indoors. The planned
improved screening will also help protect the essential character of the area.
11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use is not of a hazardous
nature, nor should it create a nuisance. In addition to the nuisance standards in the City
Code, the conditions of approval were created in order to prevent negative impacts on existing or future neighboring structures.
12) The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
The proposed use will be served adequately by essential public facilities and services.
13) The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community. The proposed use will not create excessive additional requirements at a
public cost.
14) The proposed use will not involve uses, activities, processes, materials, equipment, and
conditions of operation that will be detrimental to any persons, property, or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. As
proposed, the use will not produce excessive traffic, noise, fumes, glare, or odors due to
the recommended conditions of approval. All maintenance and repair activities will be conducted indoors. Vehicles used for the shipment of goods and materials are not
operating onsite the majority of the day, nor do all vehicles operate every day.
15) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. The proposed use should not
create traffic congestion or interfere with traffic on the surrounding public
thoroughfares. Approval of the Crossroads East development required the installation of
turn lanes into the property entrance, minimizing the chances for traffic congestion.
16) The proposed use will not result in the destruction, loss, or damage of a natural or scenic
feature of major importance. The use will not result in the destruction, loss, or damage
of a natural or scenic feature of major importance. 17) That, in accordance with City Code Section 105.12.290, the commercial vehicle repair use is
permissible under the Conditions 1-10 as provided in the decision below, and incorporated herein:
DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the
information received and the above Findings, that the City Council of the City of Lake Elmo
hereby approves the request by Delwin Transfer for a Conditional Use Permit for a motor freight
and warehousing use in suite 345 on the property located at 11160 Hudson Blvd N, and grants the
same, subject to the following conditions of approval:
1. The applicant must obtain all other necessary City, State, and other governing body permits and approvals before receiving an occupancy permit.
2. Intensification of the use beyond what is proposed and approved will require City approval of a Conditional Use Permit Amendment. 3. All conditions in the Fire Chief’s memorandum dated September 9/9/22 must be met prior to
receiving an occupancy permit. 4. This approval is for a motor freight and warehousing use in suite 345 only. Any expansion outside the designated suite space will require approval from the City of Lake Elmo. 5. Outdoor storage of transfer materials is not included in this approval. 6. Overhead doors shall remain closed unless a vehicle is entering or leaving the tenant space. 7. There shall be no more than 16 shipment vehicles and trailers onsite at any one time. 8. The hours of operation shall be limited to 6:30 AM-5:00 PM Monday through Friday. 9. No additional outdoor lighting shall be added without City approval. 10. Tractors and trailers may only park in the in the designated parking area located in the central northern area of the plans of Crossroads East First Addition of Lot 1, Block 1.
Passed and duly adopted this 18th day of October, 2022 by the City Council of the City of
Lake Elmo, Minnesota.
____________________________________ Mayor Charles Cadenhead
ATTEST:
_______________________________ Julie Johnson, City Clerk