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HomeMy WebLinkAbout5.a. PCExecSum SKB Recycling Comp Plan Amend and Rezoning 12-14-15EXECUTIVE SUMMARY Planning Commission Meeting Date: December 14, 2015 Tentative City Council Meeting Date: January 5, 2016 AGENDA ITEM: Cases15-44-RZ & 15-45-CPA SKB Environmental, Inc. Comprehensive Plan Amendment, Rezoning and PUD Concept AGENDA SECTION: Plan Applications to facilitate the future Public Hearing construction of an enhanced metals recycling operation adjacent to the existing landfill site. AGENDA NO. PREPARED BY: Kyle Klatt, Senior Planner 5.a. ATTACHMENTS: Site Map, s Narrative, Grading APPROVED BY: Concept Plan, Current and Proposed Land . Use Map, Current and Proposed Zoning K.L Map RECOMMENDED ACTION: Staff recommends the Planning Commission adopt the following three motions: Motion 1. to recommend the City Council approve a Comprehensive Plan Amendment changing the land use designation of the easterly 1,200 feet of the Light Industrial and BP Business Park to GI General Industrial subject to the following: a. Approval of the Comprehensive Plan Amendment by the Metropolitan Council. b. No construction or mining activity may commence on the property until a PUD Master Development Site Plan and PUD Final Site and Building Plan have been approved by the City Motion 2. to recommend the City Council approve rezoning the easterly 1,200 from AG Agricultural to GI-PUD General Industrial PUD subject to approval of the above conditions. Motion 3. to recommend approval of a PUD Concept Plan for the Phase 1 development area as documented on the Concept Grading Plan subject to the following conditions: a. Prior to submission of a PUD Master Development Plan for the site, the applicant will need to submit detailed plans as required for a Planned Unit Development, including: grading, drainage and erosion control, storm water management, landscape, tree preservation and replacement, site development, and other plans specified in the Zoning Ordinance or requested by the City. b. The PUD development plans must include a plan for access and final approval by MnDot should access be from Highway 55. c. The final grades for the site are subject to review and approval by the City and must take into account future development on all portions of the site that will be excavated. d. The applicant must dedicate or provide an easement for public road and utility purposes from the existing centerline of 140th Street consistent with the Interim Use Permit for the SKB Industrial Containment Facility. e. The applicant should maintain as much of the vegetation along 140th Street as possible to provide screening and separate from adjacent property south of the subject property. Future site plans will be reviewed ering and screening and tree preservation requirements. f. The future development plans must account for an existing single-family home located adjacent to the Phase 1 development area. Screening between this site and the proposed development should either be maintained or added in order to provide buffering between these uses. g. It is anticipated that future development on the site, with the exception of the area adjacent to the future intersection will be consistent with General Industrial or Light Industrial zoning standards and will meet the ordinance requirements for those districts. There is no intention to expand the Waste Management Land Use. SUMMARY The Planning Commission is being asked to consider a request from SKB Environmental, Inc. for amendments to the City of Rosemount Comprehensive Plan and Zoning Map that would facilitate the future establishment of expanded metals recycling operations on property immediately to the east of the existing landfill site at 13425 Courthouse Boulevard (Highway 55). The proposed amendments as requested by the applicant include the following: A Comprehensive Plan Amendment that would change the future land use designation of the subject property from its current designation of LI Light Industrial and BP Business Park to GI General Industrial. A Zoning Map Amendment that would change the current AG Agriculture zoning designation of the property to GI General Industrial. Please note that Staff does not support approval of the full extent the amendments that have been requested by the applicant at this time, but is recommending approval of the request for the western-most portion of the site. A partial land use change as recommended by Staff would provide future development of Phase 1 improvements after final approval of a PUD Master Development Plan. In light of the recommended concept approval, staff is recommending rezoning of Phase I to GI-PUD. 2 A third aspect of the applicant request is an overall concept plan for the entire property that is intended to serve as the basis for a future Planned Unit Development (PUD) request. Because the general concept plan is being used to support the proposed Comprehensive Plan and Zoning Map amendments, staff is recommending that the Planning Commission discuss the concept and land uses. These comments will provide feedback to the applicant in terms of future expectations for final Master Development approval of Phase I and future phases of development on the entire site. Staff is recommending approval of the proposed amendments as revised by staff subject to Metropolitan Council approval of the Comprehensive Plan amendment and with a requirement that no construction or mining activity may commence on the property until a PUD Master Development Plan and PUD Final Site and Building Plan have been approved by the City. Additionally, a recycling facility is a conditional use in the General Industrial zoning district. Staff further recommends that the Planning Commission recommend approval of Phase I PUD concept plan for the site subject to the conditions of approval as listed in this report. BACKGROUND Applicant: SKB Environmental, Inc., 251 Starkey Street, St. Paul, MN Location: Five parcels located immediately east of the current landfill site (13425 Courthouse Boulevard) south of Courthouse nd Boulevard, north of Ehlers Path and 142 Street East, and approximately 1,000 feet west of the intersection of Highways 42 and 55 Area in Acres: 184.16 acres total site area; 55 acres recommended for rezoning and reguiding Comp. Guide Plan Design: LI Light Industrial and BP Business Park Current Zoning: AG - Agricultural The applicant presently operates the SKB Rosemount Industrial Waste Facility at 13425 Courthouse Boulevard immediately west of the of the subject property. The waste facility is permitted by the City through an interim use permit, which was most recently amended in 2013. As part of the 2013 approval, the applicant was allowed to expand the operation, which included ability to operate and maintain a recycling/transfer facility on the premises (this was carried forward from an earlier approval). The City authorized construction of a new building for the recycling operations in September of 2014 that was located southwest of the office/testing labs. The other operations on site are all in conformance with the approved interim use permit, which was approved for a term of five years. Since the renewal of its IUP, SKB has expressed an interest in continuing to make investments in its recycling operations, and is seeking approval to construct an additional set of buildings and related improvements to support this aspect of its business. The size and scope of the proposed expansion cannot be accommodated within the existing site given the location of the landfill and proposed expansion on the property. The applicant has therefore approached the neighboring property owner to the east, about acquiring additional land to support the expanded recycling operation and to provide room for future additional industrial activity. The property that would be sold to SKB includes five parcels between the landfill site and the Highway 42/55 intersection and between nd Courthouse Boulevard (Highway 55) and Ehlers Path/142 Street that totals 184.16 acres of land. nd The acreage number includes a small triangular area south of 142 Street that is guided for 3 The concept plan submitted with the land use and zoning amendments proposes development of nearly 160 acres of the land to be acquired (minus the commercially guided land noted above), and depicts an overall rough grading plan for the site. Without additional details concerning the future development of the property; however, staff has recommended that the applicant obtain only concept approval of Phase I and reguidng and rezoning for Phase I. Staff is comfortable reguiding the Phase I land to General Industrial and approving a concept PUD but a final master development plan approval is required prior to any work commencing on the site. At this time, staff is not supportive of rezoning or reguding the entire site. Typically, the City would not rezone or reguide property without processing a site plan concurrently. The proposed amendments, as recommended by staff, are therefore limited to the area depicted as Phase 1 on the attached concept plan. The general concept for Phase I includes buildings and activities that will support an enhanced metals recycling operation for the landfill, including buildings for the processing of materials, a maintenance shop, and aggregate driveway and operations area. This new site will differ from the current recycling operation because it will be able to separate even finer amounts of metal from the waste coming into the facility. In practice, this means that materials will first be sorted at the existing facility on the landfill site and then brought to the new site for further processing. The primary material that is being handled by SKB to remove metals for recycling is mixed municipal solid waste ash that would otherwise be deposited into one of the landfill cells on the premises. By sorting and reclaiming metal material that would otherwise go into the ground, SKB is able to reduce the need for additional landfill space. SKB is also proposing to utilize the site under consideration for the extraction of aggregate material for site development and preparation. From a practical standpoint, this means that the applicant will be offering material from the site to haulers bringing materials to the site (i.e. to replace contaminated soils excavated elsewhere), using these materials for cover in the adjacent landfill, and using the aggregate resource as a base for future building areas on the property. This has the effect of functioning like a mining site. Staff would not support mining alone on the property but may support grading and mining to facilitate development on site. The next review will have to provide Additional details concerning the extraction activity will need to be submitted as part of future PUD plan submissions. Prior to moving forward with development of the Phase I property, the applicant will need to submit much more detailed plans for review by the City. Staff is recommending that all future development of this property be allowed through a PUD process, which means the applicant will need to submit a PUD Master Development and PUD Final Site and Building Plans before starting any development work in Phase 1. These plans will need to provide details concerning grading, storm water management, tree preservation and replacement, access, and other issues that need further review. Although a concept has been submitted for the entire property to be acquired by the applicant, the grading and storm water plans will need to be revised to address City regulations. Without a more Approval of a PUD concept plan d review of a master development and final development plans; however, Staff has provided an initial set of review comments that should be addressed by the applicant with any subsequent plan submittals. The conditions recommended with the concept plan have been drafted to give the applicant further direction on this matter as part of its Comprehensive Plan and Zoning discussion opment of the parcel through a PUD process. 4 ISSUE ANALYSIS Legal Authority This application includes a comprehensive plan amendment, rezoning and PUD concept plan for Phase I. Amendments to the Comprehensive Plan are considered legislative actions, meaning that the City is formulating public policy. The City may amend the Comprehensive Plan after a public hearing before the Planning Commission and a two-thirds majority vote by the City Council. These applications also require approval by the Metropolitan Council, and may require notification to the surrounding communities prior to Metropolitan Council review. Rezoning and Planned Development applications are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed established requirements they must be approved Staff review of each of the application components is provided below. Comprehensive Plan Amendment The City adopted the 2030 Comprehensive Plan in November 2009. This document includes the Land Use Map which details the future land use designations for each property in the community. Staff finds the proposal to re-guide the subject property (Phase I of a larger overall plan for the property) from LI Light Industrial and BP Business Park to GI General Industrial consistent with the overall goals and policies of the 2030 Comprehensive plan. A map illustrating the proposed land use change is attached for your reference. Specifically, staff finds the proposal consistent with the Comprehensive Plan's over-aintain a manageable and reasonable growth rate that does not adversely impact the delivery of services but allows the community to grow and become more diverse from now until 2030. Staff also finds that the addition of more land to be guided for GI General Industrial is generally consistent with the location criteria from the plan which reads as follows: Location Criteria: The size of each General Industrial district is intended to be greater than 400 acres in size. Access to the district should occur along arterial or major collector roads. To provide the greatest buffer to the residents traveling the arterial or major collector roadways from the nuisance generated by the industries, the least intense and highest quality buildings and structures should be located adjacent to the roadways. WM Waste Management district, which in turn directly abuts the larger GI General Industrial northwest of thI parcel in particular will provide a transition area between the more intensive landfill site and property that is guided for light industrial or business park activity. While the first phase will be considered for General Industrial, staff may want to have a less intense use as future phases move eastward. The City has a large amount of industrially zoned and guided property and care should be taken to ensure a mix of uses within the community. Additionally, there is a strong interest in providing a reasonable transition from a more intense industrial use to light industrial, business park, and commercial. Staff further finds the proposed GI General Industrial classification consistent with the surrounding existing and future land uses, especially since it will act as a buffer for less intensive uses southeast of the landfill property. The existing and future land use designations of the surrounding parcels are detailed in the table below. 5 Surrounding Existing & Future Land Use Designations Direction Existing Land Use Future Land Use Status Agricultural AG Agriculture (2030 Plan) North Conforming Corporate Campus (42-52 Plan) Agricultural LI Light Industrial South Conforming BP Business Park Agricultural BP Business Park East Conforming CC Community Commercial West Waste Management WM Waste Management Conforming According to the Comprehensive Plan, intent of the General Industrial designation is to provide an opportunity for employment with wages that can support an entire family while the businesses typically have a lower tax base per acre than other commercial and industrial uses. General industrial businesses normally generate noises, smells, vibrations, and truck traffic that can be disturbing to non-industrial land uses. General industrial land should not be located next to residential developments. Topography, landscaping, less intense land uses, or other forms of buffering shall be used to transition between general industrial property and residential, recreational, or institutional land uses. meets these requirements, and is situated in a location that will not be adjacent to any planned residential development areas within the community. The proposed use will be reviewed for compliance with the ral industrial zoning standards, and the applicant will not be able expand the landfill operations on to the subject property. Prior to adoption of any amendments to the Comprehensive Plan, proposed amendment must first be reviewed and approved by the Metropolitan Council. Depending on the size, scope, and location of the amendment, it may also be subject to review by adjacent jurisdictions (which requires a 60-day comment period). Should the amendment be approved by the City, Staff is recommending a condition of approval that requires formal Met Council review and approval. Rezoning There are four key criteria for the City to weigh when considering a rezoning request. These criteria and staffs findings for each are outlined below. In this case, the applicant proposes to rezone the subject property from AG Agricultural to GI-PUD General Industrial PUD to allow the establishment of a recycling operation on property immediately adjacent to the SKB landfill site. A map illustrating the proposed zoning change is attached for your reference. Based on a review of these criteria, staff recommends approval of the rezoning proposal. . The proposed rezoning from AG Agricultural to GI- PUD General Industrial-PUD is consistent with the Comprehensive Plan. This is based on the City According to the Comprehensive Plan, GI General Industrial is an appropriate zoning classification for properties guided GI General Industrial. This land use designation is intended to provide for manufacturing, assembly, laboratories, contractor offices, trucking and freight terminals, warehousing, and wholesaling, and the recycling operations are a conditional use in the General Industrial District. Staff is supporting General Industrial because of the uses proposed by the applicant. Similar to the discussion in the Comp Plan section, staff does not want to provide more intensive industrial uses, but is looking for uses that will allow a reasonable transition to the commercial land use to the east. Staff has discussed long term plans with the applicant and has indicated that this site should be treated like a small industrial park, with complementary uses and infrastructure development that will service all sites; staff does not want a piecemeal approach to the site. 6 . The proposed rezoning is compatible with present and future land uses. The surrounding present and future land uses are detailed in the table above. Although the subject property is presently surrounded by agricultural property on three sides, the future land use plan guides these parcels for future commercial, business park, and corporate campus uses. This property is also located in an area that will be transitioning from the waste management and heavy industrial activates to the north and the less intensive (but still non- residential) activity to the east and southeast. The City will have an opportunity to further review any impacts from proposed developm . Generally, the concept plan appears to conform to the zoning requirements for the GI General Industrial zoning district. More detailed site plans will be required as part of the PUD review process, and when these plans are submitted, they will be reviewed for conformance with all applicable regulations. The uses proposed would only be allowed under GI General Industrial zoning; therefore, if the zoning amendment is not approved by the City . adjacent landfill site is connected to both City sewer and water facilities. The concept plans do not provide details concerning any extension of these services to the subject property. The extension of public services is something that will need to be reviewed as part of future PUD plan submittals. PUD Concept Plan The applicant intends to apply for a Planned Unit Development (PUD) prior to moving forward with development on the site, and has submitted a general concept plan for development of the site In order to receive guidance in the design of a PUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. The comments of the planning commission and city council shall address the consistency of the concept plan with this chapter. The comments of the planning commission and city council shall be for guidance only and shall not be considered binding upon the city regarding approval of the formal PUD application when submitted. Submission of a concept plan is optional but is highly recommended for large PUDs. The submission of a concept plan with the Comprehensive Plan and Zoning amendments is helpful at this time because it provides both staff and the Planning Commission with an opportunity to begin looking at some of the broader development issues that should be addressed on the site. The Master Development Plan for the property. Staff is encouraging the applicant to revise the overall grading for the property to take into account future development opportunities and plan for a site design that is conducive for light industrial or business park development. As part of its review, staff is recommending conditions of approval as documented earlier in this report. RECOMMENDATION Staff recommends approval of the comprehensive plan amendment and rezoning (as revised by Staff) and a general PUD concept plan to allow the establishment of an expanded recycling operation on approximately 55 acres of property immediately east of the SKB Rosemount Industrial Waste Facility subject to the conditions outlined in this report.Should the City approve the requests, SKB intends to purchase the subject property and proceed with plans for an enhanced recycling facility on the site. 7 SKB Rosemount Requested Rezoning and Comprehensive Guide Plan Amendment SKB Environmental, Inc. (SKB) is requesting a Rezoning and Comprehensive Guide Plan amendment for 4 parcels adjacent to the east of the SKB Rosemount Industrial Waste Facility. These land use modifications are necessary for SKB to execute a purchase of the parcels. SKB intends to use these parcels to enhance the existing metal recycling operations at the SKB Rosemount facility. Conceptually, SKB is proposing to use the parcels to house facilities that will extract and store valuable materials and resources from various waste streams. All residual waste material will be disposed of at the existing SKB Rosemount facility, which is not a part of this rezoning request. The parcels would also house a maintenance shop and office building. A conceptual map has been provided in our application. Part of this project will entail the extraction aggregate resources for site development and preparation. SKB will obtain all necessary State and Local approvals (including permits and licenses) prior to construction and operation of the recycling facilities. .mxd elopment\\Planning File\\SKBCompPlanAmendment-15-45 CPA Path: T:\\GIS\\City\\Maps\\Departmental Maps\\CommunityDev elopment\\Planning File\\SKBZoningAmendment-15-44 RZ.mxd Path: T:\\GIS\\City\\Maps\\Departmental Maps\\CommunityDev