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HomeMy WebLinkAbout6.h. Request by J & J Rahn for a Conditional Use Permit for a General Building or Trade Contractor Office in the BP-Business Park Zoning District EXECUTIVE SUMMARY City Council Regular Meeting: September 7, 2021 AGENDA ITEM: Request by J & J Rahn for a Conditional Use Permit for a General Building or Trade Contractor Office in the BP- Business Park Zoning District AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.h. ATTACHMENTS: Resolution; Site Location; Excerpt from the August 24, 2021 Planning Meeting Minutes APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution approving a Conditional Use Permit for a General Building or Trade Contractor Office in the BP-Business Park zoning district, subject to conditions. SUMMARY The City Council is being asked to consider a request for a conditional use permit to operate a General Building or Trade Contractor Office at 15191 Boulder Court in the Rosemount Business Park. The site is the former location of MRCI, a nonprofit based out of Mankato that recently consolidated its operations. The applicant, an HVAC contracting company, is not proposing any changes to the site, and intends to use the site as a headquarters as well as a staging facility for its field technicians. The Planning Commission and staff are recommending approval of the request. PLANNING COMMISSION ACTION The Planning Commission held a public hearing on August 24, 2021, during which it reviewed the request. No public comments were received. The Commission asked if the proposed use would result in an increase in traffic from what was generated by MRCI’s operation. The proposed use is not anticipated to generate additional traffic to and from the site. The Commission voted unanimously to recommend the City Council approve the request. BACKGROUND When staff was initially approached by the broker representing the seller of the property about the proposed use being allowed in the business park, staff was supportive as no changes to the site were proposed. Upon review of the zoning ordinance, staff discovered that general building and trade contractors is listed as a permitted use in the industrial zoning districts, although this use is not defined. Since the use exists in the zoning ordinance, but there is an allowance in the list of conditional uses in the BP zoning district for “other uses similar to those in this district as determined by the Board of Appeals and Adjustments, subject to issuance of a conditional use permit,” staff advised the applicant to apply for a conditional use permit. It was made explicitly clear that outdoor storage is not permitted in the BP zoning district and that any equipment and materials, excluding fleet vehicles, must be located inside the building. CONDITIONAL USE PERMIT Conditional uses are subject to the general CUP standards outlined in Section 11-10-7 as well as the standards specific to this use in Section 11-4-15 (D), of which there are none. These standards evaluate the City’s land use and zoning performance standards and the potential impact of the proposed use on the surrounding neighborhood; findings for each are provided below. 2 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The proposed general building or trade contractor office will not be detrimental to the public health, safety, or general welfare of the neighborhood or the City of Rosemount. The use will function like other permitted Business Park uses. 2. Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: The subject property is guided BP-Business Park. City code lists other uses similar to those in this district as determined by the Board of Appeals and Adjustments, subject to issuance of a conditional use permit among the list of conditional uses in this zoning district. According to the comprehensive plan, the Business Park land use designation is intended to promote development of businesses with a large number of employees that offer wages to support an entire family and that are further constructed of high-quality buildings providing both beauty and tax base to the community. Establishments within the business park district are intended to have little or no outdoor storage, with the majority of the business activities occurring completely indoors. The proposed use largely fits within the purpose of the land use designation. All business activities will take place in the enclosed space and the new facility will bring new employment with competitive wages to Rosemount, and the site will add to the tax base as the tenant will no longer be a nonprofit. 3. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: There are no changes planned to the exterior of the building, which complies with all requirements of the BP zoning district. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. Finding: The existing industrial building is served adequately by existing essential public facilities and services. 5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Finding: The proposed use will not generate any additional external impacts that would be unexpected in the Business Park and existing building. 6. Will have vehicular ingress and egress to the property which does not create traffic 3 congestion or interfere with traffic on surrounding public streets. Finding: All existing vehicular ingress and egress will remain as presently located on the site and comply with the City access spacing and design requirements. 7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. 8. These standards apply in addition to specific conditions as may be applied throughout this code. Finding: The zoning ordinance does not include specific standards for this proposed use. CONCLUSION & RECOMMENDATION The Planning Commission and staff recommend approval of the conditional use permit based on the findings made in this staff report. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021- 70 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A GENERAL BUIDLING OR TRADE CONTRACTOR OFFICE AT 15191 BOULDER COURT WHEREAS, the City of Rosemount received an application for a Conditional Use Permit (CUP) from J & J Rahn, LLC.; and WHEREAS, on August 24, 2021, the Planning Commission of the City of Rosemount held a public hearing to review the CUP application from J & J Rahn, LLC. for a General Building or Trade Contractor Office; and WHEREAS, the Planning Commission adopted a motion recommending that the City Council approve the CUP for J & J Rahn, LLC.; and WHEREAS, on September 7, 2021, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation and the CUP application for a General Building or Trade Contractor Office and found the application consistent with the conditions for approval of a permit. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the CUP for a General Building or Trade Office, subject to the following condition: 1.Outdoor storage is not permitted at the subject property. ADOPTED this 7th day of September, 2021, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk EXCERPT FROM THE AUGUST 24, 2021, PLANNING COMMISSION MEETING MINUTES 4.c. Request by J & J Rahn for a Conditional Use Permit for a General Building or Trade Contractor Office in the BP- Business Park Zoning District. Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. Chair Kenninger questioned if the proposed use would generate a higher volume of traffic than when MRCI was in operation. Staff responded that there was no anticipated increase in traffic to and from the site. The public hearing opened at 7:46 pm. Public Comments: None. MOTION by Schmisek to close the public hearing. Second by Reed. Ayes: 6. Nays: 0. Motion Passes. The public hearing closed at 7:47 pm. Additional Comments: None. MOTION by Marlow to recommend the City Council approve a Conditional Use Permit for a General Building or Trade Contractor Office in the BP-Business Park Zoning District, subject to the following condition: 1. Outdoor storage is not permitted at the subject property. Second by Hebert. Ayes: 6. Nays: 0. Motion Passes.