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.
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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
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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.