Planning Report

Date:	February 16, 1999

Case:	LP-352, SP-211

Subject:	Site Plan & Special Use Permit

Applicant:	Crosson Limited Partnership/Kolstad Company Inc.

Request & Background

To hold a public hearing and consider a request by Crosson Limited Partnership/Kolstad Company Inc., for special use permit and site plan review. The subject property is located at 600 Lakeview Point (the old US West facility). The proposed uses on the site include the following:

Proposed New Facility

1.	Construction of a 29,171 square foot trailer repair facility/office in the northeast corner of the subject property.

2.	Operate trailer repair out of the new facility, including outside storage of trailers.

Existing Facility

1.	Assembly and fabrication of special order enclosures.

2.	Sale of trailer parts and equipment.

3.	Sale of truck equipment and accessories (lift gates, storage boxes).

4.	Trailer accessory installation (lift gates, van bodies, etc.)

5.	General repair and maintenance of trailers and related equipment.

6.	Lease out the remaining space.

The subject property is zoned I-1, Light Industrial. Section 6-050 of the Zoning Ordinance states that the City Council may permit any use in industrial districts (except residential uses) by means of a Special Use Permit if the use meets the standards of Section 8-130 (special use criteria).

Findings

Section 8-010, Site Plan Review

Section 8-130, Special Use Standards

Section 11-010, Parking Standards

Site Characteristics

1.	Location:	600 Lakeview Point

2.	Lot Size:	The site is 11.5 acres.

3.	Topography:	Relatively flat

4.	Vegetation:	Landscaping around the perimeter in most areas

5.	Sensitive Areas:	Jones Lake to the northwest

6.	Comprehensive Plan Designation:	Light Industrial

7.	Zoning:	I-1, Light Industrial

8.	Surrounding Land Uses:

North:	Jones Lake

South:	Light Industrial

East:	I-35W

West:	Light Industrial

Site History

1.	Past Uses:	US West

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Parking & Drive Aisle Setbacks:	Required: 40' front; 5 foot side & rear

Existing: 40' front; 5' side & rear.

2.	Parking Spaces Required:	48 Total stalls required

3.	Parking Spaces Proposed:	106 automobile stalls & 44 trailer stalls

4.	Handicap Parking:	Required: 4 Stalls Proposed: 5 Stalls

5.	Stall Size:	9 x 18 (complies)

6.	Drive Aisle Size (two way):	Required: 24 feet	Proposed: 24 feet

7.	Total Drive Entrances:	Two (2) - Off of Lakeview Point

8.	Driveway Width:	Maximum: 36 feet	Existing: 25 & 30 feet

9.	Concrete Curbing:	Existing

10.	Parking Area Surface:	Bituminous

11.	Landscaping/Screening:	The applicants are proposing to increase the perimeter landscape screen of various evergreen and deciduous trees on the outside of the fence. The City Forester reviewed the plans and found that many of the plantings that are labeled as existing, have either died or were never planted, therefore, recommended that all of the plantings shown on the landscape plan be planted if they have not already, or if they have died. Should the City approve of this proposal, staff can inspect the site following completion of the plantings to ensure that all proposed and existing plantings are in place.

12.	Impact on Land Uses:	The proposed use will have impacts on the adjacent land uses which are primarily light industrial uses. As demonstrated below, the proposed uses better fit uses allowed within an I-2, Heavy Industrial Zoning District.

Per Section 6-929 of the Zoning Ordinance, the intent of the I-
1, Light Industrial Zoning District is to "Provide and encourage industrial users that are aesthetically pleasing in appearance, have all processing within buildings, are complimentary to surrounding land uses, and have reasonable amounts of truck traffic."

Per Section 6-120 of the Zoning Ordinance, the intent of the I-
2, Heavy Industrial Zoning District is to "Establish an industrial district for industries that manufacture and/or process products from large bulky materials; have a need for outside storage of large equipment, material and some outside processing or assembly; have the transporting of large products."

The attached graphic compares permitted uses allowed in the I-1 vs. I-2 Districts, please note that fabrication is only allowed within the I-2, Heavy Industrial District. Also, note that the types of manufacturing allowed in the I-1 District are typically small scale items such as bottling, cameras, glass, luggage, toys etc., while the manufacturing allowed within the I-2 District are typically larger scale items such as aircraft, trucks, trailers, prefabricated houses etc. In that regard the proposed uses: Trailer repair facility; Outside storage of trailers; Assembly and fabrication of special order enclosures; Trailer accessory installation (lift gates, van bodies, etc.); General repair and maintenance of trailers and related equipment, would be allowed within the I-2 District. Therefore, the proposed Special Use Permit to allow these uses within the I-1 District, could be considered rezoning by Special Use Permit to allow I-2 District uses within the I-1 District.

Also, uses within this area including the Lakeview Business Center and the two green houses are light industrial uses. The introduction of a business engaged in fabrication and trailer repair with outside storage is not in character with the surrounding neighborhood.

Therefore, it is staffs opinion that the proposed uses should not be allowed within the I-1, Light Industrial Zoning District.

Public Works

1.	Streets:	None

2.	Curb Cuts:	No new curb cuts proposed

3.	Utilities:	Existing

4.	Grading/Drainage:	No changes are proposed.

5.	Rice Creek Watershed District:	Permit is required due to the proximity of to Jones Lake and the new structure being built on a site that exceeds 2.5 acres.

6.	Environmental Concerns:	Impact on Jones Lake

7.	MPCA:	NA

8.	Other Considerations:	None

Building Official

1.	Structure Size:	29,171 square feet

2.	Structure Height (required):	40 feet

3.	Structure Height (proposed):	24 feet tall (complies).

4.	Exterior Treatment:	Rock faced concrete block, ribbed panels

5.	UBC Compliance:	Required

6.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	NA

3.	Seating Requirements:	NA

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Parks

1.	Proximity of Parks:	None

2.	Proximity to Community Facilities:	None

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Fire

1.	Hydrant Locations:

2.	Access to Site:	Adequate

3.	Access to Structure:	Adequate

4.	Other Considerations:	None

Police

1.	Traffic Safety:	Adequate - No change in circulation patterns to and from the site.

2.	On-Street Parking:	NA

3.	Site Security:	Adequate

4.	Other Considerations:	None

Staff Comments

Special Use Permit

As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

The proposed use will have impacts on the adjacent land uses which are primarily light industrial uses. Additionally the special use does not conform to the applicable regulations of the I-1, Light Industrial Zoning District.

Per Section 6-929 of the Zoning Ordinance, the intent of the I-1, Light Industrial Zoning District is to "Provide and encourage industrial users that are aesthetically pleasing in appearance, have all processing within buildings, are complimentary to surrounding land uses, and have reasonable amounts of truck traffic."

Per Section 6-120 of the Zoning Ordinance, the intent of the I-2, Heavy Industrial Zoning District is to "Establish an industrial district for industries that manufacture and/or process products from large bulky materials; have a need for outside storage of large equipment, material and some outside processing or assembly; have the transporting of large products."

Again, in review of the uses allowed in the I-1 vs. I-2 Districts, fabrication is only allowed within the I-2, Heavy Industrial District. Also, the types of manufacturing allowed in the I-1 District are typically small scale items such as bottling, cameras, glass, luggage, toys etc., while the manufacturing allowed within the I-2 District are typically larger scale items such as aircraft, trucks, trailers, prefabricated houses etc. In that regard the proposed uses: Trailer repair facility; Outside storage of trailers; Assembly and fabrication of special order enclosures; Trailer accessory installation (lift gates, van bodies, etc.); General repair and maintenance of trailers and related equipment, would be allowed within the I-2 District, and not the I-1 District.

By approving the proposed Special Use Permit to allow these uses within the I-1 District, it would be effectively rezoning the site by special use permit to allow uses only allowed within the I-2 District.

Also, uses within this area including the Lakeview Business Center and the two green houses are light industrial uses. The introduction of a business engaged in fabrication and trailer repair with outside storage is not in character with the surrounding neighborhood.

Therefore, it is staffs opinion that the proposed uses should not be allowed within the I-1, Light Industrial Zoning District. Further, because the Ordinance is not clear in its regulation of "trailer repair", the City Council has authorized staff and the Planning Commission to consider an Ordinance Amendment to regulate trailer repair and outside storage within the I-1, and I-2 Districts. Specifically, truck and trailer repair and outside storage of the area proposed are uses recommended to be allowed within the I-2 District only.

Recommendation

Alternatives

Special Use Permit

Approval

Motion to waive the reading and adopt the attached resolution recommending approval of SP-211 subject to the following conditions:

1.	Landscaping/green area be provided as shown on the landscape plan dated 1-12-1999. Staff shall inspect the site following installation of the plantings by the applicant to ensure that all plantings shown including "existing and proposed" are in place.

2.	Approval and continuing compliance with LP-352.

3.	Provision of a bond or letter of credit in the amount equal to 100% of the cost to install landscaping, curbing and paving to ensure that these items are installed per the approved plans.

4.	Any security lighting in the parking lots must be installed so that no direct light is detectable from any lot line on the site.

5.	Any signage shall be required to meet the provisions of the Sign Ordinance Sections 9-
010 through 9-180.

6.	The proposed grading plan shall be subject to review and approval of the City Engineer.

Denial

Motion to waive the reading and adopt the attached resolution recommending denial of SP-211, due to the fact that portions of the proposed use are not allowed within the I-1 District and do not meet the intent of the I-1, Light Industrial Zoning District or the standards of section 8-130 of the New Brighton Zoning Ordinance regarding special use permits.

Continue

Motion to continue the request to the next Planning Commission meeting to provide additional information.

Site Plan

Approval

1.	Motion to recommend approval of LP-340 subject to the conditions required of SP-
211.

Denial

1.	Motion to recommend denial of LP-340.

Continue

3.	Motion to continue the request to the next Planning Commission meeting to provide additional information.

Staff Recommendation

Staff recommends that the Planning Commission make the following Motion:

Motion to waive the reading and adopt the attached resolution recommending denial of SP-211, due to the fact that portions of the proposed use are not allowed within the I-1 District (fabrication) and the trailer repair and outside storage of trailers waiting to be repaired do not meet the intent of the I-1, Light Industrial Zoning District or the standards of section 8-130 of the New Brighton zoning ordinance regarding special use permits.

Cary K. Teague, City Planner