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File #: RES 17-068    Version: 1 Name: 17-09 Tiller Corporation - CUP Amendment
Type: Resolution Status: Passed
File created: 5/18/2017 In control: City Council
On agenda: 5/18/2017 Final action: 5/18/2017
Title: GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR THE EXPANSION OF AN EXISTING MATERIALS STOCKPILING AREA ASSOCIATED WITH THE ASPHALT PLANT ON THE ADJACENT PARCEL IN AN I-2A ZONING DISTRICT, LOCATED AT LOT 6, BLOCK 1, ZIMMERMAN INDUSTRIAL PARK. TILLER CORPORATION. CASE FILE NO. 17-0009/LSJ)
Sponsors: Bryan Schafer

DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director

 

Title

GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR THE EXPANSION OF AN EXISTING MATERIALS STOCKPILING AREA ASSOCIATED WITH THE ASPHALT PLANT ON THE ADJACENT PARCEL IN AN I-2A ZONING DISTRICT, LOCATED AT LOT 6, BLOCK 1, ZIMMERMAN INDUSTRIAL PARK.  TILLER CORPORATION.  CASE FILE NO. 17-0009/LSJ)

 

Schedule of Actions

Planning Commission (Public Hearing)

04/11/17

City Council 1st Reading Rezone

05/04/17

City Council (2nd Reading Rezone & CUP)

05/18/17

Action Deadline

07/01/17

 

Planning Commission

The Planning Commission voted unanimously to approve the conditional use permit amendment.  There were no comments at the public hearing.

 

Background

In 1999, Commercial Asphalt Company was granted a conditional use permit to operate a hot-mix asphalt plant that included asphalt and concrete recycling, a contractor yard with associated outside storage and a zero lot line for cross access to an adjacent parcel.  The address of this site is 10280 Naples Street.  The plant has been in operation since that time and is now owned by Tiller Corporation. 

 

Since starting the operation, market conditions have improved and technology has changed, necessitating the need for more material stockpiling and processing.  Tiller Corporation has purchased 11.2 acres to the west of the current facility and would like to stockpile materials on approximately 4.6 acres of the property.  Please see the attached existing conditions plan for legal descriptions.  The expansion does not include the whole “L-shaped property” that was purchased.  The 11.2 acres includes two separate parcels.  The expansion will occur on the 5.41 acre parcel adjacent to the existing Tiller site.  There will be some wetland work done on the 5.8 acre property adjacent to Flanders Street, but the conditional use permit and rezoning do not apply to that parcel. 

 

Rezoning

The 5.41 acre parcel where the stockpiling would occur would need to be rezoned to I-2A (Heavy Industrial) to accommodate the use as an asphalt plant.  The Zoning Ordinance does not allow asphalt plants in the I-2 (Heavy Industrial) zoning district.  This rationale for the rezoning is because this parcel is adjacent to an existing I-2A use. The proposed zoning is also consistent with the (Heavy Industrial) land use of the property.

 

Please note the 5.8 acre property along Flanders is zoned I-1 (Light Industrial) and will remain as such. 

 

Conditional Use Permit

A conditional use permit amendment to Resolution 99-154 is being requested to include the stockpiling of material on the new 5.41 acre parcel.  The improvements will extend the existing stockpile and processing area onto this parcel.  The improvements mainly consist of wetland work and the construction of storm water management features that will allow the stockpiling to occur in a contiguous manner. 

 

Because Lot 6, Block 1 Zimmerman Industrial Park will be used in conjunction with 10280 Naples Street,  a condition has been added that this parcel be combined with 10280 Naples Street prior to any site work being performed on the property. 

 

The applicant has requested that condition #1 of Resolution 99-154 be removed from the approval.  Condition #1 reads as such:

 

“Site plan be modified to preserve a large area of significant trees along the site’s western edge.  This will involve reducing the size of the outside storage area and establishing the western edge of the storage area approximately 180 feet east of the site’s west property line.” 

 

The trees in question were to act as a buffer for the Lot 6, Block 1 Zimmerman Industrial Park, and now the outside storage of material is moving to this property.  Also, the trees in question are not of preservation quality.  Staff is amenable to removing this condition. 

 

All other conditions of the original resolution will remain in place.  An additional condition has been added that the applicant work with and receive a permit from the Rice Creek Watershed District for all of the wetland work that is occurring. Wetland impacts associated with the expansion are proposed to be mitigated off-site through the purchase of wetland credits from the EDA Wetland Bank.

 

No park dedication is due with this application as it was paid when the Zimmerman Industrial Park was platted in 1985.  

 

Recommendation

By motion, approve the Resolution.

 

Attachments

See report for Rezone

 

Body

                     WHEREAS, an application has been filed by Tiller Corporation as Conditional Use Permit Case File No.17-0009; and

 

                     WHEREAS, a public hearing has been held by the Blaine Planning Commission on April 11, 2017; and

 

                     WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and

 

                     WHEREAS, the Blaine City Council has reviewed said case on May 18, 2017.

 

                     NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 31.1984(v)  of the Zoning Ordinance to allow for the expansion of an existing materials stockpiling area associated with the asphalt plant on the adjacent parcel in an I-2A zoning district, located at Lot 6, Block 1, Zimmerman Industrial Park, based on the following conditions:

 

1.                     All conditions of Resolution 99-154 will remain the same with the exception of condition 1, which is no longer valid due to the poor quality of the trees in this area and the need to expand the stockpiling. 

2.                     All conditions of Resolution 99-154 will apply to Lot 6, Block 1 Zimmerman Industrial Park.

3.                     The applicant to work with and obtain a permit from the Rice Creek Watershed District of all site work done on the property.

4.                     Lot 6, Block 1 Zimmerman Industrial Park must be combined with 10280 Naples Street prior to any work being performed on site. 

5.                     No stockpiling of material or storage of equipment will be allowed on Lot 1, Block 1 Zimmerman Industrial Park. 

 

PASSED by the City Council of the City of Blaine this 18th day of May, 2017.