CPED STAFF REPORT

CPED STAFF REPORT
                                                                           Prepared for the City Planning Commission
                                                                                                  CPC Agenda Item #5
                                                                                                         July 30, 2018
                                                                                                           PLAN6870
             LAND USE APPLICATION
                                                                                                      SUMMARY

Property Location:        1300 New Brighton Blvd
Project Name:             Carvana
Prepared By:              Shanna Sether, Principal City Planner, (612) 673-2307
Applicant:                Larkin Hoffman Attorneys
Project Contact:          Jacob Steen
Request:                  To establish a motor freight terminal on an existing property.
Required Applications:
                                    Petition to rezone the property located at 1300 New Brighton Blvd from the I1
    Rezoning
                                    Light Industrial District to the I2 Medium Industrial District.
    Conditional Use Permit          To allow a motor freight terminal in the proposed I2 District.
    Site Plan Review                For a motor freight terminal (transportation use).

                                                                                                      SITE DATA

  Existing Zoning               I1 Light Industrial District
  Lot Area                      238,660 square feet / 5.48 acres
  Ward(s)                       1
  Neighborhood(s)               Mid-City Industrial; adjacent to Northeast Park
  Designated Future
                                Industrial
  Land Use
  Land Use Features             Industrial Employment District (Mid-City Industrial)
  Small Area Plan(s)            Industrial Land Use and Employment Policy Plan (2006)




Date Application Deemed Complete               July 2, 2018      Date Extension Letter Sent            July 23, 2018
End of 60-Day Decision Period                August 31, 2018     End of 120-Day Decision Period      October 30, 2018
Department of Community Planning and Economic Development
                                                    PLAN6870


                                                                                                   BACKGROUND

SITE DESCRIPTION AND PRESENT USE. The subject property is approximately 4.5 acres and is located east and
south of Interstate 35W along New Brighton Boulevard. The existing tenant, Arrow Truck Sales, has been located
at the site for several years and is a full service dealer to individual and fleet buyers and sellers of trucks. The use is
classified as truck, trailer, boat, recreation vehicle or mobile home sales, service or rental uses, which is a conditional
use in the I1 Light Industrial District.

In 2009, a previous applicant, applied for a variance to the surfacing requirements of Chapter 541, Off-Street
Parking and Loading. According to the previous applicant, the site was included in the former quarry that was then
landfilled with mixed waste. Part of the landfill was stabilized and remedied by removal of the material as part of
the construction of Interstate 35W, near the site. Additional removal, stabilization and remediation were
accomplished at the northern edge of the landfill during the construction of the Quarry Shopping Center, north of
the site. The Minnesota Pollution Control Agency (MPCA) was involved in the plans and remediation measures at
both the subject property and the Quarry Shopping Center and continues to monitor the Quarry site for
remediation of volatile organic compounds from a spill or leak on the site and ongoing methane degassing as the
organic materials in the landfill continue to decompose.

At the time, no remediation had been accomplished at the subject property. The site was enrolled in the MPCA
Voluntary Investigation and Clean-up program. The previous applicant stated that methane gas was present
beneath the site and is continually off-gassed and dispersed over the site from the permeable parts of the surface,
when it is not frozen. Further, as long as the methane is dispersed and not concentrated, it is not a hazard.

SURROUNDING PROPERTIES AND NEIGHBORHOOD. The property to the south is the Skyline business park.
Properties to the east of the site are medium industrial uses. The property is surrounded by Interstate 35W along its
north and east property lines. Beyond 35W to the north is the Quarry shopping center and to the west is low-density
residential uses. The applicant only intends to use a portion of the site at the north end of the property. With the
recommended conditions of approval this facility should not be detrimental to nearby properties and should be an
improvement to the area.

PROJECT DESCRIPTION. The applicant is proposing a new transportation use for the subject property. Recently
purchased vehicles (online only) would be delivered to the site, off-loaded and stored on-site for a period of 24 to
48 hours. Vehicles would then be loaded onto single-car haulers for delivery. Single-vehicle and transport trucks
may be stored on-site overnight. The proposed use is defined as a motor freight terminal:

         Motor freight terminal. A building or area in which freight is assembled or stored for routing in intrastate
         or interstate shipment, and which is not a package delivery service.

A motor freight terminal use is first allowed in the I2 Medium Industrial District with a conditional use permit.
Motor freight terminals are a transportation use, which are subject to site plan review. The applicant is proposing
to rezone the subject property from I1 Light Industrial District to I2 Medium Industrial District and has applied
for the required conditional use permit and site plan review applications.

RELATED APPROVALS.

      Planning Case #              Application(s)                  Description                     Action
                                                                                         On August 13, 2009, the
                                                             See above in Site
                            Variance of surfacing                                        Zoning Board of
      BZZ-4491                                               Description and
                            requirements                                                 Adjustment approved
                                                             Present Use
                                                                                         the variance.




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Department of Community Planning and Economic Development
                                                    PLAN6870


PUBLIC COMMENTS. Staff has not received public comments about the proposed rezoning or land use
applications. Any correspondence received prior to the public meeting will be forwarded on to the Planning
Commission and City Council for consideration.

                                                                                                     ANALYSIS

REZONING
The Department of Community Planning and Economic Development has analyzed the application for a petition to
rezone the property at 1300 New Brighton Blvd from I1 to I2 based on the following findings:

1.   Whether the amendment is consistent with the applicable policies of the comprehensive plan.
     The proposed zoning would be consistent with the applicable policies of The Minneapolis Plan for Sustainable
     Growth. The property is designated as Industrial on the future land use map. The property is also located in the
     Mid-City Industrial Employment District.
     The following principles and policies outlined in the plan apply to this proposal:
     Land Use Policy 1.1: Establish land use regulations to achieve the highest possible development
     standards, enhance the environment, protect public health, support a vital mix of land uses, and promote
     flexible approaches to carry out the comprehensive plan.
         1.1.1      Ensure that the City’s zoning code is consistent with The Minneapolis Plan and provides clear,
                    understandable guidance that can readily be administered.
     Land Use Policy 1.3: Ensure that development plans incorporate appropriate transportation access and
     facilities, particularly for bicycle, pedestrian, and transit.
         1.3.1       Require safe, convenient, and direct pedestrian connections between principal building
                     entrances and the public right-of-way in all new development and, where practical, in
                     conjunction with renovation and expansion of existing buildings.
     Land Use Policy 1.14: Maintain Industrial Employment Districts to provide appropriate locations for
     industrial land uses.
         1.14.1     Develop regulations for the Industrial Employment Districts that promote compatible
                    industrial development and the efficient use of land.
         1.14.5     Encourage and implement buffering through the site plan review process to mitigate potential
                    conflicts between industrial uses and adjacent other uses.
     Transportation Policy 2.7: Ensure that freight movement and facilities throughout the city meet the needs
     of the local and regional economy while remaining sensitive to impacts on surrounding land uses.
         2.7.1      Support the Metropolitan Council’s freight clustering strategy by continuing to encourage the
                    consolidation of industrial land uses in Industrial Employment Districts.
         2.7.4      Maintain a network of truck routes that ensures the safe and efficient delivery of goods to
                    Minneapolis businesses and that directs truck traffic to a limited number of streets with
                    appropriate weight limits.
     Economic Development Policy 4.10: Prioritize Industrial Employment Districts for industrial uses.
         4.10.1     Secure vacant and underutilized sites within Industrial Employment Districts for industrial
                    uses.
         4.10.2     Coordinate infrastructure investments with needs of targeted industrial employers.
         4.10.3     Support the continuation of existing freight rail infrastructure, where consistent with land use
                    policy, that serve Industrial Employment Districts as an alternative system of moving goods,
                    separate from the interstate and truck route system.


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Department of Community Planning and Economic Development
                                                    PLAN6870


     Urban Design Policy 10.12: Design industrial uses with appropriate transitions and other design features
     which minimize negative impacts on surrounding residential uses.
         10.12.1     Provide appropriate physical transition and separation using green space, fencing, setbacks or
                     orientation between industrial uses and other surrounding uses.
         10.12.2     Encourage site planning for new developments that orients the “back” of proposed buildings
                     to the “back” of existing development.
         10.12.4     Design industrial sites to ensure direct access to major truck routes and freeways as a way to
                     minimize automobile and truck impacts on residential streets and alleys.

2.   Whether the amendment is in the public interest and is not solely for the interest of a single property owner.
     Rezoning and redevelopment of the subject property is in the interest of both the City and the Applicant. A
     zoning change from the I1 to the I2 District in this location would allow for additional land uses on the subject
     property. As outlined in the first finding the proposed rezoning is consistent with the comprehensive plan for
     land use and would allow for continued industrial uses, consistent with the Industrial Land Use and
     Employment Policy Plan. Therefore, staff finds that the proposed amendment is in the public interest and not
     solely for the interest of the property owner.

3.   Whether the existing uses of property and the zoning classification of property within the general area of the
     property in question are compatible with the proposed zoning classification, where the amendment is to change
     the zoning classification of particular property.
     There is a mix of zoning classifications in the immediate area. The nearby properties located within the Mid-
     City Industrial Employment District are zoned I1 and I2. The property to the north, the Quarry shopping center,
     is zoned C3s Community Shopping Center District. The nearest residential zoning is to the west on the other
     side of Interstate 35W. The proposed rezoning of the subject property from I1 to I2 will be compatible with the
     general area.

4.   Whether there are reasonable uses of the property in question permitted under the existing zoning classification,
     where the amendment is to change the zoning classification of particular property.
     Reasonable development is allowed under the existing and proposed zoning classifications for the subject
     property. The site was a former quarry, later landfilled with mixed waste. Part of the landfill was stabilized and
     remedied by removal of the material as part of the construction of Interstate 35W. The Minnesota Pollution
     Control Agency (MPCA) was involved in the plans and remediation measures at the subject property.
     Amending the zoning classification to I2 will allow for more land uses and therefore potential redevelopment
     of a site.

5.   Whether there has been a change in the character or trend of development in the general area of the property in
     question, which has taken place since such property was placed in its present zoning classification, where the
     amendment is to change the zoning classification of particular property.
     The Industrial Land Use and Employment Plan and comprehensive plan set aside approximately 4 square miles
     for industrial uses and job growth in the form of Industrial Employment Districts, or about 7% of the city’s
     surface area. These plans and policies to protect industrial land and encourage industrial growth within the
     corporate boundaries of Minneapolis were in response to the conversion of industrial to commercial and
     residential uses prior to 2006. The proposed rezoning will allow for the redevelopment of the entire block that
     is consistent with the comprehensive plan and compatible land uses.


CONDITIONAL USE PERMIT
The Department of Community Planning and Economic Development has analyzed the application to allow a motor
freight terminal based on the following findings:




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Department of Community Planning and Economic Development
                                                    PLAN6870


1.   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the
     public health, safety, comfort or general welfare.
     The proposed use allows for vehicles to be transported to the site, off-loaded and stored on-site for a period of
     24 to 48 hours. Vehicles would then be loaded onto single-car haulers for delivery. Single-vehicle and transport
     trucks may be stored on-site overnight. Sites with outdoor storage visible from the public street are required
     to provide a minimum of a 5 ft. landscaped yard and screening at least 6 ft. in height and 95% opaque. The
     proposed site plan show a landscaped yard adjacent to New Brighton Blvd in excess of 5 ft; however, the
     existing vinyl-coated chain link fence does not meet the opacity requirement. Staff is recommending that the
     applicant provide the required screening by providing a dense hedge along the fence line, a minimum 6 ft. in
     height. With the staff recommended conditions of approval, the proposed use should not be detrimental to the
     public health, welfare, comfort, or safety.

2.   The conditional use will not be injurious to the use and enjoyment of other property in the vicinity and will not
     impede the normal and orderly development and improvement of surrounding property for uses permitted in the
     district.
     The surrounding area is developed. The property to the south is the Skyline business park. Properties to the
     east of the site are medium industrial uses. The property is surrounded by Interstate 35W along its north and
     east property lines. Beyond 35W to the north is the Quarry shopping center and to the west are low-density
     residential uses. The applicant only intends to use a portion of the site at the north end of the property. With
     the recommended conditions of approval this facility should not be detrimental to nearby properties and
     should be an improvement to the area.

3.   Adequate utilities, access roads, drainage, necessary facilities or other measures, have been or will be provided.
     The subject property has adequate utilities, access roads and drainage.

4.   Adequate measures have been or will be taken to minimize traffic congestion in the public streets.
     The minimum off-street parking required for a motor vehicle transport use is as approved by the conditional
     use permit. The applicant is showing sufficient space to store 50 vehicles and two vehicle haulers on-site. The
     applicant has indicated that there is a total of 5-6 staff on-site, that work in shifts. Further, there will be no
     customer traffic arriving at the site. Therefore, staff finds that adequate measures have been

5.   The conditional use is consistent with the applicable policies of the comprehensive plan.
         See finding #1 under Rezoning.

6.   The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is
     located.
     A motor freight terminal has two specific development standards per section 546.20:
      Motor freight terminal.

     (1) Loading and unloading activities shall be located at least one hundred (100) feet from a residence or
         office residence district boundary.
     (2) Any overnight facilities for drivers shall provide on-site management twenty-four (24) hours a day.
         The name of the on-site management, and telephone number, shall be filed with the zoning
         administrator.
     If the requested land use applications are approved, the proposal will comply with all provisions of proposed I2
     District.


SITE PLAN REVIEW



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Department of Community Planning and Economic Development
                                                     PLAN6870


The Department of Community Planning and Economic Development has analyzed the application based on the
required findings and applicable standards in the site plan review chapter:


                             Applicable Standards of Chapter 530, Site Plan Review

BUILDING PLACEMENT AND DESIGN

Building placement – Meets requirements
  • The first floor of the building is not located within eight feet of the front lot line abutting New Brighton Blvd.
    The applicant is not proposing any changes to the existing structure or any new structures on the property.
  • The area between the building and lot line includes limited landscaping and a drainage area. Staff is
    recommending that the applicant provide additional landscaping and screening between the existing building
    and the front lot line as alternative compliance.
  • All on-site accessory parking is located to the rear or interior of the site.

Principal entrances – Meets requirements
  • The building is oriented so that at least one principal entrance faces the front property line.

Visual interest – Not applicable
  • The applicant is not proposing any changes to the existing structure or any new structures on the property.

Exterior materials – Not applicable
  • The applicant is not proposing any changes to the existing structure or any new structures on the property.

Windows – Not applicable
  • The applicant is not proposing any changes to the existing structure or any new structures on the property.

Ground floor active functions – Not applicable
  • The applicant is not proposing any changes to the existing structure or any new structures on the property.

Roof line – Not applicable
  • The applicant is not proposing any changes to the existing structure or any new structures on the property.

Parking garages – Not applicable
  • There is no parking garage proposed as part of this project.


ACCESS AND CIRCULATION

Pedestrian access – Requires alternative compliance
  • There is an existing driveway, exceeding four feet in width connecting building entrances to the adjacent on-
    site parking facilities. The site does not have an adjacent public sidewalk.

Transit access – Not applicable
  • No transit shelters are proposed as part of this development.

Vehicular access – Meets requirements
  • Vehicular access and circulation has been designed to minimize conflicts with pedestrian traffic. The property
    does not have an adjacent public sidewalk. The access to the property is from New Brighton Blvd and will not
    be modified from its existing location.



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Department of Community Planning and Economic Development
                                                     PLAN6870


  • Curb cuts have been consolidated. There is one curb cut accessing the site.
  • There are no public alleys adjacent to the site.
  • Service vehicle access does not conflict with pedestrian traffic. Truck loading areas are not located next to
    residence or office residence districts.
  • There is no maximum impervious surface requirement in the industrial zoning districts. According to the
    materials submitted by the applicant, most of the site will be impervious. Staff is not recommending
    additional landscaped area, based on the condition of the site.


LANDSCAPING AND SCREENING

General landscaping and screening – Requires alternative compliance
  • The overall composition and location of landscaped areas complement the scale of development and its
    surroundings.
  • At least 20 percent of the site not occupied by the building is not landscaped. The applicant is proposing
    approximately 47,148 square feet of landscaping on site, or approximately 4 percent of the site not occupied
    by buildings (see Table 4). The subject property has well-documented soil conditions that do not allow for
    large areas of disturbance. Staff is recommending that the planning commission grant alternative compliance
    to providing the minimum required landscaped area.
  • The applicant is not proposing at least one canopy tree per 500 square feet of the required landscaped area,
    including all required landscaped yards. The tree requirement for the site is 95 and the applicant is proposing
    a total of 13 trees. The subject property has well-documented soil conditions that do not allow for large areas
    of disturbance. Staff is recommending that the planning commission grant alternative compliance to
    providing the minimum required landscaped area.
  • The applicant is not proposing at least one shrub per 100 square feet of the required landscaped area, including
    all required landscaped yards. The shrub requirement for the site is 472 and the applicant is proposing 0
    shrubs. The subject property has well-documented soil conditions that do not allow for large areas of
    disturbance. Staff is recommending that the planning commission grant alternative compliance to providing
    the minimum required landscaped area.
  • The remainder of the required landscaped area is not covered with turf grass, native grasses, perennial
    flowering plants, vines, shrubs and other trees.

                                  Table 1. Landscaping and Screening Requirements
                                                        Code                              Proposed
     Lot Area                                             --                          238,660 sq. ft.
     Building Footprint                                   --                           2,920 sq. ft.
     Remaining Lot Area                                   --                          235, 740sq. ft.
     Landscaping Required                           47,148 sq. ft.                     9,932 sq. ft.
     Canopy Trees (1:500 sq. ft.)                     95 trees                            13 trees
     Shrubs (1:100 sq. ft.)                          472 shrubs                           0 shrubs

Parking and loading landscaping and screening – Requires alternative compliance
  • The parking and loading area facing the public street or public sidewalk contains an on-site landscaped yard
    of at least seven feet in width.
  • The site contains a parking and loading area for trucks or commercial vehicles more than 15,000 pounds. For
    this area, the applicant is not proposing screening six feet in height and 60 percent opaque. Staff is
    recommending that the applicant provide the required screening along New Brighton Blvd.
  • There is at least not one tree provided for each 25 linear feet, or fraction thereof, of parking or loading area
    frontage. Staff is recommending that the applicant comply with the minimum tree requirement along the
    New Brighton Blvd frontage.




                                                          7
Department of Community Planning and Economic Development
                                                  PLAN6870


  • The corners of the parking lot that are unavailable for parking or vehicular circulation are required to be
    landscaped as specified for a required landscaped yard. The subject property has well-documented soil
    conditions that do not allow for large areas of disturbance. Staff is recommending that the planning
    commission grant alternative compliance to providing the minimum required landscaped area.
  • Because the proposed surface parking lot contains ten or more spaces, each parking space must be located
    within 50 feet of the center of an on-site deciduous tree. The subject property has well-documented soil
    conditions that do not allow for large areas of disturbance. Staff is recommending that the planning
    commission grant alternative compliance to providing the minimum required landscaped area.
  • The proposed tree islands are at least seven feet wide in any direction. The subject property has well-
    documented soil conditions that do not allow for large areas of disturbance. Staff is recommending that the
    planning commission grant alternative compliance to providing the minimum required landscaped area.

Additional landscaping requirements – Meets requirements with Conditions of Approval
  • As conditioned, the plant materials, and the installation and maintenance of the plant materials, would
    comply with sections 530.200 and 530.210 of the zoning code.
  • All other areas not occupied by buildings, parking and loading facilities, or driveways would be covered with
    turf grass, native grasses, perennials, wood mulch, shrubs, and trees.


ADDITIONAL STANDARDS

Concrete curbs and wheel stops – Requires alternative compliance
  • The existing property is almost entirely impervious surface, with the vast majority of the site being Class V.
    The intended use will temporarily park vehicles on-site, but there will not be curb cuts. There is a stormwater
    retention area between the proposed parking area and New Brighton Blvd. The subject property has well-
    documented soil conditions that do not allow for large areas of disturbance. Staff is recommending that the
    planning commission grant alternative compliance to providing the concrete curb and wheel stops.

Site context – Meets requirements
  • There are no important elements of the city, such as parks, greenways, significant buildings, and water bodies
    near the site that will be obstructed by the proposed use.
  • The existing building has no shadowing effects on public spaces and adjacent properties.
  • This building was been designed to minimize the generation of wind currents at ground level.

Crime prevention through environmental design – Meets requirements
  • The site plan employs best practices to increase natural surveillance and visibility, to control and guide
    movement on the site, and to distinguish between public and non-public spaces.
  • The proposed site, landscaping, and buildings promote natural observation and maximize the opportunities
    for people to observe adjacent spaces and public sidewalks.
  • The project provides lighting on site, at all building entrances, and along walkways that maintains a minimum
    acceptable level of security while not creating glare or excessive lighting of the site.
  • The landscaping, sidewalks, lighting, fencing, and building features are located to clearly guide pedestrian
    movement on or through the site and to control and restrict people to appropriate locations.
  • The entrances, exits, signs, fencing, landscaping, and lighting are located to distinguish between public and
    private areas, to control access, and to guide people coming to and going from the site.

Historic preservation – Not applicable
  • This site is neither historically designated nor located in a designated historic district, nor has it been
    determined to be eligible for designation.


                             Applicable Regulations of the Zoning Ordinance




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Department of Community Planning and Economic Development
                                                    PLAN6870


The proposed use is conditional in the I2 District.

Off-street Parking and Loading – Meets requirements
  • The off-street vehicle parking requirement for a motor freight terminal use is as approved by the conditional
    use permit. Staff has determined that adequate measures have been taken to minimize traffic of the public
    streets.
  • There is no minimum bicycle parking requirement for a motor freight terminal.
  • The off-street loading requirement is high; however, the building area is less than 5,000 sq. ft. of GFA.
    Therefore, there is no off-street loading requirement. The applicant is proposing to large loading spaces.

Building Bulk and Height – Meets requirements
  • The existing structure is less than 3,000 sq. ft. in area and 1-story tall (see Table 8):

                                   Table 2. Building Bulk and Height Requirements


                                                                       Code                      Proposed
                                                                                         238,660 sq. ft. / 5.48
       Lot Area                                                         --
                                                                                                acres
       Gross Floor Area                                                 --                      2,920 sq. ft.
       Max. Floor Area Ratio                                           2.7                           .01
                                                             4 stories or 56 feet,
       Max. Building Height                                                                         15 ft.
                                                              whichever is less

Lot Requirements – Meets requirements

                              Table 3. Lot and Residential Unit Requirements Summary
                                                          Code                                  Proposed
     Min. Lot Area                                    12,000 sq. ft.                      238,660 sq. ft.
     Min. Lot Width                                       100 ft.                                400 ft.

Yard Requirements – Not applicable
  • The subject property is industrially zoned and not adjacent to any permitted or conditional residential uses.
    Therefore, there are no required yards for the subject property.

Signs – Not applicable
  • All signs are subject to Chapter 543, On-Premise Signs. The applicant will be required to submit a separate
    sign permit application for any signage that is proposed. The applicant is not proposing any signage at this
    time.

Screening of Mechanical Equipment – Meets requirements with Conditions of Approval
  • All mechanical equipment is subject to the screening requirements of Chapter 535 and district requirements,
    including:
     535.70. Screening of mechanical equipment.
     a)   In general. All mechanical equipment installed on or adjacent to structures shall be arranged so as to
          minimize visual impact using one (1) of the following methods. All screening shall be kept in good repair
          and in a proper state of maintenance.




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Department of Community Planning and Economic Development
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              1)  Screened by another structure. Mechanical equipment installed on or adjacent to a structure
                  may be screened by a fence, wall or similar structure. Such screening structure shall comply with
                  the following standards:
                       a. The required screening shall be permanently attached to the structure or the ground
                           and shall conform to all applicable building Codes.
                       b. The required screening shall be constructed with materials that are architecturally
                           compatible with the structure.
                       c. Off-premise advertising signs and billboards shall not be considered required screening.
     b) Screened by vegetation. Mechanical equipment installed adjacent to the structure served may be
        screened by hedges, bushes or similar vegetation.
     c) Screened by the structure it serves. Mechanical equipment on or adjacent to a structure may be screened
        by a parapet or wall of sufficient height, built as an integral part of the structure.
     d) Designed as an integral part of the structure. If screening is impractical, mechanical equipment may be
        designed so that it is balanced and integrated with respect to the design of the building.
     e) Exceptions. The following mechanical equipment shall be exempt from the screening requirements of
        this section:
             1) Minor equipment not exceeding one (1) foot in height.
             2) Mechanical equipment accessory to a single or two-family dwelling.
             3) Mechanical equipment located in an I2 or I3 District not less than three hundred (300) feet from
                  a residence or office residence district.
  • The applicant is not proposing any additional mechanical equipment for the proposed use. Staff is
    recommending that all existing and proposed mechanical equipment be screened per section 535.70 of the
    zoning code.

Refuse Screening – Meets requirements with Conditions of Approval
  • All refuse and recycling storage containers are subject to the screening requirements in Chapter 535:
     535.80. Screening of refuse and recycling storage containers.
     Refuse, recycling storage, and compost containers shall be enclosed on all four (4) sides by screening
     compatible with the principal structure not less than two (2) feet higher than the refuse container or shall be
     otherwise effectively screened from the street, adjacent residential uses located in a residence or office
     residence district and adjacent permitted or conditional residential uses. Single and two-family dwellings and
     multiple-family dwellings of three (3) and four (4) units shall not be governed by this provision.
  • The applicant is not showing refuse or recycling containers on the site plan. Staff is recommending that all
    existing and proposed refuse and recycling containers be screened per section 535.80 of the zoning code.

Lighting – Meets requirements with Conditions of Approval
  • Existing and proposed lighting must comply with Chapter 535 and Chapter 541 of the zoning code, including:
     535.590. Lighting.
     a)   In general. No use or structure shall be operated or occupied as to create light or glare in such an amount
          or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere
          with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a
          public nuisance.
     b) Specific standards. All uses shall comply with the following standards except as otherwise provided in this
        section:
              1)   Lighting fixtures shall be effectively arranged so as not to directly or indirectly cause illumination
                   or glare in excess of one-half (1/2) footcandle measured at the closest property line of any
                   permitted or conditional residential use, and five (5) footcandles measured at the street curb line
                   or nonresidential property line nearest the light source.




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Department of Community Planning and Economic Development
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              2) Lighting fixtures shall not exceed two thousand (2,000) lumens (equivalent to a one hundred fifty
                 (150) watt incandescent bulb) unless of a cutoff type that shields the light source from an
                 observer at the closest property line of any permitted or conditional residential use.
              3) Lighting shall not create a sensation of brightness that is substantially greater than ambient
                 lighting conditions as to cause annoyance, discomfort or decreased visual performance or
                 visibility to a person of normal sensitivities when viewed from any permitted or conditional
                 residential use.
              4) Lighting shall not create a hazard for vehicular or pedestrian traffic.
              5) Lighting of building facades or roofs shall be located, aimed and shielded so that light is directed
                 only onto the facade or roof.
  • The applicant is not proposing new lighting on the site. Any existing or proposed lighting shall comply with
    section 535.590 of the zoning code.

Fences – Meets requirements
  • Fences must comply with the requirements in Chapter 535. The existing fence is 6 ft. tall and is vinyl coated
    chain link.

Specific Development Standards – Meets requirements with Conditions of Approval
  • With the condition of approvals, the proposed motor freight terminal will meet the specific development
    standards Chapter 536.


                              Applicable Policies of the Comprehensive Plan

See finding #1 for the Rezoning application.


               Applicable Development Plans or Objectives Adopted by the City Council

See finding #1 for the Rezoning application.


                                            Alternative Compliance

The Planning Commission or zoning administrator may approve alternatives to any site plan review requirement
upon finding that the project meets one of three criteria required for alternative compliance. Alternative
compliance is requested for the following requirements:
  • Pedestrian access. There is an existing driveway, exceeding four feet in width connecting building entrances
    to the adjacent on-site parking facilities. The site does not have an adjacent public sidewalk.
  • General landscaping. At least 20 percent of the site not occupied by the building is not landscaped. The
    applicant is proposing approximately 47,148 square feet of landscaping on site, or approximately 4 percent of
    the site not occupied by buildings (see Table 4). The subject property has well-documented soil conditions
    that do not allow for large areas of disturbance. Staff is recommending that the planning commission grant
    alternative compliance to providing the minimum required landscaped area.
  • Required canopy trees. The applicant is not proposing at least one canopy tree per 500 square feet of the
    required landscaped area, including all required landscaped yards. The tree requirement for the site is 95 and
    the applicant is proposing a total of 13 trees. The subject property has well-documented soil conditions that
    do not allow for large areas of disturbance. Staff is recommending that the planning commission grant
    alternative compliance to providing the minimum required landscaped area.
  • Required shrubs. The applicant is not proposing at least one shrub per 100 square feet of the required
    landscaped area, including all required landscaped yards. The shrub requirement for the site is 472 and the
    applicant is proposing 0 shrubs. The subject property has well-documented soil conditions that do not allow




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      for large areas of disturbance. Staff is recommending that the planning commission grant alternative
      compliance to providing the minimum required landscaped area.
  •   Parking and loading screening. The site contains a parking and loading area for trucks or commercial vehicles
      more than 15,000 pounds. For this area, the applicant is not proposing screening six feet in height and 60
      percent opaque. Staff is recommending that the applicant provide the required screening along New Brighton
      Blvd.
  •   Trees along New Brighton Blvd. There is at least not one tree provided for each 25 linear feet, or fraction
      thereof, of parking or loading area frontage. Staff is recommending that the applicant comply with the
      minimum tree requirement along the New Brighton Blvd frontage.
  •   The corners of the parking lot that are unavailable for parking or vehicular circulation are required to be
      landscaped as specified for a required landscaped yard. The subject property has well-documented soil
      conditions that do not allow for large areas of disturbance. Staff is recommending that the planning
      commission grant alternative compliance to providing the minimum required landscaped area.
  •   Parking within 50 ft. of an on-site deciduous tree. Because the proposed surface parking lot contains ten or
      more spaces, each parking space must be located within 50 feet of the center of an on-site deciduous tree.
      The subject property has well-documented soil conditions that do not allow for large areas of disturbance.
      Staff is recommending that the planning commission grant alternative compliance to providing the minimum
      required landscaped area.
  •   Tree islands. The proposed tree islands are at least seven feet wide in any direction. The subject property has
      well-documented soil conditions that do not allow for large areas of disturbance. Staff is recommending that
      the planning commission grant alternative compliance to providing the minimum required landscaped area.
  •   Curbing. The existing property is almost entirely impervious surface, with the vast majority of the site being
      Class V. The intended use will temporarily park vehicles on-site, but there will not be curb cuts. There is a
      stormwater retention area between the proposed parking area and New Brighton Blvd. The subject property
      has well-documented soil conditions that do not allow for large areas of disturbance. Staff is recommending
      that the planning commission grant alternative compliance to providing the concrete curb and wheel stops.


                                                                                  FOR REZONINGS ONLY

ZONING PLATE NUMBER. 10

LEGAL DESCRIPTION.

Parcel 1:
The east 300 feet of the south ½ of the northeast ¼ of the southwest ¼ of the northeast ¼ except that part thereof
lying east of the centerline of New Brighton Boulevard, also except the south 20 feet thereof in Section 13, Township
29, Range 24, Hennepin County, Minnesota
Parcel 2:
That part of the north half of the southwest quarter of the northeast quarter of Section 13, Township 29, Range 24
described as follows:
Commencing at the intersection of the centerline of Johnson Street and the centerline of Broadway Street as shown
on the plat of ‘Broadway Addition to Minneapolis’, thence on an assumed bearing of north along said centerline of
Johnson Street 251.13 feet; thence north 34 degrees 15 minutes east 433.79 feet to a point hereinafter referred to
as ‘Point A’; thence south 55 degrees 45 minutes east 149 feet; thence north 34 degrees 15 minutes east 100 feet;
thence northeasterly along a tangential curve hereinafter referred to as curve A, being concave to the southeast
and having a radius of 1136.24 feet to the south line of said north half of the southwest quarter of the northeast
quarter, being the actual point of beginning of the tract to be described; thence continuing northeasterly along said
curve A to the intersection with a line bearing south 45 degrees 38 minutes 13 seconds east 126.94 feet; thence
south 44 degrees 21 minutes 47 seconds east 137 feet to said Point B; thence north 45 degrees 38 minutes 13 seconds
east, no tangent to the above described curve A to said Point B; thence along a tangential curve concave to the
south, having a radius of 756.47 feet to the north line of the east 300 feet of the south half of the northeast quarter



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of said southwest quarter of the northeast quarter; thence westerly along said north line to the west line of the east
300 feet of said southwest quarter of the northeast quarter; thence southerly along said west line of the east 300
feet to the north line of the south 20 feet of said north half of the southwest quarter of the northeast quarter; thence
easterly along said north line of the south 20 feet to the centerline of New Brighton Boulevard; thence
southwesterly along said centerline of New Brighton Boulevard to said south line of the north half of the southwest
quarter of the northeast quarter; thence westerly along said south line of the north half of the southwest quarter of
the northeast quarter to the actual point of beginning.
Parcel 3:
That part of the North ½ of the southwest ¼ of the northeast ¼ and of the north ½ of the southeast ¼ of the
northeast ¼ of Section 13, Township 29, Range 24, described as beginning at the intersection of the south line of
the said north 1/2 of the southwest ¼ of the northeast ¼ and the centerline of vacated Old New Brighton Boulevard;
thence on an assumed bearing of north 36 degrees 29 minutes 49 seconds east along the centerline of vacated Old
New Brighton Boulevard a distance of 261.94 feet; thence north 0 degrees 07 minutes 12 seconds east a distance of
98.77 feet to the southerly right-of-way line of Interstate Highway No. 35W; thence south 78 degrees 34 minutes 12
seconds east a distance of 108.83 feet to the easterly right-of-way line of Old New Brighton Boulevard; thence south
36 degrees 29 minutes 49 seconds west along said right-of-way line a distance of 35.86 feet to the southerly right-
of-way line of Interstate Highway No. 35W; thence north 77 degrees 47 minutes 01 seconds east along said right-of-
way line a distance of 54.34 feet; thence south 36 degrees 06 minutes west a distance of 11.38 feet; thence on a
tangential curve concave to the westerly having a radius of 1132.35 feet, a delta angle of 14 degrees 18 minutes 06
seconds, for a distance of 282.65 feet; thence south 50 degrees 24 minutes 06 seconds west tangent to last
described curve a distance of 87.98 feet to the south line of said north ½ of the southwest ¼ of the northeast ¼;
thence north 89 degrees 38 minutes 02 seconds west along said south line 26.79 feet to the point of beginning.

                                                                                       RECOMMENDATIONS

The Department of Community Planning and Economic Development recommends that the City Planning
Commission adopt staff findings for the applications by Larkin Hoffman Attorneys for the property located at 1300
New Brighton Blvd:
    A. Rezoning.
            Recommended motion: Approve the petition to rezone from I1 Light Industrial District to I2 Medium
            Industrial District.
    B. Conditional Use Permit for a Planned Unit Development.
            Recommended motion: Approve the conditional use permit to allow a motor freight terminal, subject to
            the following conditions:
            1.   The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat.
                 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a
                 conditional use permit may commence. Unless extended by the zoning administrator, the
                 conditional use permit shall expire if it is not recorded within two years of approval.
            2.   The use shall comply with the specific development standards per section 536.20 of the zoning code.


    C. Site Plan Review.
            Recommended motion: Approve the site plan review for a motor freight terminal (transportation use),
            subject to the following conditions:
            1.   All site improvements shall be completed by August 30, 2020, unless extended by the Zoning
                 Administrator, or the permit may be revoked for non-compliance.
            2.   CPED staff shall review and approve the final site, elevation, landscaping, and lighting plans before
                 building permits may be issued.




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3.   The plant materials, and installation and maintenance of the plant materials, shall comply with
     sections 530.200 and 530.210 of the zoning code.
4.   The applicant shall provide a dense hedge along New Brighton Blvd, at least 6 ft. in height and 95%
     opaque as required screening for parking and loading fronting along a public street.
5.   The applicant shall screen the mechanical equipment per section 535.70 of the zoning code.
6.   The applicant shall provide refuse and recycling container screening per section 535.80 of the zoning
     code.
7.   The applicant shall comply with the lighting requirements per section 535.590 of the zoning code.



                                                                                   ATTACHMENTS

1.   Rezoning ordinance
2.   Zoning map
3.   Oblique aerial photo
4.   Written description and findings submitted by applicant
5.   Survey
6.   Site plan
7.   Plans
8.   Photos
9.   Rezoning matrix




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