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HomeMy WebLinkAboutItem 07        1 2 3 1 2 3 1 Jenson, Kris From:george.maverick@usbank.com Sent:Thursday, January 14, 2016 3:18 PM To:Jenson, Kris Subject:Fw: Rosehenge Hall Screening Plan Dear Kris, Following the planning commission meeting, please find below the proposed screening plan.   I propose we build a maintenance free, vinyl fence (information attached) on the whole South border of the property, within a foot  North of the Southern property line, or as prescribed by the City Code.  On the SW corner, the fence would go as far West as the  corner of the neighbor’s house to the South.  In addition, I propose we extend this fence along the East property line, from the SE  corner of the property, North, until the SE corner of the building. I believe this will also accomplish screening for the refuse and  recycling bins.   This will be a 6 foot fence, as shown. I propose this fence will be built by May 30, 2016.  I believe this fence will provide sufficient  refuse screening and I proposed we reassess the need for additional screening once this fence is completed.  Should the City find  that the fence does not fulfil the screening requirements, we would complete the additional screening within 45 days of being  notified to do so.   The green line in the diagram below shows the proposed fence.  I further propose that we field verify actual location of fencing in  April 2016, or as soon as the snow melts, in order to address the neighbors' concerns regarding fence placement.   Please let me know if this is sufficient. An additional note: the neighbors expressed to me personally a concern about alcohol consumption into the night. I informed them  that we already close the bar 30 minutes prior to closing, and that we provide soft drinks and coffee free to all guests all evening, in  order to encourage responsible behavior.  For a short while I was under the impression that keeping the bar closing time at 10:30  pm on days when the closing would be 12 would alleviate their concerns. Apparently there was a change of heart about that  arrangement.    We will continue to actively manage, monitor bar activity, and will continue closing the bar well before closing time,  in order to encourage responsible behavior. Sincerely George Maverick 612‐280‐2121     The information contained in this transmission including any attached documentation may be privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify the City of Lakeville immediately by replying to this email. U.S. BANCORP made the following annotations --------------------------------------------------------------------- Electronic Privacy Notice. This e-mail, and any attachments, contains information that is, or may be, covered by electronic communications privacy laws, and is also confidential and proprietary in nature. 2   3     Please see attached     George Maverick  612‐280‐2121      From: Jenson, Kris [mailto:kjenson@lakevillemn.gov]   Sent: Friday, January 8, 2016 12:35 PM  To: georgemaverick@msn.com  Subject: Rosehenge Hall Screening Plan    George,    I wanted to touch base with you about what you need to submit to the Planning Department regarding the Rosehenge  Hall site. As we discussed last night, I will need you to submit a plan to my office proposing screening for the south and  east sides of the parking area as well as around the dumpster enclosure. If you feel it would be beneficial to meet on  site, I am available to do so next week.    1 Jenson, Kris From:rringerr@aol.com Sent:Wednesday, January 13, 2016 2:08 PM To:georgemaverick@msn.com; Jenson, Kris Cc:drringer@gmail.com; nancy.zanatta@me.com Subject:Re: Rosehenge Hall Screening Plan Attachments:image004.png; image003.gif; image001.png; image002.jpg Dear Mr. Maverick and Kris Jenson, We request that you move this agenda item to the council meeting at the end of the month. We desire more time to communicate with Mr. Maverick. While we do appreciate Mr. Maverick's offer to close the bar at 10:30 PM, however, you need to understand our position. We wrote to the City of Lakeville and attended the meeting to express that our position was that the current practice of closing Rosehenge Hall at 11:00 PM, should not be expanded. We pointed out that there is currently no buffer or space to add a proper buffer as outlined in city code so that you would understand the importance of maintaining the current closing time. At the planning commission meeting a fence was proposed. Right now it is winter and it is difficult to see exactly how the proposed fence would fit in the suggested location. I can tell you that the ground slopes steeply away from the parking lot curb. If the proposed fence is moved away from the parking lot curb in will be shielding what little green space we have between our property and the parking lot. We do not consider this to be desirable. If it is decided to put up a fence we desire that the fence be as far off our property as possible to allow for as much green space buffer as possible. Please follow the city code that calls for five feet and ten feet for fences to be set back. The fence that Mr. Maverick has proposed does not meet our expectations or the city code of air space. In fact, the whole idea of the fence was an out of the blue experience for us. We are not certain we will agree to a fence being built. Regards, Richard Ringeisen David Ringeisen Douglas Ringeisen Nancy Zanatta -----Original Message----- From: George Maverick <georgemaverick@msn.com> To: 'Jenson, Kris' <kjenson@lakevillemn.gov> Cc: rringerr <rringerr@aol.com>; drringer <drringer@gmail.com> Sent: Tue, Jan 12, 2016 2:54 pm Subject: FW: Rosehenge Hall Screening Plan Dear Kris, and also Doug and Rick Ringeisen,     After the Planning Commission meeting of January 7, 2016, I had a brief conversation with Doug and Rick Ringeisen, and  also Mr. Ford.   What I took from the conversation with them was that they key concern for extending the hours of operation from 11 to  midnight is that alcohol consumption would be extended as well.     1 Jenson, Kris From:Nancy Zanatta <nancy.zanatta@me.com> Sent:Wednesday, January 06, 2016 1:48 PM To:Jenson, Kris Subject:January 7 CUP-Private community center Hi Kris, Below is a copy of an email I just sent to City Officials and Staff. Your email bounced back to me because I did not have your email address correct. I apologize for the mistake. Thank you, Nancy Ringeisen-Zanatta City of Lakeville Officials and Staff, I’m Nancy Susan Ringeisen-Zanatta. I am part owner with my 3 brothers of 2 properties in Lakeville. 1. 20764 Holt Avenue 2. 20760 Holt Avenue 3. 20758 Holt Avenue 20760 and 20758 is a duplex. 20764 is a single family home. This email is concerning the filing by George Maverick for a Conditional Use Permit amendment to extend the hours of operation to midnight for the private community center Rosehenge Hall located at 20732 Holt Avenue, Lakeville. My properties are directly south of the center. I request you do not approve the proposed Conditional Use Permit George Maverick is requesitng. George Maverick is requesting to extend the hours of operation to midnight on: 1. Friday nights 2. Saturday nights 3. Sunday before Memorial Day 4. July 3 5. Thanksgiving Day 6. December 24 7. December 31 8. Sunday before Labor Day This accumulations to approximately 108 additional days of late nights for homeowners located in close proximity to the private community center. My properties are homes for individuals and they range from 10 feet to 70 feet from the parking lot for the community center. There are also homes directly behind the private community center. The added hours will have a negative effect on the quality of life, and property values of all the homeowners. There is no buffer zone between the private center and the home-owners properties. When originally built the property it was designed as senior housing. Now as an event center, the use is quite different, and close adjacency to private residences without a proper buffer. 2 The original condition of approval for the community center required operation hours of 7:00am to 10:00pm on Sunday through Thursday and 7:00am to 11:00pm on Friday and Saturday. These hours were already generous and are what was approved. Mr. Maverick agreed to the hours. They should not be extended. Ending time of 11:00pm for a wedding is acceptable and appropriate for the area. It has worked for the center for 3 years. Plus it always takes longer than the closing time to clear a building and the parking lot. So the effective hours are really already currently later than 11pm. Approval to midnight will extend the actually use of the building much later. While we have not filed complains with the city regarding the added traffic, noise, garbage, headlights, loss of privacy, etc. We already suffer constant disruptions, and nusence due to the change of use from senior housing to an event center. Extending the hours will only increase an already disruptive addition to the neighborhood. The insufficient parking for the facility is a constant problem. Please do not approve the proposed Conditional Use Permit. Our sense of neighborhood is already disrupted we don’t need it extended Thank you, Nancy RIngeisen-Zanatta Rick Ringeisen Doug Ringeisen David Ringeisen CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES January 7, 2016 Chair Swenson called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Jason Swenson, Brooks Lillehei, Karl Drotning, Alternates Jason Kelvie and Tom Thorstenson, Ex-officio member Nic Stevens Members Absent: Vice Chair Linda Maguire, Paul Reuvers, Pat Kaluza, Scott Einck Others Present: Daryl Morey, Planning Director, Kris Jenson, Associate Planner; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The December 3, 2015 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following were distributed to the Planning Commission regarding Agenda Item 5, Rosehenge Hall CUP Amendment:  November 8, 2012 Planning Commission minutes for the original CUP public hearing.  E-mail from a resident voicing their concerns about the request for extended hours. Mr. Morey indicated that the annual Zoning Ordinance update work session discussion will be held immediately following the January 21st regular Planning Commission meeting. 5. George Maverick, Rose Mountain LLC Chair Swenson opened the public hearing to consider the application of George Maverick for an amendment to Conditional Use Permit No. 12-14 that would extend the hours of operation for a private community center in an RM-1, Medium Density Residential Zoning District. George Maverick presented a brief overview of his request. He reviewed the measures he has put in place to minimize potential impacts to the surrounding residential properties, including a new sound system, using an in-house DJ for all events, posting a staff member at the door to keep guest from exiting the building with alcoholic drinks, and keeping doors closed at all times. The building was also remodeled to remove a large window on the east side of the building and replaced it Planning Commission Meeting Minutes, January 7, 2016 Page 2 with a wall. He indicated that his business is not a very intensive use and that there are about 30 events a year. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that the proposed CUP amendment would allow the Rosehenge Hall, a private community center located at 20732 Holt Avenue, to stay open to midnight on Friday and Saturday evenings, as well as on six other days throughout the year, which are listed in the December 30, 2015 planning report. The six days requested were chosen because the following day is a major holiday and is typically a day off of work for most people. The original CUP stated the facility was permitted to operate from 7:00 a.m. to 10:00 p.m., Sunday through Thursday and 7:00 a.m. to 11:00 p.m. on Friday and Saturday. Ms. Jenson stated that staff asked for input from the Lakeville Police Department as to whether there were calls for service f rom Rosehenge Hall since the CUP was approved in 2012. Since January 1, 2013 there has been one public assist call and no calls regarding noise complaints, crimes, or suspicion calls. Ms. Jenson indicated that she received two phone calls regarding Mr. Maverick’s CUP amendment request. Neither expressed specific concerns about the extended hours. She received an e-mail from an adjacent property owner (which was distributed to the Planning Commission at tonight’s meeting) who was not in favor of the extended hours. Ms. Jenson stated that Planning Department staff supports the extended hours for Friday and Saturday nights and for the six additional days and recommends approval of the CUP amendment, subject to the one stipulation listed in the December 30, 2015 planning report and the findings of fact included with the Planning report. Chair Swenson opened the hearing to the public for comment. Richard Ringeisen, 20085 Italy Avenue (speaking on behalf of his brothers Doug and David Ringeisen and his sister Nancy Ringeisen-Zanatta) Mr. Ringeisen and his family own 20758 and 20760 (Duplex) and 20764 Holt Avenue. Their concerns were:  The distance (less than 10 feet) between the subject parking lot and their property  Snow from the parking lot gets plowed directly onto their property  No buffer or screening between the subject property and their property  Trash enclosure has no screening  Not enough parking  Noise, garbage, traffic impacts to their quality of life and property values Mr. Ringeisen feels that Mr. Maverick does a nice job and understands that there are businesses and homes next to each other in the downtown area. He feels that the Planning Commission Meeting Minutes, January 7, 2016 Page 3 11:00 p.m. time works now and does not think that it is necessary to be open until midnight. Glenn Nord, 20655 Holt Avenue Mr. Nord stated he lives less than a block from the property and indicated that he is representing seven residents in the area that feel this is not a good location for this type of facility. His concerns were:  The property is not zoned properly  There is not enough parking for this use  There is not enough room for landscaping to help buffer the residential properties from this facility He asked the Planning Commission to not recommend approval of the request for extended hours. Motion was made by Drotning, seconded by Thorstenson to close the public hearing at 6:26 p.m. Ayes: Thorstenson, Lillehei, Swenson, Kelvie, Drotning Nays: 0 Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Screening along the east and south property lines and how challenging screening can be for downtown businesses because of the reduced setbacks allowed by ordinance. Mr. Maverick indicated that he is willing to submit a screening plan prior to City Council consideration of his CUP amendment application.  The C-CBD District has a reduced parking requirement and allows businesses to utilize on-street parking to meet their parking requirement.  The Zoning Ordinance requires trash enclosures to be screened. The Planning Commission did not feel the need to add this as a stipulation but rather requested that staff enforce the ordinance.  Discussed the CUP criteria and pointed out that the City Council has the ability to revoke the CUP if the conditions of approval are not being met.  Listed all of the things that Mr. Maverick has done to minimize noise impacts to adjacent residential uses, which is likely why there have been no police calls in the three years the facility has been operating. Based upon the Planning Commission’s discussion, Mr. Morey recommended the following additional stipulation: 2. The applicant shall submit a plan for screening along the south and east sides of the parking area prior to City Council consideration of the CUP amendment. Chair Swenson allowed Mr. Ringeisen to come back up to the podium to make a statement even though the public hearing is closed. Planning Commission Meeting Minutes, January 7, 2016 Page 4 Mr. Ringeisen stated that the Planning Commission represents the nine residents that he and Mr. Nord presented as being opposed to the request for extended hours, yet the Planning Commission supports the request . He stated that the Planning Commission is not listening to their request to deny this application. He stated that screening is not his main concern and reiterated that noise, alcohol and parking issues are the main concern and that he thinks things will get worse if the hours are extended to midnight. He stated that the Planning Commission should be making decisions based on the quality of life of the residents and not on the profits of businesses. Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of the Amendment to CUP 12-14 to extend the hours of operation for a private community center in an RM-1, Medium Density Residential Zoning District, subject to the following stipulations, as amended, and adopt the Findings of Fact dated January 7, 2016: 1. The hours of operation shall be limited to 10:00 p.m. from Sunday through Thursday and to midnight on Friday and Saturday as well as on the Sunday before Memorial Day, July 3rd, the Sunday before Labor Day, Thanksgiving, December 24th, and December 31st. All activities would take place within the building. No exterior assembly, music or noise would be allowed at any time due to the proximity to single family residential homes. 2. The applicant shall submit a plan for screening along the south and east sides of the parking area prior to City Council consideration of the CUP amendment. Ayes: Lillehei, Swenson, Drotning, Thorstenson Nays: Kelvie – Commissioner Kelvie agreed with Mr. Ringeisen that the current 11:00 closing time works for both parties. 6. Kenwood Hills Chair Swenson opened the public hearing to consider the request of Kenwood Hills, LLC for an amendment to the Kenwood Hills planned unit development to allow a 10 foot setback between detached townhome buildings. Dave Schmit presented a brief overview of their request. Mr. Schmit thanked the Planning Commission and staff for their support for their development. He stated that Kenwood Hills is modeled after a development they have in Eden Prairie. He indicated that with the curvature of the roads and the way the homes will sit on the lots in Kenwood Hills, the distance between the front of most buildings will be greater than 10 feet. Planning Consultant Daniel Licht presented the planning report. Mr. Licht reviewed the background of the Kenwood Hills plat and PUD zoning. He stated the first building permit was issued for a model home in November 2015. Shortly thereafter a building permit application for a second model home directly adjacent to the first City of Lakeville Planning Department 2       ±City of LakevilleAerial Map Rosehenge Hall Conditional Use Permit AmendmentEXHIBIT A 207TH ST 209TH ST 208TH ST H O L Y O K E A V E H O L T A V E H O L L I N S A V E ROSEHENGE HALL ± SUBJECT PROPERTY EXHIBIT B City of Lakeville Location and Zoning Map Rosehenge Hall Conditional Use Permit Amendment Text 207TH ST H O L Y O K E A V E H O L T A V E H O L L I N S A V E 208THST C-CBDC-CBD C-CBD RM-1 RM-1 RS-CBD RS-CBD RS-CBD P/OS George Maverick 12790 Dodd Blvd Rosemount, MN, 55068 612-280-2121 November 16, 2015 To: Mr. David Olson & Mr. Justin Miller, City of Lakeville Re: Modification to the Conditional Use Permit for Rosehenge Hall / Former Senior Center Building, 20732 Holt Ave Summary Request for the modification of the exiting Conditional Use Permit to increase hours of operation by 1 hour on Fridays, Saturdays, and 6 national holidays. Background Rosehenge Hall is a downtown Lakeville events center, located in the City’s former Senior Center building since December 2012. The events center is a destination attraction, holding primarily weddings, along with an assortment of other corporate functions and family events, bringing economic activity to Lakeville. We have enjoyed being a part of the Lakeville downtown community over the past 3 years, participating in the Pan-O-Prog Parade, and appreciating the City’s services: policy & fire response, street cleaning, and the Arts Center. We look forward to being a part of the community many years into the future. Located in a mixed use zoning area, Rosehenge Hall operates under a Conditional Use Permit. Key stipulations of the CUP are hours of operation (closing at 11PM on Friday/Saturday and 10PM Sundays), and operate all events exclusively indoors and with all windows closed in order to preserve the peace and quiet of the neighborhood. In the 3 years we’ve been a part of downtown Lakeville we have followed all CUP conditions. On a few occasions we asked City staff whether there had been any complaints based on our activity and presence, and were told that there had been no complaints. Request Details The current closing time of 11PM on Fridays and Saturdays causes us to lose a number of customers every month as most adults find 11PM to be far too early an ending time for a wedding. We request to modify the operating hours as follows, essentially closing one hour later on the weekends: o Friday and Saturday and the following 6 days: 8 AM – 12 PM  July 3rd,  Sunday before Memorial Day,  Sunday before Labor Day,  Thanksgiving Day  December 24th,  December 31st, o Sunday through Thursday 8 AM – 10 PM Sincerely George Maverick